BILL NUMBER: S6396A
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the vehicle and traffic law and the executive law, in
relation to the placement of a discreet nonapparent disability desig-
nation on non-driver identification cards, drivers' licenses and lear-
ners' permits and making technical and conforming changes
 
PURPOSE:
To allow individuals with nonapparent disabilities to designate on their
drivers' licenses, driving permits, or non-drivers' identification cards
a discrete mark signifying that they have a nonapparent disability.
SUMMARY OF PROVISIONS:
Section 1 is the title of the legislation, "Eric's ID Law."
Section 2 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 nonapparent disability. The applicant requesting a notation of a
disability shall not be required to provide proof of such nonapparent
disability. The commissioner shall also provide a method for the indi-
vidual to request removal of the notation from their identification
card. The department shall be prohibited from using the designation for
any evaluation of fitness-to-drive or disclosing any information related
to an applicant's nonapparent disability to any insurer, insurance
producer, or the department of financial services.
Section 3 amends paragraph (b) of subdivision 3 of Section 490 of the
Vehicle and Traffic Law by providing that applicants who have a nonap-
parent disability shall, upon request of the applicant, receive a
distinguishing mark, in the form of a butterfly, on their identification
card that represents all types of nonapparent disabilities. 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 4 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 nonapparent disability.
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 nonapparent disability shall,
upon request of the applicant, contain a distinguishing mark, in such
form of a butterfly, that represents all types of nonapparent disabili-
ties.
Section 6 amends subdivision 1 of Section 840 of the executive law by
adding a new paragraph (n) that establishes and implements a training
program for all current and new police officers and peace officers
regarding how to interact with individuals with a nonapparent disability
notation on their drivers' license or identification card.
Section 7 is the effective date.
 
JUSTIFICATION:
Many New Yorkers live with nonapparent disabilities, conditions that may
not be obvious to others, such as anxiety disorders, autism spectrum
differences, PTSD, or other neurological and developmental challenges.
These disabilities can affect an individual's communication, behavior,
or processing under stress, yet often go completely unrecognized by
others.
When a disability is invisible, the risk of misunderstanding, miscommu-
nication, or escalation increases. By offering an optional, discreet
symbol on a state-issued ID card, individuals can give others, especial-
ly law enforcement, first responders, and service providers, a voluntary
cue that they may need slightly different engagement.
Eric's ID Law is named after a Maryland advocate who developed this idea
and successfully pushed for the passage of a similar bill in that state,
where it is now law. The bill uses a butterfly symbol, Maryland's chosen
icon, which is increasingly recognized as a symbol for nonapparent disa-
bilities.
This tool is voluntary, privacy-protecting, and empowering. It allows
people to signal their needs on their own terms without requiring inva-
sive documentation or creating stigma. This legislation enhances public
safety, strengthens dignity and independence for New Yorkers with nonap-
parent disabilities, and fills a critical gap in how our state identi-
fies and supports disability accommodations in real-time interactions.
 
LEGISLATIVE HISTORY:
2025: 5.6396 - Referred to Transportation/A.1549 - Referred to Transpor-
tation
2023-2024: 5.5519 - Referred to Transportation/A.3814 - Referred to
Transportation
2021-2022: S.1986 - Referred to Transportation
2019-2020: S.6447 Referred to Transportation/A.8301 - Referred to Trans-
portation
 
STATE AND LOCAL FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

Statutes affected:
S6396: 490 vehicle and traffic law, 490(3) vehicle and traffic law, 502 vehicle and traffic law, 502(1) vehicle and traffic law, 504 vehicle and traffic law, 504(1) vehicle and traffic law
S6396A: 490 vehicle and traffic law, 490(3) vehicle and traffic law, 502 vehicle and traffic law, 502(1) vehicle and traffic law, 504 vehicle and traffic law, 504(1) vehicle and traffic law, 840 executive law, 840(1) executive law