S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5099
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2017
                                ___________
 
 Introduced  by  Sens. KENNEDY, AVELLA, LATIMER -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation
 
 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.  The  vehicle  and  traffic law is amended by adding a new
 section 224-b to read as follows:
   §  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.
              

                                                            LBD00867-01-7

 S. 5099                             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

 S. 5099                             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.
   § 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.
   § 3. This act shall take effect immediately.