Bill Text: NY A09663 | 2017-2018 | General Assembly | Introduced

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Bill Title: Allows certification of disability by the United States veterans' administration or the appeals board thereof; and includes disabled veterans and recipients of the Purple Heart as persons eligible for a metered parking exemption.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-30 - referred to transportation [A09663 Detail]

Download: New_York-2017-A09663-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9663
                   IN ASSEMBLY
                                    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:
     1    Section  1. The opening paragraph of subdivision 4 of section 404-a of
     2  the vehicle and traffic law, as amended by chapter 376 of  the  laws  of
     3  2015, is amended to read as follows:
     4    The  commissioner shall issue sets of plates to such person in accord-
     5  ance with subdivision two of this section with proof of such  disability
     6  of  such  person  or  such  members  of his or her family certified by a
     7  physician, physician assistant [or], nurse practitioner, or  the  United
     8  States veterans' administration or the appeals board thereof pursuant to
     9  subdivision  four-c of this section, to the extent authorized by law and
    10  consistent with subdivision three of section six thousand  nine  hundred
    11  two  of  the education law, or podiatrist pursuant to subdivision four-a
    12  of this section or optometrist pursuant to subdivision  four-b  of  this
    13  section,  to  the  satisfaction  of the commissioner who is empowered to
    14  carry out the effects of this section by  formulating  rules  and  regu-
    15  lations.
    16    § 2. Section 404-a of the vehicle and traffic law is amended by adding
    17  a new subdivision 4-c to read as follows:
    18    4-c.  Certification  of  the United States veterans' administration or
    19  appeals board. An administrator duly authorized  by  the  United  States
    20  veterans'  administration  may certify a veteran as disabled by issuance
    21  of a disability certification letter or form when such letter or form is
    22  connected to mobility issues.
    23    § 3. Section 1203-h of the vehicle and traffic law, as added by  chap-
    24  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
     1    §  1203-h.  Metered parking waiver for certain [disabilities] persons.
     2  1. The commissioner shall distribute metered parking waiver  permits  to
     3  the  governing  bodies  of  all  cities,  villages and towns[; provided,
     4  however, that the commissioner shall  not  distribute  such  permits  to
     5  cities  having  a  population of one million or more which issue special
     6  vehicle identification parking permits pursuant to paragraph fifteen  of
     7  subdivision  a of section twenty-nine hundred three of the New York city
     8  charter] which waive the payment of metered parking fees.  Notwithstand-
     9  ing any local law or ordinance to the contrary, such permits shall enti-
    10  tle  any  vehicle  displaying  such waiver permit to park at any metered
    11  parking space in any city, village or town of the state and such permits
    12  shall waive metered parking fees imposed by such city or village  pursu-
    13  ant  to  paragraph  nine  of  subdivision (a) of section sixteen hundred
    14  forty of this chapter or imposed by such town pursuant to paragraph nine
    15  of subdivision (a) of section sixteen hundred  sixty  of  this  chapter.
    16  Provided,  however, that such permit shall not waive any time limit at a
    17  metered parking space imposed pursuant to paragraph nine of  subdivision
    18  (a)  of  section sixteen hundred forty of this chapter or paragraph nine
    19  of subdivision (a) of section sixteen hundred sixty of this chapter that
    20  is applicable to a motor vehicle parking in such metered  parking  space
    21  without such permit.
    22    2.  The application, permit design, period of validity, and procedures
    23  for reissuance of such waiver permits shall  be  as  determined  by  the
    24  commissioner.
    25    3.  Such  waiver  permits  shall be issued by issuing agents appointed
    26  pursuant to subdivision one of section twelve hundred  three-a  of  this
    27  article  by  governing  bodies  of  cities, villages and towns [having a
    28  population of less than one million]  to  the  following  persons  [with
    29  disabilities] who:
    30    (a) are residents of New York state; and
    31    (b)  are  residents of the city, town or village in which such issuing
    32  agent is  located,  except  that,  an  issuing  agent,  in  his  or  her
    33  discretion,  may issue a permit to such a [severely disabled] person who
    34  is not a resident of the city, town, or village in  which  such  issuing
    35  agent  is  located where such person resides in a city, town, or village
    36  in which the governing body has not appointed an issuing agent; and
    37    (c) hold a valid driver's license issued by New York state; and
    38    (d) (i) are severely disabled persons, as defined in subdivision  four
    39  of section four hundred four-a of this chapter, whose severe disability,
    40  as  certified by a licensed physician, limits one or more of the follow-
    41  ing:
    42    [(i)] (A) fine motor control in both hands;
    43    [(ii)] (B) ability to reach or access a parking meter due to use of  a
    44  wheelchair or other ambulatory device; or
    45    [(iii)]  (C)  ability  to  reach a height of forty-two inches from the
    46  ground due to the lack of finger, hand or upper  extremity  strength  or
    47  mobility; or
    48    (ii) are disabled veterans, as defined in paragraph (b) of subdivision
    49  one of section eighty-five of the civil service law; or
    50    (iii) are recipients of the Purple Heart medal.
    51    4.  For  the purposes of this section, such waiver permit shall be for
    52  use exclusively in a vehicle when the person to whom it has been  issued
    53  is  driving  and  unaccompanied  by  a person able to put payment into a
    54  parking meter. Such permit  shall  not  be  transferable  and  shall  be
    55  forfeited  if  used by any other person. Any abuse by any person to whom
        A. 9663                             3
     1  such waiver permit has been issued shall be sufficient cause for revoca-
     2  tion of said permit.
     3    5. The special metered parking waiver permit issued by the commission-
     4  er  shall  be  recognized statewide and is the only valid permit[, other
     5  than a special vehicle identification parking permit  issued  by  cities
     6  having a population of one million or more pursuant to paragraph fifteen
     7  of  subdivision  a  of section twenty-nine hundred three of the New York
     8  city charter,] for the waiver  of  metered  parking  fees  for  [certain
     9  severely  disabled  drivers] the persons defined in subdivision three of
    10  this section.
    11    6. A person who knowingly and willfully, with the intent  to  deceive,
    12  makes a false statement or gives information which such individual knows
    13  to  be  false  to  a  public official to obtain a metered parking waiver
    14  permit in addition to any  other  penalty  provided  by  law,  shall  be
    15  subject  to  a  civil penalty of not less than two hundred fifty dollars
    16  nor more than one thousand dollars.
    17    § 4. This act shall take effect immediately, except that section three
    18  of this act shall take effect on the one  hundred  eightieth  day  after
    19  this  act  shall  have  become  a law; provided, however, that effective
    20  immediately, the addition, amendment and/or repeal of any rule or  regu-
    21  lation  necessary for the implementation of section three of this act on
    22  its effective date are authorized and directed to be made and  completed
    23  on or before such effective date.