NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8711
SPONSOR: Sayegh
 
TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to including if a person has autism spectrum disorder on his or
her driver's license; and to repeal certain provisions of such law
relating thereto
 
PURPOSE OR GENERAL IDEA OF BILL:
Related to including if a person has autism spectrum disorder on his or
her driver's license; repealer
 
SUMMARY OF PROVISIONS:
Section 490 of the vehicle and traffic law is amended by adding a new
subdivision 2-a to ensure that an applicant has space to indicate if he
or she autism spectrum disorder
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
 
JUSTIFICATION:
According to academic studies, approximately 34 percent of all adults in
the United States with autism spectrum disorder have driver's licenses.
This legislation would require the Commissioner of the Department of
Motor Vehicles to add a distinctive mark upon request indicating that a
driver has autism spectrum disorder. This would allow for medical
professionals, members of law enforcement, and other members of the
community to recognize that individuals with autism spectrum disorder
may have an impediment that will keep them from conumnicating efficient-
ly with responding medical professionals or members of law enforcement.
The option to add the distinctive mark will also be made available to
non-license New York State identification cards.
 
PRIOR LEGISLATIVE HISTORY:
None
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
8711
2019-2020 Regular Sessions
IN ASSEMBLY
October 23, 2019
___________
Introduced by M. of A. SAYEGH -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to including if
a person has autism spectrum disorder on his or her driver's license;
and to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 490 of the vehicle and traffic law is amended by
2 adding a new subdivision 2-a to read as follows:
3 2-a. Autism spectrum disorder. In addition to the provisions of subdi-
4 vision two of this section, the commissioner shall ensure that space is
5 provided on the application so that the applicant shall indicate if he
6 or she has autism spectrum disorder and that the following is typed in
7 clear and conspicuous type:
8 "You must fill out the following section: Are you a person with autism
9 spectrum disorder? Check box for 'yes' or 'skip this question'."
10 The commissioner shall make whatever provisions are feasible and
11 desirable to maintain and issue all suitable documents regarding
12 advanced directives at driver's license examining offices.
13 § 2. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
14 traffic law, as amended by chapter 429 of the laws of 2014, is amended
15 to read as follows:
16 (b) The identification card shall contain a distinguishing number or
17 mark and adequate space upon which an anatomical gift, pursuant to arti-
18 cle forty-three of the public health law, by the holder may be recorded
19 and shall contain such other information and shall be issued in such
20 form as the commissioner shall determine; provided, however, every iden-
21 tification card or renewal thereof issued to a person with autism spec-
22 trum disorder shall contain a distinctive mark; provided, however, every
23 identification card or renewal thereof issued to a person under the age
24 of twenty-one years shall have prominently imprinted thereon the state-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13980-01-9
A. 8711 2
1 ment "UNDER 21 YEARS OF AGE" in notably distinctive print or format.
2 Provided, further, however, that every identification card issued to an
3 applicant who was a member of the armed forces of the United States and
4 received an honorable discharge or was released therefrom under honor-
5 able conditions shall, upon his or her request and submission of proof
6 as set forth herein, contain a distinguishing mark, in such form as the
7 commissioner shall determine, indicating that he or she is a veteran.
8 Such proof shall consist of a certificate of release or discharge from
9 active duty including but not limited to a DD Form 214 or other proof
10 satisfactory to the commissioner. The commissioner shall not require
11 fees for the issuance of such identification cards or renewals thereof
12 to persons under twenty-one years of age which are different from the
13 fees required for the issuance of identification cards or renewals ther-
14 eof to persons twenty-one years of age or over, nor fees to persons
15 requesting a veteran distinguishing mark which are different from fees
16 that would otherwise be required. Provided, however, that notwithstand-
17 ing the provisions of section four hundred ninety-one of this article,
18 the commissioner shall not require any fees for the duplication or
19 amendment of an identification card prior to its renewal if such dupli-
20 cation or amendment was solely for the purpose of adding a veteran
21 distinguishing mark to such identification card.
22 § 3. Subdivision 1 of section 502 of the vehicle and traffic law is
23 REPEALED and a new subdivision 1 is added to read as follows:
24 1. Application for license. Application for a driver's license shall
25 be made to the commissioner. The fee prescribed by law may be submitted
26 with such application. The applicant shall furnish such proof of identi-
27 ty, age, and fitness as may be required by the commissioner. With
28 respect to a non-commercial driver's license or learner's permit which
29 does not meet federal standards for identification, in addition to the
30 acceptable proofs of age and identity approved by the commissioner as of
31 January first, two thousand nineteen, acceptable proof of identity shall
32 also include, but not be limited to, a valid, unexpired foreign passport
33 issued by the applicant's country of citizenship (which shall also be
34 eligible as proof of age), a valid, unexpired consular identification
35 document issued by a consulate from the applicant's country of citizen-
36 ship, or a valid foreign driver's license that includes a photo image of
37 the applicant and which is unexpired or expired for less than twenty-
38 four months of its date of expiration, as primary forms of such proof.
39 Nothing contained in this subdivision shall be deemed to preclude the
40 commissioner from approving additional proofs of identity and age. The
41 commissioner may also provide that the application procedure shall
42 include the taking of a photo image or images of the applicant in
43 accordance with rules and regulations prescribed by the commissioner. In
44 addition, the commissioner also shall require that the applicant provide
45 his or her social security number or, in lieu thereof, with respect to
46 an application for a non-commercial driver's license or learner's permit
47 which does not meet federal standards for identification, an affidavit
48 signed by such applicant that they have not been issued a social securi-
49 ty number. The commissioner also shall provide space on the application
50 so that the applicant may register in the New York state organ and
51 tissue donor registry under section forty-three hundred ten of the
52 public health law with the following stated on the application in clear
53 and conspicuous type:
54 "You must fill out the following section: Would you like to be added
55 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
56 tion'."
A. 8711 3
1 The commissioner of health shall not maintain records of any person
2 who checks "skip this question". Except where the application is made in
3 person or electronically, failure to check a box shall not impair the
4 validity of an application, and failure to check "yes" or checking "skip
5 this question" shall not be construed to imply a wish not to donate. In
6 the case of an applicant under eighteen years of age, checking "yes"
7 shall not constitute consent to make an anatomical gift or registration
8 in the donate life registry, except as otherwise provided pursuant to
9 the provisions of paragraph (b) of subdivision one of section forty-
10 three hundred one of the public health law. Where an applicant has
11 previously consented to make an anatomical gift or registered in the
12 donate life registry, checking "skip this question" or failing to check
13 a box shall not impair that consent or registration. In addition, an
14 applicant for a commercial driver's license who will operate a commer-
15 cial motor vehicle in interstate commerce shall certify that such appli-
16 cant meets the requirements to operate a commercial motor vehicle, as
17 set forth in public law 99-570, title XII, and title 49 of the code of
18 federal regulations, and all regulations promulgated by the United
19 States secretary of transportation under the hazardous materials trans-
20 portation act. In addition, the commissioner shall ensure that space is
21 provided on the application so that the applicant shall indicate a
22 declaration relating to if the applicant is a person with autism spec-
23 trum disorder that the following is typed in clear and conspicuous type:
24 "You must fill out the following section: Are you a person with autism
25 spectrum disorder? Check box for 'yes' or 'skip this question'."
26 The commissioner shall make whatever provisions are feasible and
27 desirable to maintain and issue all suitable documents regarding
28 advanced directives at driver's license examining offices. In addition,
29 an applicant for a commercial driver's license shall submit a medical
30 certificate at such intervals as required by the federal motor carrier
31 safety improvement act of 1999 and Part 383.71(h) of title 49 of the
32 code of federal regulations relating to medical certification and in a
33 manner prescribed by the commissioner. For purposes of this section and
34 sections five hundred three, five hundred ten-a, and five hundred ten-aa
35 of this title, the terms "medical certificate" and "medical certif-
36 ication" shall mean a form substantially in compliance with the form set
37 forth in Part 391.43(h) of title 49 of the code of federal regulations.
38 Upon a determination that the holder of a commercial driver's license
39 has made any false statement, with respect to the application for such
40 license, the commissioner shall revoke such license.
41 § 4. Paragraph (a) of subdivision 1 of section 504 of the vehicle and
42 traffic law, as separately amended by chapters 568 and 639 of the laws
43 of 2006, is amended to read as follows:
44 (a) Every license or renewal thereof shall contain a distinguishing
45 mark and adequate space upon which an anatomical gift, pursuant to
46 section forty-three hundred ten of the public health law, by the licen-
47 see shall be recorded and shall contain such other information and shall
48 be issued in such form as the commissioner shall determine; provided,
49 however, every license or renewal thereof issued to a person under the
50 age of twenty-one years shall have prominently imprinted upon it the
51 statement "UNDER 21 YEARS OF AGE" in notably distinctive print or
52 format; provided further, however, every license or renewal thereof
53 issued to a person making an anatomical gift shall have prominently
54 printed upon the front of such license or renewal thereof the statement
55 "ORGAN DONOR" in notably distinctive print or format; provided that
56 every license or renewal thereof issued to a person who has indicated on
A. 8711 4
1 an application or renewal that he or she is a person with autism spec-
2 trum disorder shall have imprinted on the front of such license or
3 renewal thereof a distinctive mark which indicates such. The commission-
4 er shall not require fees for the issuance of such licenses or renewals
5 thereof to persons under twenty-one years of age [or], to persons making
6 an anatomical gift or to a person with autism spectrum disorder which
7 are different from the fees required for the issuance of licenses or
8 renewals thereof to persons twenty-one years of age or over [or], to
9 persons not making an anatomical gift or to persons who did not indicate
10 on an application or renewal that they are a person with autism spectrum
11 disorder.
12 § 5. This act shall take effect immediately; provided, however, that
13 section three of this act shall take effect on the one hundred eightieth
14 day after it shall have become a law.