Provides for the placement of a discreet disability designation on non-driver identification cards, drivers' licenses and learners' permits; makes technical and conforming changes.
STATE OF NEW YORK
________________________________________________________________________
5519
2023-2024 Regular Sessions
IN SENATE
March 7, 2023
___________
Introduced by Sen. JACKSON -- 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 the place-
ment of a discreet disability designation on non-driver identification
cards, drivers' licenses and learners' permits and making technical
and conforming changes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 3 of section 490 of the vehi-
2 cle and traffic law is amended by adding a new subparagraph (iv) to read
3 as follows:
4 (iv) The commissioner shall provide space so that an applicant may
5 request a notation upon such identification card that such applicant has
6 a disability. An applicant requesting a notation of disability shall
7 submit either a copy of such applicant's social security disability
8 benefit verification letter or a form, to be promulgated by the commis-
9 sioner in consultation with the commissioner of health, commissioner of
10 mental health, the commissioner of the office for people with develop-
11 mental disabilities and the commissioner of addiction services and
12 supports, verifying that such applicant has a disability, including
13 chronic illness or pain. Such form shall be signed by:
14 (A) a licensed physician, including a licensed neurologist or a
15 licensed psychiatrist;
16 (B) a commissioned medical officer of the armed forces of the United
17 States;
18 (C) a licensed physician assistant;
19 (D) a licensed podiatrist;
20 (E) a certified nurse practitioner;
21 (F) a licensed physical therapist; or
22 (G) a licensed psychologist.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07915-01-3
S. 5519 2
1 § 2. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
2 traffic law, as amended by chapter 490 of the laws of 2019, is amended
3 to read as follows:
4 (b) The identification card shall contain a distinguishing number or
5 mark and adequate space upon which an anatomical gift, pursuant to arti-
6 cle forty-three of the public health law, by the holder may be recorded
7 and shall contain such other information and shall be issued in such
8 form as the commissioner shall determine; provided, however, every iden-
9 tification card or renewal thereof issued to a person under the age of
10 twenty-one years shall have prominently imprinted thereon the statement
11 "UNDER 21 YEARS OF AGE" in notably distinctive print or format.
12 Provided, further, however, that every identification card issued to an
13 applicant who was a member of the armed forces of the United States and
14 (i) received an honorable discharge or was released therefrom under
15 honorable conditions, or (ii) has a qualifying condition, as defined in
16 section three hundred fifty of the executive law, and has received a
17 discharge other than bad conduct or dishonorable from such service, or
18 (iii) is a discharged LGBT veteran, as defined in section three hundred
19 fifty of the executive law, and has received a discharge other than bad
20 conduct or dishonorable from such service, shall, upon his or her
21 request and submission of proof as set forth herein, contain a distin-
22 guishing mark, in such form as the commissioner shall determine, indi-
23 cating that he or she is a veteran. Such proof shall consist of a
24 certificate of release or discharge from active duty including but not
25 limited to a DD Form 214 or other proof satisfactory to the commission-
26 er. Provided, further, that every identification card issued to an
27 applicant who has a disability shall, upon the request of such applicant
28 pursuant to the provisions of subparagraph (iv) of paragraph (a) of this
29 subdivision, contain a distinguishing mark, in such form as the commis-
30 sioner shall determine, which is discreet and represents all types of
31 disabilities, including cognitive, neurological or physical disabili-
32 ties. The commissioner shall not require fees for the issuance of such
33 identification cards or renewals thereof to persons under twenty-one
34 years of age which are different from the fees required for the issuance
35 of identification cards or renewals thereof to persons twenty-one years
36 of age or over, nor fees to persons requesting a veteran distinguishing
37 mark which are different from fees that would otherwise be required, nor
38 fees to persons requesting a disability distinguishing mark which are
39 different from fees that would otherwise be required. Provided, however,
40 that notwithstanding the provisions of section four hundred ninety-one
41 of this article, the commissioner shall not require any fees for the
42 duplication or amendment of an identification card prior to its renewal
43 if such duplication or amendment was solely for the purpose of adding a
44 veteran distinguishing mark or a disability distinguishing mark to such
45 identification card.
46 § 3. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
47 traffic law, as amended by section 97 of part PP of chapter 56 of the
48 laws of 2022, is amended to read as follows:
49 (b) The identification card shall contain a distinguishing number or
50 mark and adequate space upon which an anatomical gift, pursuant to arti-
51 cle forty-three of the public health law, by the holder may be recorded
52 and shall contain such other information and shall be issued in such
53 form as the commissioner shall determine; provided, however, every iden-
54 tification card or renewal thereof issued to a person under the age of
55 twenty-one years shall have prominently imprinted thereon the statement
56 "UNDER 21 YEARS OF AGE" in notably distinctive print or format.
S. 5519 3
1 Provided, further, however, that every identification card issued to an
2 applicant who was a member of the armed forces of the United States and
3 (i) received an honorable discharge or was released therefrom under
4 honorable conditions, or (ii) has a qualifying condition, as defined in
5 section one of the veterans' services law, and has received a discharge
6 other than bad conduct or dishonorable from such service, or (iii) is a
7 discharged LGBT veteran, as defined in section one of the veterans'
8 services law, and has received a discharge other than bad conduct or
9 dishonorable from such service, shall, upon his or her request and
10 submission of proof as set forth herein, contain a distinguishing mark,
11 in such form as the commissioner shall determine, indicating that he or
12 she is a veteran. Such proof shall consist of a certificate of release
13 or discharge from active duty including but not limited to a DD Form 214
14 or other proof satisfactory to the commissioner. Provided, further, that
15 every identification card issued to an applicant who has a disability
16 shall, upon the request of such applicant pursuant to the provisions of
17 subparagraph (iv) of paragraph (a) of this subdivision, contain a
18 distinguishing mark, in such form as the commissioner shall determine,
19 which is discreet and represents all types of disabilities, including
20 cognitive, neurological or physical disabilities. The commissioner shall
21 not require fees for the issuance of such identification cards or
22 renewals thereof to persons under twenty-one years of age which are
23 different from the fees required for the issuance of identification
24 cards or renewals thereof to persons twenty-one years of age or over,
25 nor fees to persons requesting a veteran distinguishing mark which are
26 different from fees that would otherwise be required, nor fees to
27 persons requesting a disability distinguishing mark which are different
28 from fees that would otherwise be required. Provided, however, that
29 notwithstanding the provisions of section four hundred ninety-one of
30 this article, the commissioner shall not require any fees for the dupli-
31 cation or amendment of an identification card prior to its renewal if
32 such duplication or amendment was solely for the purpose of adding a
33 veteran distinguishing mark or a disability distinguishing mark to such
34 identification card.
35 § 4. Subdivision 1 of section 502 of the vehicle and traffic law, as
36 separately amended by chapters 158 and 440 of the laws of 2021, is
37 amended to read as follows:
38 1. Application for license. Application for a driver's license shall
39 be made to the commissioner. The fee prescribed by law may be submitted
40 with such application. The applicant shall furnish such proof of identi-
41 ty, age, and fitness as may be required by the commissioner. With
42 respect to a non-commercial driver's license or learner's permit which
43 does not meet federal standards for identification, in addition to the
44 acceptable proofs of age and identity approved by the commissioner as of
45 January first, two thousand nineteen, acceptable proof of identity shall
46 also include, but not be limited to, a valid, unexpired foreign passport
47 issued by the applicant's country of citizenship (which shall also be
48 eligible as proof of age), a valid, unexpired consular identification
49 document issued by a consulate from the applicant's country of citizen-
50 ship, or a valid foreign driver's license that includes a photo image of
51 the applicant and which is unexpired or expired for less than twenty-
52 four months of its date of expiration, as primary forms of such proof.
53 Nothing contained in this subdivision shall be deemed to preclude the
54 commissioner from approving additional proofs of identity and age. The
55 license shall display the sex designation of M, F, or X as certified by
56 the applicant, with no additional documentation required. The applicant
S. 5519 4
1 may amend the sex designation of their driver's license upon request.
2 Upon amendment of the sex designation, the change shall be made consist-
3 ent through all affiliated records within the control of the department.
4 The commissioner may also provide that the application procedure shall
5 include the taking of a photo image or images of the applicant in
6 accordance with rules and regulations prescribed by the commissioner. In
7 addition, the commissioner also shall require that the applicant provide
8 such applicant's social security number or, in lieu thereof, with
9 respect to an application for a non-commercial driver's license or
10 learner's permit which does not meet federal standards for identifica-
11 tion, an affidavit signed by such applicant that they have not been
12 issued a social security number. The commissioner also shall provide
13 space on the application so that the applicant may request a notation
14 upon such license that such applicant is a veteran of the United States
15 armed forces, and space on the application so that the applicant may
16 request a notation upon such license that he or she is a veteran of the
17 United States armed forces, and space on the application so that the
18 applicant may register in the New York state organ and tissue donor
19 registry under section forty-three hundred ten of the public health law
20 with the following stated on the application in clear and conspicuous
21 type:
22 "You must fill out the following section: Would you like to be added
23 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
24 tion'."
25 The commissioner of health shall not maintain records of any person
26 who checks "skip this question". Except where the application is made in
27 person or electronically, failure to check a box shall not impair the
28 validity of an application, and failure to check "yes" or checking "skip
29 this question" shall not be construed to imply a wish not to donate. In
30 the case of an applicant under eighteen years of age, checking "yes"
31 shall not constitute consent to make an anatomical gift or registration
32 in the donate life registry, except as otherwise provided pursuant to
33 the provisions of paragraph (b) of subdivision one of section forty-
34 three hundred one of the public health law. Where an applicant has
35 previously consented to make an anatomical gift or registered in the
36 donate life registry, checking "skip this question" or failing to check
37 a box shall not impair that consent or registration. In addition, the
38 commissioner shall provide space on the application so that the appli-
39 cant may request a notation upon such license that such applicant is a
40 veteran of the United States armed forces. In addition, the commissioner
41 shall provide space on the application so that the applicant may request
42 a notation upon such license that such applicant has a disability. In
43 addition, an applicant for a commercial driver's license who will oper-
44 ate a commercial motor vehicle in interstate commerce shall certify that
45 such applicant meets the requirements to operate a commercial motor
46 vehicle, as set forth in public law 99-570, title XII, and title 49 of
47 the code of federal regulations, and all regulations promulgated by the
48 United States secretary of transportation under the hazardous materials
49 transportation act. In addition, an applicant for a commercial driver's
50 license shall submit a medical certificate at such intervals as required
51 by the federal motor carrier safety improvement act of 1999 and Part
52 383.71(h) of title 49 of the code of federal regulations relating to
53 medical certification and in a manner prescribed by the commissioner.
54 For purposes of this section and sections five hundred three, five
55 hundred ten-a, and five hundred ten-aa of this title, the terms "medical
56 certificate" and "medical certification" shall mean a form substantially
S. 5519 5
1 in compliance with the form set forth in Part 391.43(h) of title 49 of
2 the code of federal regulations. Upon a determination that the holder of
3 a commercial driver's license has made any false statement, with respect
4 to the application for such license, the commissioner shall revoke such
5 license.
6 § 5. Subdivision 1 of section 504 of the vehicle and traffic law is
7 amended by adding a new paragraph (a-2) to read as follows:
8 (a-2) Every license or renewal thereof issued to an applicant who has
9 a disability shall, upon the request of such applicant and submission of
10 verification of such disability as set forth herein, contain a distin-
11 guishing mark, in such form as the commissioner shall determine, which
12 is discreet and represents all types of disabilities, including cogni-
13 tive, neurological or physical disabilities. An applicant requesting a
14 notation of disabled status shall submit either a copy of such appli-
15 cant's social security disability benefit verification letter or a form,
16 to be promulgated by the commissioner in consultation with the commis-
17 sioner of health, commissioner of mental health, the commissioner of the
18 office for people with developmental disabilities and the commissioner
19 of addiction services and supports, verifying that such applicant has a
20 disability, including chronic illness or pain. Such form shall be
21 signed by (i) a licensed physician, including a licensed neurologist or
22 a licensed psychiatrist, (ii) a commissioned medical officer of the
23 armed forces of the United States, (iii) a licensed physician assistant,
24 (iv) a licensed podiatrist, (v) a certified nurse practitioner, (vi) a
25 licensed physical therapist, or (vii) a licensed psychologist. The
26 commissioner shall not require fees for the issuance of such licenses or
27 renewals thereof to persons requesting a disability distinguishing mark
28 which are different from fees otherwise required; provided, however,
29 that notwithstanding the provisions of this section, the commissioner
30 shall not require fees for a duplication or amendment of a license prior
31 to its renewal if such duplication or amendment was solely for the
32 purpose of adding a disability distinguishing mark to such license.
33 § 6. This act shall take effect on the thirtieth day after it shall
34 have become a law; provided, however, that section three of this act
35 shall take effect on the same date and in the same manner as section 97
36 of part PP of chapter 56 of the laws of 2022, takes effect. Effective
37 immediately, the addition, amendment and/or repeal of any rule or regu-
38 lation necessary for the implementation of this act on its effective
39 date are authorized to be made and completed on or before such effective
40 date.
