senate Bill S1340A

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

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Sponsored By

Archive: Last Bill Status Via A7574 - Signed by Governor


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

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Actions

view actions (21)
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 19, 2012 substituted by a7574a
May 30, 2012 amended on third reading (t) 1340a
Jan 30, 2012 advanced to third reading
Jan 24, 2012 2nd report cal.
Jan 23, 2012 1st report cal.112
Jan 04, 2012 referred to transportation
returned to senate
died in assembly
Jun 22, 2011 referred to transportation
delivered to assembly
passed senate
Jun 01, 2011 advanced to third reading
May 25, 2011 2nd report cal.
May 24, 2011 1st report cal.810
Jan 06, 2011 referred to transportation

Votes

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Jan 23, 2012 - Transportation committee Vote

S1340
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

May 24, 2011 - Transportation committee Vote

S1340
17
0
committee
17
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1340 - Bill Details

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

S1340 - Bill Texts

view summary

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

view 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.

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                    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.

Co-Sponsors

S1340A (ACTIVE) - Bill Details

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

S1340A (ACTIVE) - Bill Texts

view summary

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

view 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 full text
download pdf
                    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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