BILL NUMBER: S6396
SPONSOR: JACKSON
 
TITLE OF BILL:
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
 
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.
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 paragraph (b) of subdivision 3 of section 490 of the
Vehicle and Traffic Law to provide that every identification card, at
the request of the applicant, shall contain a distinguishing mark that
is discreet and represents all types of disabilities, including cogni-
tive, neurological, or physical disabilities.
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 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 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 practi tioner; 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 affect 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:
2023-2024: S.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; provided, however, that section three of this act shall
take effect on the same date and in the same manner as section 97 of
part PP of chapter 56 of the laws of 2022, takes effect. Effective imme-
diately, 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.

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