S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6890
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             December 6, 2019
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 6890                             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'."

 S. 6890                             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

 S. 6890                             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.