What's happening
This bill allows disabled veterans and Purple Heart recipients to be exempt from metered parking fees and expands who can certify disabilities for vehicle plates.
Why it matters
Makes it easier for disabled veterans to qualify for special vehicle plates. by allowing certification of their disability directly from the U.S. Department of Veterans Affairs or its appeals board, not just from medical professionals—streamlining access and acknowledging federal decisions.
Extends metered parking fee exemptions to both disabled veterans and Purple Heart recipients statewide,. recognizing their service and sacrifice, and ensuring consistent parking benefits regardless of local rules or city size.
Reduces administrative barriers. by expanding who can verify disability for the purpose of special parking privileges, likely speeding up plate and permit processing and reducing the burden on applicants.
Specifically includes mobility-related disabilities certified by the VA. as qualifying for these benefits, ensuring veterans with mobility challenges are not excluded due to differences in how disabilities are documented or recognized.
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Who cares
Headline styles
Veterans Can Certify Disability
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 40
No co-sponsors yet.
History
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let VA Certify Disabilities
In Assembly Committee · Transportation · Sponsor N. Nick Perry
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7442
IN SENATE
January 18, 2018
Introduced by Sen. MURPHY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to certification 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 disabled veterans
The People of the State of New York, represented in Senate and Assembly, 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 accordance 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 regulations.
§ 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 chapter 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
S. 7442 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. Notwithstanding any local law or ordinance to the contrary, such permits shall entitle 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 pursuant 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 following:
[(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
S. 7442 3
such waiver permit has been issued shall be sufficient cause for revocation of said permit.
5. The special metered parking waiver permit issued by the commissioner 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 regulation 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose
To permit veterans the use of letters written by the VA certifying their service connected disability rating, or stating the veteran has a non- service connected disability, to obtain disabled veteran license plates issued by the New York Department of Motor Vehicles. To grant metered parking exemption to Purple Heart recipients and disabled veterans.
Summary of provisions
Section one amends subdivision four of section 404-a of the Vehicle and Traffic Law, as amended by chapter 376 of the laws of 2015 to authorize the commissioner of the New York Department of Motor Vehicles to accept as proof of disability proof provided by the United Stated veteran's administration or appeals board according to subdivision 4-c of section 404-a.
Read the full memo (907 words)
Section two adds subdivision 4-c to section 404-a of the Vehicle and Traffic law to allows an administrator of the United States veterans' administration to certify a veteran as disabled by issuance of a disa- bility certification letter or form when the letter or form is connected to mobility issues.
Section three amends section 1203-h of the Vehicle and Traffic law, as added by chapter 243 of the laws of 2007 to change the section heading title to remove disabilities and include persons. Section three further includes disabled veterans, as defined in paragraph b of subdivision 1 of section 85 of the Civil Service law or recipients of the Purple Heart medal as persons eligible for metered parking waiver. Section three additionally amends subdivision 5 of section 1203-h the make a special metered parking waiver authorized by the commissioner valid statewide.
Section four provides for an effective date.
Justification
Currently, the DMV does not permit a veteran to use as proof of his or her disability a certified letter written by an Administrator of the United States Department of Veterans Affairs to establish that the veteran is disabled for the purposes of qualifying for a handicapped license plate. By failing to accept these letters as proof of the veter- an's need, these veterans are required to seek an additional certif- ication from a licensed physician.
Veterans who have received an award letter or form certifying their disability have reached the end of a long and cumbersome administrative procedure. That federal administrative procedure often has the veteran submit to examination by a licensed veterans' administration physician as a part of the veteran's claim for a service-connected disability. These veterans' administration physicians examine the veteran and convey their thoughts on the examination to the veterans' administration admin- istrator in charge of the veteran's claim. Only after an administrator reviews the physician's notes is a determination made on the certif- ication of a service-connected disability, and an award letter or form generated and sent to the veteran. Failure to use these letters or forms then requires that veterans who have already traversed the U.S. depart- ment of veterans' administration Disability Compensation Claims process to seek additional appointments to be examined by a licensed physician. Currently, there are thousands of New York veterans who are on a wait list to receive an appointment to be seen by a physician. Some of whom have been on waiting lists for appointments in excess of 120 days or more.
The veterans' administration administrators who make these decisions do so on the basis of prior medical examinations made by a physician, physician assistant, or nurse practitioner. To require a veteran who has endured the claims process and received a disability certification, to then have to schedule an appointment with a licensed physician for certification is a burden that these veterans should not have to bear.
Additionally, recipients of the Purple Heart medal and other disabled veterans have sacrificed their minds and bodies in the name of our coun- try. All too frequently, due to the severity of their injuries, these veterans regularly face increased financial burdens. Often these veter- ans face physical and mental injuries that require accommodations, and therapy sessions, in order to assist them as they transition back to their families, homes, and communities. In many other instances, these service members must undergo years of treatment to recover from their injuries. To receive treatment these veterans travel to treatment facil- ities, which may be located in areas where metered parking is the used by the city, town, or local municipality.
This bill seeks to honor the deeds of these heroes by relieving one of many financial burdens these service members face, paying for metered parking. Not only is it proper that we find methods to alleviate these increased financial burdens for these heroes, but it is essential that we continue to honor these sacrifices whenever possible.
Legislative history
New Bill.
Fiscal implications
To Be Determined.
Effective date
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 imme- diately, the addition, amendment and/or repeal of any rule or regulation 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.
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