S T A T E O F N E W Y O R K
________________________________________________________________________
8711
2019-2020 Regular Sessions
I N A S S E M B L Y
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:
Section 1. Section 490 of the vehicle and traffic law is amended by
adding a new subdivision 2-a to read as follows:
2-A. AUTISM SPECTRUM DISORDER. IN ADDITION TO THE PROVISIONS OF SUBDI-
VISION TWO OF THIS SECTION, THE COMMISSIONER SHALL ENSURE THAT SPACE IS
PROVIDED ON THE APPLICATION SO THAT THE APPLICANT SHALL INDICATE IF HE
OR SHE HAS AUTISM SPECTRUM DISORDER AND THAT THE FOLLOWING IS TYPED IN
CLEAR AND CONSPICUOUS TYPE:
"YOU MUST FILL OUT THE FOLLOWING SECTION: ARE YOU A PERSON WITH AUTISM
SPECTRUM DISORDER? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'."
THE COMMISSIONER SHALL MAKE WHATEVER PROVISIONS ARE FEASIBLE AND
DESIRABLE TO MAINTAIN AND ISSUE ALL SUITABLE DOCUMENTS REGARDING
ADVANCED DIRECTIVES AT DRIVER'S LICENSE EXAMINING OFFICES.
§ 2. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
traffic law, as amended by chapter 429 of the laws of 2014, is amended
to read as follows:
(b) The identification card shall contain a distinguishing number or
mark and adequate space upon which an anatomical gift, pursuant to arti-
cle forty-three of the public health law, by the holder may be recorded
and shall contain such other information and shall be issued in such
form as the commissioner shall determine; PROVIDED, HOWEVER, EVERY IDEN-
TIFICATION CARD OR RENEWAL THEREOF ISSUED TO A PERSON WITH AUTISM SPEC-
TRUM DISORDER SHALL CONTAIN A DISTINCTIVE MARK; provided, however, every
identification card or renewal thereof issued to a person under the age
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
ment "UNDER 21 YEARS OF AGE" in notably distinctive print or format.
Provided, further, however, that every identification card issued to an
applicant who was a member of the armed forces of the United States and
received an honorable discharge or was released therefrom under honor-
able conditions shall, upon his or her request and submission of proof
as set forth herein, contain a distinguishing mark, in such form as the
commissioner shall determine, indicating that he or she is a veteran.
Such proof shall consist of a certificate of release or discharge from
active duty including but not limited to a DD Form 214 or other proof
satisfactory to the commissioner. The commissioner shall not require
fees for the issuance of such identification cards or renewals thereof
to persons under twenty-one years of age which are different from the
fees required for the issuance of identification cards or renewals ther-
eof to persons twenty-one years of age or over, nor fees to persons
requesting a veteran distinguishing mark which are different from fees
that would otherwise be required. Provided, however, that notwithstand-
ing the provisions of section four hundred ninety-one of this article,
the commissioner shall not require any fees for the duplication or
amendment of an identification card prior to its renewal if such dupli-
cation or amendment was solely for the purpose of adding a veteran
distinguishing mark to such identification card.
§ 3. Subdivision 1 of section 502 of the vehicle and traffic law is
REPEALED and a new subdivision 1 is added to read as follows:
1. APPLICATION FOR LICENSE. APPLICATION FOR A DRIVER'S LICENSE SHALL
BE MADE TO THE COMMISSIONER. THE FEE PRESCRIBED BY LAW MAY BE SUBMITTED
WITH SUCH APPLICATION. THE APPLICANT SHALL FURNISH SUCH PROOF OF IDENTI-
TY, AGE, AND FITNESS AS MAY BE REQUIRED BY THE COMMISSIONER. WITH
RESPECT TO A NON-COMMERCIAL DRIVER'S LICENSE OR LEARNER'S PERMIT WHICH
DOES NOT MEET FEDERAL STANDARDS FOR IDENTIFICATION, IN ADDITION TO THE
ACCEPTABLE PROOFS OF AGE AND IDENTITY APPROVED BY THE COMMISSIONER AS OF
JANUARY FIRST, TWO THOUSAND NINETEEN, ACCEPTABLE PROOF OF IDENTITY SHALL
ALSO INCLUDE, BUT NOT BE LIMITED TO, A VALID, UNEXPIRED FOREIGN PASSPORT
ISSUED BY THE APPLICANT'S COUNTRY OF CITIZENSHIP (WHICH SHALL ALSO BE
ELIGIBLE AS PROOF OF AGE), A VALID, UNEXPIRED CONSULAR IDENTIFICATION
DOCUMENT ISSUED BY A CONSULATE FROM THE APPLICANT'S COUNTRY OF CITIZEN-
SHIP, OR A VALID FOREIGN DRIVER'S LICENSE THAT INCLUDES A PHOTO IMAGE OF
THE APPLICANT AND WHICH IS UNEXPIRED OR EXPIRED FOR LESS THAN TWENTY-
FOUR MONTHS OF ITS DATE OF EXPIRATION, AS PRIMARY FORMS OF SUCH PROOF.
NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO PRECLUDE THE
COMMISSIONER FROM APPROVING ADDITIONAL PROOFS OF IDENTITY AND AGE. THE
COMMISSIONER MAY ALSO PROVIDE THAT THE APPLICATION PROCEDURE SHALL
INCLUDE THE TAKING OF A PHOTO IMAGE OR IMAGES OF THE APPLICANT IN
ACCORDANCE WITH RULES AND REGULATIONS PRESCRIBED BY THE COMMISSIONER. IN
ADDITION, THE COMMISSIONER ALSO SHALL REQUIRE THAT THE APPLICANT PROVIDE
HIS OR HER SOCIAL SECURITY NUMBER OR, IN LIEU THEREOF, WITH RESPECT TO
AN APPLICATION FOR A NON-COMMERCIAL DRIVER'S LICENSE OR LEARNER'S PERMIT
WHICH DOES NOT MEET FEDERAL STANDARDS FOR IDENTIFICATION, AN AFFIDAVIT
SIGNED BY SUCH APPLICANT THAT THEY HAVE NOT BEEN ISSUED A SOCIAL SECURI-
TY NUMBER. THE COMMISSIONER ALSO SHALL PROVIDE SPACE ON THE APPLICATION
SO THAT THE APPLICANT MAY REGISTER IN THE NEW YORK STATE ORGAN AND
TISSUE DONOR REGISTRY UNDER SECTION FORTY-THREE HUNDRED TEN OF THE
PUBLIC HEALTH LAW WITH THE FOLLOWING STATED ON THE APPLICATION IN CLEAR
AND CONSPICUOUS TYPE:
"YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED
TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUES-
TION'."
A. 8711 3
THE COMMISSIONER OF HEALTH SHALL NOT MAINTAIN RECORDS OF ANY PERSON
WHO CHECKS "SKIP THIS QUESTION". EXCEPT WHERE THE APPLICATION IS MADE IN
PERSON OR ELECTRONICALLY, FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE
VALIDITY OF AN APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "SKIP
THIS QUESTION" SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN
THE CASE OF AN APPLICANT UNDER EIGHTEEN YEARS OF AGE, CHECKING "YES"
SHALL NOT CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT OR REGISTRATION
IN THE DONATE LIFE REGISTRY, EXCEPT AS OTHERWISE PROVIDED PURSUANT TO
THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FORTY-
THREE HUNDRED ONE OF THE PUBLIC HEALTH LAW. WHERE AN APPLICANT HAS
PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGISTERED IN THE
DONATE LIFE REGISTRY, CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK
A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION. IN ADDITION, AN
APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE WHO WILL OPERATE A COMMER-
CIAL MOTOR VEHICLE IN INTERSTATE COMMERCE SHALL CERTIFY THAT SUCH APPLI-
CANT MEETS THE REQUIREMENTS TO OPERATE A COMMERCIAL MOTOR VEHICLE, AS
SET FORTH IN PUBLIC LAW 99-570, TITLE XII, AND TITLE 49 OF THE CODE OF
FEDERAL REGULATIONS, AND ALL REGULATIONS PROMULGATED BY THE UNITED
STATES SECRETARY OF TRANSPORTATION UNDER THE HAZARDOUS MATERIALS TRANS-
PORTATION ACT. IN ADDITION, THE COMMISSIONER SHALL ENSURE THAT SPACE IS
PROVIDED ON THE APPLICATION SO THAT THE APPLICANT SHALL INDICATE A
DECLARATION RELATING TO IF THE APPLICANT IS A PERSON WITH AUTISM SPEC-
TRUM DISORDER THAT THE FOLLOWING IS TYPED IN CLEAR AND CONSPICUOUS TYPE:
"YOU MUST FILL OUT THE FOLLOWING SECTION: ARE YOU A PERSON WITH AUTISM
SPECTRUM DISORDER? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'."
THE COMMISSIONER SHALL MAKE WHATEVER PROVISIONS ARE FEASIBLE AND
DESIRABLE TO MAINTAIN AND ISSUE ALL SUITABLE DOCUMENTS REGARDING
ADVANCED DIRECTIVES AT DRIVER'S LICENSE EXAMINING OFFICES. IN ADDITION,
AN APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE SHALL SUBMIT A MEDICAL
CERTIFICATE AT SUCH INTERVALS AS REQUIRED BY THE FEDERAL MOTOR CARRIER
SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF TITLE 49 OF THE
CODE OF FEDERAL REGULATIONS RELATING TO MEDICAL CERTIFICATION AND IN A
MANNER PRESCRIBED BY THE COMMISSIONER. FOR PURPOSES OF THIS SECTION AND
SECTIONS FIVE HUNDRED THREE, FIVE HUNDRED TEN-A, AND FIVE HUNDRED TEN-AA
OF THIS TITLE, THE TERMS "MEDICAL CERTIFICATE" AND "MEDICAL CERTIF-
ICATION" SHALL MEAN A FORM SUBSTANTIALLY IN COMPLIANCE WITH THE FORM SET
FORTH IN PART 391.43(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS.
UPON A DETERMINATION THAT THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE
HAS MADE ANY FALSE STATEMENT, WITH RESPECT TO THE APPLICATION FOR SUCH
LICENSE, THE COMMISSIONER SHALL REVOKE SUCH LICENSE.
§ 4. Paragraph (a) of subdivision 1 of section 504 of the vehicle and
traffic law, as separately amended by chapters 568 and 639 of the laws
of 2006, is amended to read as follows:
(a) Every license or renewal thereof shall contain a distinguishing
mark and adequate space upon which an anatomical gift, pursuant to
section forty-three hundred ten of the public health law, by the licen-
see shall be recorded and shall contain such other information and shall
be issued in such form as the commissioner shall determine; provided,
however, every license or renewal thereof issued to a person under the
age of twenty-one years shall have prominently imprinted upon it the
statement "UNDER 21 YEARS OF AGE" in notably distinctive print or
format; provided further, however, every license or renewal thereof
issued to a person making an anatomical gift shall have prominently
printed upon the front of such license or renewal thereof the statement
"ORGAN DONOR" in notably distinctive print or format; PROVIDED THAT
EVERY LICENSE OR RENEWAL THEREOF ISSUED TO A PERSON WHO HAS INDICATED ON
A. 8711 4
AN APPLICATION OR RENEWAL THAT HE OR SHE IS A PERSON WITH AUTISM SPEC-
TRUM DISORDER SHALL HAVE IMPRINTED ON THE FRONT OF SUCH LICENSE OR
RENEWAL THEREOF A DISTINCTIVE MARK WHICH INDICATES SUCH. The commission-
er shall not require fees for the issuance of such licenses or renewals
thereof to persons under twenty-one years of age [or], to persons making
an anatomical gift OR TO A PERSON WITH AUTISM SPECTRUM DISORDER which
are different from the fees required for the issuance of licenses or
renewals thereof to persons twenty-one years of age or over [or], to
persons not making an anatomical gift OR TO PERSONS WHO DID NOT INDICATE
ON AN APPLICATION OR RENEWAL THAT THEY ARE A PERSON WITH AUTISM SPECTRUM
DISORDER.
§ 5. This act shall take effect immediately; provided, however, that
section three of this act shall take effect on the one hundred eightieth
day after it shall have become a law.