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A07574 Summary:

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A07574 Floor Votes:

A07574 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7574--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      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:
 
     1    Section 1. The opening paragraph and paragraph (c)  of  subdivision  4
     2  and  paragraph  (b) of subdivision 5 of section 404-a of the vehicle and
     3  traffic law, as amended by chapter 228 of the laws of 2008, are  amended
     4  and a new subdivision 4-b is added to read as follows:
     5    The  commissioner shall issue sets of plates to such person in accord-
     6  ance with subdivision two of this section with proof of such  disability
     7  of  such  person  or  such  members  of his or her family certified by a

     8  physician, physician assistant or  nurse  practitioner,  to  the  extent
     9  authorized  by law, including the education law, and consistent with any
    10  applicable written practice agreement, or podiatrist pursuant to  subdi-
    11  vision  four-a  of  this  section or optometrist pursuant to subdivision
    12  four-b of this section, to the satisfaction of the commissioner  who  is
    13  empowered  to carry out the effects of this section by formulating rules
    14  and regulations.
    15    (c) Has a physical or mental impairment or condition  which  is  other
    16  than  those  specified above, but is of such nature as to impose unusual
    17  hardship in utilization of public  transportation  facilities  and  such
    18  condition  is  certified  by  a  physician, physician assistant or nurse
    19  practitioner, to the extent authorized by law, including  the  education

    20  law, and consistent with any applicable written practice agreement, duly
    21  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
 
     1  four-a  of this section, a podiatrist duly licensed to practice podiatry
     2  in this state or, pursuant to subdivision four-b  of  this  section,  an
     3  optometrist  duly  licensed  to  practice  optometry  in  this state, as
     4  constituting  an  equal  degree of disability (specifying the particular
     5  condition) so as to prevent such  person  from  getting  around  without

     6  great difficulty in accordance with subdivision two of this section; or
     7    (b)  The  commissioner  may  require the applicant for registration to
     8  furnish such proof of his or her disability or such proof of  disability
     9  of such members of his or her family from a physician, physician assist-
    10  ant  or  nurse  practitioner, to the extent authorized by law, including
    11  the education law, and consistent with any applicable  written  practice
    12  agreement,  or podiatrist pursuant to subdivision four-a of this section
    13  or optometrist pursuant to subdivision four-b of this  section,  as  the
    14  commissioner  deems necessary either for initial registration or renewal
    15  thereof; provided, however, that a handicapped or disabled permit issued
    16  by a municipality to such applicant pursuant to section  twelve  hundred

    17  three-a  of  this chapter shall be deemed sufficient proof of disability
    18  for purposes of this paragraph.
    19    4-b. Certification of disability by  an  optometrist.  An  optometrist
    20  duly licensed to practice optometry in this state may certify only those
    21  conditions which he or she treats in the course of the practice of opto-
    22  metry,  as  defined  in section seventy-one hundred one of the education
    23  law.
    24    § 2. This act shall take effect on the thirtieth day  after  it  shall
    25  have become a law.