S T A T E   O F   N E W   Y O R K
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                                 9064--A

                          I N  A S S E M B L Y

                            January 21, 2016
                               ___________

Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
  Committee on Transportation --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend the vehicle and traffic law, in relation to providing
  parking spaces for veterans injured in the line of duty

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

  Section  1.  The vehicle and traffic law is amended by adding four new
sections 1205, 1205-a, 1205-b and 1205-c to read as follows:
  S 1205. PARKING PERMITS FOR VETERANS INJURED IN THE LINE OF DUTY.   1.
THE COMMISSIONER SHALL DISTRIBUTE SPECIAL VEHICLE IDENTIFICATION PARKING
PERMITS  TO THE GOVERNING BODIES OF ALL CITIES, TOWN AND VILLAGES IN THE
STATE.  NOTWITHSTANDING ANY LOCAL LAW OR ORDINANCE TO THE CONTRARY, SUCH
PERMITS SHALL ENTITLE ANY VEHICLE DISPLAYING SUCH PERMIT TO PARK IN  ANY
AREA IN ANY CITY, TOWN OR VILLAGE OF THE STATE WHICH HAS BEEN DESIGNATED
BY  SUCH  CITY, TOWN OR VILLAGE OR PURSUANT TO THE PROVISIONS OF SECTION
TWELVE HUNDRED FIVE-C OF THIS ARTICLE AS A PLACE FOR PARKING FOR  VETER-
ANS  INJURED  IN  THE LINE OF DUTY.  THE DESIGN, PERIOD OF VALIDITY, AND
PROCEDURES FOR REISSUANCE OF SUCH PERMITS SHALL BE AS DETERMINED BY  THE
COMMISSIONER.  A CITY, TOWN OR VILLAGE ISSUING A PERMIT PURSUANT TO THIS
SUBDIVISION SHALL INDELIBLY INSCRIBE OR OTHERWISE MARK, ON THE  FACE  OF
SUCH  PERMIT,  THE LAST THREE DIGITS OF THE IDENTIFICATION NUMBER OF THE
DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD OF THE PERSON TO WHOM
THE PERMIT IS ISSUED. THE GOVERNING BODIES OF CITIES, TOWNS AND VILLAGES
IN THE STATE SHALL APPOINT AN ISSUING AGENT TO ISSUE SUCH  PERMITS.  ANY
PERSON  ISSUED  A  PERMIT  PURSUANT TO THIS SECTION WHO HOLDS A DRIVER'S
LICENSE OR NON-DRIVER IDENTIFICATION CARD  SHALL  MAKE  THE  LAST  THREE
DIGITS  OF  SUCH  LICENSE OR IDENTIFICATION CARD AVAILABLE TO AN ISSUING
AGENT AT THE TIME OF PERMIT  ISSUANCE  OR  RENEWAL  BY  PRESENTING  SUCH
LICENSE  OR IDENTIFICATION CARD TO SUCH ISSUING AGENT. ANY PERSON ISSUED
A PERMIT PURSUANT TO THIS  SECTION  WHO  HOLDS  A  DRIVER'S  LICENSE  OR
NON-DRIVER  IDENTIFICATION  CARD SHALL CARRY AND MAKE AVAILABLE TO A LAW
ENFORCEMENT OFFICER UPON DEMAND, OR AS SOON AS  PRACTICABLE  THEREAFTER,
HIS  OR  HER  DRIVER'S  LICENSE  OR NON-DRIVER IDENTIFICATION CARD WHICH

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

                                                           LBD13619-03-6

A. 9064--A                          2

SHALL BE PRESUMPTIVE EVIDENCE OF THE VALIDITY  OF  HIS  OR  HER  SPECIAL
VEHICLE  IDENTIFICATION  PARKING  PERMIT. FAILURE TO MAKE AVAILABLE SUCH
DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD UPON DEMAND SHALL NOT
BE  DEEMED  A  VIOLATION. THE PERMITS SHALL BE ISSUED TO ANY RESIDENT OF
NEW YORK STATE WHO IS A VETERAN, AS DEFINED IN  SECTION  EIGHTY-FIVE  OF
THE  CIVIL  SERVICE  LAW,  WHO HAS BEEN INJURED IN THE LINE OF DUTY UPON
APPLICATION OF SUCH PERSON, PROVIDED, HOWEVER,  THAT  AN  ISSUING  AGENT
SHALL  ISSUE  PERMITS  ONLY TO RESIDENTS OF THE CITY, TOWN OR VILLAGE IN
WHICH SUCH ISSUING AGENT IS LOCATED, EXCEPT THAT, AN ISSUING  AGENT,  IN
HIS  OR  HER  DISCRETION,  MAY  ISSUE A PERMIT TO A VETERAN WHO HAS BEEN
INJURED IN THE LINE OF DUTY WHO IS NOT A RESIDENT OF THE CITY, TOWN,  OR
VILLAGE IN WHICH SUCH ISSUING AGENT IS LOCATED WHERE SUCH PERSON RESIDES
IN  A  CITY,  TOWN,  OR  VILLAGE  IN  WHICH  THE  GOVERNING BODY HAS NOT
APPOINTED AN ISSUING AGENT.
  2. SUCH PERMIT SHALL BE FOR USE EXCLUSIVELY IN A VEHICLE IN WHICH  THE
PERSON  TO  WHOM IT HAS BEEN ISSUED IS BEING TRANSPORTED AND SUCH PERMIT
SHALL NOT BE TRANSFERABLE AND SHALL BE FORFEITED  IF  PRESENTED  BY  ANY
OTHER  PERSON.  ANY ABUSE BY ANY PERSON, FACILITY OR AGENCY TO WHOM SUCH
PERMIT HAS BEEN ISSUED OF ANY PRIVILEGE, BENEFIT, PRECEDENCE OR  CONSID-
ERATION GRANTED PURSUANT TO THE ISSUANCE OF SUCH PERMIT, SHALL BE SUFFI-
CIENT CAUSE FOR REVOCATION OF SAID PERMIT.
  3.  THE  SPECIAL  VEHICLE  IDENTIFICATION PARKING PERMIT ISSUED BY THE
COMMISSIONER SHALL BE RECOGNIZED STATEWIDE.
  4. A PERSON WHO KNOWINGLY AND WILFULLY  WITH  THE  INTENT  TO  DECEIVE
MAKES A FALSE STATEMENT OR GIVES INFORMATION WHICH SUCH INDIVIDUAL KNOWS
TO BE FALSE TO A PUBLIC OFFICIAL TO OBTAIN A PARKING PERMIT FOR VETERANS
INJURED  IN THE LINE OF DUTY OR TO PREVENT THE MARKING ON SUCH PERMIT OF
THE LAST THREE DIGITS OF A DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION
CARD HELD BY SUCH PERSON, IN ADDITION TO ANY OTHER PENALTY  PROVIDED  BY
LAW,  SHALL  BE  SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN TWO HUNDRED
FIFTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS.
  S 1205-A. PARKING SPACES; VETERANS.   1. PARKING SPACES  FOR  VETERANS
INJURED  IN  THE  LINE OF DUTY.   A VETERANS PERMIT ISSUED IN ACCORDANCE
WITH THE PROVISIONS OF SECTION ONE THOUSAND TWO  HUNDRED  FIVE  OF  THIS
ARTICLE  SHALL ENTITLE THE VETERAN-DRIVER TO PARK  IN SUCH PARKING SPAC-
ES. PARKING SPACES FOR VETERANS SHALL BE THOSE PARKING  SPACES  ACCORDED
TO  A  HOLDER  OF  A VETERANS PARKING PERMIT PROVIDED IN ACCORDANCE WITH
SECTION ONE THOUSAND TWO HUNDRED FIVE OF THIS ARTICLE.
  2. IT SHALL BE A VIOLATION FOR ANY PERSON TO STOP,  STAND  OR  PARK  A
VEHICLE IN ANY AREA DESIGNATED AS A PLACE FOR VETERAN PARKING UNLESS THE
VEHICLE  BEARS  A  PERMIT  ISSUED UNDER SECTION ONE THOUSAND TWO HUNDRED
FIVE OF THIS ARTICLE AND SUCH VEHICLE IS BEING USED FOR THE  TRANSPORTA-
TION  OF  A  VETERAN. THIS SUBDIVISION SHALL NOT APPLY TO A VIOLATION OF
SECTION TWELVE HUNDRED FIVE-C OF THIS ARTICLE.
  S 1205-B. VETERANS PARKING ENFORCEMENT. 1. A  COUNTY,  CITY,  TOWN  OR
VILLAGE MAY, BY ADOPTION OF A LOCAL LAW OR ORDINANCE, ESTABLISH A VETER-
ANS  PARKING  VIOLATION  UNIT  TO  ASSIST IN THE ENFORCEMENT OF VETERANS
PARKING LAWS OR ORDINANCES. PERSONS APPOINTED  TO  SUCH  UNIT  SHALL  BE
VOLUNTEERS, SHALL SERVE WITHOUT COMPENSATION, AND SHALL BE AUTHORIZED TO
PROVIDE EVIDENCE OF VIOLATIONS OF VETERANS PARKING LAWS OR ORDINANCES TO
THE  APPROPRIATE  LOCAL ENFORCEMENT AUTHORITY. SUCH EVIDENCE MAY INCLUDE
PHOTOGRAPHING A VIOLATION, PROVIDED THAT SUCH PHOTOGRAPH  IS  TAKEN  AND
HANDLED IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.
  2.  A LOCAL LAW OR ORDINANCE ENACTED IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION SHALL:

A. 9064--A                          3

  (A) ESTABLISH A TRAINING PROGRAM OF NO LESS THAN TWO HOURS  IN  LENGTH
AND  REQUIRE EACH VOLUNTEER TO PARTICIPATE IN AND COMPLETE SUCH TRAINING
PROGRAM;
  (B)  PROVIDE  FOR  THE  ASSIGNMENT OF AN IDENTIFICATION NUMBER TO EACH
VOLUNTEER, AND PROVIDE OFFICIAL IDENTIFICATION AND EQUIPMENT  TO  ASSIST
VOLUNTEER PERSONNEL IN THE CONDUCT OF THEIR DUTIES;
  (C) ESTABLISH UNIFORM PROCEDURES FOR VOLUNTEERS TO FOLLOW IN DETERMIN-
ING WHETHER A VIOLATION HAS OCCURRED;
  (D)  ESTABLISH  PROCEDURES  FOR  THE  UNIFORM REPORTING OF VIOLATIONS,
WHICH REPORTING SHALL INCLUDE THE IDENTIFICATION NUMBER OF THE VOLUNTEER
MAKING THE REPORT;
  (E) IF SUCH LOCAL LAW OR ORDINANCE PROVIDES FOR THE TAKING  OF  PHOTO-
GRAPHS OF VIOLATIONS, (I) GRANT ONLY THE ENFORCEMENT AGENCY THE AUTHORI-
TY TO PROCESS OR TO CONTRACT FOR THE PROCESSING OF ALL FILM SUBMITTED BY
VOLUNTEERS;  (II)  REQUIRE  ANY PHOTOGRAPHS EVIDENCING A VIOLATION TO BE
AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE  THE  LIABILITY
FOR  SUCH  VIOLATION;  (III)  PROVIDE  THAT  A  CERTIFICATE, SWORN TO OR
AFFIRMED BY A TECHNICIAN EMPLOYED BY THE LOCALITY IN WHICH  THE  CHARGED
VIOLATION  OCCURRED,  OR  A  FACSIMILE THEREOF, BASED UPON INSPECTION OF
PHOTOGRAPHS PRODUCED FROM FILM SUBMITTED BY VOLUNTEERS, SHALL  BE  PRIMA
FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN; AND (IV) PROHIBIT THE USE
OF  SUCH  A PHOTOGRAPH FOR ANY PURPOSE OTHER THAN AS EVIDENCE OF A HAND-
ICAPPED PARKING VIOLATION; AND
  (F) PROVIDE THE FOLLOWING WITH RESPECT TO NOTICES OF VIOLATION:  (I) A
NOTICE OF VIOLATION SHALL BE SENT BY FIRST CLASS  MAIL  TO  EACH  PERSON
ALLEGED  TO  BE LIABLE AS AN OWNER FOR A VIOLATION OF A VETERANS PARKING
LAW OR ORDINANCE. A MANUAL OR AUTOMATIC RECORD OF  MAILING  PREPARED  IN
THE  ORDINARY  COURSE  OF  BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE
FACTS CONTAINED THEREIN; (II) A NOTICE OF VIOLATION SHALL REFERENCE  THE
LAW WHICH WAS ALLEGEDLY VIOLATED, AND SHALL CONTAIN THE NAME AND ADDRESS
OF  THE  PERSON  ALLEGED  TO  BE LIABLE AS AN OWNER FOR A VIOLATION OF A
VETERANS PARKING LAW OR ORDINANCE, THE REGISTRATION NUMBER OF THE  VEHI-
CLE  INVOLVED  IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK
PLACE, THE DATE AND TIME  OF  SUCH  VIOLATION,  AND  THE  IDENTIFICATION
NUMBER  OF  THE  VOLUNTEER WHO RECORDED THE VIOLATION; (III) A NOTICE OF
VIOLATION SHALL CONTAIN INFORMATION ADVISING THE PERSON CHARGED  OF  THE
MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST THE VIOLATION ALLEGED
IN  THE  NOTICE,  AND SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS
CHARGED THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE
DEEMED AN ADMISSION OF LIABILITY AND THAT  A  DEFAULT  JUDGMENT  MAY  BE
ENTERED THEREON.
  S  1205-C.  OFF STREET PARKING SPACES FOR VETERANS INJURED IN THE LINE
OF DUTY.  1. ANY PERSON, FIRM OR CORPORATION OWNING A SHOPPING CENTER OR
FACILITY WITH AT LEAST FIVE SEPARATE RETAIL STORES AND AT  LEAST  TWENTY
OFF  STREET  PARKING  SPACES  WHICH ARE PROVIDED FOR USE BY THE SHOPPING
PUBLIC MUST DESIGNATE AS ONLY FOR VETERANS INJURED IN THE LINE  OF  DUTY
AND  CLEARLY MARK FOR USE BY VETERANS A MINIMUM OF THREE PERCENT OF SUCH
PARKING SPACES OR SIX SUCH SPACES WHICHEVER IS LESS.  THESE SPACES  MUST
BE  LOCATED  AS  CLOSE  AS REASONABLY PRACTICABLE TO THE SHOPPING CENTER
FACILITY AND REASONABLY DISTRIBUTED SO AS TO PROVIDE  CONVENIENT  ACCESS
FOR USE BY VETERAN DRIVERS. SUCH PARKING SPACES ARE TO BE USED BY VETER-
AN  DRIVERS DISPLAYING A SPECIAL MUNICIPAL PARKING PERMIT (AS DEFINED IN
SECTION TWELVE HUNDRED FIVE OF  THIS  ARTICLE  AND  DISTRIBUTED  BY  THE
COMMISSIONER OF MOTOR VEHICLES TO LOCAL GOVERNING BODIES TO BE ISSUED TO
VETERANS WHO RESIDE IN SUCH LOCALITY).

A. 9064--A                          4

  2.  (A)  THE  PARKING  SPACES DESIGNATED PURSUANT TO THE PROVISIONS OF
THIS SECTION SHALL BE CLEARLY IDENTIFIED FOR USE BY VETERANS INJURED  IN
THE  LINE OF DUTY WHICH DESIGNATION SHALL INCLUDE CONSPICUOUS AND PERMA-
NENTLY INSTALLED ABOVE GRADE SIGNS AND WHICH SHALL  BE  POSITIONED  FROM
THE  PARKING  SPACE  SURFACE  AT A HEIGHT OF NOT LESS THAN FIVE FEET NOR
MORE THAN SEVEN FEET AND MAY INCLUDE THE USE OF GREEN PAINTED  LINES  OR
MARKINGS. SUCH PARKING SPACES ALSO MAY BE MARKED AS TOW-AWAY ZONES.
  (B) WHENEVER A PERSON, FIRM OR CORPORATION CREATES AN OFF-STREET PARK-
ING  LOT OR PARKING GARAGE, OR REPAVES OR REPAINTS MORE THAN ONE-HALF OF
THE TOTAL NUMBER OF PARKING SPACES IN AN OFF-STREET PARKING LOT OR PARK-
ING GARAGE, WHICH CONTAINS DESIGNATED VETERAN PARKING SPACES, OR CREATES
DESIGNATED VETERAN PARKING SPACES IN AN OFF-STREET PARKING LOT OR  PARK-
ING  GARAGE,  OR  REPAVES  OR  REPAINTS  MORE THAN ONE-HALF OF THE TOTAL
NUMBER OF DESIGNATED VETERAN PARKING SPACES IN AN OFF-STREET PARKING LOT
OR PARKING GARAGE, THE SIZE OF DESIGNATED VETERAN PARKING  SPACES  SHALL
BE AT LEAST EIGHT FEET WIDE.
  3.  A  VIOLATION  OF  THIS  SECTION BY ANY PERSON, FIRM OR CORPORATION
OWNING A SHOPPING CENTER OR FACILITY WITH AT LEAST FIVE SEPARATE  RETAIL
STORES  AND AT LEAST TWENTY OFF STREET PARKING SPACES WHICH ARE PROVIDED
FOR USE BY THE SHOPPING PUBLIC WHO FAILS  TO  PROVIDE  SPACES  ONLY  FOR
VETERANS  INJURED IN THE LINE OF DUTY AND CLEARLY MARKED FOR USE BY SUCH
VETERANS IN ACCORDANCE WITH THIS SECTION, SHALL BE PUNISHABLE BY A  FINE
UP TO TWO HUNDRED FIFTY DOLLARS.
  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  VETERANS INJURED IN THE LINE OF DUTY IN ACCORDANCE
WITH THIS SECTION, WITHOUT  A  SPECIAL  VEHICLE  IDENTIFICATION  PARKING
PERMIT  OR  A  SPECIAL  MUNICIPAL  PARKING PERMIT AND BEING USED FOR THE
TRANSPORTATION OF A VETERAN INJURED IN THE LINE OF DUTY;  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; SHALL BE SUBJECT TO A  FINE  OF  NOT  LESS  THAN
FIFTY  DOLLARS  NOR MORE THAN SEVENTY-FIVE DOLLARS FOR THE FIRST OFFENSE
AND SEVENTY-FIVE TO ONE HUNDRED FIFTY DOLLARS  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 ILLE-
GALLY PARKED IN A VETERAN PARKING SPACE.
  5.  NOTWITHSTANDING  ANY  OTHER  STATE OR LOCAL LAW TO THE CONTRARY, A
STATE, COUNTY OR MUNICIPAL LAW ENFORCEMENT OFFICER  SEEKING  TO  ENFORCE
SUBDIVISION  FOUR OF THIS SECTION, MAY ENTER ONTO THE PARKING LOT OF ANY
SHOPPING CENTER OR FACILITY AS DESCRIBED  IN  SUBDIVISION  ONE  OF  THIS
SECTION REGARDLESS OF THE EXISTENCE OR ABSENCE OF ANY STATE OR LOCAL LAW
OR  RULE  OTHERWISE  PERMITTING  OR RESTRICTING SUCH ACCESS FOR SUCH LAW
ENFORCEMENT OFFICER.
  S 2. This act shall take effect immediately.