STATE OF NEW YORK
________________________________________________________________________
2672
2025-2026 Regular Sessions
IN ASSEMBLY
January 21, 2025
___________
Introduced by M. of A. SAYEGH, STIRPE, DeSTEFANO -- Multi-Sponsored by
-- M. of A. TAGUE -- read once and referred to the Committee on
Transportation
AN ACT to amend the vehicle and traffic law, in relation to including if
a person has autism spectrum disorder on their driver's license; and
to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 490 of the vehicle and traffic law is amended by
2 adding a new subdivision 2-a to read as follows:
3 2-a. Autism spectrum disorder. In addition to the provisions of subdi-
4 vision two of this section, the commissioner shall ensure that space is
5 provided on the application so that the applicant shall indicate if they
6 have autism spectrum disorder and that the following is typed in clear
7 and conspicuous type:
8 "You must fill out the following section: Are you a person with autism
9 spectrum disorder? Check box for 'yes' or 'skip this question'."
10 The commissioner shall make whatever provisions are feasible and
11 desirable to maintain and issue all suitable documents regarding
12 advanced directives at driver's license examining offices.
13 § 2. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
14 traffic law, as amended by section 97 of part PP of chapter 56 of the
15 laws of 2022, is amended to read as follows:
16 (b) The identification card shall contain a distinguishing number or
17 mark and adequate space upon which an anatomical gift, pursuant to arti-
18 cle forty-three of the public health law, by the holder may be recorded
19 and shall contain such other information and shall be issued in such
20 form as the commissioner shall determine; provided, however, every iden-
21 tification card or renewal thereof issued to a person with autism spec-
22 trum disorder shall contain a distinctive mark; provided, however, every
23 identification card or renewal thereof issued to a person under the age
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04276-01-5
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1 of twenty-one years shall have prominently imprinted thereon the state-
2 ment "UNDER 21 YEARS OF AGE" in notably distinctive print or format.
3 Provided, further, however, that every identification card issued to an
4 applicant who was a member of the armed forces of the United States and
5 (i) received an honorable discharge or was released therefrom under
6 honorable conditions, or (ii) has a qualifying condition, as defined in
7 section one of the veterans' services law, and has received a discharge
8 other than bad conduct or dishonorable from such service, or (iii) is a
9 discharged LGBT veteran, as defined in section one of the veterans'
10 services law, and has received a discharge other than bad conduct or
11 dishonorable from such service, shall, upon [his or her] their request
12 and submission of proof as set forth herein, contain a distinguishing
13 mark, in such form as the commissioner shall determine, indicating that
14 [he or she is] they are a veteran. Such proof shall consist of a certif-
15 icate of release or discharge from active duty including but not limited
16 to a DD Form 214 or other proof satisfactory to the commissioner. The
17 commissioner shall not require fees for the issuance of such identifica-
18 tion cards or renewals thereof to persons under twenty-one years of age
19 which are different from the fees required for the issuance of identifi-
20 cation cards or renewals thereof to persons twenty-one years of age or
21 over, nor fees to persons requesting a veteran distinguishing mark which
22 are different from fees that would otherwise be required. Provided,
23 however, that notwithstanding the provisions of section four hundred
24 ninety-one of this article, the commissioner shall not require any fees
25 for the duplication or amendment of an identification card prior to its
26 renewal if such duplication or amendment was solely for the purpose of
27 adding a veteran distinguishing mark to such identification card.
28 § 3. Subdivision 1 of section 502 of the vehicle and traffic law is
29 REPEALED and a new subdivision 1 is added to read as follows:
30 1. Application for license. Application for a driver's license shall
31 be made to the commissioner. The fee prescribed by law may be submitted
32 with such application. The applicant shall furnish such proof of identi-
33 ty, age, and fitness as may be required by the commissioner. With
34 respect to a non-commercial driver's license or learner's permit which
35 does not meet federal standards for identification, in addition to the
36 acceptable proofs of age and identity approved by the commissioner as of
37 January first, two thousand twenty-five, acceptable proof of identity
38 shall also include, but not be limited to, a valid, unexpired foreign
39 passport issued by the applicant's country of citizenship (which shall
40 also be eligible as proof of age), a valid, unexpired consular identifi-
41 cation document issued by a consulate from the applicant's country of
42 citizenship, or a valid foreign driver's license that includes a photo
43 image of the applicant and which is unexpired or expired for less than
44 twenty-four months of its date of expiration, as primary forms of such
45 proof. Nothing contained in this subdivision shall be deemed to preclude
46 the commissioner from approving additional proofs of identity and age.
47 The commissioner may also provide that the application procedure shall
48 include the taking of a photo image or images of the applicant in
49 accordance with rules and regulations prescribed by the commissioner. In
50 addition, the commissioner also shall require that the applicant provide
51 their social security number or, in lieu thereof, with respect to an
52 application for a non-commercial driver's license or learner's permit
53 which does not meet federal standards for identification, an affidavit
54 signed by such applicant that they have not been issued a social securi-
55 ty number. The commissioner also shall provide space on the application
56 so that the applicant may register in the New York state organ and
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1 tissue donor registry under section forty-three hundred ten of the
2 public health law with the following stated on the application in clear
3 and conspicuous type:
4 "You must fill out the following section: Would you like to be added
5 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
6 tion'."
7 The commissioner of health shall not maintain records of any person
8 who checks "skip this question". Except where the application is made in
9 person or electronically, failure to check a box shall not impair the
10 validity of an application, and failure to check "yes" or checking "skip
11 this question" shall not be construed to imply a wish not to donate. In
12 the case of an applicant under eighteen years of age, checking "yes"
13 shall not constitute consent to make an anatomical gift or registration
14 in the donate life registry, except as otherwise provided pursuant to
15 the provisions of paragraph (b) of subdivision one of section forty-
16 three hundred one of the public health law. Where an applicant has
17 previously consented to make an anatomical gift or registered in the
18 donate life registry, checking "skip this question" or failing to check
19 a box shall not impair that consent or registration. In addition, an
20 applicant for a commercial driver's license who will operate a commer-
21 cial motor vehicle in interstate commerce shall certify that such appli-
22 cant meets the requirements to operate a commercial motor vehicle, as
23 set forth in public law 99-570, title XII, and title 49 of the code of
24 federal regulations, and all regulations promulgated by the United
25 States secretary of transportation under the hazardous materials trans-
26 portation act. In addition, the commissioner shall ensure that space is
27 provided on the application so that the applicant shall indicate a
28 declaration relating to if the applicant is a person with autism spec-
29 trum disorder that the following is typed in clear and conspicuous type:
30 "You must fill out the following section: Are you a person with autism
31 spectrum disorder? Check box for 'yes' or 'skip this question'."
32 The commissioner shall make whatever provisions are feasible and
33 desirable to maintain and issue all suitable documents regarding
34 advanced directives at driver's license examining offices. In addition,
35 an applicant for a commercial driver's license shall submit a medical
36 certificate at such intervals as required by the federal motor carrier
37 safety improvement act of 1999 and Part 383.71(h) of title 49 of the
38 code of federal regulations relating to medical certification and in a
39 manner prescribed by the commissioner. For purposes of this section and
40 sections five hundred three, five hundred ten-a, and five hundred ten-aa
41 of this title, the terms "medical certificate" and "medical certif-
42 ication" shall mean a form substantially in compliance with the form set
43 forth in Part 391.43(h) of title 49 of the code of federal regulations.
44 Upon a determination that the holder of a commercial driver's license
45 has made any false statement, with respect to the application for such
46 license, the commissioner shall revoke such license.
47 § 4. Paragraph (a) of subdivision 1 of section 504 of the vehicle and
48 traffic law, as separately amended by chapters 568 and 639 of the laws
49 of 2006, is amended to read as follows:
50 (a) Every license or renewal thereof shall contain a distinguishing
51 mark and adequate space upon which an anatomical gift, pursuant to
52 section forty-three hundred ten of the public health law, by the licen-
53 see shall be recorded and shall contain such other information and shall
54 be issued in such form as the commissioner shall determine; provided,
55 however, every license or renewal thereof issued to a person under the
56 age of twenty-one years shall have prominently imprinted upon it the
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1 statement "UNDER 21 YEARS OF AGE" in notably distinctive print or
2 format; provided further, however, every license or renewal thereof
3 issued to a person making an anatomical gift shall have prominently
4 printed upon the front of such license or renewal thereof the statement
5 "ORGAN DONOR" in notably distinctive print or format; provided that
6 every license or renewal thereof issued to a person who has indicated on
7 an application or renewal that they are a person with autism spectrum
8 disorder shall have imprinted on the front of such license or renewal
9 thereof a distinctive mark which indicates such. The commissioner shall
10 not require fees for the issuance of such licenses or renewals thereof
11 to persons under twenty-one years of age [or], to persons making an
12 anatomical gift or to a person with autism spectrum disorder which are
13 different from the fees required for the issuance of licenses or
14 renewals thereof to persons twenty-one years of age or over [or], to
15 persons not making an anatomical gift or to persons who did not indicate
16 on an application or renewal that they are a person with autism spectrum
17 disorder.
18 § 5. This act shall take effect immediately; provided, however, that
19 section three of this act shall take effect on the one hundred eightieth
20 day after it shall have become a law.
