NY State Senate Bill 2023-S8857

Senate Bill S8857

2023-2024 Legislative Session

Increases the penalties for stopping, standing, or parking in handicapped spaces without a handicapped permit

download bill text pdf

Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 21, 2024	referred to transportation

2023-S8857 (ACTIVE) - Details

See Assembly Version of this Bill:: A8303
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1203-b & 1203-c, V & T L

2023-S8857 (ACTIVE) - Summary

Increases the penalties for stopping, standing, or parking in handicapped spaces without a handicapped permit to 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 occurring within a period of five years within the state.

2023-S8857 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8857

SPONSOR: MARTINEZ
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation will amend the vehicle and traffic law to increase the
penalties for stopping, standing or parking in handicapped spaces with-
out a handicapped permit.

 
SUMMARY OF PROVISIONS:

Section 1. Subdivision 2 of section 1203-b of the vehicle and traffic 2
law, as amended by chapter 203 of the laws of 1981, is amended by
setting a penalty for any person stopping, standing or parking a vehicle
in any area designated as a place for handicapped parking of $150-$300
for the first offense and $300$550 for the second offense if it occurred

within a period of five years within New York State.

Section 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 by chang-
ing the penalty of any person who stops, stands or parks in spaces
clearly marked for use by the handicapped from $50-$75 to $150 for the
first offense and from $75-$150 to $300-$550 for the second offense
within five years within New York State.

Section 3. Is the enacting clause.

 
JUSTIFICATION:

Persons with disabilities and senior citizens deserve full protection of
their rights, including access to essential amenities such as hand-
icapped parking spaces. Access to handicapped parking spaces is not a
convenience but a fundamental necessity in their daily lives.  Unauthor-
ized usage of these spaces not only infringes upon their rights but
hinders their ability to live with security and independence.

By increasing the fines and penalties for violations of handicapped
parking laws, New York will send a strong message that the State is
committed to preserving these spaces for those who depend on them.
Other states such as California, Connecticut and Texas have much higher
penalties for unauthorized parking in handicapped parking spaces. The
intent behind increased fines is to strengthen deterrence by discourag-
ing violations and ensuring compliance with the law which, in turn,
ensures these parking spaces are available for persons with disabilities
and our senior population when they need them most.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2023-S8857 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8857
 
                             I N  S E N A T E
 
                              March 21, 2024
                                ___________
 
 Introduced  by Sen. MARTINEZ -- 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  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13459-01-3
 S. 8857                             2
 
 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.

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