STATE OF NEW YORK
________________________________________________________________________
213
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
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 his or her 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 he
6 or she has autism spectrum disorder and that the following is typed in
7 clear 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 chapter 490 of the laws of 2019, is amended
15 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01708-01-3
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1 identification card or renewal thereof issued to a person under the age
2 of twenty-one years shall have prominently imprinted thereon the state-
3 ment "UNDER 21 YEARS OF AGE" in notably distinctive print or format.
4 Provided, further, however, that every identification card issued to an
5 applicant who was a member of the armed forces of the United States and
6 (i) received an honorable discharge or was released therefrom under
7 honorable conditions, or (ii) has a qualifying condition, as defined in
8 section three hundred fifty of the executive law, and has received a
9 discharge other than bad conduct or dishonorable from such service, or
10 (iii) is a discharged LGBT veteran, as defined in section three hundred
11 fifty of the executive law, and has received a discharge other than bad
12 conduct or dishonorable from such service, shall, upon his or her
13 request and submission of proof as set forth herein, contain a distin-
14 guishing mark, in such form as the commissioner shall determine, indi-
15 cating that he or she is a veteran. Such proof shall consist of a
16 certificate of release or discharge from active duty including but not
17 limited to a DD Form 214 or other proof satisfactory to the commission-
18 er. The commissioner shall not require fees for the issuance of such
19 identification cards or renewals thereof to persons under twenty-one
20 years of age which are different from the fees required for the issuance
21 of identification cards or renewals thereof to persons twenty-one years
22 of age or over, nor fees to persons requesting a veteran distinguishing
23 mark which are different from fees that would otherwise be required.
24 Provided, however, that notwithstanding the provisions of section four
25 hundred ninety-one of this article, the commissioner shall not require
26 any fees for the duplication or amendment of an identification card
27 prior to its renewal if such duplication or amendment was solely for the
28 purpose of adding a veteran distinguishing mark to such identification
29 card.
30 § 3. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
31 traffic law, as amended by section 97 of part PP of chapter 56 of the
32 laws of 2022, is amended to read as follows:
33 (b) The identification card shall contain a distinguishing number or
34 mark and adequate space upon which an anatomical gift, pursuant to arti-
35 cle forty-three of the public health law, by the holder may be recorded
36 and shall contain such other information and shall be issued in such
37 form as the commissioner shall determine; provided, however, every iden-
38 tification card or renewal thereof issued to a person with autism spec-
39 trum disorder shall contain a distinctive mark; provided, however, every
40 identification card or renewal thereof issued to a person under the age
41 of twenty-one years shall have prominently imprinted thereon the state-
42 ment "UNDER 21 YEARS OF AGE" in notably distinctive print or format.
43 Provided, further, however, that every identification card issued to an
44 applicant who was a member of the armed forces of the United States and
45 (i) received an honorable discharge or was released therefrom under
46 honorable conditions, or (ii) has a qualifying condition, as defined in
47 section one of the veterans' services law, and has received a discharge
48 other than bad conduct or dishonorable from such service, or (iii) is a
49 discharged LGBT veteran, as defined in section one of the veterans'
50 services law, and has received a discharge other than bad conduct or
51 dishonorable from such service, shall, upon his or her request and
52 submission of proof as set forth herein, contain a distinguishing mark,
53 in such form as the commissioner shall determine, indicating that he or
54 she is a veteran. Such proof shall consist of a certificate of release
55 or discharge from active duty including but not limited to a DD Form 214
56 or other proof satisfactory to the commissioner. The commissioner shall
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1 not require fees for the issuance of such identification cards or
2 renewals thereof to persons under twenty-one years of age which are
3 different from the fees required for the issuance of identification
4 cards or renewals thereof to persons twenty-one years of age or over,
5 nor fees to persons requesting a veteran distinguishing mark which are
6 different from fees that would otherwise be required. Provided, however,
7 that notwithstanding the provisions of section four hundred ninety-one
8 of this article, the commissioner shall not require any fees for the
9 duplication or amendment of an identification card prior to its renewal
10 if such duplication or amendment was solely for the purpose of adding a
11 veteran distinguishing mark to such identification card.
12 § 4. Subdivision 1 of section 502 of the vehicle and traffic law is
13 REPEALED and a new subdivision 1 is added to read as follows:
14 1. Application for license. Application for a driver's license shall
15 be made to the commissioner. The fee prescribed by law may be submitted
16 with such application. The applicant shall furnish such proof of identi-
17 ty, age, and fitness as may be required by the commissioner. With
18 respect to a non-commercial driver's license or learner's permit which
19 does not meet federal standards for identification, in addition to the
20 acceptable proofs of age and identity approved by the commissioner as of
21 January first, two thousand twenty-three, acceptable proof of identity
22 shall also include, but not be limited to, a valid, unexpired foreign
23 passport issued by the applicant's country of citizenship (which shall
24 also be eligible as proof of age), a valid, unexpired consular identifi-
25 cation document issued by a consulate from the applicant's country of
26 citizenship, or a valid foreign driver's license that includes a photo
27 image of the applicant and which is unexpired or expired for less than
28 twenty-four months of its date of expiration, as primary forms of such
29 proof. Nothing contained in this subdivision shall be deemed to preclude
30 the commissioner from approving additional proofs of identity and age.
31 The commissioner may also provide that the application procedure shall
32 include the taking of a photo image or images of the applicant in
33 accordance with rules and regulations prescribed by the commissioner. In
34 addition, the commissioner also shall require that the applicant provide
35 his or her social security number or, in lieu thereof, with respect to
36 an application for a non-commercial driver's license or learner's permit
37 which does not meet federal standards for identification, an affidavit
38 signed by such applicant that they have not been issued a social securi-
39 ty number. The commissioner also shall provide space on the application
40 so that the applicant may register in the New York state organ and
41 tissue donor registry under section forty-three hundred ten of the
42 public health law with the following stated on the application in clear
43 and conspicuous type:
44 "You must fill out the following section: Would you like to be added
45 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
46 tion'."
47 The commissioner of health shall not maintain records of any person
48 who checks "skip this question". Except where the application is made in
49 person or electronically, failure to check a box shall not impair the
50 validity of an application, and failure to check "yes" or checking "skip
51 this question" shall not be construed to imply a wish not to donate. In
52 the case of an applicant under eighteen years of age, checking "yes"
53 shall not constitute consent to make an anatomical gift or registration
54 in the donate life registry, except as otherwise provided pursuant to
55 the provisions of paragraph (b) of subdivision one of section forty-
56 three hundred one of the public health law. Where an applicant has
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1 previously consented to make an anatomical gift or registered in the
2 donate life registry, checking "skip this question" or failing to check
3 a box shall not impair that consent or registration. In addition, an
4 applicant for a commercial driver's license who will operate a commer-
5 cial motor vehicle in interstate commerce shall certify that such appli-
6 cant meets the requirements to operate a commercial motor vehicle, as
7 set forth in public law 99-570, title XII, and title 49 of the code of
8 federal regulations, and all regulations promulgated by the United
9 States secretary of transportation under the hazardous materials trans-
10 portation act. In addition, the commissioner shall ensure that space is
11 provided on the application so that the applicant shall indicate a
12 declaration relating to if the applicant is a person with autism spec-
13 trum disorder that the following is typed in clear and conspicuous type:
14 "You must fill out the following section: Are you a person with autism
15 spectrum disorder? Check box for 'yes' or 'skip this question'."
16 The commissioner shall make whatever provisions are feasible and
17 desirable to maintain and issue all suitable documents regarding
18 advanced directives at driver's license examining offices. In addition,
19 an applicant for a commercial driver's license shall submit a medical
20 certificate at such intervals as required by the federal motor carrier
21 safety improvement act of 1999 and Part 383.71(h) of title 49 of the
22 code of federal regulations relating to medical certification and in a
23 manner prescribed by the commissioner. For purposes of this section and
24 sections five hundred three, five hundred ten-a, and five hundred ten-aa
25 of this title, the terms "medical certificate" and "medical certif-
26 ication" shall mean a form substantially in compliance with the form set
27 forth in Part 391.43(h) of title 49 of the code of federal regulations.
28 Upon a determination that the holder of a commercial driver's license
29 has made any false statement, with respect to the application for such
30 license, the commissioner shall revoke such license.
31 § 5. Paragraph (a) of subdivision 1 of section 504 of the vehicle and
32 traffic law, as separately amended by chapters 568 and 639 of the laws
33 of 2006, is amended to read as follows:
34 (a) Every license or renewal thereof shall contain a distinguishing
35 mark and adequate space upon which an anatomical gift, pursuant to
36 section forty-three hundred ten of the public health law, by the licen-
37 see shall be recorded and shall contain such other information and shall
38 be issued in such form as the commissioner shall determine; provided,
39 however, every license or renewal thereof issued to a person under the
40 age of twenty-one years shall have prominently imprinted upon it the
41 statement "UNDER 21 YEARS OF AGE" in notably distinctive print or
42 format; provided further, however, every license or renewal thereof
43 issued to a person making an anatomical gift shall have prominently
44 printed upon the front of such license or renewal thereof the statement
45 "ORGAN DONOR" in notably distinctive print or format; provided that
46 every license or renewal thereof issued to a person who has indicated on
47 an application or renewal that he or she is a person with autism spec-
48 trum disorder shall have imprinted on the front of such license or
49 renewal thereof a distinctive mark which indicates such. The commission-
50 er shall not require fees for the issuance of such licenses or renewals
51 thereof to persons under twenty-one years of age [or], to persons making
52 an anatomical gift or to a person with autism spectrum disorder which
53 are different from the fees required for the issuance of licenses or
54 renewals thereof to persons twenty-one years of age or over [or], to
55 persons not making an anatomical gift or to persons who did not indicate
A. 213 5
1 on an application or renewal that they are a person with autism spectrum
2 disorder.
3 § 6. This act shall take effect immediately; provided, however, that
4 the amendments to paragraph (b) of subdivision 3 of section 490 of the
5 vehicle and traffic law made by section two of this act shall be subject
6 to the expiration and reversion of such paragraph pursuant to section
7 113 of part PP of chapter 56 of the laws of 2022, when upon such date
8 the provisions of section three of this act shall take effect; provided,
9 further, that section four of this act shall take effect on the one
10 hundred eightieth day after it shall have become a law.
