senate Bill S1340A

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

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

Sponsor Memo

BILL NUMBER:S1340A

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 and plates

PURPOSE:

To authorize certifications of disability by optometrists related to
motor vehicle registrations and license plates 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.

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.

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. 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 and license plates;
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:

New bill.

FISCAL IMPLICATIONS:

Similar to S.7486 of 2010 - Advanced to 3rd Reading

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--A
    Cal. No. 112

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by Sens. DILAN, ADAMS, DIAZ -- read twice and ordered print-
  ed, and when printed to be committed to the Committee  on  Transporta-
  tion  --  recommitted to the Committee on Transportation in accordance
  with Senate Rule 6, sec. 8 -- reported favorably from said  committee,
  ordered  to  first  and  second  report,  ordered  to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

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 and plates

  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  OR  HER  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 subdi-
vision 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 regulations.
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03017-03-2

S. 1340--A                          2

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
  (b)  The  commissioner  may  require the applicant for registration to
furnish such proof of his OR HER disability or such proof of  disability
of such members of his OR HER family from a physician, physician assist-
ant  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. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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