Bill Text: NY A08303 | 2023-2024 | General Assembly | Introduced

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Bill Title: Increases the penalties for stopping, standing, or parking in handicapped spaces without a handicapped permit to not less than one hundred fifty dollars nor more than three hundred dollars for the first offense and three hundred to five hundred fifty dollars for the second offense occurring within a period of five years within the state.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to transportation [A08303 Detail]

Download: New_York-2023-A08303-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8303

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    November 27, 2023
                                       ___________

        Introduced by M. of A. SAYEGH -- read once and referred to the Committee
          on Transportation

        AN  ACT  to amend the vehicle and traffic law, in relation to increasing
          the penalties for stopping, standing, or parking in handicapped spaces
          without a handicapped permit

          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  shall  be  a violation for any person to stop, stand or park a
     5  vehicle in any area designated as a place for handicapped parking unless
     6  the vehicle bears a permit issued under section one thousand two hundred
     7  three-a or a registration issued under section four  hundred  four-a  of
     8  this  chapter and such vehicle is being used for the transportation of a
     9  severely  disabled  or  handicapped  person.  The  penalty  for  such  a
    10  violation shall be a fine of not less than one hundred fifty dollars nor
    11  more than  three hundred dollars for the first offense and three hundred
    12  to  five hundred fifty dollars for the second offense under this section
    13  or section one thousand two hundred three-c of  this  article  occurring
    14  within  a  period of five years within the state. This subdivision shall
    15  not apply to a violation of section twelve hundred three-c of this chap-
    16  ter.
    17    § 2. Subdivision 4 of section 1203-c of the vehicle and  traffic  law,
    18  as  amended  by  chapter  424 of the laws of 2022, is amended to read as
    19  follows:
    20    4. Except as otherwise provided by local law which  imposes  a  larger
    21  maximum  fine,  any  person who stops, stands or parks in spaces clearly
    22  marked for use by the handicapped either: (a) in  accordance  with  this
    23  section;  or  (b)  in  the parking area of a shopping center or facility
    24  with at least one but less than five separate retail stores and at least

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13459-01-3
        A. 8303                             2

     1  twenty off street parking  spaces  provided  for  use  by  the  shopping
     2  public,  in accordance with the state fire prevention and building code,
     3  without a special  vehicle  identification  parking  permit,  a  special
     4  municipal  parking  permit  or  whose motor vehicle is not registered in
     5  accordance with section four hundred four-a of this  chapter  and  being
     6  used for the transportation of a handicapped person; or with such permit
     7  or  registration  and  such  person is not the one to whom the permit or
     8  registration was issued or is not transporting  the  person  issued  the
     9  permit or registration; or any person who parks in a handicapped parking
    10  access  aisle;  shall  be subject to a fine of not less than one hundred
    11  fifty dollars nor more than [seventy-five] three hundred dollars for the
    12  first offense and [seventy-five] three hundred  to  [one]  five  hundred
    13  fifty  dollars  for  the  second offense occurring under this section or
    14  section one thousand two hundred three-b of this article within a period
    15  of [two] five years within the [same municipality] state. The  arresting
    16  or ticketing officer shall issue a summons to violators of this section.
    17  A  ticketing  officer  issuing  a  summons  pursuant to this section may
    18  provide for the removal and storage of a motor vehicle illegally  parked
    19  in a handicapped parking space, or a handicapped parking access aisle.
    20    §  3.  This  act shall take effect on the thirtieth day after it shall
    21  have become a law.