A08711 Summary:

BILL NOA08711
 
SAME ASSAME AS S06890
 
SPONSORSayegh
 
COSPNSRD'Urso, Stern, Stirpe, Ortiz, Griffin, Simon, DeStefano, Finch
 
MLTSPNSRTague
 
Amd 490 & 504, rpld & add 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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A08711 Actions:

BILL NOA08711
 
10/23/2019referred to transportation
01/08/2020referred to transportation
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A08711 Committee Votes:

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A08711 Floor Votes:

There are no votes for this bill in this legislative session.
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A08711 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8711
 
SPONSOR: Sayegh
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: Related to including if a person has autism spectrum disorder on his or her driver's license; repealer   SUMMARY OF PROVISIONS: Section 490 of the vehicle and traffic law is amended by adding a new subdivision 2-a to ensure that an applicant has space to indicate if he or she autism spectrum disorder   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): N/A   JUSTIFICATION: According to academic studies, approximately 34 percent of all adults in the United States with autism spectrum disorder have driver's licenses. This legislation would require the Commissioner of the Department of Motor Vehicles to add a distinctive mark upon request indicating that a driver has autism spectrum disorder. This would allow for medical professionals, members of law enforcement, and other members of the community to recognize that individuals with autism spectrum disorder may have an impediment that will keep them from conumnicating efficient- ly with responding medical professionals or members of law enforcement. The option to add the distinctive mark will also be made available to non-license New York State identification cards.   PRIOR LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately
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A08711 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8711
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 23, 2019
                                       ___________
 
        Introduced by M. of A. SAYEGH -- 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 429 of the laws of 2014,  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
    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.
                                                                   LBD13980-01-9

        A. 8711                             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  received  an  honorable discharge or was released therefrom under honor-
     5  able conditions shall, upon his or her request and submission  of  proof
     6  as  set forth herein, contain a distinguishing mark, in such form as the
     7  commissioner shall determine, indicating that he or she  is  a  veteran.
     8  Such  proof  shall consist of a certificate of release or discharge from
     9  active duty including but not limited to a DD Form 214  or  other  proof
    10  satisfactory  to  the  commissioner.  The commissioner shall not require
    11  fees for the issuance of such identification cards or  renewals  thereof
    12  to  persons  under  twenty-one years of age which are different from the
    13  fees required for the issuance of identification cards or renewals ther-
    14  eof to persons twenty-one years of age or  over,  nor  fees  to  persons
    15  requesting  a  veteran distinguishing mark which are different from fees
    16  that would otherwise be required. Provided, however, that  notwithstand-
    17  ing  the  provisions of section four hundred ninety-one of this article,
    18  the commissioner shall not require  any  fees  for  the  duplication  or
    19  amendment  of an identification card prior to its renewal if such dupli-
    20  cation or amendment was solely for  the  purpose  of  adding  a  veteran
    21  distinguishing mark to such identification card.
    22    §  3.  Subdivision  1 of section 502 of the vehicle and traffic law is
    23  REPEALED and a new subdivision 1 is added to read as follows:
    24    1. Application for license. Application for a driver's  license  shall
    25  be  made to the commissioner. The fee prescribed by law may be submitted
    26  with such application. The applicant shall furnish such proof of identi-
    27  ty, age, and fitness as may be  required  by  the  commissioner.    With
    28  respect  to  a non-commercial driver's license or learner's permit which
    29  does not meet federal standards for identification, in addition  to  the
    30  acceptable proofs of age and identity approved by the commissioner as of
    31  January first, two thousand nineteen, acceptable proof of identity shall
    32  also include, but not be limited to, a valid, unexpired foreign passport
    33  issued  by  the  applicant's country of citizenship (which shall also be
    34  eligible as proof of age), a valid,  unexpired  consular  identification
    35  document  issued by a consulate from the applicant's country of citizen-
    36  ship, or a valid foreign driver's license that includes a photo image of
    37  the applicant and which is unexpired or expired for  less  than  twenty-
    38  four  months  of its date of expiration, as primary forms of such proof.
    39  Nothing contained in this subdivision shall be deemed  to  preclude  the
    40  commissioner  from  approving additional proofs of identity and age. The
    41  commissioner may also  provide  that  the  application  procedure  shall
    42  include  the  taking  of  a  photo  image  or images of the applicant in
    43  accordance with rules and regulations prescribed by the commissioner. In
    44  addition, the commissioner also shall require that the applicant provide
    45  his or her social security number or, in lieu thereof, with  respect  to
    46  an application for a non-commercial driver's license or learner's permit
    47  which  does  not meet federal standards for identification, an affidavit
    48  signed by such applicant that they have not been issued a social securi-
    49  ty number. The commissioner also shall provide space on the  application
    50  so  that  the  applicant  may  register  in the New York state organ and
    51  tissue donor registry under  section  forty-three  hundred  ten  of  the
    52  public  health law with the following stated on the application in clear
    53  and conspicuous type:
    54    "You must fill out the following section: Would you like to  be  added
    55  to  the  Donate Life Registry?   Check box for 'yes' or 'skip this ques-
    56  tion'."

        A. 8711                             3
 
     1    The commissioner of health shall not maintain records  of  any  person
     2  who checks "skip this question". Except where the application is made in
     3  person  or  electronically,  failure to check a box shall not impair the
     4  validity of an application, and failure to check "yes" or checking "skip
     5  this  question" shall not be construed to imply a wish not to donate. In
     6  the case of an applicant under eighteen years  of  age,  checking  "yes"
     7  shall  not constitute consent to make an anatomical gift or registration
     8  in the donate life registry, except as otherwise  provided  pursuant  to
     9  the  provisions  of  paragraph  (b) of subdivision one of section forty-
    10  three hundred one of the public  health  law.  Where  an  applicant  has
    11  previously  consented  to  make  an anatomical gift or registered in the
    12  donate life registry, checking "skip this question" or failing to  check
    13  a  box  shall  not  impair that consent or registration. In addition, an
    14  applicant for a commercial driver's license who will operate  a  commer-
    15  cial motor vehicle in interstate commerce shall certify that such appli-
    16  cant  meets  the  requirements to operate a commercial motor vehicle, as
    17  set forth in public law 99-570, title XII, and title 49 of the  code  of
    18  federal  regulations,  and  all  regulations  promulgated  by the United
    19  States secretary of transportation under the hazardous materials  trans-
    20  portation  act. In addition, the commissioner shall ensure that space is
    21  provided on the application so  that  the  applicant  shall  indicate  a
    22  declaration  relating  to if the applicant is a person with autism spec-
    23  trum disorder that the following is typed in clear and conspicuous type:
    24    "You must fill out the following section: Are you a person with autism
    25  spectrum disorder? Check box for 'yes' or 'skip this question'."
    26    The commissioner shall  make  whatever  provisions  are  feasible  and
    27  desirable  to  maintain  and  issue  all  suitable  documents  regarding
    28  advanced directives at driver's license examining offices. In  addition,
    29  an  applicant  for  a commercial driver's license shall submit a medical
    30  certificate at such intervals as required by the federal  motor  carrier
    31  safety  improvement  act  of  1999 and Part 383.71(h) of title 49 of the
    32  code of federal regulations relating to medical certification and  in  a
    33  manner  prescribed by the commissioner. For purposes of this section and
    34  sections five hundred three, five hundred ten-a, and five hundred ten-aa
    35  of this title, the terms  "medical  certificate"  and  "medical  certif-
    36  ication" shall mean a form substantially in compliance with the form set
    37  forth  in Part 391.43(h) of title 49 of the code of federal regulations.
    38  Upon a determination that the holder of a  commercial  driver's  license
    39  has  made  any false statement, with respect to the application for such
    40  license, the commissioner shall revoke such license.
    41    § 4. Paragraph (a) of subdivision 1 of section 504 of the vehicle  and
    42  traffic  law,  as separately amended by chapters 568 and 639 of the laws
    43  of 2006, is amended to read as follows:
    44    (a) Every license or renewal thereof shall  contain  a  distinguishing
    45  mark  and  adequate  space  upon  which  an anatomical gift, pursuant to
    46  section forty-three hundred ten of the public health law, by the  licen-
    47  see shall be recorded and shall contain such other information and shall
    48  be  issued  in  such form as the commissioner shall determine; provided,
    49  however, every license or renewal thereof issued to a person  under  the
    50  age  of  twenty-one  years  shall have prominently imprinted upon it the
    51  statement "UNDER 21 YEARS  OF  AGE"  in  notably  distinctive  print  or
    52  format;  provided  further,  however,  every  license or renewal thereof
    53  issued to a person making an  anatomical  gift  shall  have  prominently
    54  printed  upon the front of such license or renewal thereof the statement
    55  "ORGAN DONOR" in notably distinctive  print  or  format;  provided  that
    56  every license or renewal thereof issued to a person who has indicated on

        A. 8711                             4
 
     1  an  application  or renewal that he or she is a person with autism spec-
     2  trum disorder shall have imprinted on  the  front  of  such  license  or
     3  renewal thereof a distinctive mark which indicates such. The commission-
     4  er  shall not require fees for the issuance of such licenses or renewals
     5  thereof to persons under twenty-one years of age [or], to persons making
     6  an anatomical gift or to a person with autism  spectrum  disorder  which
     7  are  different  from  the  fees required for the issuance of licenses or
     8  renewals thereof to persons twenty-one years of age  or  over  [or],  to
     9  persons not making an anatomical gift or to persons who did not indicate
    10  on an application or renewal that they are a person with autism spectrum
    11  disorder.
    12    §  5.  This act shall take effect immediately; provided, however, that
    13  section three of this act shall take effect on the one hundred eightieth
    14  day after it shall have become a law.
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A08711 LFIN:

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A08711 Chamber Video/Transcript:

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