S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6086
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 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  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

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

                                                            LBD02310-02-1

 A. 6086                             2
 
   (G) A LICENSED PSYCHOLOGIST.
   §  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.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 amended by chapter 487 of the laws of 2012, is REPEALED.
   § 4. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
 amended  by  chapter  37  of  the  laws  of  2019, 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

 A. 6086                             3
 
 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'."
   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

 A. 6086                             4
 
 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.
   §  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.    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.