S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3814
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced by M. of A. TAYLOR -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to amend the vehicle and traffic law, in relation to the place-
   ment of a discreet disability designation on non-driver identification
   cards, drivers' licenses and learners' permits  and  making  technical
   and conforming changes

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 3 of section 490 of the  vehi-
 cle and traffic law is amended by adding a new subparagraph (iv) to read
 as follows:
   (IV)  THE  COMMISSIONER  SHALL  PROVIDE SPACE SO THAT AN APPLICANT MAY
 REQUEST A NOTATION UPON SUCH IDENTIFICATION CARD THAT SUCH APPLICANT HAS
 A DISABILITY. AN APPLICANT REQUESTING A  NOTATION  OF  DISABILITY  SHALL
 SUBMIT  EITHER  A  COPY  OF  SUCH APPLICANT'S SOCIAL SECURITY DISABILITY
 BENEFIT VERIFICATION LETTER OR A FORM, TO BE PROMULGATED BY THE  COMMIS-
 SIONER  IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, COMMISSIONER OF
 MENTAL HEALTH, THE COMMISSIONER OF THE OFFICE FOR PEOPLE  WITH  DEVELOP-
 MENTAL  DISABILITIES  AND  THE  COMMISSIONER  OF  ADDICTION SERVICES AND
 SUPPORTS, VERIFYING THAT SUCH  APPLICANT  HAS  A  DISABILITY,  INCLUDING
 CHRONIC ILLNESS OR PAIN. SUCH FORM SHALL BE SIGNED BY:
   (A)  A  LICENSED  PHYSICIAN,  INCLUDING  A  LICENSED  NEUROLOGIST OR A
 LICENSED PSYCHIATRIST;
   (B) A COMMISSIONED MEDICAL OFFICER OF THE ARMED FORCES OF  THE  UNITED
 STATES;
   (C) A LICENSED PHYSICIAN ASSISTANT;
   (D) A LICENSED PODIATRIST;
   (E) A CERTIFIED NURSE PRACTITIONER;
   (F) A LICENSED PHYSICAL THERAPIST; OR
   (G) A LICENSED PSYCHOLOGIST.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07915-01-3
 A. 3814                             2
              

 
   §  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 under the  age  of
 twenty-one  years shall have prominently imprinted thereon the statement
 "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.  PROVIDED,  FURTHER,  THAT  EVERY  IDENTIFICATION  CARD ISSUED TO AN
 APPLICANT WHO HAS A DISABILITY SHALL, UPON THE REQUEST OF SUCH APPLICANT
 PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF THIS
 SUBDIVISION, CONTAIN A DISTINGUISHING MARK, IN SUCH FORM AS THE  COMMIS-
 SIONER  SHALL  DETERMINE,  WHICH IS DISCREET AND REPRESENTS ALL TYPES OF
 DISABILITIES, INCLUDING COGNITIVE, NEUROLOGICAL  OR  PHYSICAL  DISABILI-
 TIES.  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, NOR
 FEES  TO  PERSONS  REQUESTING A DISABILITY 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 OR A DISABILITY 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 under the  age  of
 twenty-one  years shall have prominently imprinted thereon the statement
 "UNDER 21  YEARS  OF  AGE"  in  notably  distinctive  print  or  format.
 A. 3814                             3

 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. PROVIDED, FURTHER, THAT
 EVERY IDENTIFICATION CARD ISSUED TO AN APPLICANT WHO  HAS  A  DISABILITY
 SHALL,  UPON THE REQUEST OF SUCH APPLICANT PURSUANT TO THE PROVISIONS OF
 SUBPARAGRAPH (IV) OF  PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  CONTAIN  A
 DISTINGUISHING  MARK,  IN SUCH FORM AS THE COMMISSIONER SHALL DETERMINE,
 WHICH IS DISCREET AND REPRESENTS ALL TYPES  OF  DISABILITIES,  INCLUDING
 COGNITIVE, NEUROLOGICAL OR PHYSICAL DISABILITIES. 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,  NOR  FEES  TO
 PERSONS  REQUESTING A DISABILITY 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 dupli-
 cation 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 OR A DISABILITY DISTINGUISHING MARK to  such
 identification card.
   §  4.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 separately amended by chapters 158 and 440  of  the  laws  of  2021,  is
 amended 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
 license  shall display the sex designation of M, F, or X as certified by
 the applicant, with no additional documentation required. The  applicant
 A. 3814                             4
 
 may  amend  the  sex designation of their driver's license upon request.
 Upon amendment of the sex designation, the change shall be made consist-
 ent through all affiliated records within the control of the department.
 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
 such  applicant's  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 identifica-
 tion, an affidavit signed by such applicant  that  they  have  not  been
 issued  a  social  security  number. The commissioner also shall provide
 space on the application so that the applicant may  request  a  notation
 upon  such license that such applicant is a veteran of the United States
 armed forces, and space on the application so  that  the  applicant  may
 request  a notation upon such license that he or she is a veteran of the
 United States armed forces, and 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
 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,  THE
 COMMISSIONER  SHALL  PROVIDE SPACE ON THE APPLICATION SO THAT THE APPLI-
 CANT MAY REQUEST A NOTATION UPON SUCH LICENSE THAT SUCH APPLICANT  IS  A
 VETERAN OF THE UNITED STATES ARMED FORCES. IN ADDITION, THE COMMISSIONER
 SHALL PROVIDE SPACE ON THE APPLICATION SO THAT THE APPLICANT MAY REQUEST
 A  NOTATION  UPON  SUCH LICENSE THAT SUCH APPLICANT HAS A DISABILITY. In
 addition, an applicant for a commercial driver's license who will  oper-
 ate a commercial motor vehicle in interstate commerce shall certify that
 such  applicant  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
 transportation  act. 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 certification" shall mean a form substantially
 A. 3814                             5
 
 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. Subdivision 1 of section 504 of the vehicle and  traffic  law  is
 amended by adding a new paragraph (a-2) to read as follows:
   (A-2)  EVERY LICENSE OR RENEWAL THEREOF ISSUED TO AN APPLICANT WHO HAS
 A DISABILITY SHALL, UPON THE REQUEST OF SUCH APPLICANT AND SUBMISSION OF
 VERIFICATION OF SUCH DISABILITY AS SET FORTH HEREIN, CONTAIN  A  DISTIN-
 GUISHING  MARK,  IN SUCH FORM AS THE COMMISSIONER SHALL DETERMINE, WHICH
 IS DISCREET AND REPRESENTS ALL TYPES OF DISABILITIES,  INCLUDING  COGNI-
 TIVE,  NEUROLOGICAL  OR PHYSICAL DISABILITIES. AN APPLICANT REQUESTING A
 NOTATION OF DISABLED STATUS SHALL SUBMIT EITHER A COPY  OF  SUCH  APPLI-
 CANT'S SOCIAL SECURITY DISABILITY BENEFIT VERIFICATION LETTER OR A FORM,
 TO  BE  PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH THE COMMIS-
 SIONER OF HEALTH, COMMISSIONER OF MENTAL HEALTH, THE COMMISSIONER OF THE
 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AND  THE  COMMISSIONER
 OF  ADDICTION SERVICES AND SUPPORTS, VERIFYING THAT SUCH APPLICANT HAS A
 DISABILITY, INCLUDING CHRONIC ILLNESS OR  PAIN.    SUCH  FORM  SHALL  BE
 SIGNED  BY (I) A LICENSED PHYSICIAN, INCLUDING A LICENSED NEUROLOGIST OR
 A LICENSED PSYCHIATRIST, (II) A  COMMISSIONED  MEDICAL  OFFICER  OF  THE
 ARMED FORCES OF THE UNITED STATES, (III) A LICENSED PHYSICIAN ASSISTANT,
 (IV)  A  LICENSED PODIATRIST, (V) A CERTIFIED NURSE PRACTITIONER, (VI) A
 LICENSED PHYSICAL THERAPIST,  OR  (VII)  A  LICENSED  PSYCHOLOGIST.  THE
 COMMISSIONER SHALL NOT REQUIRE FEES FOR THE ISSUANCE OF SUCH LICENSES OR
 RENEWALS  THEREOF TO PERSONS REQUESTING A DISABILITY DISTINGUISHING MARK
 WHICH ARE DIFFERENT FROM FEES  OTHERWISE  REQUIRED;  PROVIDED,  HOWEVER,
 THAT  NOTWITHSTANDING  THE  PROVISIONS OF THIS SECTION, THE COMMISSIONER
 SHALL NOT REQUIRE FEES FOR A DUPLICATION OR AMENDMENT OF A LICENSE PRIOR
 TO ITS RENEWAL IF SUCH DUPLICATION  OR  AMENDMENT  WAS  SOLELY  FOR  THE
 PURPOSE OF ADDING A DISABILITY DISTINGUISHING MARK TO SUCH LICENSE.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided, however, that section  three  of  this  act
 shall  take effect on the same date and in the same manner as section 97
 of part PP of chapter 56 of the laws of 2022,  takes  effect.  Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.