NY State Senate Bill 2009-S7486

Senate Bill S7486

2009-2010 Legislative Session

Relates to the certifications of disability for severely disabled persons to obtain certain motor vehicle registrations, plates and permits

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 10, 2010	advanced to third reading
Jun 09, 2010	2nd report cal.
Jun 08, 2010	1st report cal.875
Apr 14, 2010	referred to transportation

Votes

- Jun 8, 2010 - Transportation Committee Vote
  S7486
  
  18
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Jun 8, 2010
      
      aye (18)
      
      Addabbo Jr.
      
      Aubertine
      
      Diaz
      
      Dilan
      
      Foley
      
      Fuschillo
      
      Lanza
      
      Larkin
      
      Libous
      
      Nozzolio
      
      Perkins
      
      Robach
      
      Savino
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Volker
      
      Young
      
      excused (1)
      
      Johnson

2009-S7486 (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§404-a & 1203-a, V & T L

2009-S7486 (ACTIVE) - Summary

Relates to the certifications of disability for severely disabled persons to obtain certain motor vehicle registrations, plates and permits.

2009-S7486 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7486

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to
certifications of disability for severely disabled persons to obtain
certain motor vehicle registrations, plates and permits


 PURPOSE :

To authorize certifications of disability by optometrists related to
motor vehicle registrations, license plates, and parking permits for
severely disabled and handicapped persons.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Vehicle and Traffic Law § 404-a to
authorize the commissioner of motor vehicles to accept a certification
of disability from an optometrist for purposes of issuing a motor
vehicle registration and disabled person plates to a severely disabled
person.

§ 2 would amend Vehicle and Traffic Law § l203-a to authorize an
optometrist to certify that a person is temporarily unable to move
from location to location without the aid of an "assisting device," as

a condition for the issuance by a municipality of a temporary special
vehicle identification (i.e., handicap) parking permit.

 EXISTING LAW :

Vehicle and Traffic Law § 404-a authorizes a physician, physician
assistant, nurse practitioner, or podiatrist to certify disabilities
to support issuance of a distinctive motor vehicle registration and
license plates to a severely disabled person. Such disabilities
include: limited or no use of one or both lower limbs; neuro-muscular
dysfunction which severely limits mobility; other physical or mental
impairments or conditions; and blindness.

Vehicle and Traffic Law § 1203-a authorizes a physician to certify
that a person is temporarily unable to move from location to location
without the aid of an "assisting device" as a condition for the
issuance by a municipality of a temporary special vehicle
identification (i.e., handicap) parking permit.

 STATEMENT IN SUPPORT :

The purpose of this bill is to help persons with disabilities lead
independent lives through the benefits provided by motor vehicle
handicap registrations and license plates, and handicap parking
permits. This bill would assist in that effort by authorizing severely
disabled persons to use certifications from optometrists to support
their applications for these purposes. Under current law,
certifications of disability from optometrists are not authorized by
the Department of Motor Vehicles or municipalities for purposes of
justifying the issuance of registrations, license plates and special
permits; while certifications are accepted from other healthcare
providers including physicians, physician assistants, nurse
practitioners, and podiatrists.

It is within optometrists' scope of practice, education and training,
and as provided in their licensure and registration by the State
Education Department, to diagnose eye conditions, including low-vision
and blindness. Since persons suffering from these conditions often
have optometrists as their primary eye care provider, it is
appropriate that they be able to have their optometrists certify to
their disability - and for the Department of Motor Vehicles and
municipalities to accept such certifications. The bill would provide
that optometrists may only certify to disabilities within their scope
of practice - that is eye and vision conditions, and would not
authorize optometrists to certify disabilities unrelated to eye
conditions such as medical conditions concerning the use of lower
limbs, neuro-muscular dysfunctions that severely limit mobility,
mental impairments, and most other physical conditions.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect thirty days after it shall have become a
law.

2009-S7486 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7486

                            I N  S E N A T E

                             April 14, 2010
                               ___________

Introduced  by  Sen.  DILAN  -- 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  certif-
  ications of disability for severely disabled persons to obtain certain
  motor vehicle registrations, plates and permits

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph and paragraph (c)  of  subdivision  4
and  paragraph  (b) of subdivision 5 of section 404-a of the vehicle and
traffic law, as amended by chapter 228 of the laws of 2008, are  amended
and a new subdivision 4-b is added to read as follows:
  The  commissioner shall issue sets of plates to such person in accord-
ance with subdivision two of this section with proof of such  disability
of  such  person or such members of his family certified by a physician,
physician assistant or nurse practitioner, to the extent  authorized  by
law,  including  the  education  law, and consistent with any applicable
written practice agreement, or podiatrist pursuant to subdivision four-a
of this section OR OPTOMETRIST PURSUANT TO SUBDIVISION  FOUR-B  OF  THIS
SECTION,  to  the  satisfaction  of the commissioner who is empowered to
carry out the effects of this section by  formulating  rules  and  regu-
lations.
  (c)  Has  a  physical or mental impairment or condition which is other
than those specified above, but is of such nature as to  impose  unusual
hardship  in  utilization  of  public transportation facilities and such
condition is certified by a  physician,  physician  assistant  or  nurse
practitioner,  to  the extent authorized by law, including the education
law, and consistent with any applicable written practice agreement, duly
licensed to practice medicine in this state, or, pursuant to subdivision
four-a of this section, a podiatrist duly licensed to practice  podiatry
in  this  state  OR,  PURSUANT TO SUBDIVISION FOUR-B OF THIS SECTION, AN
OPTOMETRIST DULY LICENSED  TO  PRACTICE  OPTOMETRY  IN  THIS  STATE,  as
constituting  an  equal  degree of disability (specifying the particular
condition) so as to prevent such  person  from  getting  around  without
great difficulty in accordance with subdivision two of this section; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD16626-01-0

S. 7486                             2

  (b)  The  commissioner  may  require the applicant for registration to
furnish such proof of his disability or such proof of disability of such
members of his family from a physician,  physician  assistant  or  nurse
practitioner,  to  the extent authorized by law, including the education
law,  and  consistent with any applicable written practice agreement, or
podiatrist pursuant to subdivision four-a of this section OR OPTOMETRIST
PURSUANT TO SUBDIVISION FOUR-B OF  THIS  SECTION,  as  the  commissioner
deems  necessary  either  for  initial  registration or renewal thereof;
provided, however, that a handicapped or disabled  permit  issued  by  a
municipality  to  such  applicant  pursuant  to  section  twelve hundred
three-a of this chapter shall be deemed sufficient proof  of  disability
for purposes of this paragraph.
  4-B.  CERTIFICATION  OF  DISABILITY  BY AN OPTOMETRIST. AN OPTOMETRIST
DULY LICENSED TO PRACTICE OPTOMETRY IN THIS STATE MAY CERTIFY ONLY THOSE
CONDITIONS WHICH HE OR SHE TREATS IN THE COURSE OF THE PRACTICE OF OPTO-
METRY, AS DEFINED IN SECTION SEVENTY-ONE HUNDRED ONE  OF  THE  EDUCATION
LAW.
  S  2.  Paragraph  (i)  of  subdivision  1 and subdivision 3 of section
1203-a of the vehicle and traffic law, paragraph (i) of subdivision 1 as
amended by chapter 180 of the laws of 1996 and subdivision 3 as  amended
by chapter 220 of the laws of 1984, are amended to read as follows:
  (i)  any resident of New York state who is a severely disabled person,
as defined in subdivision three of section four hundred four-a  of  this
chapter,  upon  application  of  such  person or such person's parent or
guardian, provided, however, that an issuing agent shall  issue  permits
only  to  residents  of  the city, town or village in which such issuing
agent is  located,  except  that,  an  issuing  agent,  in  his  or  her
discretion,  may issue a permit to a severely disabled person who is not
a resident of the city, town, or village in which such issuing agent  is
located  where  such person resides in a city, town, or village in which
the governing body has not appointed an issuing agent;  and  an  issuing
agent,  in  his or her discretion, may issue a temporary special vehicle
identification parking permit, as authorized  by  subdivision  three  of
this  section, to a person who is temporarily unable to ambulate without
the aid of an assisting device, as certified by a physician OR AN  OPTO-
METRIST PURSUANT TO SUBDIVISION FOUR-B OF SECTION FOUR HUNDRED FOUR-A OF
THIS CHAPTER, who resides in a city, town, or village in which the issu-
ing  agent does not issue temporary special vehicle identification park-
ing permits, or who is not a resident of the United States and is tempo-
rarily visiting the state; or
  3. Notwithstanding any provision of this chapter to the contrary,  any
municipality  may issue a temporary special vehicle identification park-
ing permit to any person who is temporarily unable to  ambulate  without
the  aid of an assisting device, as certified by a physician OR AN OPTO-
METRIST PURSUANT TO SUBDIVISION FOUR-B OF SECTION FOUR HUNDRED FOUR-A OF
THIS CHAPTER.   Such temporary special  vehicle  identification  parking
permit  shall  be valid for not more than six months and shall be recog-
nized statewide.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.