senate Bill S6134

Increases the fine for handicap parking violations and allows motorists so cited to provide proof of possession of such permit to reduce such fine

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Sponsor

O'BRIEN

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION

Summary

Increases the fine for handicap parking violations and allows motorists so cited to provide proof of possession of such permit to reduce such fine.

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Bill Details

See Assembly Version of this Bill:
A3418
Versions:
S6134
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1203-c, V & T L
Versions Introduced in 2011-2012 Legislative Cycle:
A5572, A5572

Sponsor Memo

BILL NUMBER:S6134

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

PURPOSE: This legislation amends the vehicle and traffic law to raise
the maximum fine for illegally parking in a handicapped parking space
from $75 to $150 for the first offense. For the second offense
occurring within a period of two years within the same municipality,
this legislation would raise the minimum fine from $75 to $150 and the
maximum fine from $150 to $250.

This legislation adds a provision that if a motorist being issued a
summons pursuant to this section provides proof of possessing a
special vehicle identification parking permit or a special municipal
parking permit to the municipality whom the summons was issued within
ten (10) days, they shall be subject to a fine of no less than $50 and
no more than $75.

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 $50, there is no real deterrent for those
individuals who knowingly violate the law. Further, the current law
does not distinguish between able-bodied people knowingly violating
the law, and those who are handicapped, but do not present their
permit as required by the current law when parking in spaces allotted
to special permit holders. This bill would distinguish the two
different types of offenders, and increase the fine for illegally
parking in a handicapped parking space accordingly.

FISCAL IMPLICATIONS: increased revenue for the State.

PRIOR LEGISLATIVE HISTORY: A.5572 of 2011-2012 Referred to
Transportation

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall become a law.

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

                                  6134

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen. O'BRIEN -- 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 the fine 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 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-
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 FIFTY  dollars  for  the  first  offense  and
[seventy-five]  ONE HUNDRED FIFTY to [one] TWO hundred fifty dollars for
the second offense occurring within a period of  two  years  within  the
same  municipality; PROVIDED, HOWEVER, THAT IF A MOTORIST BEING ISSUED A
SUMMONS PURSUANT TO THIS SECTION PROVIDES PROOF OF POSSESSING A  SPECIAL
VEHICLE  IDENTIFICATION  PARKING  PERMIT  OR A SPECIAL MUNICIPAL PARKING
PERMIT TO THE MUNICIPALITY WHERE THE SUMMONS WAS ISSUED WITHIN TEN DAYS,
THEY SHALL BE SUBJECT TO A FINE OF NO LESS THAN  FIFTY  DOLLARS  AND  NO
MORE THAN SEVENTY-FIVE DOLLARS. The arresting or ticketing officer shall
issue  a summons to violators of this section. A ticketing officer issu-
ing 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 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06604-01-3

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