NY State Assembly Bill 2011-A7574

Assembly Bill A7574

Signed By Governor

2011-2012 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 01, 2012	signed chap.277
Jul 20, 2012	delivered to governor
Jun 19, 2012	returned to assembly passed senate 3rd reading cal.112 substituted for s1340a
Jun 14, 2012	referred to rules delivered to senate passed assembly
Jun 13, 2012	ordered to third reading rules cal.154 rules report cal.154 reported
Jun 12, 2012	reported referred to rules
May 16, 2012	print number 7574a
May 16, 2012	amend (t) and recommit to transportation
Jan 04, 2012	referred to transportation
May 10, 2011	referred to transportation

Votes

- Jun 19, 2012 - Floor Vote
  A7574
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2012
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (3)
      
      Alesi
      
      Espaillat
      
      Huntley

Bill Amendments

Original

A (Active)

2011-A7574 - Details

See Senate Version of this Bill:: S1340
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§404-a & 1203-a, V & T L

2011-A7574 - Summary

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

2011-A7574 - Bill Text download pdf

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

                                  7574

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2011
                               ___________

Introduced  by M. of A. GANTT -- read once and referred 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

A. 7574                             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.

2011-A7574A (ACTIVE) - Details

See Senate Version of this Bill:: S1340
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§404-a & 1203-a, V & T L

2011-A7574A (ACTIVE) - Summary

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

2011-A7574A (ACTIVE) - Bill Text download pdf

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

                                 7574--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2011
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Transportation -- recommitted to the Committee on Transportation in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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
law, and consistent with any applicable written practice agreement, duly
licensed to practice medicine in this state, or, pursuant to subdivision

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03017-02-2

A. 7574--A                          2

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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