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S08014 Summary:

BILL NOS08014
 
SAME ASSAME AS A02672
 
SPONSORCOMRIE
 
COSPNSR
 
MLTSPNSR
 
Amd §§490, 502 & 504, rpld §502 sub 1, V & T L
 
Includes a distinctive mark on a person's driver's license if a person has autism spectrum disorder.
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S08014 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8014
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 15, 2025
                                       ___________
 
        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed 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
    24  of  twenty-one years shall have prominently imprinted thereon the state-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04276-01-5

        S. 8014                             2
 
     1  ment "UNDER 21 YEARS OF AGE" in notably  distinctive  print  or  format.
     2  Provided,  further, however, that every identification card issued to an
     3  applicant who was a member of the armed forces of the United States  and
     4  (i)  received  an  honorable  discharge  or was released therefrom under
     5  honorable conditions, or (ii) has a qualifying condition, as defined  in
     6  section  one of the veterans' services law, and has received a discharge
     7  other than bad conduct or dishonorable from such service, or (iii) is  a
     8  discharged  LGBT  veteran,  as  defined  in section one of the veterans'
     9  services law, and has received a discharge other  than  bad  conduct  or
    10  dishonorable  from  such service, shall, upon [his or her] their request
    11  and submission of proof as set forth herein,  contain  a  distinguishing
    12  mark,  in such form as the commissioner shall determine, indicating that
    13  [he or she is] they are a veteran. Such proof shall consist of a certif-
    14  icate of release or discharge from active duty including but not limited
    15  to a DD Form 214 or other proof satisfactory to  the  commissioner.  The
    16  commissioner shall not require fees for the issuance of such identifica-
    17  tion  cards or renewals thereof to persons under twenty-one years of age
    18  which are different from the fees required for the issuance of identifi-
    19  cation cards or renewals thereof to persons twenty-one years of  age  or
    20  over, nor fees to persons requesting a veteran distinguishing mark which
    21  are  different  from  fees  that  would otherwise be required. Provided,
    22  however, that notwithstanding the provisions  of  section  four  hundred
    23  ninety-one  of this article, the commissioner shall not require any fees
    24  for the duplication or amendment of an identification card prior to  its
    25  renewal  if  such duplication or amendment was solely for the purpose of
    26  adding a veteran distinguishing mark to such identification card.
    27    § 3. Subdivision 1 of section 502 of the vehicle and  traffic  law  is
    28  REPEALED and a new subdivision 1 is added to read as follows:
    29    1.  Application  for license. Application for a driver's license shall
    30  be made to the commissioner. The fee prescribed by law may be  submitted
    31  with such application. The applicant shall furnish such proof of identi-
    32  ty,  age,  and  fitness  as  may be required by the commissioner.   With
    33  respect to a non-commercial driver's license or learner's  permit  which
    34  does  not  meet federal standards for identification, in addition to the
    35  acceptable proofs of age and identity approved by the commissioner as of
    36  January first, two thousand twenty-five, acceptable  proof  of  identity
    37  shall  also  include,  but not be limited to, a valid, unexpired foreign
    38  passport issued by the applicant's country of citizenship  (which  shall
    39  also be eligible as proof of age), a valid, unexpired consular identifi-
    40  cation  document  issued  by a consulate from the applicant's country of
    41  citizenship, or a valid foreign driver's license that includes  a  photo
    42  image  of  the applicant and which is unexpired or expired for less than
    43  twenty-four months of its date of expiration, as primary forms  of  such
    44  proof. Nothing contained in this subdivision shall be deemed to preclude
    45  the  commissioner  from approving additional proofs of identity and age.
    46  The commissioner may also provide that the application  procedure  shall
    47  include  the  taking  of  a  photo  image  or images of the applicant in
    48  accordance with rules and regulations prescribed by the commissioner. In
    49  addition, the commissioner also shall require that the applicant provide
    50  their social security number or, in lieu thereof,  with  respect  to  an
    51  application  for  a  non-commercial driver's license or learner's permit
    52  which does not meet federal standards for identification,  an  affidavit
    53  signed by such applicant that they have not been issued a social securi-
    54  ty  number. The commissioner also shall provide space on the application
    55  so that the applicant may register in  the  New  York  state  organ  and
    56  tissue  donor  registry  under  section  forty-three  hundred ten of the

        S. 8014                             3
 
     1  public health law with the following stated on the application in  clear
     2  and conspicuous type:
     3    "You  must  fill out the following section: Would you like to be added
     4  to the Donate Life Registry?  Check box for 'yes' or  'skip  this  ques-
     5  tion'."
     6    The  commissioner  of  health shall not maintain records of any person
     7  who checks "skip this question". Except where the application is made in
     8  person or electronically, failure to check a box shall  not  impair  the
     9  validity of an application, and failure to check "yes" or checking "skip
    10  this  question" shall not be construed to imply a wish not to donate. In
    11  the case of an applicant under eighteen years  of  age,  checking  "yes"
    12  shall  not constitute consent to make an anatomical gift or registration
    13  in the donate life registry, except as otherwise  provided  pursuant  to
    14  the  provisions  of  paragraph  (b) of subdivision one of section forty-
    15  three hundred one of the public  health  law.  Where  an  applicant  has
    16  previously  consented  to  make  an anatomical gift or registered in the
    17  donate life registry, checking "skip this question" or failing to  check
    18  a  box  shall  not  impair that consent or registration. In addition, an
    19  applicant for a commercial driver's license who will operate  a  commer-
    20  cial motor vehicle in interstate commerce shall certify that such appli-
    21  cant  meets  the  requirements to operate a commercial motor vehicle, as
    22  set forth in public law 99-570, title XII, and title 49 of the  code  of
    23  federal  regulations,  and  all  regulations  promulgated  by the United
    24  States secretary of transportation under the hazardous materials  trans-
    25  portation  act. In addition, the commissioner shall ensure that space is
    26  provided on the application so  that  the  applicant  shall  indicate  a
    27  declaration  relating  to if the applicant is a person with autism spec-
    28  trum disorder that the following is typed in clear and conspicuous type:
    29    "You must fill out the following section: Are you a person with autism
    30  spectrum disorder? Check box for 'yes' or 'skip this question'."
    31    The commissioner shall  make  whatever  provisions  are  feasible  and
    32  desirable  to  maintain  and  issue  all  suitable  documents  regarding
    33  advanced directives at driver's license examining offices. In  addition,
    34  an  applicant  for  a commercial driver's license shall submit a medical
    35  certificate at such intervals as required by the federal  motor  carrier
    36  safety  improvement  act  of  1999 and Part 383.71(h) of title 49 of the
    37  code of federal regulations relating to medical certification and  in  a
    38  manner  prescribed by the commissioner. For purposes of this section and
    39  sections five hundred three, five hundred ten-a, and five hundred ten-aa
    40  of this title, the terms  "medical  certificate"  and  "medical  certif-
    41  ication" shall mean a form substantially in compliance with the form set
    42  forth  in Part 391.43(h) of title 49 of the code of federal regulations.
    43  Upon a determination that the holder of a  commercial  driver's  license
    44  has  made  any false statement, with respect to the application for such
    45  license, the commissioner shall revoke such license.
    46    § 4. Paragraph (a) of subdivision 1 of section 504 of the vehicle  and
    47  traffic  law,  as separately amended by chapters 568 and 639 of the laws
    48  of 2006, is amended to read as follows:
    49    (a) Every license or renewal thereof shall  contain  a  distinguishing
    50  mark  and  adequate  space  upon  which  an anatomical gift, pursuant to
    51  section forty-three hundred ten of the public health law, by the  licen-
    52  see shall be recorded and shall contain such other information and shall
    53  be  issued  in  such form as the commissioner shall determine; provided,
    54  however, every license or renewal thereof issued to a person  under  the
    55  age  of  twenty-one  years  shall have prominently imprinted upon it the
    56  statement "UNDER 21 YEARS  OF  AGE"  in  notably  distinctive  print  or

        S. 8014                             4
 
     1  format;  provided  further,  however,  every  license or renewal thereof
     2  issued to a person making an  anatomical  gift  shall  have  prominently
     3  printed  upon the front of such license or renewal thereof the statement
     4  "ORGAN  DONOR"  in  notably  distinctive  print or format; provided that
     5  every license or renewal thereof issued to a person who has indicated on
     6  an application or renewal that they are a person  with  autism  spectrum
     7  disorder  shall  have  imprinted on the front of such license or renewal
     8  thereof a distinctive mark which indicates such. The commissioner  shall
     9  not  require  fees for the issuance of such licenses or renewals thereof
    10  to persons under twenty-one years of age  [or],  to  persons  making  an
    11  anatomical  gift  or to a person with autism spectrum disorder which are
    12  different from the  fees  required  for  the  issuance  of  licenses  or
    13  renewals  thereof  to  persons  twenty-one years of age or over [or], to
    14  persons not making an anatomical gift or to persons who did not indicate
    15  on an application or renewal that they are a person with autism spectrum
    16  disorder.
    17    § 5. This act shall take effect immediately; provided,  however,  that
    18  section three of this act shall take effect on the one hundred eightieth
    19  day after it shall have become a law.
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