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

                                  2676

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2011
                               ___________

Introduced by M. of A. GABRYSZAK, GALEF, CASTRO -- Multi-Sponsored by --
  M. of A. BURLING, MAYERSOHN, McKEVITT, MILLMAN, PHEFFER, WEISENBERG --
  read once and referred to the Committee on Transportation

AN  ACT to amend the vehicle and traffic law, in relation to authorizing
  counties to establish a handicapped parking enforcement grant program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Article  2  of  title 2 of the vehicle and traffic law is
amended by adding a new section 224-b to read as follows:
  S  224-B.  HANDICAPPED  PARKING  ENFORCEMENT  GRANT  PROGRAM.     "THE
PROGRAM",  AS  USED  IN THIS SECTION, SHALL MEAN THE HANDICAPPED PARKING
ENFORCEMENT GRANT  PROGRAM,  A  PROGRAM  ESTABLISHED  PURSUANT  TO  THIS
SECTION, AND APPROVED BY THE COMMISSIONER.
  1.  PROGRAM ESTABLISHMENT.   (A) WHERE A COUNTY ESTABLISHES A PROGRAM,
PURSUANT TO THIS  SECTION,  IT  SHALL  RECEIVE  THE  TWENTY-FIVE  DOLLAR
SURCHARGE  COLLECTED  BY  ANY  COURT, JUDGE, MAGISTRATE OR OTHER OFFICER
WITHIN THAT COUNTY, INCLUDING,  WHERE  APPROPRIATE,  A  HEARING  OFFICER
ACTING ON BEHALF OF THE COMMISSIONER, IMPOSED FOR VIOLATIONS OF SUBDIVI-
SION TWO OF SECTION ONE THOUSAND TWO HUNDRED THREE-B OF THIS CHAPTER AND
IMPOSED  PURSUANT  TO  SUBDIVISION  THREE  OF  SECTION  ONE THOUSAND TWO
HUNDRED THREE-B OF THIS CHAPTER.   UPON RECEIPT  OF  THESE  MONEYS,  THE
COUNTY  SHALL  DEPOSIT  THEM IN A SEPARATE ACCOUNT ENTITLED "HANDICAPPED
PARKING ENFORCEMENT GRANT PROGRAM" AND THEY SHALL BE UNDER THE EXCLUSIVE
CARE, CUSTODY AND CONTROL OF THE CHIEF FISCAL  OFFICER  OF  EACH  COUNTY
PARTICIPATING IN THE PROGRAM.
  (B)  EXPENDITURES FROM SUCH ACCOUNT SHALL ONLY BE MADE PURSUANT TO THE
APPROVAL OF A COUNTY PROGRAM BY THE COMMISSIONER AND  SHALL  BE  AWARDED
SOLELY  IN  SUPPORT OF ACTIVITIES RELATED TO THIS PROGRAM CONDUCTED BY A
LOCAL LAW ENFORCEMENT AGENCY.  THE CHIEF FISCAL OFFICER OF EACH  PARTIC-
IPATING  COUNTY SHALL, ON A QUARTERLY BASIS, FORWARD TO THE COMMISSIONER
A WRITTEN CERTIFICATE OF MONEYS EXPENDED FROM SUCH ACCOUNT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07633-01-1
              

A. 2676                             2

  2. PROGRAM ORGANIZATION. (A) WHERE A PROGRAM IS ESTABLISHED BY A COUN-
TY, IT SHALL BE ORGANIZED BY A COORDINATOR, WHO SHALL BE  DESIGNATED  BY
THE  CHIEF  EXECUTIVE  OFFICER OF THE COUNTY, IF THERE BE ONE, OTHERWISE
THE CHAIRMAN OF THE GOVERNING BOARD OF THE COUNTY, OR IN THE CITY OF NEW
YORK,  A  PERSON DESIGNATED BY THE MAYOR THEREOF. WHERE A COORDINATOR IS
DESIGNATED, THE COORDINATOR SHALL RECEIVE SUCH SALARY  AND  EXPENSES  AS
THE  BOARD OF LEGISLATORS OR OTHER GOVERNING BODY OF SUCH COUNTY MAY FIX
AND PROPERLY ACCOUNT FOR SUCH EXPENSES AND SHALL SERVE AT  THE  PLEASURE
OF SUCH APPOINTING BODY OR OFFICER.
  (B) IN COUNTIES HAVING A COUNTY TRAFFIC SAFETY BOARD, THE CHIEF EXECU-
TIVE  OFFICER,  IF THERE BE ONE, OTHERWISE THE CHAIRMAN OF THE GOVERNING
BOARD OF THE COUNTY OR THE MAYOR OF THE CITY OF NEW YORK, MAY  DESIGNATE
THE  CHAIRMAN  OF  THE  BOARD  OR A MEMBER THEREOF AS COORDINATOR OF THE
PROGRAM.
  (C) THE SALARY AND OTHER EXPENSES OF THE  COORDINATOR  SHALL  BE  PAID
FROM  MONIES DEPOSITED INTO THE COUNTY'S HANDICAPPED PARKING ENFORCEMENT
GRANT PROGRAM ACCOUNT.
  3. PURPOSES. (A) THE PROGRAM SHALL PROVIDE A PLAN FOR COORDINATION  OF
COUNTY,  TOWN,  CITY AND VILLAGE EFFORTS TO RESTRICT THE AREA OF PARKING
SPACE RESERVED FOR HANDICAPPED PERSONS TO SUCH PERSONS.
  (B) THE PROGRAM SHALL, WHERE APPROVED BY THE  COUNTY  BOARD  OR  OTHER
GOVERNING  BODY,  PROVIDE  FUNDING  FOR  SUCH ACTIVITIES AS THE BOARD OR
OTHER BODY MAY APPROVE, FOR THE ABOVE-DESCRIBED PURPOSES.
  4. DUTIES OF THE COORDINATOR; REPORTS. (A) IT SHALL BE THE DUTY OF THE
COORDINATOR TO:
  (1) RENDER ANNUALLY OR AT THE REQUEST OF  THE  COUNTY  LEGISLATURE  OR
OTHER  GOVERNING  BODY  OF  THE COUNTY, A VERIFIED ACCOUNT OF ALL MONEYS
RECEIVED AND EXPENDED BY THE  COORDINATOR  OR  UNDER  THE  COORDINATOR'S
DIRECTION AND AN ACCOUNT OF OTHER PERTINENT MATTERS.
  (2)  SUBMIT  ANNUALLY  OR  UPON REQUEST OF THE CHIEF FISCAL OFFICER OF
EACH COUNTY PARTICIPATING IN THE PROGRAM,  IN  SUCH  MANNER  AS  MAY  BE
REQUIRED  BY  LAW,  AN  ESTIMATE  OF THE FUNDS REQUIRED TO CARRY OUT THE
PURPOSES OF THIS SECTION.
  (3) MAKE AN ANNUAL REPORT TO THE COMMISSIONER, WHICH SHALL BE  DUE  ON
OR  BEFORE  THE FIRST OF APRIL OF EACH YEAR FOLLOWING THE IMPLEMENTATION
OF SAID PROGRAM, AND SHALL INCLUDE THE FOLLOWING:
  A. THE PROGRESS, PROBLEMS AND OTHER MATTERS RELATED  TO  THE  ADMINIS-
TRATION OF SAID PROGRAM; AND
  B.  AN  ASSESSMENT  OF  THE  EFFECTIVENESS  OF  THE PROGRAM WITHIN THE
GEOGRAPHIC AREA OF THE COUNTY PARTICIPATING  THEREIN  AND  ANY  AND  ALL
RECOMMENDATIONS FOR EXPANDING AND IMPROVING SAID PROGRAM.
  (B)  ANY  ANNUAL  REPORT  SHALL  ALSO CONTAIN THE FOLLOWING, IN A FORM
PRESCRIBED BY THE COMMISSIONER:
  (1) NUMBER OF ARRESTS FOR VIOLATIONS;
  (2) NUMBER AND DESCRIPTION OF DISPOSITIONS RESULTING THEREFROM;
  (3)  TOTAL  FINE  MONEYS  RETURNED  TO  THE  PARTICIPATING  COUNTY  IN
CONNECTION WITH THE PROGRAM;
  (4) CONTEMPLATED PROGRAMS;
  (5) DISTRIBUTION OF MONEYS IN CONNECTION WITH PROGRAM ADMINISTRATION;
  (6) ANY OTHER INFORMATION REQUIRED BY THE COMMISSIONER.
  5.  COUNTY  PURPOSE  AND  CHARGE.  THE  PROVISIONS OF THIS SECTION AND
EXPENDITURES MADE HEREUNDER SHALL BE DEEMED A COUNTY PURPOSE AND CHARGE.
  6. PROGRAM APPROVAL. THE PROGRAM,  INCLUDING  A  PROPOSED  OPERATIONAL
BUDGET, SHALL BE SUBMITTED BY EACH COUNTY COORDINATOR TO THE COMMISSION-
ER FOR APPROVAL. A SECOND COPY OF EACH SUCH PROPOSAL SHALL BE FILED WITH

A. 2676                             3

THE  COMPTROLLER.  THE  COMMISSIONER SHALL CONSIDER THE FOLLOWING BEFORE
APPROVING SAID PROGRAM:
  (A)  THE  INTERRELATIONSHIP  OF SUCH PROGRAM WITH EXISTING PROGRAMS IN
AREAS INCLUDING, BUT NOT LIMITED TO, LAW ENFORCEMENT, PROSECUTION, ADJU-
DICATION AND EDUCATION.
  (B) AVOIDANCE OF DUPLICATION OF EXISTING PROGRAMS FUNDED  OR  OPERATED
BY EITHER THE STATE OR ANY MUNICIPALITY.
  (C) ALL OTHER FACTORS WHICH THE COMMISSIONER SHALL DEEM NECESSARY.
  7.  DUTIES OF THE COMMISSIONER. (A) THE COMMISSIONER SHALL COMPILE THE
REPORTS SUBMITTED BY THE COUNTY COORDINATORS AND SHALL ISSUE  A  COMPRE-
HENSIVE REPORT ON SUCH PROGRAMS TO THE GOVERNOR AND TO THE LEGISLATURE.
  (B) THE COMMISSIONER SHALL MONITOR ALL PROGRAMS TO ENSURE SATISFACTORY
IMPLEMENTATION  IN  CONJUNCTION WITH THE ESTABLISHED PROGRAM APPLICATION
GOALS.
  8. PROGRAM CESSATION. WHEN A PARTICIPATING COUNTY WISHES TO CEASE  ITS
PROGRAM, THE COORDINATOR SHALL NOTIFY THE COMMISSIONER IN WRITING OF THE
DATE  OF  TERMINATION AND ALL MONEY REMAINING IN THE PROGRAM ESTABLISHED
BY THAT COUNTY PURSUANT TO SUBDIVISION ONE OF THIS SECTION ON SUCH  DATE
SHALL BE TRANSFERRED TO THE GENERAL FUND OF THE STATE TREASURY.
  9.  PROGRAM  AUDIT. THE COMPTROLLER IS AUTHORIZED TO CONDUCT AUDITS OF
ANY PROGRAM ESTABLISHED PURSUANT TO THIS SECTION  FOR  THE  PURPOSES  OF
DETERMINING  COMPLIANCE  WITH  THE  PROVISIONS  OF THIS SECTION AND WITH
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.
  S 2. Section 1203-b of the vehicle  and  traffic  law  is  amended  by
adding a new subdivision 3 to read as follows:
  3.  IN ANY COUNTY WHICH HAS ESTABLISHED A HANDICAPPED PARKING ENFORCE-
MENT GRANT PROGRAM, IN ADDITION TO ANY OTHER  FINE  OR  PENALTY  IMPOSED
UPON  A  PERSON  WHO  UNLAWFULLY STOPS, STANDS OR PARKS A VEHICLE IN ANY
AREA DESIGNATED AS A PLACE  FOR  HANDICAPPED  PARKING,  THERE  SHALL  BE
IMPOSED  A  MANDATORY  SURCHARGE  OF TWENTY-FIVE DOLLARS. SUCH SURCHARGE
SHALL BE DEPOSITED IN  SUCH  COUNTY'S  HANDICAPPED  PARKING  ENFORCEMENT
GRANT PROGRAM ACCOUNT ESTABLISHED IN ACCORDANCE WITH SECTION TWO HUNDRED
TWENTY-FOUR-B OF THIS CHAPTER.
  S 3. This act shall take effect immediately.