Bill Text: NY S00274 | 2011-2012 | General Assembly | Amended

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Bill Title: Increases the fines for certain handicapped parking violations and imposes two points on the violator's record for a second offense within two years in the same municipality.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO TRANSPORTATION [S00274 Detail]

Download: New_York-2011-S00274-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        274--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sens.  MAZIARZ,  DeFRANCISCO,  DIAZ,  FUSCHILLO,  LANZA,
         RANZENHOFER, SALAND, SEWARD, YOUNG -- read twice and ordered  printed,
         and when printed to be committed 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  penalties
         for certain handicapped parking violations
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    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 to read
    3  as follows:
    4    2. [It] NOTWITHSTANDING ANY OTHER PROVISION OF LAW  OR  REGULATION  IT
    5  shall  be a violation for any person to stop, stand or park a vehicle in
    6  any area designated as a place for handicapped parking unless the  vehi-
    7  cle  bears  a  permit  issued  under  section  [one thousand two hundred
    8  three-a] TWELVE HUNDRED THREE-A OF THIS ARTICLE or a registration issued
    9  under section four hundred four-a of this chapter and  such  vehicle  is
   10  being  used for the transportation of a severely disabled or handicapped
   11  person. [This subdivision shall not apply  to  a  violation  of  section
   12  twelve  hundred  three-c  of  this chapter.] ANY PERSON WHO VIOLATES THE
   13  PROVISIONS OF THIS SUBDIVISION SHALL BE SUBJECT TO A FINE  OF  NOT  LESS
   14  THAN  FIFTY  DOLLARS  NOR  MORE  THAN  ONE HUNDRED DOLLARS FOR THE FIRST
   15  OFFENSE AND ONE HUNDRED TO ONE HUNDRED FIFTY DOLLARS AND THE  IMPOSITION
   16  OF  TWO POINTS ON THE VIOLATOR'S RECORD FOR THE SECOND OFFENSE OCCURRING
   17  WITHIN A PERIOD OF TWO YEARS WITHIN THE SAME MUNICIPALITY.
   18    S 2.  Subdivision 4 of section 1203-c of the vehicle and traffic  law,
   19  as  amended  by  chapter  613 of the laws of 2003, is amended to read as
   20  follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01658-03-1
       S. 274--A                           2
    1    4. Except as otherwise provided by local law which  imposes  a  larger
    2  maximum  fine,  any  person who stops, stands or parks in spaces clearly
    3  marked for use by the handicapped in accordance with this section, with-
    4  out a special vehicle identification parking permit, a special municipal
    5  parking  permit  or  whose motor vehicle is not registered in accordance
    6  with section four hundred four-a of this chapter and being used for  the
    7  transportation of a handicapped person; or with such permit or registra-
    8  tion  and  such person is not the one to whom the permit or registration
    9  was issued or is not transporting the person issued the permit or regis-
   10  tration; or any person who parks in a handicapped parking access  aisle;
   11  shall  be subject to a fine of not less than fifty dollars nor more than
   12  [seventy-five] ONE HUNDRED dollars for the first offense  and  [seventy-
   13  five] ONE HUNDRED to one hundred fifty dollars AND THE IMPOSITION OF TWO
   14  POINTS  ON THE VIOLATOR'S RECORD for the second offense occurring within
   15  a period of two years within the same  municipality.  The  arresting  or
   16  ticketing  officer shall issue a summons to violators of this section. A
   17  ticketing officer issuing a summons pursuant to this section may provide
   18  for the removal and storage of a motor vehicle  illegally  parked  in  a
   19  handicapped parking space, or a handicapped parking access aisle.
   20    S 3. This act shall take effect on the one hundred eightieth day after
   21  it shall have become a law; provided, however, that effective immediate-
   22  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   23  necessary for the implementation of this act on its effective  date  are
   24  authorized  and  directed  to  be  made  and completed on or before such
   25  effective date.