NY State Senate Bill 2021-S3881

Senate Bill S3881

2021-2022 Legislative Session

Designates a health condition or disability that may impede communication on a vehicle registration

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Feb 01, 2021	referred to transportation

2021-S3881 (ACTIVE) - Details

See Assembly Version of this Bill:: A4520
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §401, V & T L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7561, A8691
2023-2024: S6485, S9506
2025-2026: S3288

2021-S3881 (ACTIVE) - Summary

Provides for an applicant to voluntarily indicate that such applicant has a health condition or disability that may impede effective communication with a law enforcement officer when registering a motor vehicle, and that such information shall be provided to a law enforcement officer who makes a traffic stop of such vehicle.

2021-S3881 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3881

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to designating
a health condition or disability that may impede communication on a
vehicle registration

 
PURPOSE:

The purpose of this bill is to establish an optional program with the
DMV that allows drivers to submit medical records with their vehicle
registration to indicate that they have an impairment that may affect
their ability to communicate in the event of a traffic stop. Allowing
police to have prior knowledge of potential communication impediments
will decrease the likelihood that interactions will escalate into a
violent situation and/or arrest.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 of section 401 of the vehicle and traffic
law by directing the commissioner of the DMV to provide space on regis-
tration forms to indicate that an applicant has a health condition or
disability that may impede ability to communicate.  Verification can be
submitted in written form from a licensed physician or mental health
professional depending on the condition.  The commissioner shall also
establish a system to make this information available to a law enforce-
ment officer who stops a vehicle. Information submitted to the DMV shall
remain confidential and is only for the department's use.

Section 2 establishes the effective date on the ninetieth day after
becoming law.

 
JUSTIFICATION:

Allowing the option to provide relevant health information that may
affect one's ability to communicate during a traffic stop can only
improve outcomes of those traffic stops. While many may become anxious
during a traffic stop, those with mental disabilities may struggle with
communication or react in a way that law enforcement officers may not
expect. While having impairment should not permit anyone to break the
law, supplying this information may improve an officer's ability to
deescalate a situation and lead to better outcomes for everyone
involved.

 
LEGISLATIVE HISTORY:

2019-2020: S.7561 - Died in Rules Transportation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
90 days after becoming law.

2021-S3881 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3881
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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  designating
   a  health  condition  or disability that may impede communication on a
   vehicle registration

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 401 of the vehicle and traffic law
 is amended by adding a new paragraph c to read as follows:
   C.  (A)  THE  COMMISSIONER  SHALL  PROVIDE  SPACE  ON EACH APPLICATION
 SUBMITTED PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION FOR THE  APPLICANT
 TO  VOLUNTARILY  INDICATE  THAT SUCH APPLICANT HAS A HEALTH CONDITION OR
 DISABILITY THAT MAY IMPEDE EFFECTIVE COMMUNICATION WITH A  LAW  ENFORCE-
 MENT  OFFICER. THE DEPARTMENT MAY REQUEST VERIFICATION FROM A PERSON WHO
 MAKES AN INDICATION UNDER THIS PARAGRAPH IN THE FORM OF:
   (I) FOR A PHYSICAL  HEALTH  CONDITION,  A  WRITTEN  STATEMENT  FROM  A
 LICENSED PHYSICIAN; OR
   (II)  FOR  A  MENTAL  HEALTH  CONDITION,  A  WRITTEN  STATEMENT FROM A
 LICENSED PHYSICIAN OR A LICENSED PSYCHOLOGIST.
   (B) THE COMMISSIONER SHALL ESTABLISH  A  SYSTEM  TO  MAKE  INFORMATION
 RECEIVED  PURSUANT  TO  SUBPARAGRAPH  (A) OF THIS PARAGRAPH AVAILABLE TO
 ALERT A LAW ENFORCEMENT OFFICER WHO MAKES A TRAFFIC STOP THAT THE OPERA-
 TOR OF THE STOPPED VEHICLE MAY HAVE A  HEALTH  CONDITION  OR  DISABILITY
 THAT MAY IMPEDE EFFECTIVE COMMUNICATION.
   (C) EXCEPT AS PROVIDED BY SUBPARAGRAPH (B) OF THIS PARAGRAPH, INFORMA-
 TION SUPPLIED TO THE DEPARTMENT RELATING TO AN APPLICANT'S HEALTH CONDI-
 TION  OR  DISABILITY  IS  FOR THE CONFIDENTIAL USE OF THE DEPARTMENT AND
 SHALL NOT BE DISCLOSED TO ANY PERSON.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05683-01-1

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