Bill Text: NY S06447 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO TRANSPORTATION [S06447 Detail]

Download: New_York-2019-S06447-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6447

                               2019-2020 Regular Sessions

                    IN SENATE

                                      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:

     1    Section  1. Paragraph (a) of subdivision 3 of section 490 of the vehi-
     2  cle and traffic law, is amended by adding a  new  subparagraph  (iv)  to
     3  read as follows:
     4    (iv)  The  commissioner  shall  provide space so that an applicant may
     5  request a notation upon such identification card that such applicant has
     6  a disability. An applicant requesting a  notation  of  disability  shall
     7  submit  either  a  copy  of  such applicant's social security disability
     8  benefit verification letter or a form, to be promulgated by the  commis-
     9  sioner  in consultation with the commissioner of health, commissioner of
    10  mental health, the commissioner of the office for people  with  develop-
    11  mental  disabilities  and  the  commissioner of alcoholism and substance
    12  abuse services, verifying that such applicant has a disability,  includ-
    13  ing chronic illness or pain. Such form shall be signed by:
    14    (A)  a  licensed  physician,  including  a  licensed  neurologist or a
    15  licensed psychiatrist;
    16    (B) a commissioned medical officer of the armed forces of  the  United
    17  States;
    18    (C) a licensed physician assistant;
    19    (D) a licensed podiatrist;
    20    (E) a certified nurse practitioner;
    21    (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

     1    (G) a licensed psychologist.
     2    §  2. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
     3  traffic law, as amended by chapter 429 of the laws of 2014,  is  amended
     4  to read as follows:
     5    (b)  The  identification card shall contain a distinguishing number or
     6  mark and adequate space upon which an anatomical gift, pursuant to arti-
     7  cle forty-three of the public health law, by the holder may be  recorded
     8  and  shall  contain  such  other information and shall be issued in such
     9  form as the commissioner shall determine; provided, however, every iden-
    10  tification card or renewal thereof issued to a person under the  age  of
    11  twenty-one  years shall have prominently imprinted thereon the statement
    12  "UNDER 21  YEARS  OF  AGE"  in  notably  distinctive  print  or  format.
    13  Provided,  further, however, that every identification card issued to an
    14  applicant who was a member of the armed forces of the United States  and
    15  received  an  honorable discharge or was released therefrom under honor-
    16  able conditions shall, upon his or her request and submission  of  proof
    17  as  set forth herein, contain a distinguishing mark, in such form as the
    18  commissioner shall determine, indicating that he or she  is  a  veteran.
    19  Such  proof  shall consist of a certificate of release or discharge from
    20  active duty including but not limited to a DD Form 214  or  other  proof
    21  satisfactory  to  the  commissioner. Provided, further, that every iden-
    22  tification card issued to an applicant who has a disability shall,  upon
    23  the request of such applicant pursuant to the provisions of subparagraph
    24  (iv)  of  paragraph  (a)  of  this subdivision, contain a distinguishing
    25  mark, in such  form  as  the  commissioner  shall  determine,  which  is
    26  discreet  and represents all types of disabilities, including cognitive,
    27  neurological  or  physical  disabilities.  The  commissioner  shall  not
    28  require  fees  for the issuance of such identification cards or renewals
    29  thereof to persons under twenty-one years of  age  which  are  different
    30  from  the  fees  required  for  the  issuance of identification cards or
    31  renewals thereof to persons twenty-one years of age or over, nor fees to
    32  persons requesting a veteran distinguishing  mark  which  are  different
    33  from fees that would otherwise be required, nor fees to persons request-
    34  ing  a disability distinguishing mark which are different from fees that
    35  would otherwise be required.   Provided, however,  that  notwithstanding
    36  the  provisions  of section four hundred ninety-one of this article, the
    37  commissioner shall not require any fees for the duplication or amendment
    38  of an identification card prior to its renewal if  such  duplication  or
    39  amendment  was solely for the purpose of adding a veteran distinguishing
    40  mark or a disability distinguishing mark to such identification card.
    41    § 3. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
    42  amended by chapter 465 of the laws of 2012, the third undesignated para-
    43  graph  as amended by chapter 248 of the laws of 2016, is amended to read
    44  as follows:
    45    1. Application for license. Application for a driver's  license  shall
    46  be  made to the commissioner. The fee prescribed by law may be submitted
    47  with such application. The applicant shall furnish such proof of identi-
    48  ty, age, and fitness as may be required by the commissioner. The commis-
    49  sioner may also provide that the application procedure shall include the
    50  taking of a photo image or images of the applicant  in  accordance  with
    51  rules  and  regulations prescribed by the commissioner. In addition, the
    52  commissioner also shall require that the applicant provide  his  or  her
    53  social  security  number  and  shall provide space on the application so
    54  that the applicant may register in the New York state organ  and  tissue
    55  donor  registry  under  section  forty-three  hundred  ten of the public

        S. 6447                             3

     1  health law with the following stated on the  application  in  clear  and
     2  conspicuous type:
     3    "You  must  fill out the following section: Would you like to be added
     4  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
     5  tion'."
     6    The  commissioner  of  health shall not maintain records of any person
     7  who checks "skip this question". Except where the application is made in
     8  person or electronically, failure to check a box shall  not  impair  the
     9  validity of an application, and failure to check "yes" or checking "skip
    10  this  question" shall not be construed to imply a wish not to donate. In
    11  the case of an applicant under eighteen years  of  age,  checking  "yes"
    12  shall  not constitute consent to make an anatomical gift or registration
    13  in the donate life registry, except as otherwise  provided  pursuant  to
    14  the  provisions  of  paragraph  (b) of subdivision one of section forty-
    15  three hundred one of the public  health  law.  Where  an  applicant  has
    16  previously  consented  to  make  an anatomical gift or registered in the
    17  donate life registry, checking "skip this question" or failing to  check
    18  a  box  shall not impair that consent or registration.  In addition, the
    19  commissioner shall provide space on the application so that  the  appli-
    20  cant  may  request a notation upon such license that such applicant is a
    21  veteran of the United States armed forces. In addition, the commissioner
    22  shall provide space on the application so that the applicant may request
    23  a notation upon such license that such applicant has  a  disability.  In
    24  addition,  an applicant for a commercial driver's license who will oper-
    25  ate a commercial motor vehicle in interstate commerce shall certify that
    26  such applicant meets the requirements  to  operate  a  commercial  motor
    27  vehicle,  as  set forth in public law 99-570, title XII, and title 49 of
    28  the code of federal regulations, and all regulations promulgated by  the
    29  United  States secretary of transportation under the hazardous materials
    30  transportation act. In addition, an applicant for a commercial  driver's
    31  license shall submit a medical certificate at such intervals as required
    32  by  the  federal  motor  carrier safety improvement act of 1999 and Part
    33  383.71(h) of title 49 of the code of  federal  regulations  relating  to
    34  medical  certification  and  in a manner prescribed by the commissioner.
    35  For purposes of this section  and  sections  five  hundred  three,  five
    36  hundred ten-a, and five hundred ten-aa of this title, the terms "medical
    37  certificate" and "medical certification" shall mean a form substantially
    38  in  compliance  with the form set forth in Part 391.43(h) of title 49 of
    39  the code of federal regulations. Upon a determination that the holder of
    40  a commercial driver's license has made any false statement, with respect
    41  to the application for such license, the commissioner shall revoke  such
    42  license.
    43    § 4. Section 2 of chapter 487 of the laws of 2012 is REPEALED.
    44    §  5.  Subdivision  1 of section 504 of the vehicle and traffic law is
    45  amended by adding a new paragraph (a-2) to read as follows:
    46    (a-2) Every license or renewal thereof issued to an applicant who  has
    47  a disability shall, upon the request of such applicant and submission of
    48  verification  of  such disability as set forth herein, contain a distin-
    49  guishing mark, in such form as the commissioner shall  determine,  which
    50  is  discreet  and represents all types of disabilities, including cogni-
    51  tive, neurological or physical disabilities. An applicant  requesting  a
    52  notation  of  disabled  status shall submit either a copy of such appli-
    53  cant's social security disability benefit verification letter or a form,
    54  to be promulgated by the commissioner in consultation with  the  commis-
    55  sioner of health, commissioner of mental health, the commissioner of the
    56  office  for  people with developmental disabilities and the commissioner

        S. 6447                             4

     1  of alcoholism and substance abuse services, verifying that  such  appli-
     2  cant  has  a  disability,  including chronic illness or pain.  Such form
     3  shall be signed by  (i)  a  licensed  physician,  including  a  licensed
     4  neurologist  or  a  licensed  psychiatrist,  (ii) a commissioned medical
     5  officer of the armed forces of  the  United  States,  (iii)  a  licensed
     6  physician  assistant,  (iv) a licensed podiatrist, (v) a certified nurse
     7  practitioner, (vi) a licensed physical therapist, or  (vii)  a  licensed
     8  psychologist.  The  commissioner shall not require fees for the issuance
     9  of such licenses or renewals thereof to persons requesting a  disability
    10  distinguishing  mark  which  are different from fees otherwise required;
    11  provided, however, that notwithstanding the provisions of this  section,
    12  the  commissioner  shall not require fees for a duplication or amendment
    13  of a license prior to its renewal if such duplication or  amendment  was
    14  solely  for  the  purpose  of adding a disability distinguishing mark to
    15  such license.
    16    § 6. This act shall take effect on the thirtieth day  after  it  shall
    17  have  become  a  law.    Effective  immediately, the addition, amendment
    18  and/or repeal of any rule or regulation necessary for the implementation
    19  of this act on  its  effective  date  are  authorized  to  be  made  and
    20  completed on or before such effective date.
feedback