NY State Senate Bill 2019-S6447

Senate Bill S6447

2019-2020 Legislative Session

Relates to the placement of a discreet disability designation on non-driver identification cards, drivers' licenses and learners' permits and making technical and conforming changes; repealer

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Jun 11, 2019	referred to rules

2019-S6447 (ACTIVE) - Details

See Assembly Version of this Bill:: A8301
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§490, 502 & 504, V & T L; rpld §2, Chap 487 of 2012
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1986, A6086
2023-2024: S5519, A3814

2019-S6447 (ACTIVE) - Summary

Provides for the placement of a discreet disability designation on non-driver identification cards, drivers' licenses and learners' permits and makes technical and conforming changes.

2019-S6447 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6447

SPONSOR: JACKSON
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to the placement of a discreet disability designation on non-
driver identification cards, drivers' licenses and learners' permits and
making technical and conforming changes; and to repeal section 2 of
chapter 487 of the laws of 2012, relating to forms of identification
cards and licenses of veterans

 
PURPOSE:

To allow individuals with disabilities to designate on their drivers'
licenses, driving permits, or non-drivers' licenses a distinguishing,
discrete mark that they have a disability.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (a) of subdivision 3 of section 490 of the
Vehicle and Traffic Law by adding a new subparagraph (iv) that provides
the commissioner of the Department of Motor Vehicles shall include a

space on an application for an identification card that the applicant
has a disability. The applicant requesting a notation of a disability
would either need to submit their social security disability benefit
verification letter or a form, promulgated by the commissioner of the
Department of Motor Vehicles in consultation with the commissioners of
health, mental health, the office for people with developmental disabil-
ities, and alcoholism and substance abuse services, verifying that the
applicant has a disability, which includes chronic illness or pain. Such
form must be signed by a licensed physician, including a licensed
neurologist or a licensed psychiatrist; a commissioned medical officer
of the armed forces of the United States; a licensed physician assist-
ant; a licensed podiatrist; a certified nurse practitioner; a licensed
physical therapist; or a licensed psychologist.

Section 2 amends paragraph (b) of subdivision 3 of section 490 of the
Vehicle and Traffic Law by providing that applicants who have a disabil-
ity shall, upon request of the applicant by providing their social secu-
rity disability benefit verification letter or signed form, receive a
distinguishing, discrete mark on their identification card that repres-
ents all types of disabilities, including cognitive, neurological, or
physical disabilities. The commissioner of the Department of Motor Vehi-
cles shall determine the discrete, distinguishing mark. No fees shall be
required of the applicant for requesting this notation. If an applicant
is requesting a duplicate identification card prior to its renewal for
the sole purpose of receiving a disability distinguishing mark, the
applicant will not incur any fee.

Section 3 amends subdivision 1 of section 502 of the Vehicle and Traffic
Law by providing that the commissioner of the Department of Motor Vehi-
cles shall provide a space on a drivers' license application where an
applicant may request a notation on the license that they are a veteran
of the United States armed forces. The commissioner shall also provide a
space on a drivers' license application where an applicant may request a
notation they have a disability.

Section 4 repeals section 2 of chapter 487 of the laws of 2012.


Section 5 amends subdivision 1 of section 504 of the Vehicle and Traffic
Law by adding paragraph (a-2) that provides that every license or
renewal issued to an applicant who has a disability shall, upon request
of the applicant and submission of verification of such disability,
contain a distinguishing, discreet mark that represents all types of
disabilities, including cognitive, neurological, or physical disabili-
ties. The mark shall be determined by the commissioner of the Department
of Motor Vehicles. The applicant requesting such notation on their
license shall submit either a copy of their social security disability
benefit verification letter or a form, promulgated by the commissioner
of the Department of Motor Vehicles in consultation with the commission-
ers of health, mental health, the office for people with developmental
disabilities, and alcoholism and substance abuse services, verifying
that the applicant has a disability, which includes chronic illness or
pain. Such form must be signed by a licensed physician, including a
licensed neurologist or a licensed psychiatrist; a commissioned medical
officer of the armed forces of the United States; a licensed physician
assistant; a licensed podiatrist; a certified nurse practitioner; a
licensed physical therapist; or a licensed psychologist. No fees shall
be required of the applicant for requesting a disability notation on
their license. If an applicant is requesting a duplicate license prior
to its renewal for the sole purpose of receiving a disability distin-
guishing mark, the applicant will not incur any fee.

Section 6 is the effective date.

 
JUSTIFICATION:

Many people in New York live with invisible disabilities that are
unknown to others. These invisible disabilities may be physical but are
also often mental or neurological that effect their abilities, which are
invisible to an observer. As such, these invisible disabilities can lead
to misconceptions and judgements. However, merely having an invisible
disability does not mean that a person is disabled.  Some people with
invisible disabilities are fully functional in their work and family
lives while others exert more energy and struggle. Identification cards
with a voluntary discrete, distinguishing mark allows individuals to be
made aware that the person has a disability. This way, when a person
with a disability-especially if it is an invisible disability-interacts
with other individuals, the observer can be made aware that the individ-
ual has a disability.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.

2019-S6447 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6447
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 11, 2019
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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  the  place-
   ment of a discreet disability designation on non-driver identification
   cards,  drivers'  licenses  and learners' permits and making technical
   and conforming changes; and to repeal section 2 of chapter 487 of  the
   laws  of  2012, relating to forms of identification cards and licenses
   of veterans
 
   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 ALCOHOLISM AND SUBSTANCE
 ABUSE SERVICES, VERIFYING THAT SUCH APPLICANT HAS A DISABILITY,  INCLUD-
 ING 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13183-02-9

 S. 6447                             2
 
   (G) A LICENSED PSYCHOLOGIST.
   §  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 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
 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. PROVIDED, FURTHER, THAT EVERY IDEN-
 TIFICATION 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 REQUEST-
 ING  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. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
 amended by chapter 465 of the laws of 2012, the third undesignated para-
 graph  as amended by chapter 248 of the laws of 2016, 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. The commis-
 sioner 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  and  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

 S. 6447                             3

 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
 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. Section 2 of chapter 487 of the laws of 2012 is REPEALED.
   §  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

 S. 6447                             4
 
 OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, VERIFYING THAT  SUCH  APPLI-
 CANT  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.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.

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