S1062-2013 Actions

• Jan 9, 2013: REFERRED TO TRANSPORTATION

S1062-2013 Memo

BILL NUMBER:S1062

TITLE OF BILL:  An act to amend the vehicle and traffic law, in relation
to penalties for certain handicapped parking violations

PURPOSE:
To raise the fine and increase the punishment for parking in a hand-
icapped spot.

SUMMARY OF PROVISIONS:
Subdivision 2 of section 1203-b of the vehicle and traffic law as
amended by chapter 203 of the laws of 1981, is amended to increase the
fine for parking in a handicapped parking space to $50-$100 for the
first offense and $100$150 and 2 points on the violator's record for the
second offense occurring within a period of two years within the same
municipality.

Subdivision 4 of section 1203-c of the vehicle and traffic law, as
amended by 613 of the laws of 2003, is amended to raise the minimum fine
for illegally parking in a handicapped parking space from $50-$75 to
$50-$100 for the first offense, and raise the minimum fine from $75-$150
to $100-150 for the second offense occur- ring within a period of two
years within the same municipality.

JUSTIFICATION:
All too often, able-bodied people are found parking in one of the
precious few parking spaces allotted for the handicapped at public
buildings, shopping malls and entertainment venues. Since the current
fine is a minuscule $25-50, there is no real deterrent for those indi-
viduals who knowingly violate the law. This bill would increase the fine
for illegally parking in a handicapped parking space by $25.

LEGISLATIVE HISTORY:
S.274A/A.138B of 2011/2012; Referred to Transportation
S.2149/A.1770 of 2009/2010; Referred to Transportation
S.949/A.231 of 2007/2008; Referred to Senate Transportation Committee
S.25/A.719 of 2005/2006; Referred to Senate Transportation Committee
S.5856/A.488A of 2003/2004; Advanced to Third Reading
A.4113 of 2001/2002
A.3815 of 1999/00

FISCAL IMPLICATIONS:
Increased revenue for the State.

EFFECTIVE DATE:
This  act  shall  take  effect on the one hundred eightieth day after it
shall have become a law; provided, however, that effective  immediately,
the  addition,  amendment and/or repeal of any rule or regulation neces-
sary for the implementation of  this  act  on  its  effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

S1062-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1062
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced by Sens. MAZIARZ, DeFRANCISCO, FUSCHILLO, LANZA -- 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 penalties
 for certain handicapped parking violations
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. Subdivision 2 of section 1203-b of the vehicle and traffic
 law, as amended by chapter 203 of the laws of 1981, is amended  to  read
 as follows:

 2.  [It]  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW OR REGULATION IT
 shall be a violation for any person to stop, stand or park a vehicle  in
 any  area designated as a place for handicapped parking unless the vehi
 cle bears a permit  issued  under  section  [one  thousand  two  hundred
 three-a] TWELVE HUNDRED THREE-A OF THIS ARTICLE or a registration issued
 under  section  four  hundred four-a of this chapter and such vehicle is
 being used for the transportation of a severely disabled or  handicapped
 person.  [This  subdivision  shall  not  apply to a violation of section
 twelve hundred three-c of this chapter.] ANY  PERSON  WHO  VIOLATES  THE
 PROVISIONS  OF  THIS  SUBDIVISION SHALL BE SUBJECT TO A FINE OF NOT LESS
 THAN FIFTY DOLLARS NOR MORE THAN  ONE  HUNDRED  DOLLARS  FOR  THE  FIRST
 OFFENSE  AND ONE HUNDRED TO ONE HUNDRED FIFTY DOLLARS AND THE IMPOSITION
 OF TWO POINTS ON THE VIOLATOR'S RECORD FOR THE SECOND OFFENSE  OCCURRING
 WITHIN A PERIOD OF TWO YEARS WITHIN THE SAME MUNICIPALITY.
 

S  2.  Subdivision 4 of section 1203-c of the vehicle and traffic law,
 as amended by chapter 613 of the laws of 2003, is  amended  to  read  as
 follows:

 4.  Except  as  otherwise provided by local law which imposes a larger
 maximum fine, any person who stops, stands or parks  in  spaces  clearly
 marked for use by the handicapped in accordance with this section, with
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02091-01-3
 
       S. 1062                             2
 out a special vehicle identification parking permit, a special municipal
 parking  permit  or  whose motor vehicle is not registered in accordance
 with section four hundred four-a of this chapter and being used for  the
 transportation of a handicapped person; or with such permit or registra
 tion  and  such person is not the one to whom the permit or registration
 was issued or is not transporting the person issued the permit or regis
 tration; or any person who parks in a handicapped parking access  aisle;
 shall  be subject to a fine of not less than fifty dollars nor more than
 [seventy-five] ONE HUNDRED dollars for the first offense  and  [seventy-
 five] ONE HUNDRED to one hundred fifty dollars AND THE IMPOSITION OF TWO
 POINTS  ON THE VIOLATOR'S RECORD for the second offense occurring within
 a period of two years within the same  municipality.  The  arresting  or
 ticketing  officer shall issue a summons to violators of this section. A
 ticketing officer issuing a summons pursuant to this section may provide
 for the removal and storage of a motor vehicle  illegally  parked  in  a
 handicapped parking space, or a handicapped parking access aisle.
 

S 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation 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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