S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2253

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

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:

  Section 1. Subdivision 2 of section 459 of the real  property tax law,
as added by chapter 200 of the laws of 1983 and as  further  amended  by
subdivision  (b)  of  section  1  of part W of chapter 56 of the laws of
2010, is amended to read as follows:
  2. To qualify as physically disabled for the purposes of this section,
an individual shall submit to the assessor a certified statement from  a
physician  OR  CHIROPRACTOR  licensed to practice in the state on a form
prescribed and made available by the commissioner which states that  the
individual  has  a  permanent  physical  impairment  which substantially
limits one or more of such individual's major  life  activities,  except
that an individual who has obtained a certificate from the state commis-
sion for the blind and visually handicapped stating that such individual
is  legally  blind  may submit such certificate in lieu of a physician's
certified statement.
  S 2. Subdivision 4 and paragraph (b) of subdivision 5 of section 404-a
of the vehicle and traffic law, subdivision 4 as amended by chapter  686
of  the  laws  of  1994  and  the opening paragraph and paragraph (c) of
subdivision 4 and paragraph (b) of subdivision 5 as amended  by  chapter
277 of the laws of 2012, are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03761-01-3

A. 2253                             2

  4.  Issue  of  plates.  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,  CHIROPRACTOR  or
nurse  practitioner,  to  the  extent  authorized  by law, including the
education law, and  consistent  with  any  applicable  written  practice
agreement,  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.
  For the purposes of this section, a "severely disabled  person"  shall
mean  any  person  having  any one or more of the following impairments,
disabilities or conditions which are permanent in nature:
  (a) Has limited or no use of one or both lower limbs;
  (b) Has a neuro-muscular dysfunction which severely limits mobility;
  (c) Has a physical or mental impairment or condition  which  is  other
than  those  specified above, but is of such nature as to impose unusual
hardship in utilization of public  transportation  facilities  and  such
condition  is  certified  by  a  physician, physician assistant or nurse
practitioner, to the extent authorized by law, including  the  education
law, and consistent with any applicable written practice agreement, duly
licensed to practice medicine in this state, or, pursuant to subdivision
four-a  of this section, a podiatrist duly licensed to practice podiatry
in this state or, pursuant to subdivision four-b  of  this  section,  an
optometrist  duly  licensed  to  practice  optometry  in  this state, as
constituting an equal degree of disability  (specifying  the  particular
condition)  so  as  to  prevent  such person from getting around without
great difficulty in accordance with subdivision two of this section; or
  (d) A blind person.
  (b) The commissioner may require the  applicant  for  registration  to
furnish  such proof of his or her disability or such proof of disability
of such members of his or her family from a physician, physician assist-
ant, CHIROPRACTOR or nurse practitioner, to  the  extent  authorized  by
law,  including  the  education  law, and consistent with any applicable
written practice agreement, or podiatrist pursuant to subdivision four-a
of this section or optometrist pursuant to subdivision  four-b  of  this
section,  as  the commissioner deems necessary either for initial regis-
tration or renewal thereof; provided, however,  that  a  handicapped  or
disabled  permit  issued by a municipality to such applicant pursuant to
section twelve hundred three-a of this chapter shall  be  deemed  suffi-
cient proof of disability for purposes of this paragraph.
  S 3.  Subdivision 1 of section 902 of the education law, as amended by
chapter 477 of the laws of 2004, is amended to read as follows:
  1.  As  used in this article "health professionals" means persons duly
licensed or otherwise authorized to practice a health profession  pursu-
ant to applicable law, including, but not limited to, physicians, regis-
tered  professional  nurses, nurse practitioners, physicians assistants,
optometrists, dentists, dental hygienists, CHIROPRACTORS, dietitians and
nutritionists, and audiologists.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.