Senate Bill S9539

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9539
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law,  in  relation  to  allowing
   individuals to request a notation on their driver's license indicating
   that they have autism spectrum disorder, or any other medical, mental,
   or behavioral condition that may alter or impair their behavior

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11943-03-4
 S. 9539                             2
 
 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,  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,  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.  IN  ADDITION,  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 PERSON WITH AUTISM
 SPECTRUM DISORDER, OR ANY OTHER MEDICAL, MENTAL, OR BEHAVIORAL CONDITION
 THAT  MAY  ALTER  OR IMPAIR SUCH PERSON'S BEHAVIOR. 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 commis-
 sioner shall revoke such license.
 S. 9539                             3
 
   §  2.  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
 REQUESTED A NOTATION INDICATING THAT SUCH APPLICANT  IS  A  PERSON  WITH
 AUTISM  SPECTRUM  DISORDER,  OR ANY OTHER MEDICAL, MENTAL, OR BEHAVIORAL
 CONDITION THAT MAY ALTER OR IMPAIR SUCH PERSON'S BEHAVIOR,  SHALL,  UPON
 THE  REQUEST OF SUCH APPLICANT AND SUBMISSION OF PROOF AS REQUIRED UNDER
 THIS PARAGRAPH, HAVE IMPRINTED ON THE FRONT OF SUCH LICENSE  OR  RENEWAL
 THEREOF  A  DISTINCTIVE MARK WHICH INDICATES SUCH, IN SUCH A FORM AS THE
 COMMISSIONER SHALL DETERMINE. SUCH PROOF SHALL CONSIST OF  DOCUMENTATION
 FROM  A  PHYSICIAN  LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE OF THE
 EDUCATION LAW OR A MENTAL HEALTH PRACTITIONER LICENSED UNDER ARTICLE ONE
 HUNDRED SIXTY-THREE OF THE EDUCATION LAW, VERIFYING THAT SUCH PERSON HAS
 AUTISM SPECTRUM DISORDER  OR  ANOTHER  MEDICAL,  MENTAL,  OR  BEHAVIORAL
 CONDITION  THAT  MAY ALTER OR IMPAIR SUCH PERSON'S BEHAVIOR. THE COMMIS-
 SIONER SHALL CONSULT WITH THE COMMISSIONER OF HEALTH AND THE COMMISSION-
 ER OF MENTAL HEALTH TO DETERMINE A LIST OF MEDICAL,  MENTAL,  OR  BEHAV-
 IORAL  DISORDERS  AND  CONDITIONS,  THAT  MAY BE INDICATED ON A PERSON'S
 DRIVER'S LICENSE UPON SUCH A REQUEST. THE COMMISSIONER SHALL NOT REQUIRE
 FEES FOR THE ISSUANCE OF SUCH LICENSES OR RENEWALS  THEREOF  TO  PERSONS
 REQUESTING  SUCH  NOTATION  WHICH  ARE DIFFERENT FROM THE FEES OTHERWISE
 REQUIRED FOR THE ISSUANCE OF LICENSES OR RENEWALS THEREOF.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.