STATE OF NEW YORK ________________________________________________________________________ 1549 2025-2026 Regular Sessions IN ASSEMBLY January 10, 2025 ___________ Introduced by M. of A. TAYLOR -- read once and referred 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: 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 read 3 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 addiction services and 12 supports, verifying that such applicant has a disability, including 13 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 22 (G) a licensed psychologist. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00445-01-5
A. 1549 2 1 § 2. Paragraph (b) of subdivision 3 of section 490 of the vehicle and 2 traffic law, as amended by section 97 of part PP of chapter 56 of the 3 laws of 2022, is amended to read as follows: 4 (b) The identification card shall contain a distinguishing number or 5 mark and adequate space upon which an anatomical gift, pursuant to arti- 6 cle forty-three of the public health law, by the holder may be recorded 7 and shall contain such other information and shall be issued in such 8 form as the commissioner shall determine; provided, however, every iden- 9 tification card or renewal thereof issued to a person under the age of 10 twenty-one years shall have prominently imprinted thereon the statement 11 "UNDER 21 YEARS OF AGE" in notably distinctive print or format. 12 Provided, further, however, that every identification card issued to an 13 applicant who was a member of the armed forces of the United States and 14 (i) received an honorable discharge or was released therefrom under 15 honorable conditions, or (ii) has a qualifying condition, as defined in 16 section one of the veterans' services law, and has received a discharge 17 other than bad conduct or dishonorable from such service, or (iii) is a 18 discharged LGBT veteran, as defined in section one of the veterans' 19 services law, and has received a discharge other than bad conduct or 20 dishonorable from such service, shall, upon [his or her] such appli- 21 cant's request and submission of proof as set forth herein, contain a 22 distinguishing mark, in such form as the commissioner shall determine, 23 indicating that [he or she] such applicant is a veteran. Such proof 24 shall consist of a certificate of release or discharge from active duty 25 including but not limited to a DD Form 214 or other proof satisfactory 26 to the commissioner. Provided, further, that every identification card 27 issued to an applicant who has a disability shall, upon the request of 28 such applicant pursuant to the provisions of subparagraph (iv) of para- 29 graph (a) of this subdivision, contain a distinguishing mark, in such 30 form as the commissioner shall determine, which is discreet and repres- 31 ents all types of disabilities, including cognitive, neurological or 32 physical disabilities. The commissioner shall not require fees for the 33 issuance of such identification cards or renewals thereof to persons 34 under twenty-one years of age which are different from the fees required 35 for the issuance of identification cards or renewals thereof to persons 36 twenty-one years of age or over, nor fees to persons requesting a veter- 37 an distinguishing mark which are different from fees that would other- 38 wise be required, nor fees to persons requesting a disability distin- 39 guishing mark which are different from fees that would otherwise be 40 required. Provided, however, that notwithstanding the provisions of 41 section four hundred ninety-one of this article, the commissioner shall 42 not require any fees for the duplication or amendment of an identifica- 43 tion card prior to its renewal if such duplication or amendment was 44 solely for the purpose of adding a veteran distinguishing mark or a 45 disability distinguishing mark to such identification card. 46 § 3. Subdivision 1 of section 502 of the vehicle and traffic law, as 47 separately amended by chapters 158 and 440 of the laws of 2021, is 48 amended to read as follows: 49 1. Application for license. Application for a driver's license shall 50 be made to the commissioner. The fee prescribed by law may be submitted 51 with such application. The applicant shall furnish such proof of identi- 52 ty, age, and fitness as may be required by the commissioner. With 53 respect to a non-commercial driver's license or learner's permit which 54 does not meet federal standards for identification, in addition to the 55 acceptable proofs of age and identity approved by the commissioner as of 56 January first, two thousand nineteen, acceptable proof of identity shall
A. 1549 3 1 also include, but not be limited to, a valid, unexpired foreign passport 2 issued by the applicant's country of citizenship (which shall also be 3 eligible as proof of age), a valid, unexpired consular identification 4 document issued by a consulate from the applicant's country of citizen- 5 ship, or a valid foreign driver's license that includes a photo image of 6 the applicant and which is unexpired or expired for less than twenty- 7 four months of its date of expiration, as primary forms of such proof. 8 Nothing contained in this subdivision shall be deemed to preclude the 9 commissioner from approving additional proofs of identity and age. The 10 license shall display the sex designation of M, F, or X as certified by 11 the applicant, with no additional documentation required. The applicant 12 may amend the sex designation of their driver's license upon request. 13 Upon amendment of the sex designation, the change shall be made consist- 14 ent through all affiliated records within the control of the department. 15 The commissioner may also provide that the application procedure shall 16 include the taking of a photo image or images of the applicant in 17 accordance with rules and regulations prescribed by the commissioner. In 18 addition, the commissioner also shall require that the applicant provide 19 such applicant's social security number or, in lieu thereof, with 20 respect to an application for a non-commercial driver's license or 21 learner's permit which does not meet federal standards for identifica- 22 tion, an affidavit signed by such applicant that they have not been 23 issued a social security number. The commissioner also shall provide 24 space on the application so that the applicant may request a notation 25 upon such license that such applicant is a veteran of the United States 26 armed forces, and space on the application so that the applicant may 27 request a notation upon such license that [he or she] such applicant is 28 a veteran of the United States armed forces, and space on the applica- 29 tion so that the applicant may register in the New York state organ and 30 tissue donor registry under section forty-three hundred ten of the 31 public health law with the following stated on the application in clear 32 and conspicuous type: 33 "You must fill out the following section: Would you like to be added 34 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 35 tion'." 36 The commissioner of health shall not maintain records of any person 37 who checks "skip this question". Except where the application is made in 38 person or electronically, failure to check a box shall not impair the 39 validity of an application, and failure to check "yes" or checking "skip 40 this question" shall not be construed to imply a wish not to donate. In 41 the case of an applicant under eighteen years of age, checking "yes" 42 shall not constitute consent to make an anatomical gift or registration 43 in the donate life registry, except as otherwise provided pursuant to 44 the provisions of paragraph (b) of subdivision one of section forty- 45 three hundred one of the public health law. Where an applicant has 46 previously consented to make an anatomical gift or registered in the 47 donate life registry, checking "skip this question" or failing to check 48 a box shall not impair that consent or registration. In addition, the 49 commissioner shall provide space on the application so that the appli- 50 cant may request a notation upon such license that such applicant is a 51 veteran of the United States armed forces. In addition, the commissioner 52 shall provide space on the application so that the applicant may request 53 a notation upon such license that such applicant has a disability. In 54 addition, an applicant for a commercial driver's license who will oper- 55 ate a commercial motor vehicle in interstate commerce shall certify that 56 such applicant meets the requirements to operate a commercial motor
A. 1549 4 1 vehicle, as set forth in public law 99-570, title XII, and title 49 of 2 the code of federal regulations, and all regulations promulgated by the 3 United States secretary of transportation under the hazardous materials 4 transportation act. In addition, an applicant for a commercial driver's 5 license shall submit a medical certificate at such intervals as required 6 by the federal motor carrier safety improvement act of 1999 and Part 7 383.71(h) of title 49 of the code of federal regulations relating to 8 medical certification and in a manner prescribed by the commissioner. 9 For purposes of this section and sections five hundred three, five 10 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 11 certificate" and "medical certification" shall mean a form substantially 12 in compliance with the form set forth in Part 391.43(h) of title 49 of 13 the code of federal regulations. Upon a determination that the holder of 14 a commercial driver's license has made any false statement, with respect 15 to the application for such license, the commissioner shall revoke such 16 license. 17 § 4. Subdivision 1 of section 504 of the vehicle and traffic law is 18 amended by adding a new paragraph (a-2) to read as follows: 19 (a-2) Every license or renewal thereof issued to an applicant who has 20 a disability shall, upon the request of such applicant and submission of 21 verification of such disability as set forth herein, contain a distin- 22 guishing mark, in such form as the commissioner shall determine, which 23 is discreet and represents all types of disabilities, including cogni- 24 tive, neurological or physical disabilities. An applicant requesting a 25 notation of disabled status shall submit either a copy of such appli- 26 cant's social security disability benefit verification letter or a form, 27 to be promulgated by the commissioner in consultation with the commis- 28 sioner of health, commissioner of mental health, the commissioner of the 29 office for people with developmental disabilities and the commissioner 30 of addiction services and supports, verifying that such applicant has a 31 disability, including chronic illness or pain. Such form shall be 32 signed by (i) a licensed physician, including a licensed neurologist or 33 a licensed psychiatrist, (ii) a commissioned medical officer of the 34 armed forces of the United States, (iii) a licensed physician assistant, 35 (iv) a licensed podiatrist, (v) a certified nurse practitioner, (vi) a 36 licensed physical therapist, or (vii) a licensed psychologist. The 37 commissioner shall not require fees for the issuance of such licenses or 38 renewals thereof to persons requesting a disability distinguishing mark 39 which are different from fees otherwise required; provided, however, 40 that notwithstanding the provisions of this section, the commissioner 41 shall not require fees for a duplication or amendment of a license prior 42 to its renewal if such duplication or amendment was solely for the 43 purpose of adding a disability distinguishing mark to such license. 44 § 5. This act shall take effect on the thirtieth day after it shall 45 have become a law. Effective immediately, the addition, amendment 46 and/or repeal of any rule or regulation necessary for the implementation 47 of this act on its effective date are authorized to be made and 48 completed on or before such effective date.