Bill Text: NY S05459 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to accessible parking space requirements for persons with disabilities; imposes requirements based upon the 2015 International Building Code, as adopted by New York State; and replaces the term "handicapped" with "persons with disabilities" for vehicle and traffic purposes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-05-01 - REFERRED TO TRANSPORTATION [S05459 Detail]

Download: New_York-2019-S05459-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5459
                               2019-2020 Regular Sessions
                    IN SENATE
                                       May 1, 2019
                                       ___________
        Introduced  by  Sen. RITCHIE -- 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  accessible
          parking  space requirements for persons with disabilities and enforce-
          ment of illegal parking; and to amend the vehicle and traffic law  and
          the  general  business  law,  in relation to replacing the term "hand-
          icapped" with the term "persons with disabilities"
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 1203-c of the vehicle and traffic law, as added by
     2  chapter 203 of the laws of 1981, subdivision 2 as amended by chapter 350
     3  of the laws of 1993, paragraph (a) of subdivision 2 as amended by  chap-
     4  ter  199  of the laws of 2005, paragraph (b) of subdivision 2 as amended
     5  by chapter 274 of the laws of 2012, subdivision 4 as amended by  chapter
     6  613  of  the  laws of 2003, and subdivision 6 as added by chapter 508 of
     7  the laws of 1992, is amended to read as follows:
     8    1. Any person, firm or corporation owning a shopping center or facili-
     9  ty with [at least five separate retail stores and at least  twenty]  off
    10  street  parking spaces which are provided for use by the shopping public
    11  must designate [as only for  the  handicapped  and]  accessible  parking
    12  spaces  as  required  by section 1106 of the 2015 International Building
    13  Code, as adopted by New York State. Such parking spaces must be  clearly
    14  [mark]  marked  for use by [the handicapped a minimum of five percent of
    15  such parking spaces or ten such spaces whichever is less]  persons  with
    16  disabilities.    The  number  of  accessible  parking spaces shall be in
    17  compliance with table 1106.1 of the 2015 International Building Code, as
    18  adopted by New York  State,  except  as  required  by  sections  1106.2,
    19  1106.3,  and  1106.4 of the 2015 International Building Code, as adopted
    20  by New York State. Where more than one parking facility is provided on a
    21  site, the number of parking spaces required to be  accessible  shall  be
    22  calculated  separately  for  each parking facility. These spaces must be
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10078-01-9

        S. 5459                             2
     1  located as close as reasonably practicable to  the  shopping  center  or
     2  facility  and  reasonably distributed so as to provide convenient access
     3  for use by [handicapped] drivers with disabilities.  Such parking spaces
     4  are  to  be  used  either  by  [handicapped]  drivers  with disabilities
     5  displaying a special municipal parking permit  (as  defined  in  section
     6  twelve  hundred three-a of this [chapter] article and distributed by the
     7  commissioner of motor vehicles to local governing bodies to be issued to
     8  [handicapped] persons with disabilities who reside in such locality)  or
     9  by  motor  vehicles  registered  in accordance with section four hundred
    10  four-a of this chapter and being used for the transportation of a [hand-
    11  icapped] person with a disability.
    12    2. (a) The parking spaces designated pursuant  to  the  provisions  of
    13  this  section  shall  be  clearly  identified  for  use by [handicapped]
    14  persons with disabilities which designation  shall  include  conspicuous
    15  and  permanently  installed above grade signs which display the interna-
    16  tional symbol of access and which shall be positioned from  the  parking
    17  space surface at a height of not less than five feet nor more than seven
    18  feet  and  may  include  the use of blue painted lines or markings. Such
    19  parking spaces also may be marked as tow-away zones.
    20    (b) Whenever a person, firm or corporation creates an off-street park-
    21  ing lot or parking garage, or repaves or repaints more than one-half  of
    22  the total number of parking spaces in an off-street parking lot or park-
    23  ing  garage,  which contains designated [handicapped] parking spaces for
    24  persons with disabilities, or creates designated  [handicapped]  parking
    25  spaces  for  persons  with  disabilities in an off-street parking lot or
    26  parking garage, or repaves or repaints more than one-half of  the  total
    27  number of designated [handicapped] parking spaces for persons with disa-
    28  bilities  in  an  off-street  parking lot or parking garage, the size of
    29  designated [handicapped] parking spaces for  persons  with  disabilities
    30  and  designated  [handicapped]  parking  space access aisles for persons
    31  with disabilities each shall be at least eight feet  wide.  Such  access
    32  aisles  also shall be (i) clearly designated with conspicuous and perma-
    33  nently installed above grade signs which shall read "No Parking Anytime"
    34  and which shall be positioned from the access aisle surface at a  height
    35  of  not  less  than  five feet nor more than seven feet, and (ii) marked
    36  with diagonal stripes.
    37    3. A violation of this section by  any  person,  firm  or  corporation
    38  owning a shopping center or facility with [at least five separate retail
    39  stores and at least twenty] off street parking spaces which are provided
    40  for use by the shopping public who fails to provide spaces only for [the
    41  handicapped]  persons  with  disabilities  and clearly marked for use by
    42  [the handicapped] persons with  disabilities  in  accordance  with  this
    43  section, shall be punishable by a fine up to two hundred fifty dollars.
    44    4.  Except  as  otherwise provided by local law which imposes a larger
    45  maximum fine, any person who stops, stands or parks  in  spaces  clearly
    46  marked for use by [the handicapped] persons with disabilities in accord-
    47  ance with this section, without a special vehicle identification parking
    48  permit, a special municipal parking permit or whose motor vehicle is not
    49  registered  in accordance with section four hundred four-a of this chap-
    50  ter and being used for the  transportation  of  [a  handicapped  person]
    51  persons  with disabilities; or with such permit or registration and such
    52  person is not the one to whom the permit or registration was  issued  or
    53  is not transporting the person issued the permit or registration; or any
    54  person  who parks in [a handicapped] an accessible parking access aisle;
    55  or any person who parks in a manner that blocks ingress or egress from a
    56  vehicle utilizing a space reserved for use by persons with  disabilities

        S. 5459                             3
     1  shall  be subject to a fine of not less than fifty dollars nor more than
     2  seventy-five dollars for the  first  offense  and  seventy-five  to  one
     3  hundred  fifty  dollars for the second offense occurring within a period
     4  of  two  years  within the same municipality. The arresting or ticketing
     5  officer shall issue a summons to violators of this section. A  ticketing
     6  officer  issuing  a summons pursuant to this section may provide for the
     7  removal and storage of a motor vehicle  illegally  parked  in  [a  hand-
     8  icapped]  an  accessible parking space, or [a handicapped] an accessible
     9  parking access aisle.
    10    5. As used in this section, the  term  ["handicapped"]  "persons  with
    11  disabilities" shall also include a "severely disabled person" as defined
    12  in section four hundred four-a of this chapter.
    13    6.  Notwithstanding  any  other  state or local law to the contrary, a
    14  state, county or municipal law enforcement officer  seeking  to  enforce
    15  subdivision  four of this section, may enter onto the parking lot of any
    16  shopping center or facility as described  in  subdivision  one  of  this
    17  section  or  any  other  parking  lot  as  described  in  the state fire
    18  prevention and building code, which is required  to  contain  accessible
    19  and  designated  parking spaces for people with disabilities, regardless
    20  of the existence or absence of any state or local law or rule  otherwise
    21  permitting or restricting such access for such law enforcement officer.
    22    §  2.  Subparagraph  (ii) of paragraph (a) of subdivision 2 of section
    23  237 of the vehicle and traffic law, as amended by  chapter  458  of  the
    24  laws of 2010, is amended to read as follows:
    25    (ii)  [handicapped]  persons  with disabilities parking violations for
    26  which monetary penalties shall not exceed one hundred fifty dollars; and
    27    § 3. Subparagraph 2 of paragraph (b) of subdivision 20 of section  375
    28  of the vehicle and traffic law, as amended by chapter 190 of the laws of
    29  2014, is amended to read as follows:
    30    (2) The universal [handicapped] persons with disabilities symbol shall
    31  be  conspicuously  displayed  on  the exterior of every omnibus equipped
    32  with a wheelchair lift which transports children with disabilities.  The
    33  commissioner   shall  promulgate  regulations  regarding  the  size  and
    34  location of  such  universal  [handicapped]  persons  with  disabilities
    35  symbol.  The commissioner shall require that any new signage relating to
    36  accessibility installed or replaced on or after the  effective  date  of
    37  the  chapter  of  the  laws  of two thousand fourteen which amended this
    38  subparagraph depict the logo  promulgated  by  the  secretary  of  state
    39  pursuant to section one hundred one of the executive law.
    40    § 4. Subdivision 3 of section 404-a of the vehicle and traffic law, as
    41  added by chapter 601 of the laws of 1987, is amended to read as follows:
    42    3.  Registration  of vehicles owned by severely disabled veterans. The
    43  commissioner shall assign to such motor vehicles, including any vans  or
    44  pick-up  trucks  used  for  transporting [handicapped] disabled veterans
    45  which are not used for commercial purposes and which are owned  by  such
    46  veterans  or  a  not-for-profit  corporation  serving  such  veterans, a
    47  distinctive number and issue and deliver in such manner as  the  commis-
    48  sioner  may  prescribe  to the owner a certification of registration, in
    49  such form as the commissioner shall prescribe  and  two  number  plates,
    50  called  disabled  veteran  plates. Said severely disabled veteran plates
    51  shall conform to the requirements of section four hundred  one  of  this
    52  chapter,  but  shall  bear  distinctive  marks  to distinguish them from
    53  number plates to be issued to other persons, qualifying under this chap-
    54  ter. The commissioner in his discretion, may issue, for any registration
    55  year, only one plate as a set for a motor vehicle, in which event a  set
    56  of severely disabled veteran plates for a motor vehicle shall consist of

        S. 5459                             4
     1  one  plate. Where a severely disabled veteran owns more than one vehicle
     2  and such vehicle or vehicles is or are used by severely disabled members
     3  of the owner's family who reside with the owner, the commissioner  shall
     4  issue one set of plates for each additional vehicle used by such severe-
     5  ly  disabled  veteran,  provided  that such user qualifies as a severely
     6  disabled veteran in the manner required by this section. For purposes of
     7  this subdivision, the term "severely disabled veteran"  shall  mean  any
     8  member  of  the  armed forces of the United States who served in time of
     9  war, as defined in section eighty-five of the  civil  service  law,  and
    10  whose  disability qualifies him as a severely disabled person within the
    11  meaning of such term as defined in subdivision four of this section.
    12    § 5. Subdivision (c) of section 1100 of the vehicle and  traffic  law,
    13  as  amended  by  chapter  436 of the laws of 1985, is amended to read as
    14  follows:
    15    (c) Notwithstanding the provisions of subdivision (b) of this section,
    16  the provisions of subparagraph e of paragraph two of subdivision (a)  of
    17  section  twelve  hundred  two and section twelve hundred three-c of this
    18  chapter shall also apply to any area which  has  been  designated  as  a
    19  place  for  parking  for [handicapped persons] persons with disabilities
    20  pursuant to such section.
    21    § 6. The section heading, paragraph (ii) of subdivision 1, subdivision
    22  2 and subdivision 4 of section 1203-a of the vehicle  and  traffic  law,
    23  the section heading as amended and subdivision 2 as added by chapter 690
    24  of the laws of 1982, paragraph (ii) of subdivision 1 as amended by chap-
    25  ter  180 of the laws of 1996 and subdivision 4 as amended by chapter 298
    26  of the laws of 2007, are amended to read as follows:
    27    Parking permits for [handicapped] persons with disabilities.
    28    (ii) any state facility, or agency licensed by the state of  New  York
    29  or  any of its political subdivisions, that operates a motor vehicle for
    30  purposes of transporting [handicapped] persons with  disabilities,  upon
    31  the application of such a facility or agency.
    32    2.  The  special  vehicle  identification parking permit issued by the
    33  commissioner shall be recognized statewide  and,  except  for  a  permit
    34  issued  pursuant  to  and used subject to the limitations of subdivision
    35  three of this section is the  only  valid  permit  for  the  purpose  of
    36  preserving  parking  spaces for [the handicapped] persons with disabili-
    37  ties.
    38    4. A person who knowingly and wilfully  with  the  intent  to  deceive
    39  makes a false statement or gives information which such individual knows
    40  to  be  false to a public official to obtain a parking permit for [hand-
    41  icapped] persons with disabilities or to prevent  the  marking  on  such
    42  permit  of  the  last  three  digits of a driver's license or non-driver
    43  identification card held by such person, in addition to any other penal-
    44  ty provided by law, shall be subject to a civil penalty of not less than
    45  two hundred fifty dollars nor more than one thousand dollars.
    46    § 7. Section 1203-b of the vehicle and  traffic  law,  as  amended  by
    47  chapter 203 of the laws of 1981, is amended to read as follows:
    48    § 1203-b. Parking  spaces; [handicapped] persons with disabilities. 1.
    49  Parking spaces  for  [the  handicapped]  persons  with  disabilities  as
    50  provided  for in sections one thousand two hundred three-a and one thou-
    51  sand two hundred three-c of this chapter shall also  be  extended  to  a
    52  motor  vehicle registered in accordance with section four hundred four-a
    53  of this chapter. A [handicapped] permit issued for persons with disabil-
    54  ities in accordance with the provisions of section thousand two  hundred
    55  three-a of this chapter shall entitle the driver to park in such parking
    56  spaces.  Parking  spaces for [the handicapped] persons with disabilities

        S. 5459                             5
     1  shall be those parking spaces accorded to a holder  of  a  [handicapped]
     2  persons  with  disabilities  parking  permit provided in accordance with
     3  section one thousand two hundred three-a or as provided in section  four
     4  hundred four-a of this chapter.
     5    2.  It  shall  be  a violation for any person to stop, stand or park a
     6  vehicle in any area designated as a place for [handicapped] parking  for
     7  persons with disabilities unless the vehicle bears a permit issued under
     8  section  one thousand two hundred three-a or a registration issued under
     9  section four hundred four-a of this chapter and such  vehicle  is  being
    10  used  for  the transportation of persons with disabilities or a severely
    11  disabled [or handicapped] person. This subdivision shall not apply to  a
    12  violation of section twelve hundred three-c of this chapter.
    13    §  8.  Section  1203-e  of  the vehicle and traffic law, as amended by
    14  chapter 65 of the laws of 1996, is amended to read as follows:
    15    § 1203-e. Dumping snow onto parking places for  [handicapped]  persons
    16  with  disabilities prohibited. Any person who knowingly dumps or shovels
    17  snow onto a parking place for [handicapped]  persons  with  disabilities
    18  rendering such place unusable for parking purposes shall be subject to a
    19  fine  of  twenty-five  dollars  for  the first offense and a fine not to
    20  exceed one hundred dollars for  every  offense  thereafter.  However,  a
    21  local  or municipal government may, by local law or ordinance, establish
    22  fines higher than those established in this section, but in no  instance
    23  shall  the  fines  exceed  fifty  dollars  for  the first offense or two
    24  hundred dollars for the second or subsequent offense.
    25    § 9. Section 1203-f of the vehicle and traffic law, as added by  chap-
    26  ter 335 of the laws of 1997, is amended to read as follows:
    27    § 1203-f. [Handicapped] Persons with disabilities parking enforcement.
    28  1.    A county, city, town or village may, by adoption of a local law or
    29  ordinance, establish a [handicapped] persons with  disabilities  parking
    30  violation  unit  to  assist  in the enforcement of [handicapped] persons
    31  with disabilities parking laws or ordinances.  Persons appointed to such
    32  unit shall be volunteers, shall serve without compensation, and shall be
    33  authorized to provide evidence of violations  of  [handicapped]  persons
    34  with  disabilities  parking  laws or ordinances to the appropriate local
    35  enforcement  authority.  Such  evidence  may  include  photographing   a
    36  violation, provided that such photograph is taken and handled in compli-
    37  ance with the requirements of this section.
    38    2.  A local law or ordinance enacted in accordance with the provisions
    39  of this section shall:
    40    (a)  establish  a training program of no less than two hours in length
    41  and require each volunteer to participate in and complete such  training
    42  program;
    43    (b)  provide  for  the  assignment of an identification number to each
    44  volunteer, and provide official identification and equipment  to  assist
    45  volunteer personnel in the conduct of their duties;
    46    (c) establish uniform procedures for volunteers to follow in determin-
    47  ing whether a violation has occurred;
    48    (d)  establish  procedures  for  the  uniform reporting of violations,
    49  which reporting shall include the identification number of the volunteer
    50  making the report;
    51    (e) if such local law or ordinance provides for the taking  of  photo-
    52  graphs of violations, (i) grant only the enforcement agency the authori-
    53  ty to process or to contract for the processing of all film submitted by
    54  volunteers;  (ii)  require  any photographs evidencing a violation to be
    55  available for inspection in any proceeding to adjudicate  the  liability
    56  for  such  violation;  (iii)  provide  that  a  certificate, sworn to or

        S. 5459                             6
     1  affirmed by a technician employed by the locality in which  the  charged
     2  violation  occurred,  or  a  facsimile thereof, based upon inspection of
     3  photographs produced from film submitted by volunteers, shall  be  prima
     4  facie evidence of the facts contained therein; and (iv) prohibit the use
     5  of  such a photograph for any purpose other than as evidence of a [hand-
     6  icapped] persons with disabilities parking violation; and
     7    (f) provide the following with respect to notices of violation:  (i) a
     8  notice of violation shall be sent by first class  mail  to  each  person
     9  alleged  to  be  liable  as  an owner for a violation of a [handicapped]
    10  persons with disabilities parking law or ordinance.  A manual  or  auto-
    11  matic  record  of  mailing  prepared  in the ordinary course of business
    12  shall be prima facie evidence of the facts  contained  therein;  (ii)  a
    13  notice  of  violation  shall  reference  the  law  which  was  allegedly
    14  violated, and shall contain the name and address of the  person  alleged
    15  to be liable as an owner for a violation of a [handicapped] persons with
    16  disabilities  parking  law  or ordinance, the registration number of the
    17  vehicle involved in such violation, the location  where  such  violation
    18  took  place, the date and time of such violation, and the identification
    19  number of the volunteer who recorded the violation; (iii)  a  notice  of
    20  violation  shall  contain information advising the person charged of the
    21  manner and the time in which he or she may contest the violation alleged
    22  in the notice, and shall also contain a warning to  advise  the  persons
    23  charged that failure to contest in the manner and time provided shall be
    24  deemed  an  admission  of  liability  and that a default judgment may be
    25  entered thereon.
    26    § 10. Section 1203-g of the vehicle and traffic law, as added by chap-
    27  ter 497 of the laws of 1999, is amended to read as follows:
    28    § 1203-g. Establishment of the [handicapped] persons with disabilities
    29  parking education program. 1. Every county and  the  city  of  New  York
    30  shall establish a separate [handicapped] persons with disabilities park-
    31  ing  education program. Each program shall be organized by a coordinator
    32  for [handicapped] persons with disabilities parking education and  advo-
    33  cacy,  who  shall  be  designated  by the chief executive officer of the
    34  county, if there be one, otherwise by the chair of the  governing  board
    35  of  the  county, and in the city of New York, a person designated by the
    36  mayor thereof.
    37    2. The  [handicapped]  persons  with  disabilities  parking  education
    38  program  shall  be  established for the purposes of providing education,
    39  advocacy and increased awareness of [handicapped] persons with disabili-
    40  ties parking laws. The program shall provide funding for activities such
    41  as  public  service  announcements,  public  education   and   awareness
    42  campaigns, distribution of literature, and any other activities that are
    43  consistent with such purposes.
    44    3.  It shall be the duty of the coordinator to: (a) render annually or
    45  at the request of the county legislature or other governing body of  the
    46  county,  a  verified  account of all moneys received and expended by the
    47  coordinator or under the coordinator's direction and an account of other
    48  pertinent matters; and (b) make a biennial report to  the  commissioner,
    49  which shall be due on the first day of April every second year following
    50  implementation  of  the  program  and shall include an assessment of the
    51  effectiveness of the program, recommendations for expanding and  improv-
    52  ing  the program and any problems or other matters related to the admin-
    53  istration of the program. Such report shall also be  made  available  to
    54  the temporary president of the senate and the speaker of the assembly.
    55    4.  Every  county  and  the city of New York that establishes a [hand-
    56  icapped] persons  with  disabilities  parking  education  program  shall

        S. 5459                             7
     1  establish  a  separate  [handicapped]  persons with disabilities parking
     2  education fund in the custody of the chief fiscal officer of  each  such
     3  county  or  city,  by  April first, two thousand, which shall consist of
     4  moneys  granted  to  such  county  or  city pursuant to section eighteen
     5  hundred nine-b of this chapter. No provision of law shall be  deemed  to
     6  preclude  a  county  or  the  city of New York from receiving funds from
     7  other sources to be deposited in the [handicapped] persons with disabil-
     8  ities parking education fund, provided such funds are used in  a  manner
     9  and  for  purposes consistent with this section. The moneys of such fund
    10  shall be disbursed to provide education, advocacy and  increased  aware-
    11  ness  of [handicapped] persons with disabilities parking laws and may be
    12  used to execute contracts with private organizations for such  purposes.
    13  Such contracts shall be awarded upon competitive bids after the issuance
    14  of requests for proposal.
    15    § 11. Section 1226 of the vehicle and traffic law, as amended by chap-
    16  ter 506 of the laws of 1971, is amended to read as follows:
    17    § 1226. Control of steering mechanism. No person shall operate a motor
    18  vehicle  without  having  at  least one hand or, in the case of a [phys-
    19  ically handicapped person] person with a physical disability,  at  least
    20  one prosthetic device or aid on the steering mechanism at all times when
    21  the motor vehicle is in motion.
    22    § 12. Section 1809-b of the vehicle and traffic law, as added by chap-
    23  ter 497 of the laws of 1999, is amended to read as follows:
    24    § 1809-b. Mandatory surcharge required for certain violations relating
    25  to  [handicapped]  persons with disabilities parking spaces. 1. Notwith-
    26  standing any other provision of law, whenever proceedings in an adminis-
    27  trative tribunal or a  court  result  in  a  finding  of  liability,  or
    28  conviction  for  a  violation  of section twelve hundred three-a, twelve
    29  hundred three-b or twelve hundred three-c of this chapter or  any  other
    30  statute, local law, ordinance or rule involving the parking, stopping or
    31  standing  of  motor vehicles registered pursuant to section four hundred
    32  four-a of this chapter or those possessing a special vehicle identifica-
    33  tion parking permit issued in accordance with section one  thousand  two
    34  hundred  three-a  of  this  chapter,  there  shall be levied a mandatory
    35  surcharge in addition to any other sentence, fine or  penalty  otherwise
    36  permitted  or  required, in the amount of thirty dollars. Such surcharge
    37  shall not be deemed a monetary penalty for the purposes of  section  two
    38  hundred  thirty-seven  of this chapter or section 19-203 of the adminis-
    39  trative code of the city of New York.
    40    2. The mandatory surcharge provided for in  subdivision  one  of  this
    41  section shall be paid to the clerk of the court or administrative tribu-
    42  nal  that made the determination of liability. Within the first ten days
    43  of the month next succeeding  the  collection  of  such  surcharge,  the
    44  collecting  authority shall pay fifteen dollars of such surcharge to the
    45  chief fiscal officer of the county in which such violation  occurred  or
    46  of  the city of New York, for deposit to the credit of the [handicapped]
    47  persons with disabilities parking education fund of such county or  city
    48  established  pursuant  to section twelve hundred three-g of this chapter
    49  which shall be used by such county or city solely  for  a  [handicapped]
    50  persons  with  disabilities  parking  education program pursuant to such
    51  section. The remaining amount of the surcharge  shall  be  paid  to  the
    52  chief  fiscal  officer  of the municipality from which it originated and
    53  used by such municipality for its local criminal  justice  programs  and
    54  purposes;  provided,  however,  that  such  municipality  shall  use ten
    55  percent of such funds  for  developing  and  implementing  a  disability
    56  awareness  program for local law enforcement agencies for the purpose of

        S. 5459                             8
     1  training local law enforcement personnel to recognize and  appropriately
     2  respond  to persons with disabilities with whom such personnel come into
     3  contact in the course of their duties.
     4    §  13.  Subdivisions 1 and 2 of section 396-bb of the general business
     5  law, as amended by chapter 228 of the laws of 2010, are amended to  read
     6  as follows:
     7    1.  Any  person, firm or corporation owning or operating a premises or
     8  facility for the retail sale of motor fuels for use  in  motor  vehicles
     9  and  offering  self  service  and  full service at the same time, shall,
    10  between the hours of seven o'clock in the morning and seven  o'clock  in
    11  the  evening,  provide  full  service  of  such  motor fuels to disabled
    12  persons with a valid New York state disabled person license plate  or  a
    13  valid  parking permit for [handicapped] persons with disabilities issued
    14  pursuant to section twelve hundred three-a of the  vehicle  and  traffic
    15  law  at  the same price charged for such motor fuels at the self service
    16  islands and shall post a notice in a manner and in at least one location
    17  which is conspicuous to a person seeking refueling service, including  a
    18  depiction of the international symbol of access and stating as follows:
    19                 Full service at self service prices
    20                 7 a.m. to 7 p.m.
    21          Such notice may also further state,
    22                 For  persons with a valid New York state disabled license
    23                 plate or a valid parking permit for [handicapped] persons
    24                 with disabilities.
    25    2. For purposes of this section "disabled person" shall mean a  regis-
    26  tered  owner  or  authorized  operator  of  a motor vehicle who has been
    27  issued special license tags by the state or a valid parking  permit  for
    28  [handicapped]  persons  with  disabilities  issued  pursuant  to section
    29  twelve hundred three-a of the vehicle and traffic law.
    30    § 14. This act shall take effect immediately.
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