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A00249 Summary:

BILL NOA00249C
 
SAME ASSAME AS S02565-C
 
SPONSORSantabarbara
 
COSPNSRAbinanti, Sepulveda, Colton, Mosley, Montesano, Cook, Ortiz, Titone, Benedetto, Blake, Richardson, Steck, Stirpe, Zebrowski, Lentol, Jenne, Barrett, Gunther, Ramos, Palmesano, Titus, Weprin, Jaffee, Woerner, Murray, Hyndman, Fahy, Miller MG, Barron, McDonald, Braunstein, Perry, Walsh, Miller ML
 
MLTSPNSRAbbate, Crouch, Englebright, Galef, McDonough, Raia, Simon
 
Add 13.43, Ment Hyg L
 
Establishes identification cards for individuals with developmental disabilities.
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A00249 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A249C
 
SPONSOR: Santabarbara (MS)
  TITLE OF BILL: An act to amend the mental hygiene law, in relation to providing for identification cards for individuals with developmental disabilities   PURPOSE OR GENERAL IDEA OF BILL: To allow individuals and parents of children with a developmental disa- bility to receive an optional identification card which relays important information regarding developmental disabilities such as autism spectrum disorders that may be relevant during interactions with first responders and other individuals.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: The vehicle and traffic law is amended by adding a new arti- cle 17-D, Disabilities Identification Card, authorizing the Commissioner of the Office for People With Developmental Disabilities to create an identification care for people with developmental disabilities. Section 2: This section sets the effective date and provides that any rules or regulations necessary to implement this legislation may be completed prior to the effective date.   JUSTIFICATION: This legislation would authorize the state to offer an identification card that people with a developmental disability such as Autism Spectrum Disorder could choose to obtain in order to help them convey information about their diagnosis. This optional identification card would allow an individual to easily communicate important information, including diffi- culties with interpersonal communications and physical contact that could be difficult to when interacting with law enforcement or in an emergency. Currently, a variety of organizations and localities throughout the country provide unofficial versions of such a card. However, these cards do not have standardized language, and may not be readily recognized by first responders. Creation of an official document, with standard language, appearance and application standards across the state will improve the ability of individuals with developmental disabilities to effectively communicate important information about their diagnosis.   PRIOR LEGISLATIVE HISTORY: S.6230a of 2015/2016   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that, effective immediately, any rules or regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such effective date.
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A00249 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         249--C
                                                                Cal. No. 171
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 5, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  SANTABARBARA,  ABINANTI,  SEPULVEDA, COLTON,
          MOSLEY, MONTESANO, COOK, ORTIZ, TITONE, BENEDETTO, BLAKE,  RICHARDSON,
          STECK,  STIRPE,  ZEBROWSKI,  LENTOL,  JENNE,  BARRETT, GUNTHER, RAMOS,
          PALMESANO, TITUS, WEPRIN,  JAFFEE,  WOERNER,  MURRAY,  HYNDMAN,  FAHY,
          M. G. MILLER, BARRON, McDONALD, BRAUNSTEIN, PERRY, WALSH, M. L. MILLER
          --  Multi-Sponsored by -- M. of A. ABBATE, CROUCH, ENGLEBRIGHT, GALEF,
          McDONOUGH, RAIA, SIMON -- read once and referred to the  Committee  on
          Transportation  -- reference changed to the Committee on Mental Health
          -- reported and referred  to  the  Committee  on  Ways  and  Means  --
          advanced  to  a third reading, passed by Assembly and delivered to the
          Senate, recalled from the Senate,  vote  reconsidered,  bill  amended,
          ordered  reprinted,  retaining its place on the order of third reading
          -- again amended on third reading, ordered  reprinted,  retaining  its
          place on the order of third reading -- repassed by Assembly and deliv-
          ered  to the Senate, recalled from the Senate, vote reconsidered, bill
          amended, ordered reprinted, retaining its place on the order of  third
          reading

        AN  ACT  to  amend  the mental hygiene law, in relation to providing for
          identification cards for individuals with developmental disabilities
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The mental hygiene law is amended by adding a new section
     2  13.43 to read as follows:
     3  § 13.43 Disabilities identification card.
     4    (a) The commissioner shall develop  an  identification  card  denoting
     5  that a person has been medically diagnosed with a developmental disabil-
     6  ity.    Such  identification  card  may be presented to law enforcement,
     7  firefighters and emergency medical services personnel as necessary.
     8    (b) Upon the request of a person with developmental  disabilities,  or
     9  the  guardian  or  caregiver of such person, the office shall issue such
    10  developmental disabilities identification card in accordance with eligi-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05256-07-7

        A. 249--C                           2
 
     1  bility and documentation criteria established by the office for a fee to
     2  be determined by the commissioner.
     3    (c)  The  front of such card shall indicate that it has been issued by
     4  the office pursuant to this section and shall include:
     5    (1) the card bearer's name;
     6    (2) the card bearer's address;
     7    (3) the card bearer's date of birth; and
     8    (4) the following statement: "I HAVE A DEVELOPMENTAL DISABILITY. I MAY
     9  HAVE DIFFICULTY UNDERSTANDING  AND  FOLLOWING  YOUR  DIRECTIONS  OR  MAY
    10  BECOME UNABLE TO RESPOND. I MAY BECOME PHYSICALLY AGITATED IF YOU PROMPT
    11  ME  VERBALLY  OR TOUCH ME OR MOVE TOO CLOSE TO ME. A DEVELOPMENTAL DISA-
    12  BILITY IS NOT AN EXCUSE FOR ILLEGAL BEHAVIOR.  I  AM  NOT  INTENTIONALLY
    13  REFUSING  TO  COOPERATE. I MAY NEED YOUR ASSISTANCE. PLEASE SEE THE BACK
    14  OF THIS CARD."
    15    (d) The back of such card shall include:
    16    (1) at the card bearer's discretion, the name and phone number  of  an
    17  individual  designated  by  such  card bearer to be contacted in case of
    18  emergency; and
    19    (2) a designated space where such card bearer may  include  any  addi-
    20  tional information.
    21    § 2. This act shall take effect on the one hundred eightieth day after
    22  it  shall  have  become a law; provided that, effective immediately, the
    23  addition, amendment, and/or repeal of any rules and  regulations  neces-
    24  sary  to  implement the provisions of this act on its effective date are
    25  authorized and directed to be completed  on  or  before  such  effective
    26  date.
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