S 8014: Includes a distinctive mark on a person's driver's license if a person has autism spectrum disorder.

  
  STATE OF NEW YORK ________________________________________________________________________ 8014 2025-2026 Regular Sessions  IN SENATE May 15, 2025 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed 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 their 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 they 6 have autism spectrum disorder and that the following is typed in clear 7 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 section 97 of part PP of chapter 56 of the 15 laws of 2022, is amended 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. LBD04276-01-5 
 S. 8014 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 (i) received an honorable discharge or was released therefrom under 5 honorable conditions, or (ii) has a qualifying condition, as defined in 6 section one of the veterans' services law, and has received a discharge 7 other than bad conduct or dishonorable from such service, or (iii) is a 8 discharged LGBT veteran, as defined in section one of the veterans' 9 services law, and has received a discharge other than bad conduct or 10 dishonorable from such service, shall, upon [his or her] their request 11 and submission of proof as set forth herein, contain a distinguishing 12 mark, in such form as the commissioner shall determine, indicating that 13 [he or she is] they are a veteran. Such proof shall consist of a certif- 14 icate of release or discharge from active duty including but not limited 15 to a DD Form 214 or other proof satisfactory to the commissioner. The 16 commissioner shall not require fees for the issuance of such identifica- 17 tion cards or renewals thereof to persons under twenty-one years of age 18 which are different from the fees required for the issuance of identifi- 19 cation cards or renewals thereof to persons twenty-one years of age or 20 over, nor fees to persons requesting a veteran distinguishing mark which 21 are different from fees that would otherwise be required. Provided, 22 however, that notwithstanding the provisions of section four hundred 23 ninety-one of this article, the commissioner shall not require any fees 24 for the duplication or amendment of an identification card prior to its 25 renewal if such duplication or amendment was solely for the purpose of 26 adding a veteran distinguishing mark to such identification card. 27 § 3. Subdivision 1 of section 502 of the vehicle and traffic law is 28 REPEALED and a new subdivision 1 is added to read as follows: 29 1. Application for license. Application for a driver's license shall 30 be made to the commissioner. The fee prescribed by law may be submitted 31 with such application. The applicant shall furnish such proof of identi- 32 ty, age, and fitness as may be required by the commissioner. With 33 respect to a non-commercial driver's license or learner's permit which 34 does not meet federal standards for identification, in addition to the 35 acceptable proofs of age and identity approved by the commissioner as of 36 January first, two thousand twenty-five, acceptable proof of identity 37 shall also include, but not be limited to, a valid, unexpired foreign 38 passport issued by the applicant's country of citizenship (which shall 39 also be eligible as proof of age), a valid, unexpired consular identifi- 40 cation document issued by a consulate from the applicant's country of 41 citizenship, or a valid foreign driver's license that includes a photo 42 image of the applicant and which is unexpired or expired for less than 43 twenty-four months of its date of expiration, as primary forms of such 44 proof. Nothing contained in this subdivision shall be deemed to preclude 45 the commissioner from approving additional proofs of identity and age. 46 The commissioner may also provide that the application procedure shall 47 include the taking of a photo image or images of the applicant in 48 accordance with rules and regulations prescribed by the commissioner. In 49 addition, the commissioner also shall require that the applicant provide 50 their social security number or, in lieu thereof, with respect to an 51 application for a non-commercial driver's license or learner's permit 52 which does not meet federal standards for identification, an affidavit 53 signed by such applicant that they have not been issued a social securi- 54 ty number. The commissioner also shall provide space on the application 55 so that the applicant may register in the New York state organ and 56 tissue donor registry under section forty-three hundred ten of the 
 S. 8014 3 1 public health law with the following stated on the application in clear 2 and conspicuous type: 3 "You must fill out the following section: Would you like to be added 4 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 5 tion'." 6 The commissioner of health shall not maintain records of any person 7 who checks "skip this question". Except where the application is made in 8 person or electronically, failure to check a box shall not impair the 9 validity of an application, and failure to check "yes" or checking "skip 10 this question" shall not be construed to imply a wish not to donate. In 11 the case of an applicant under eighteen years of age, checking "yes" 12 shall not constitute consent to make an anatomical gift or registration 13 in the donate life registry, except as otherwise provided pursuant to 14 the provisions of paragraph (b) of subdivision one of section forty- 15 three hundred one of the public health law. Where an applicant has 16 previously consented to make an anatomical gift or registered in the 17 donate life registry, checking "skip this question" or failing to check 18 a box shall not impair that consent or registration. In addition, an 19 applicant for a commercial driver's license who will operate a commer- 20 cial motor vehicle in interstate commerce shall certify that such appli- 21 cant meets the requirements to operate a commercial motor vehicle, as 22 set forth in public law 99-570, title XII, and title 49 of the code of 23 federal regulations, and all regulations promulgated by the United 24 States secretary of transportation under the hazardous materials trans- 25 portation act. In addition, the commissioner shall ensure that space is 26 provided on the application so that the applicant shall indicate a 27 declaration relating to if the applicant is a person with autism spec- 28 trum disorder that the following is typed in clear and conspicuous type: 29 "You must fill out the following section: Are you a person with autism 30 spectrum disorder? Check box for 'yes' or 'skip this question'." 31 The commissioner shall make whatever provisions are feasible and 32 desirable to maintain and issue all suitable documents regarding 33 advanced directives at driver's license examining offices. In addition, 34 an applicant for a commercial driver's license shall submit a medical 35 certificate at such intervals as required by the federal motor carrier 36 safety improvement act of 1999 and Part 383.71(h) of title 49 of the 37 code of federal regulations relating to medical certification and in a 38 manner prescribed by the commissioner. For purposes of this section and 39 sections five hundred three, five hundred ten-a, and five hundred ten-aa 40 of this title, the terms "medical certificate" and "medical certif- 41 ication" shall mean a form substantially in compliance with the form set 42 forth in Part 391.43(h) of title 49 of the code of federal regulations. 43 Upon a determination that the holder of a commercial driver's license 44 has made any false statement, with respect to the application for such 45 license, the commissioner shall revoke such license. 46 § 4. Paragraph (a) of subdivision 1 of section 504 of the vehicle and 47 traffic law, as separately amended by chapters 568 and 639 of the laws 48 of 2006, is amended to read as follows: 49 (a) Every license or renewal thereof shall contain a distinguishing 50 mark and adequate space upon which an anatomical gift, pursuant to 51 section forty-three hundred ten of the public health law, by the licen- 52 see shall be recorded and shall contain such other information and shall 53 be issued in such form as the commissioner shall determine; provided, 54 however, every license or renewal thereof issued to a person under the 55 age of twenty-one years shall have prominently imprinted upon it the 56 statement "UNDER 21 YEARS OF AGE" in notably distinctive print or 
 S. 8014 4 1 format; provided further, however, every license or renewal thereof 2 issued to a person making an anatomical gift shall have prominently 3 printed upon the front of such license or renewal thereof the statement 4 "ORGAN DONOR" in notably distinctive print or format; provided that 5 every license or renewal thereof issued to a person who has indicated on 6 an application or renewal that they are a person with autism spectrum 7 disorder shall have imprinted on the front of such license or renewal 8 thereof a distinctive mark which indicates such. The commissioner shall 9 not require fees for the issuance of such licenses or renewals thereof 10 to persons under twenty-one years of age [or], to persons making an 11 anatomical gift or to a person with autism spectrum disorder which are 12 different from the fees required for the issuance of licenses or 13 renewals thereof to persons twenty-one years of age or over [or], to 14 persons not making an anatomical gift or to persons who did not indicate 15 on an application or renewal that they are a person with autism spectrum 16 disorder. 17 § 5. This act shall take effect immediately; provided, however, that 18 section three of this act shall take effect on the one hundred eightieth 19 day after it shall have become a law.