NY State Senate Bill 2025-S6396A

Current 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 19, 2025	print number 6396a
Nov 19, 2025	amend (t) and recommit to transportation
Mar 13, 2025	referred to transportation

Bill Amendments

Original

A (Active)

2025-S6396 - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§490, 502 & 504, V & T L; amd §840, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6447
2021-2022: S1986
2023-2024: S5519

2025-S6396 - Summary

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

2025-S6396 - Sponsor Memo

                                 
BILL NUMBER: S6396

SPONSOR: JACKSON
 
TITLE OF BILL:

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

 
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 paragraph (b) of subdivision 3 of section 490 of the
Vehicle and Traffic Law to provide that every identification card, at
the request of the applicant, shall contain a distinguishing mark that
is discreet and represents all types of disabilities, including cogni-
tive, neurological, or physical disabilities.

Section 4 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 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 practi tioner; 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 affect 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:

2023-2024: S.5519 - Referred to Transportation/A.3814 - Referred to
Transportation

2021-2022: S.1986 - Referred to Transportation

2019-2020: S.6447 Referred to Transportation/A.8301 - Referred to Trans-
portation

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law; provided, however, that section three of this act shall
take effect on the same date and in the same manner as section 97 of
part PP of chapter 56 of the laws of 2022, takes effect. Effective imme-
diately, 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.

2025-S6396 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6396
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2025
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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  the  place-
   ment of a discreet disability designation on non-driver identification
   cards,  drivers'  licenses  and learners' permits and making technical
   and conforming changes
 
   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
   (G) A LICENSED PSYCHOLOGIST.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00445-01-5
 S. 6396                             2

 
   § 2. Paragraph (b) of subdivision 3 of section 490 of the vehicle  and
 traffic  law,  as  amended by section 97 of part PP of chapter 56 of the
 laws of 2022, 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  one of the veterans' services 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 one of the veterans'
 services law, and has received a discharge other  than  bad  conduct  or
 dishonorable  from  such  service,  shall, upon [his or her] SUCH APPLI-
 CANT'S 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] SUCH APPLICANT  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 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 PARA-
 GRAPH (A) OF THIS SUBDIVISION, CONTAIN A DISTINGUISHING  MARK,  IN  SUCH
 FORM  AS THE COMMISSIONER SHALL DETERMINE, WHICH IS DISCREET AND REPRES-
 ENTS 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 veter-
 an distinguishing mark which are different from fees that  would  other-
 wise  be  required,  NOR FEES TO PERSONS REQUESTING A DISABILITY DISTIN-
 GUISHING 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 identifica-
 tion 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
 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
 S. 6396                             3
 
 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
 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] SUCH APPLICANT is
 a veteran of the United States armed forces, and space on  the  applica-
 tion  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
 S. 6396                             4
 
 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. 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.
   §  5.  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.

2025-S6396A (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§490, 502 & 504, V & T L; amd §840, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6447
2021-2022: S1986
2023-2024: S5519

2025-S6396A (ACTIVE) - Summary

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

2025-S6396A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6396A

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the vehicle and traffic law and the executive law, in
relation to the placement of a discreet nonapparent disability desig-
nation on non-driver identification cards, drivers' licenses and lear-
ners' permits and making technical and conforming changes

 
PURPOSE:

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

SUMMARY OF PROVISIONS:

Section 1 is the title of the legislation, "Eric's ID Law."

Section 2 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 nonapparent disability. The applicant requesting a notation of a
disability shall not be required to provide proof of such nonapparent
disability. The commissioner shall also provide a method for the indi-
vidual to request removal of the notation from their identification
card. The department shall be prohibited from using the designation for
any evaluation of fitness-to-drive or disclosing any information related
to an applicant's nonapparent disability to any insurer, insurance
producer, or the department of financial services.

Section 3 amends paragraph (b) of subdivision 3 of Section 490 of the
Vehicle and Traffic Law by providing that applicants who have a nonap-
parent disability shall, upon request of the applicant, receive a
distinguishing mark, in the form of a butterfly, on their identification
card that represents all types of nonapparent disabilities. 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 4 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 nonapparent disability.

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 nonapparent disability shall,
upon request of the applicant, contain a distinguishing mark, in such
form of a butterfly, that represents all types of nonapparent disabili-
ties.


Section 6 amends subdivision 1 of Section 840 of the executive law by
adding a new paragraph (n) that establishes and implements a training
program for all current and new police officers and peace officers
regarding how to interact with individuals with a nonapparent disability
notation on their drivers' license or identification card.

Section 7 is the effective date.

 
JUSTIFICATION:

Many New Yorkers live with nonapparent disabilities, conditions that may
not be obvious to others, such as anxiety disorders, autism spectrum
differences, PTSD, or other neurological and developmental challenges.
These disabilities can affect an individual's communication, behavior,
or processing under stress, yet often go completely unrecognized by
others.

When a disability is invisible, the risk of misunderstanding, miscommu-
nication, or escalation increases. By offering an optional, discreet
symbol on a state-issued ID card, individuals can give others, especial-
ly law enforcement, first responders, and service providers, a voluntary
cue that they may need slightly different engagement.

Eric's ID Law is named after a Maryland advocate who developed this idea
and successfully pushed for the passage of a similar bill in that state,
where it is now law. The bill uses a butterfly symbol, Maryland's chosen
icon, which is increasingly recognized as a symbol for nonapparent disa-
bilities.

This tool is voluntary, privacy-protecting, and empowering. It allows
people to signal their needs on their own terms without requiring inva-
sive documentation or creating stigma. This legislation enhances public
safety, strengthens dignity and independence for New Yorkers with nonap-
parent disabilities, and fills a critical gap in how our state identi-
fies and supports disability accommodations in real-time interactions.

 
LEGISLATIVE HISTORY:

2025: 5.6396 - Referred to Transportation/A.1549 - Referred to Transpor-
tation

2023-2024: 5.5519 - Referred to Transportation/A.3814 - Referred to
Transportation

2021-2022: S.1986 - Referred to Transportation

2019-2020: S.6447 Referred to Transportation/A.8301 - Referred to Trans-
portation

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2025-S6396A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6396--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2025
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the vehicle and traffic law and the  executive  law,  in
   relation  to the placement of a discreet nonapparent disability desig-
   nation on non-driver identification cards, drivers' licenses and lear-
   ners' permits and making technical and conforming changes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 "Eric's ID Law".
   § 2. Paragraph (a) of subdivision 3 of section 490 of the vehicle  and
 traffic  law  is  amended  by  adding a new subparagraph (iv) to read as
 follows:
   (IV) (A) THE COMMISSIONER SHALL PROVIDE SPACE SO THAT AN APPLICANT MAY
 REQUEST A NOTATION UPON SUCH IDENTIFICATION CARD THAT SUCH APPLICANT HAS
 A NONAPPARENT DISABILITY. AN APPLICANT REQUESTING A NOTATION  OF  NONAP-
 PARENT  DISABILITY SHALL NOT BE REQUIRED TO PROVIDE PROOF OF SUCH NONAP-
 PARENT DISABILITY.
   (B) THE COMMISSIONER SHALL PROVIDE A METHOD FOR AN INDIVIDUAL WHO  HAS
 PREVIOUSLY  REQUESTED A NOTATION FOR A NONAPPARENT DISABILITY TO REQUEST
 THE REMOVAL OF A NONAPPARENT DISABILITY NOTATION FROM THEIR  IDENTIFICA-
 TION  CARD.  IN  ADDITION  TO  ISSUING A NEW IDENTIFICATION CARD TO SUCH
 REQUESTING INDIVIDUAL WITH THE NONAPPARENT DISABILITY NOTATION  REMOVED,
 THE  DEPARTMENT SHALL DELETE ALL RECORDS PERTAINING TO SUCH INDIVIDUAL'S
 NONAPPARENT DISABILITY NOTATION.
   (C) (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,
 THE  DEPARTMENT  SHALL NOT DISCLOSE ANY INFORMATION RELATED TO AN APPLI-
 CANT'S VOLUNTARY NONAPPARENT  DISABILITY  DESIGNATION  TO  ANY  INSURER,
 INSURANCE  PRODUCER,  OR  TO  THE  DEPARTMENT  OF FINANCIAL SERVICES FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00445-04-5

 S. 6396--A                          2
 
 UNDERWRITING, RATING, RISK CLASSIFICATION, PREMIUM  CALCULATION,  CLAIMS
 ASSESSMENT, OR ANY INSURANCE RELATED PURPOSE.
   (2) THE DEPARTMENT SHALL NOT USE, AND SHALL NOT PERMIT THE USE OF, THE
 VOLUNTARY  NONAPPARENT  DISABILITY DESIGNATION AS THE BASIS FOR REFERRAL
 TO THE MEDICAL  REVIEW  UNIT  OR  FOR  ANY  FITNESS-TO-DRIVE  EVALUATION
 AUTHORIZED UNDER THIS CHAPTER.
   (D)  AS  USED  IN THIS SECTION, "NONAPPARENT DISABILITY" SHALL INCLUDE
 ALL INTELLECTUAL AND DEVELOPMENTAL DISABILITIES.
   § 3. Paragraph (b) of subdivision 3 of section 490 of the vehicle  and
 traffic  law,  as  amended by section 97 of part PP of chapter 56 of the
 laws of 2022, 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 one of the veterans' services 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  one  of  the  veterans'
 services  law,  and  has  received a discharge other than bad conduct or
 dishonorable from such service, shall, upon [his  or  her]  SUCH  APPLI-
 CANT'S  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]  SUCH APPLICANT 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  IDENTIFICATION  CARD
 ISSUED  TO AN APPLICANT WHO HAS A NONAPPARENT 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 THE FORM OF A BUTTERFLY, WHICH IS DISCREET AND  REPRESENTS  ALL
 TYPES  OF  NONAPPARENT  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 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,  NOR  FEES  TO  PERSONS  REQUESTING  A
 NONAPPARENT DISABILITY 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 OR ADDING OR  REMOVING  A    NONAPPARENT  DISABILITY
 DISTINGUISHING MARK to such identification card.
   §  4.  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:
 S. 6396--A                          3
 
   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
 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] SUCH APPLICANT is
 a veteran of the United States armed forces, and space on  the  applica-
 tion  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
 S. 6396--A                          4
 
 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 NONAPPARENT DISA-
 BILITY.  In addition, an applicant for a commercial driver's license who
 will operate a commercial motor vehicle  in  interstate  commerce  shall
 certify  that such applicant meets the requirements to operate a commer-
 cial motor vehicle, as set forth in public law 99-570,  title  XII,  and
 title 49 of the code of federal regulations, and all regulations promul-
 gated by the United States secretary of transportation under the hazard-
 ous  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  regu-
 lations  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 deter-
 mination 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)  (I) EVERY LICENSE OR RENEWAL THEREOF ISSUED TO AN APPLICANT WHO
 HAS A NONAPPARENT DISABILITY SHALL, UPON THE REQUEST OF SUCH  APPLICANT,
 CONTAIN  A  DISTINGUISHING  MARK,  IN SUCH FORM OF A BUTTERFLY, WHICH IS
 DISCREET AND REPRESENTS ALL  TYPES  OF  NONAPPARENT  DISABILITIES.    AN
 APPLICANT REQUESTING A NOTATION OF DISABLED STATUS SHALL NOT BE REQUIRED
 TO PROVIDE PROOF OF SUCH NONAPPARENT DISABILITY.
   (II) THE COMMISSIONER SHALL PROVIDE A METHOD FOR AN INDIVIDUAL WHO HAS
 PREVIOUSLY  REQUESTED A NOTATION FOR A NONAPPARENT DISABILITY TO REQUEST
 THE REMOVAL OF A NONAPPARENT DISABILITY NOTATION FROM THEIR LICENSE.  IN
 ADDITION TO ISSUING A NEW LICENSE TO SUCH REQUESTING INDIVIDUAL WITH THE
 NONAPPARENT DISABILITY NOTATION REMOVED, THE DEPARTMENT SHALL DELETE ALL
 RECORDS PERTAINING TO SUCH INDIVIDUAL'S NONAPPARENT DISABILITY NOTATION.
   (III)  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
 THE DEPARTMENT SHALL NOT DISCLOSE ANY INFORMATION RELATED TO  AN  APPLI-
 CANT'S  VOLUNTARY  NONAPPARENT  DISABILITY  DESIGNATION  TO ANY INSURER,
 INSURANCE PRODUCER, OR TO  THE  DEPARTMENT  OF  FINANCIAL  SERVICES  FOR
 UNDERWRITING,  RATING,  RISK CLASSIFICATION, PREMIUM CALCULATION, CLAIMS
 ASSESSMENT, OR ANY INSURANCE RELATED PURPOSE.
   (B) THE DEPARTMENT SHALL NOT USE, AND SHALL NOT PERMIT THE USE OF, THE
 VOLUNTARY NONAPPARENT DISABILITY DESIGNATION AS THE BASIS  FOR  REFERRAL
 TO  THE  MEDICAL  REVIEW  UNIT  OR  FOR  ANY FITNESS-TO-DRIVE EVALUATION
 AUTHORIZED UNDER THIS CHAPTER.
   (IV) THE COMMISSIONER SHALL NOT REQUIRE FEES FOR THE ISSUANCE OF  SUCH
 LICENSES  OR  RENEWALS THEREOF TO PERSONS REQUESTING A NONAPPARENT DISA-
 BILITY 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 OR REMOVAL OF A NONAPPAR-
 ENT DISABILITY DISTINGUISHING MARK TO SUCH LICENSE.
 S. 6396--A                          5
 
   (V)  AS  USED  IN THIS SECTION, "NONAPPARENT DISABILITY" SHALL INCLUDE
 ALL INTELLECTUAL AND DEVELOPMENTAL DISABILITIES.
   §  6.  Subdivision 1 of section 840 of the executive law is amended by
 adding a new paragraph (n) to read as follows:
   (N) ESTABLISHMENT AND IMPLEMENTATION ON AN ONGOING BASIS, OF A  TRAIN-
 ING  PROGRAM  FOR ALL CURRENT AND NEW POLICE OFFICERS AND PEACE OFFICERS
 REGARDING HOW TO INTERACT WITH INDIVIDUALS WITH A NONAPPARENT DISABILITY
 NOTATION ON THEIR DRIVER'S LICENSE OR IDENTIFICATION CARD.  THE  CONTENT
 OF  SUCH  TRAINING  PROGRAM  SHALL  BE  CREATED IN CONSULTATION WITH THE
 OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   § 7. 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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Sponsored By

Robert Jackson

Current Bill Status - In Senate Committee Transportation Committee

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