What's happening
This bill allows New Yorkers to request a discreet disability designation on state ID cards and driver's licenses at no extra cost.
Why it matters
Empowers individuals with disabilities to discreetly self-identify. on official state IDs and driver's licenses, which can help avoid unwanted disclosure while still providing a way to communicate disability status in emergencies, interactions with law enforcement, or other situations where accommodations may be needed.
Expands the definition of disability for designation eligibility. to include not only physical and cognitive disabilities, but also chronic illness and chronic pain, and allows a broad range of healthcare professionals—including nurse practitioners, psychologists, and physical therapists—to verify disability status, increasing accessibility for applicants.
Standardizes and simplifies the process for obtaining the designation. by creating a uniform verification form, reducing bureaucratic barriers and ensuring consistent access regardless of the type of disability or the professional providing documentation.
Ensures equity by prohibiting additional fees. for adding or amending a disability designation on licenses and IDs, thus removing potential financial barriers for people with disabilities and aligning with fee policies for veteran status notations.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Add Disability Mark to IDs
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Add Disability Mark to IDs
In Assembly Committee · Transportation · Sponsor Al Taylor
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 placement 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 Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 3 of section 490 of the vehicle and traffic law, is amended by adding a new subparagraph (iv) to read as follows:
(iv) The commissioner shall provide space so that an applicant may request a notation upon such identification card that such applicant has a disability. An applicant requesting a notation of disability shall submit either a copy of such applicant's social security disability benefit verification letter or a form, to be promulgated by the commissioner in consultation with the commissioner of health, commissioner of mental health, the commissioner of the office for people with developmental disabilities and the commissioner of alcoholism and substance abuse services, verifying that such applicant has a disability, including chronic illness or pain. Such form shall be signed by:
(A) a licensed physician, including a licensed neurologist or a licensed psychiatrist;
(B) a commissioned medical officer of the armed forces of the United States;
(C) a licensed physician assistant;
(D) a licensed podiatrist;
(E) a certified nurse practitioner;
(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
(G) a licensed psychologist.
§ 2. Paragraph (b) of subdivision 3 of section 490 of the vehicle and traffic law, as amended by chapter 429 of the laws of 2014, is amended to read as follows:
(b) The identification card shall contain a distinguishing number or mark and adequate space upon which an anatomical gift, pursuant to article forty-three of the public health law, by the holder may be recorded and shall contain such other information and shall be issued in such form as the commissioner shall determine; provided, however, every identification card or renewal thereof issued to a person under the age of twenty-one years shall have prominently imprinted thereon the statement "UNDER 21 YEARS OF AGE" in notably distinctive print or format. Provided, further, however, that every identification card issued to an applicant who was a member of the armed forces of the United States and received an honorable discharge or was released therefrom under honorable conditions shall, upon his or her request and submission of proof as set forth herein, contain a distinguishing mark, in such form as the commissioner shall determine, indicating that he or she is a veteran. Such proof shall consist of a certificate of release or discharge from active duty including but not limited to a DD Form 214 or other proof satisfactory to the commissioner. Provided, further, that every identification card issued to an applicant who has a disability shall, upon the request of such applicant pursuant to the provisions of subparagraph (iv) of paragraph (a) of this subdivision, contain a distinguishing mark, in such form as the commissioner shall determine, which is discreet and represents all types of disabilities, including cognitive, neurological or physical disabilities. The commissioner shall not require fees for the issuance of such identification cards or renewals thereof to persons under twenty-one years of age which are different from the fees required for the issuance of identification cards or renewals thereof to persons twenty-one years of age or over, nor fees to persons requesting a veteran distinguishing mark which are different from fees that would otherwise be required, nor fees to persons requesting a disability distinguishing mark which are different from fees that would otherwise be required. Provided, however, that notwithstanding the provisions of section four hundred ninety-one of this article, the commissioner shall not require any fees for the duplication or amendment of an identification card prior to its renewal if such duplication or amendment was solely for the purpose of adding a veteran distinguishing mark or a disability distinguishing mark to such identification card.
§ 3. Subdivision 1 of section 502 of the vehicle and traffic law, as amended by chapter 465 of the laws of 2012, the third undesignated paragraph as amended by chapter 248 of the laws of 2016, is amended to read as follows:
1. Application for license. Application for a driver's license shall be made to the commissioner. The fee prescribed by law may be submitted with such application. The applicant shall furnish such proof of identity, age, and fitness as may be required by the commissioner. The commissioner may also provide that the application procedure shall include the taking of a photo image or images of the applicant in accordance with rules and regulations prescribed by the commissioner. In addition, the commissioner also shall require that the applicant provide his or her social security number and shall provide space on the application so that the applicant may register in the New York state organ and tissue donor registry under section forty-three hundred ten of the public
S. 6447 3
health law with the following stated on the application in clear and conspicuous type:
"You must fill out the following section: Would you like to be added to the Donate Life Registry? Check box for 'yes' or 'skip this question'."
The commissioner of health shall not maintain records of any person who checks "skip this question". Except where the application is made in person or electronically, failure to check a box shall not impair the validity of an application, and failure to check "yes" or checking "skip this question" shall not be construed to imply a wish not to donate. In the case of an applicant under eighteen years of age, checking "yes" shall not constitute consent to make an anatomical gift or registration in the donate life registry, except as otherwise provided pursuant to the provisions of paragraph (b) of subdivision one of section fortythree hundred one of the public health law. Where an applicant has previously consented to make an anatomical gift or registered in the donate life registry, checking "skip this question" or failing to check a box shall not impair that consent or registration. In addition, the commissioner shall provide space on the application so that the applicant may request a notation upon such license that such applicant is a veteran of the United States armed forces. In addition, the commissioner shall provide space on the application so that the applicant may request a notation upon such license that such applicant has a disability. In addition, an applicant for a commercial driver's license who will operate a commercial motor vehicle in interstate commerce shall certify that such applicant meets the requirements to operate a commercial motor vehicle, as set forth in public law 99-570, title XII, and title 49 of the code of federal regulations, and all regulations promulgated by the United States secretary of transportation under the hazardous materials transportation act. In addition, an applicant for a commercial driver's license shall submit a medical certificate at such intervals as required by the federal motor carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of the code of federal regulations relating to medical certification and in a manner prescribed by the commissioner. For purposes of this section and sections five hundred three, five hundred ten-a, and five hundred ten-aa of this title, the terms "medical certificate" and "medical certification" shall mean a form substantially in compliance with the form set forth in Part 391.43(h) of title 49 of the code of federal regulations. Upon a determination that the holder of a commercial driver's license has made any false statement, with respect to the application for such license, the commissioner shall revoke such license.
§ 4. Section 2 of chapter 487 of the laws of 2012 is REPEALED.
§ 5. Subdivision 1 of section 504 of the vehicle and traffic law is amended by adding a new paragraph (a-2) to read as follows:
(a-2) Every license or renewal thereof issued to an applicant who has a disability shall, upon the request of such applicant and submission of verification of such disability as set forth herein, contain a distinguishing mark, in such form as the commissioner shall determine, which is discreet and represents all types of disabilities, including cognitive, neurological or physical disabilities. An applicant requesting a notation of disabled status shall submit either a copy of such applicant's social security disability benefit verification letter or a form, to be promulgated by the commissioner in consultation with the commissioner of health, commissioner of mental health, the commissioner of the office for people with developmental disabilities and the commissioner
S. 6447 4
of alcoholism and substance abuse services, verifying that such applicant has a disability, including chronic illness or pain. Such form shall be signed by (i) a licensed physician, including a licensed neurologist or a licensed psychiatrist, (ii) a commissioned medical officer of the armed forces of the United States, (iii) a licensed physician assistant, (iv) a licensed podiatrist, (v) a certified nurse practitioner, (vi) a licensed physical therapist, or (vii) a licensed psychologist. The commissioner shall not require fees for the issuance of such licenses or renewals thereof to persons requesting a disability distinguishing mark which are different from fees otherwise required; provided, however, that notwithstanding the provisions of this section, the commissioner shall not require fees for a duplication or amendment of a license prior to its renewal if such duplication or amendment was solely for the purpose of adding a disability distinguishing mark to such license.
§ 6. This act shall take effect on the thirtieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to the placement 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
Purpose
To allow individuals with disabilities to designate on their drivers' licenses, driving permits, or non-drivers' licenses a distinguishing, discrete mark that they have a disability.
Summary of provisions
Section 1 amends paragraph (a) of subdivision 3 of section 490 of the Vehicle and Traffic Law by adding a new subparagraph (iv) that provides the commissioner of the Department of Motor Vehicles shall include a space on an application for an identification card that the applicant has a disability. The applicant requesting a notation of a disability would either need to submit their social security disability benefit verification letter or a form, promulgated by the commissioner of the Department of Motor Vehicles in consultation with the commissioners of health, mental health, the office for people with developmental disabil- ities, and alcoholism and substance abuse services, verifying that the applicant has a disability, which includes chronic illness or pain. Such form must be signed by a licensed physician, including a licensed neurologist or a licensed psychiatrist; a commissioned medical officer of the armed forces of the United States; a licensed physician assist- ant; a licensed podiatrist; a certified nurse practitioner; a licensed physical therapist; or a licensed psychologist.
Read the full memo (924 words)
Section 2 amends paragraph (b) of subdivision 3 of section 490 of the Vehicle and Traffic Law by providing that applicants who have a disabil- ity shall, upon request of the applicant by providing their social secu- rity disability benefit verification letter or signed form, receive a distinguishing, discrete mark on their identification card that repres- ents all types of disabilities, including cognitive, neurological, or physical disabilities. The commissioner of the Department of Motor Vehi- cles shall determine the discrete, distinguishing mark. No fees shall be required of the applicant for requesting this notation. If an applicant is requesting a duplicate identification card prior to its renewal for the sole purpose of receiving a disability distinguishing mark, the applicant will not incur any fee.
Section 3 amends subdivision 1 of section 502 of the Vehicle and Traffic Law by providing that the commissioner of the Department of Motor Vehi- cles shall provide a space on a drivers' license application where an applicant may request a notation on the license that they are a veteran of the United States armed forces. The commissioner shall also provide a space on a drivers' license application where an applicant may request a notation they have a disability.
Section 4 repeals section 2 of chapter 487 of the laws of 2012.
Section 5 amends subdivision 1 of section 504 of the Vehicle and Traffic Law by adding paragraph (a-2) that provides that every license or renewal issued to an applicant who has a disability shall, upon request of the applicant and submission of verification of such disability, contain a distinguishing, discreet mark that represents all types of disabilities, including cognitive, neurological, or physical disabili- ties. The mark shall be determined by the commissioner of the Department of Motor Vehicles. The applicant requesting such notation on their license shall submit either a copy of their social security disability benefit verification letter or a form, promulgated by the commissioner of the Department of Motor Vehicles in consultation with the commission- ers of health, mental health, the office for people with developmental disabilities, and alcoholism and substance abuse services, verifying that the applicant has a disability, which includes chronic illness or pain. Such form must be signed by a licensed physician, including a licensed neurologist or a licensed psychiatrist; a commissioned medical officer of the armed forces of the United States; a licensed physician assistant; a licensed podiatrist; a certified nurse practitioner; a licensed physical therapist; or a licensed psychologist. No fees shall be required of the applicant for requesting a disability notation on their license. If an applicant is requesting a duplicate license prior to its renewal for the sole purpose of receiving a disability distin- guishing mark, the applicant will not incur any fee.
Section 6 is the effective date.
Justification
Many people in New York live with invisible disabilities that are unknown to others. These invisible disabilities may be physical but are also often mental or neurological that effect their abilities, which are invisible to an observer. As such, these invisible disabilities can lead to misconceptions and judgements. However, merely having an invisible disability does not mean that a person is disabled. Some people with invisible disabilities are fully functional in their work and family lives while others exert more energy and struggle. Identification cards with a voluntary discrete, distinguishing mark allows individuals to be made aware that the person has a disability. This way, when a person with a disability-especially if it is an invisible disability-interacts with other individuals, the observer can be made aware that the individ- ual has a disability.
Legislative history
New bill.
Fiscal implications
To be determined.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.