senate Bill S1340

Amended

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 24 / May / 2011
    • 1ST REPORT CAL.810
  • 25 / May / 2011
    • 2ND REPORT CAL.
  • 01 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 22 / Jun / 2011
    • PASSED SENATE
  • 22 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 22 / Jun / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 23 / Jan / 2012
    • 1ST REPORT CAL.112
  • 24 / Jan / 2012
    • 2ND REPORT CAL.
  • 30 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 30 / May / 2012
    • AMENDED ON THIRD READING (T) 1340A
  • 19 / Jun / 2012
    • SUBSTITUTED BY A7574A

Summary

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

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Bill Details

Versions:
S1340
S1340A
Legislative Cycle:
2011-2012
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§404-a & 1203-a, V & T L
Versions Introduced in 2009-2010 Legislative Cycle:
A7574A, S7486

Sponsor Memo

BILL NUMBER:S1340

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:

2010: S.7486 - Advanced to 3rd Reading

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

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

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

                                  1340

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens. DILAN, DIAZ -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03017-01-1

S. 1340                             2

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
  (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.

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