S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    213
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (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:
 
   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 490 of the laws of 2019,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01708-01-3
 A. 213                              2
 
 identification  card or renewal thereof issued to a person under the age
 of twenty-one years shall have prominently imprinted thereon the  state-
 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
 (i)  received  an  honorable  discharge  or was released therefrom under
 honorable conditions, or (ii) has a qualifying condition, as defined  in
 section  three  hundred  fifty  of the executive law, and has received a
 discharge other than bad conduct or dishonorable from such  service,  or
 (iii)  is a discharged LGBT veteran, as defined in section three hundred
 fifty of the executive law, and has received a discharge other than  bad
 conduct  or  dishonorable  from  such  service,  shall,  upon his or her
 request and submission of proof as set forth herein, contain  a  distin-
 guishing  mark,  in such form as the commissioner shall determine, indi-
 cating 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  commission-
 er.  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 thereof 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 notwithstanding 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 duplication or amendment was solely for the
 purpose  of  adding a veteran distinguishing mark to such identification
 card.
   § 3.  Paragraph (b) of subdivision 3 of section 490 of the vehicle and
 traffic law, as amended by section 97 of part PP of chapter  56  of  the
 laws of 2022, 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-
 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
 (i) received an honorable discharge  or  was  released  therefrom  under
 honorable  conditions, or (ii) has a qualifying condition, as defined in
 section one of the veterans' services law, and has received a  discharge
 other  than bad conduct or dishonorable from such service, or (iii) is a
 discharged LGBT veteran, as defined in  section  one  of  the  veterans'
 services  law,  and  has  received a discharge other than bad conduct or
 dishonorable from such service, 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
 A. 213                              3
 
 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  thereof 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  notwithstanding  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 duplication or amendment was solely for the purpose of adding  a
 veteran distinguishing mark to such identification card.
   §  4.  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 TWENTY-THREE, 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 IDENTIFI-
 CATION DOCUMENT ISSUED BY A CONSULATE FROM THE  APPLICANT'S  COUNTRY  OF
 CITIZENSHIP,  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'."
   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
 A. 213                              4
 
 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.
   §  5. 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
 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
 A. 213                              5

 ON AN APPLICATION OR RENEWAL THAT THEY ARE A PERSON WITH AUTISM SPECTRUM
 DISORDER.
   §  6.  This act shall take effect immediately; provided, however, that
 the amendments to paragraph (b) of subdivision 3 of section 490  of  the
 vehicle and traffic law made by section two of this act shall be subject
 to  the  expiration  and reversion of such paragraph pursuant to section
 113 of part PP of chapter 56 of the laws of 2022, when  upon  such  date
 the provisions of section three of this act shall take effect; provided,
 further,  that  section  four  of  this act shall take effect on the one
 hundred eightieth day after it shall have become a law.