STATE OF NEW YORK
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1340--A
Cal. No. 112
2011-2012 Regular Sessions
IN SENATE
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:
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03017-03-2
S. 1340--A 2
1 law, and consistent with any applicable written practice agreement, duly
2 licensed to practice medicine in this state, or, pursuant to subdivision
3 four-a of this section, a podiatrist duly licensed to practice podiatry
4 in this state or, pursuant to subdivision four-b of this section, an
5 optometrist duly licensed to practice optometry in this state, as
6 constituting an equal degree of disability (specifying the particular
7 condition) so as to prevent such person from getting around without
8 great difficulty in accordance with subdivision two of this section; or
9 (b) The commissioner may require the applicant for registration to
10 furnish such proof of his or her disability or such proof of disability
11 of such members of his or her family from a physician, physician assist-
12 ant or nurse practitioner, to the extent authorized by law, including
13 the education law, and consistent with any applicable written practice
14 agreement, or podiatrist pursuant to subdivision four-a of this section
15 or optometrist pursuant to subdivision four-b of this section, as the
16 commissioner deems necessary either for initial registration or renewal
17 thereof; provided, however, that a handicapped or disabled permit issued
18 by a municipality to such applicant pursuant to section twelve hundred
19 three-a of this chapter shall be deemed sufficient proof of disability
20 for purposes of this paragraph.
21 4-b. Certification of disability by an optometrist. An optometrist
22 duly licensed to practice optometry in this state may certify only those
23 conditions which he or she treats in the course of the practice of opto-
24 metry, as defined in section seventy-one hundred one of the education
25 law.
26 § 2. This act shall take effect on the thirtieth day after it shall
27 have become a law.
