S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8303
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced by M. of A. SAYEGH -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to amend the vehicle and traffic law, in relation to increasing
   the penalties for stopping, standing, or parking in handicapped spaces
   without a handicapped permit
 
   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  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 vehicle bears a permit issued under section one thousand two hundred
 three-a 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.  THE  PENALTY  FOR  SUCH  A
 VIOLATION SHALL BE A FINE OF NOT LESS THAN ONE HUNDRED FIFTY DOLLARS NOR
 MORE THAN  THREE HUNDRED DOLLARS FOR THE FIRST OFFENSE AND THREE HUNDRED
 TO  FIVE HUNDRED FIFTY DOLLARS FOR THE SECOND OFFENSE UNDER THIS SECTION
 OR SECTION ONE THOUSAND TWO HUNDRED THREE-C OF  THIS  ARTICLE  OCCURRING
 WITHIN  A  PERIOD OF FIVE YEARS WITHIN THE STATE. This subdivision shall
 not apply to a violation of section twelve hundred three-c of this chap-
 ter.
   § 2. Subdivision 4 of section 1203-c of the vehicle and  traffic  law,
 as  amended  by  chapter  424 of the laws of 2022, 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 either: (a) in  accordance  with  this
 section;  or  (b)  in  the parking area of a shopping center or facility
 with at least one but less than five separate retail stores and at least

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13459-01-3
              

 A. 8303                             2
 
 twenty off street parking  spaces  provided  for  use  by  the  shopping
 public,  in accordance with the state fire prevention and building code,
 without 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  registration  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 registration; or any person who parks in a handicapped parking
 access  aisle;  shall  be subject to a fine of not less than ONE HUNDRED
 fifty dollars nor more than [seventy-five] THREE HUNDRED dollars for the
 first offense and [seventy-five] THREE HUNDRED  to  [one]  FIVE  hundred
 fifty  dollars  for  the  second offense occurring UNDER THIS SECTION OR
 SECTION ONE THOUSAND TWO HUNDRED THREE-B OF THIS ARTICLE within a period
 of [two] FIVE years within the [same municipality] STATE. 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.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.