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.