Authorizes counties to establish a handicapped parking enforcement grant program

BILL NUMBER:S1462

Title of bill

An act to amend the vehicle and traffic law, in relation to authorizing counties to establish a handicapped parking enforcement grant program

Purpose

To authorize counties to establish a program whereby they may receive a $25 surcharge collected by a court as a result of the payment of a violation for parking in a designated handicapped parking location. The proceeds from such collection will be used to institute and operate a "handicapped parking enforcement program" in each community adopting said program.

Summary of provisions

Adds a new section 224-b to the vehicle and traffic law allowing counties to establish a handicapped parking enforcement grant program.

Section 1 authorizes the collection of a $25 surcharge by a court resulting from a violation of the vehicle and traffic law governing parking in a handicapped parking spot; administered by their chief fiscal officer for each county participating in the program. It also stipulates that the enforcement program may only be administered by local law enforcement agencies.

Section 2 establishes that a program will be organized by a coordinator, designated by the county's chief executive officer, or in other cases another appointing body or officer.

Section 3 expresses the purposes of the handicapped parking enforcement board, including coordination efforts.

Section 4 outlines the duties of the program coordinator including the issuance of reports and the content of such reports.

Section 5 notes that expenditures under this section are a county purpose and charge.

Section 6 establishes the approval process for said program, including avoidance of duplication of efforts, proposed operational budget, and filing of proposal.

Section 7 details the duties of the commissioner of each county program.

Section 8 notes the steps to be taken to cease and dissolve such programs.

Section 9 authorizes the State Comptroller to perform an audit of such program in order to determine compliance of the section.

Section 1203-b of the Vehicle and Traffic Law is amended by adding a new subdivision 3 to allow for the collection of a $25 surcharge in addition to any penalty imposed upon a person who unlawfully stops,

stand or parks a vehicle in any area designated as a place for handicapped parking.

Justification

Modeled after the state's successful STOP-DWI Program, this legislation would allow counties to establish a "handicapped" parking enforcement grant program funded via a $25 surcharge paid by offenders of existing handicapped parking rules.

At present, many police agencies do not have the resources or manpower available on a daily basis to a program with an established funding source, police agencies will have the resources needed to pay their officers to conduct dedicated parking enforcement.

Over the past decade we have witnessed major strides in the establishment of parking spaces for the disabled. In order for these steps to be meaningful, proper enforcement is a must. Passage of this legislation will provide counties with vital tool to protect and enforce the rights of the disabled.

Legislative history

2000: S.2295/A.4095 Referred to Transportation 2001-02: S.1999/A.3337 No action 2003-04: S.1169 No action 2005-06: S.2408/A.4643 Referred to Transportation 2007-08: S.3064 Referred to Transportation 2009-10: S.1953/A.6880 Referred to Transportation 2011-11: S.3340/A.2676 Referred to Transportation 2013-14: S.377 Referred to Transportation

Fiscal implications

None to New York State.

Effective date

Effective immediately.