S T A T E O F N E W Y O R K
________________________________________________________________________
8301
2019-2020 Regular Sessions
I N A S S E M B L Y
June 13, 2019
___________
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; 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
A. 8301 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
A. 8301 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
A. 8301 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.