STATE OF NEW YORK ________________________________________________________________________ 5544 2017-2018 Regular Sessions IN ASSEMBLY February 10, 2017 ___________ Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Real Property Taxation AN ACT to amend the real property tax law, in relation to enabling chiropractors to certify disability; to amend the vehicle and traffic law, in relation to enabling chiropractors to certify disability for the purpose of issuance of handicapped license plates and registra- tion; and to amend the education law, in relation to enabling chiro- practors to be employed by school districts to provide school health services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 459 of the real property tax law, 2 as amended by chapter 265 of the laws of 2013, is amended to read as 3 follows: 4 2. To qualify as physically disabled for the purposes of this section, 5 an individual shall submit to the assessor a certified statement from a 6 physician or chiropractor licensed to practice in the state on a form 7 prescribed and made available by the commissioner which states that the 8 individual has a permanent physical impairment which substantially 9 limits one or more of such individual's major life activities, except 10 that an individual who has obtained a certificate from the state commis- 11 sion for the blind stating that such individual is legally blind may 12 submit such certificate in lieu of a physician's certified statement. 13 § 2. Subdivision 4 and paragraph (b) of subdivision 5 of section 404-a 14 of the vehicle and traffic law, as amended by chapter 376 of the laws of 15 2015, are amended to read as follows: 16 4. Issue of plates. The commissioner shall issue sets of plates to 17 such person in accordance with subdivision two of this section with 18 proof of such disability of such person or such members of his or her 19 family certified by a physician, physician assistant, chiropractor or 20 nurse practitioner, to the extent authorized by law and consistent with EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06603-01-7A. 5544 2 1 subdivision three of section six thousand nine hundred two of the educa- 2 tion law, or podiatrist pursuant to subdivision four-a of this section 3 or optometrist pursuant to subdivision four-b of this section, to the 4 satisfaction of the commissioner who is empowered to carry out the 5 effects of this section by formulating rules and regulations. 6 For the purposes of this section, a "severely disabled person" shall 7 mean any person having any one or more of the following impairments, 8 disabilities or conditions which are permanent in nature: 9 (a) Has limited or no use of one or both lower limbs; 10 (b) Has a neuro-muscular dysfunction which severely limits mobility; 11 (c) Has a physical or mental impairment or condition which is other 12 than those specified above, but is of such nature as to impose unusual 13 hardship in utilization of public transportation facilities and such 14 condition is certified by a physician, physician assistant or nurse 15 practitioner, to the extent authorized by law and consistent with subdi- 16 vision three of section six thousand nine hundred two of the education 17 law, duly licensed to practice in this state, or, pursuant to subdivi- 18 sion four-a of this section, a podiatrist duly licensed to practice 19 podiatry in this state or, pursuant to subdivision four-b of this 20 section, an optometrist duly licensed to practice optometry in this 21 state, as constituting an equal degree of disability (specifying the 22 particular condition) so as to prevent such person from getting around 23 without great difficulty in accordance with subdivision two of this 24 section; or 25 (d) A blind person. 26 (b) The commissioner may require the applicant for registration to 27 furnish such proof of his or her disability or such proof of disability 28 of such members of his or her family from a physician, physician assist- 29 ant, chiropractor or nurse practitioner, to the extent authorized by law 30 and consistent with subdivision three of section six thousand nine 31 hundred two of the education law, or podiatrist pursuant to subdivision 32 four-a of this section or optometrist pursuant to subdivision four-b of 33 this section, as the commissioner deems necessary either for initial 34 registration or renewal thereof; provided, however, that a handicapped 35 or disabled permit issued by a municipality to such applicant pursuant 36 to section twelve hundred three-a of this chapter shall be deemed suffi- 37 cient proof of disability for purposes of this paragraph. 38 § 3. Subdivision 1 of section 902 of the education law, as amended by 39 chapter 477 of the laws of 2004, is amended to read as follows: 40 1. As used in this article "health professionals" means persons duly 41 licensed or otherwise authorized to practice a health profession pursu- 42 ant to applicable law, including, but not limited to, physicians, regis- 43 tered professional nurses, nurse practitioners, physicians assistants, 44 optometrists, dentists, dental hygienists, chiropractors, dietitians and 45 nutritionists, and audiologists. 46 § 4. This act shall take effect on the sixtieth day after it shall 47 have become a law.