S T A T E O F N E W Y O R K
________________________________________________________________________
9663
I N A S S E M B L Y
January 30, 2018
___________
Introduced by M. of A. PERRY -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to certif-
ication of disability by the United States department of veterans
affairs, veterans' administration or appeals board, and establishing a
metered parking exemption for recipients of the Purple Heart and disa-
bled veterans
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision 4 of section 404-a of
the vehicle and traffic law, as amended by chapter 376 of the laws of
2015, is amended 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, OR THE UNITED
STATES VETERANS' ADMINISTRATION OR THE APPEALS BOARD THEREOF PURSUANT TO
SUBDIVISION FOUR-C OF THIS SECTION, to the extent authorized by law and
consistent with subdivision three of section six thousand nine hundred
two of the education law, 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.
§ 2. Section 404-a of the vehicle and traffic law is amended by adding
a new subdivision 4-c to read as follows:
4-C. CERTIFICATION OF THE UNITED STATES VETERANS' ADMINISTRATION OR
APPEALS BOARD. AN ADMINISTRATOR DULY AUTHORIZED BY THE UNITED STATES
VETERANS' ADMINISTRATION MAY CERTIFY A VETERAN AS DISABLED BY ISSUANCE
OF A DISABILITY CERTIFICATION LETTER OR FORM WHEN SUCH LETTER OR FORM IS
CONNECTED TO MOBILITY ISSUES.
§ 3. Section 1203-h of the vehicle and traffic law, as added by chap-
ter 243 of the laws of 2007, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13451-02-8
A. 9663 2
§ 1203-h. Metered parking waiver for certain [disabilities] PERSONS.
1. The commissioner shall distribute metered parking waiver permits to
the governing bodies of all cities, villages and towns[; provided,
however, that the commissioner shall not distribute such permits to
cities having a population of one million or more which issue special
vehicle identification parking permits pursuant to paragraph fifteen of
subdivision a of section twenty-nine hundred three of the New York city
charter] which waive the payment of metered parking fees. Notwithstand-
ing any local law or ordinance to the contrary, such permits shall enti-
tle any vehicle displaying such waiver permit to park at any metered
parking space in any city, village or town of the state and such permits
shall waive metered parking fees imposed by such city or village pursu-
ant to paragraph nine of subdivision (a) of section sixteen hundred
forty of this chapter or imposed by such town pursuant to paragraph nine
of subdivision (a) of section sixteen hundred sixty of this chapter.
Provided, however, that such permit shall not waive any time limit at a
metered parking space imposed pursuant to paragraph nine of subdivision
(a) of section sixteen hundred forty of this chapter or paragraph nine
of subdivision (a) of section sixteen hundred sixty of this chapter that
is applicable to a motor vehicle parking in such metered parking space
without such permit.
2. The application, permit design, period of validity, and procedures
for reissuance of such waiver permits shall be as determined by the
commissioner.
3. Such waiver permits shall be issued by issuing agents appointed
pursuant to subdivision one of section twelve hundred three-a of this
article by governing bodies of cities, villages and towns [having a
population of less than one million] to THE FOLLOWING persons [with
disabilities] who:
(a) are residents of New York state; and
(b) are 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 SUCH 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
(c) hold a valid driver's license issued by New York state; and
(d) (I) are severely disabled persons, as defined in subdivision four
of section four hundred four-a of this chapter, whose severe disability,
as certified by a licensed physician, limits one or more of the follow-
ing:
[(i)] (A) fine motor control in both hands;
[(ii)] (B) ability to reach or access a parking meter due to use of a
wheelchair or other ambulatory device; or
[(iii)] (C) ability to reach a height of forty-two inches from the
ground due to the lack of finger, hand or upper extremity strength or
mobility; OR
(II) ARE DISABLED VETERANS, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION EIGHTY-FIVE OF THE CIVIL SERVICE LAW; OR
(III) ARE RECIPIENTS OF THE PURPLE HEART MEDAL.
4. For the purposes of this section, such waiver permit shall be for
use exclusively in a vehicle when the person to whom it has been issued
is driving and unaccompanied by a person able to put payment into a
parking meter. Such permit shall not be transferable and shall be
forfeited if used by any other person. Any abuse by any person to whom
A. 9663 3
such waiver permit has been issued shall be sufficient cause for revoca-
tion of said permit.
5. The special metered parking waiver permit issued by the commission-
er shall be recognized statewide and is the only valid permit[, other
than a special vehicle identification parking permit issued by cities
having a population of one million or more pursuant to paragraph fifteen
of subdivision a of section twenty-nine hundred three of the New York
city charter,] for the waiver of metered parking fees for [certain
severely disabled drivers] THE PERSONS DEFINED IN SUBDIVISION THREE OF
THIS SECTION.
6. A person who knowingly and willfully, with the intent to deceive,
makes a false statement or gives information which such individual knows
to be false to a public official to obtain a metered parking waiver
permit in addition to any other penalty provided by law, shall be
subject to a civil penalty of not less than two hundred fifty dollars
nor more than one thousand dollars.
§ 4. This act shall take effect immediately, except that section three
of this act shall take effect on the one hundred eightieth day after
this act shall have become a law; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of section three of this act on
its effective date are authorized and directed to be made and completed
on or before such effective date.