|SAME AS||SAME AS S02565-C|
|COSPNSR||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, Miller MG, Barron, McDonald, Braunstein, Perry, Walsh, Miller ML|
|MLTSPNSR||Abbate, Crouch, Englebright, Galef, McDonough, Raia, Simon|
|Add §13.43, Ment Hyg L|
|Establishes identification cards for individuals with developmental disabilities.|
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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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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. LBD05256-07-7A. 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.