Bill Text: NY A00249 | 2017-2018 | General Assembly | Amended


Bill Title: Establishes identification cards for individuals with developmental disabilities.

Spectrum: Moderate Partisan Bill (Democrat 34-8)

Status: (Passed) 2018-08-24 - signed chap.209 [A00249 Detail]

Download: New_York-2017-A00249-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         249--C
                                                                Cal. No. 171
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 5, 2017
                                       ___________
        Introduced  by  M.  of  A.  SANTABARBARA,  ABINANTI,  SEPULVEDA, COLTON,
          MOSLEY, MONTESANO, COOK, ORTIZ, TITONE, BENEDETTO, BLAKE,  RICHARDSON,
          STECK,  STIRPE,  ZEBROWSKI,  LENTOL,  JENNE,  BARRETT, GUNTHER, RAMOS,
          PALMESANO, TITUS, WEPRIN,  JAFFEE,  WOERNER,  MURRAY,  HYNDMAN,  FAHY,
          M. G. MILLER, BARRON, McDONALD, BRAUNSTEIN, PERRY, WALSH, M. L. MILLER
          --  Multi-Sponsored by -- M. of A. ABBATE, CROUCH, ENGLEBRIGHT, GALEF,
          McDONOUGH, RAIA, SIMON -- read once and referred to the  Committee  on
          Transportation  -- reference changed to the Committee on Mental Health
          -- reported and referred  to  the  Committee  on  Ways  and  Means  --
          advanced  to  a third reading, passed by Assembly and delivered to the
          Senate, recalled from the Senate,  vote  reconsidered,  bill  amended,
          ordered  reprinted,  retaining its place on the order of third reading
          -- again amended on third reading, ordered  reprinted,  retaining  its
          place on the order of third reading -- repassed by Assembly and deliv-
          ered  to the Senate, recalled from the Senate, vote reconsidered, bill
          amended, ordered reprinted, retaining its place on the order of  third
          reading
        AN  ACT  to  amend  the mental hygiene law, in relation to providing for
          identification cards for individuals with developmental disabilities
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The mental hygiene law is amended by adding a new section
     2  13.43 to read as follows:
     3  § 13.43 Disabilities identification card.
     4    (a) The commissioner shall develop  an  identification  card  denoting
     5  that a person has been medically diagnosed with a developmental disabil-
     6  ity.    Such  identification  card  may be presented to law enforcement,
     7  firefighters and emergency medical services personnel as necessary.
     8    (b) Upon the request of a person with developmental  disabilities,  or
     9  the  guardian  or  caregiver of such person, the office shall issue such
    10  developmental disabilities identification card in accordance with eligi-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05256-07-7

        A. 249--C                           2
     1  bility and documentation criteria established by the office for a fee to
     2  be determined by the commissioner.
     3    (c)  The  front of such card shall indicate that it has been issued by
     4  the office pursuant to this section and shall include:
     5    (1) the card bearer's name;
     6    (2) the card bearer's address;
     7    (3) the card bearer's date of birth; and
     8    (4) the following statement: "I HAVE A DEVELOPMENTAL DISABILITY. I MAY
     9  HAVE DIFFICULTY UNDERSTANDING  AND  FOLLOWING  YOUR  DIRECTIONS  OR  MAY
    10  BECOME UNABLE TO RESPOND. I MAY BECOME PHYSICALLY AGITATED IF YOU PROMPT
    11  ME  VERBALLY  OR TOUCH ME OR MOVE TOO CLOSE TO ME. A DEVELOPMENTAL DISA-
    12  BILITY IS NOT AN EXCUSE FOR ILLEGAL BEHAVIOR.  I  AM  NOT  INTENTIONALLY
    13  REFUSING  TO  COOPERATE. I MAY NEED YOUR ASSISTANCE. PLEASE SEE THE BACK
    14  OF THIS CARD."
    15    (d) The back of such card shall include:
    16    (1) at the card bearer's discretion, the name and phone number  of  an
    17  individual  designated  by  such  card bearer to be contacted in case of
    18  emergency; and
    19    (2) a designated space where such card bearer may  include  any  addi-
    20  tional information.
    21    § 2. This act shall take effect on the one hundred eightieth day after
    22  it  shall  have  become a law; provided that, effective immediately, the
    23  addition, amendment, and/or repeal of any rules and  regulations  neces-
    24  sary  to  implement the provisions of this act on its effective date are
    25  authorized and directed to be completed  on  or  before  such  effective
    26  date.
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