Bill Text: NY S05099 | 2017-2018 | General Assembly | Introduced
Bill Title: Authorizes counties to establish a handicapped parking enforcement grant program which program shall be funded by a mandatory surcharge imposed upon persons who unlawfully use parking spaces reserved for the handicapped; provides for a $25 surcharge by a court resulting from a violation of the vehicle and traffic law governing parking in a handicapped parking spot.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO TRANSPORTATION [S05099 Detail]
Download: New_York-2017-S05099-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5099 2017-2018 Regular Sessions IN SENATE 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: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 224-b to read as follows: 3 § 224-b. Handicapped parking enforcement grant program. "The 4 program", as used in this section, shall mean the handicapped parking 5 enforcement grant program, a program established pursuant to this 6 section, and approved by the commissioner. 7 1. Program establishment. (a) Where a county establishes a program, 8 pursuant to this section, it shall receive the twenty-five dollar 9 surcharge collected by any court, judge, magistrate or other officer 10 within that county, including, where appropriate, a hearing officer 11 acting on behalf of the commissioner, imposed for violations of subdivi- 12 sion two of section one thousand two hundred three-b of this chapter and 13 imposed pursuant to subdivision three of section one thousand two 14 hundred three-b of this chapter. Upon receipt of these moneys, the 15 county shall deposit them in a separate account entitled "handicapped 16 parking enforcement grant program" and they shall be under the exclusive 17 care, custody and control of the chief fiscal officer of each county 18 participating in the program. 19 (b) Expenditures from such account shall only be made pursuant to the 20 approval of a county program by the commissioner and shall be awarded 21 solely in support of activities related to this program conducted by a 22 local law enforcement agency. The chief fiscal officer of each partic- 23 ipating county shall, on a quarterly basis, forward to the commissioner 24 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. LBD00867-01-7S. 5099 2 1 2. Program organization. (a) Where a program is established by a coun- 2 ty, it shall be organized by a coordinator, who shall be designated by 3 the chief executive officer of the county, if there be one, otherwise 4 the chairman of the governing board of the county, or in the city of New 5 York, a person designated by the mayor thereof. Where a coordinator is 6 designated, the coordinator shall receive such salary and expenses as 7 the board of legislators or other governing body of such county may fix 8 and properly account for such expenses and shall serve at the pleasure 9 of such appointing body or officer. 10 (b) In counties having a county traffic safety board, the chief execu- 11 tive officer, if there be one, otherwise the chairman of the governing 12 board of the county or the mayor of the city of New York, may designate 13 the chairman of the board or a member thereof as coordinator of the 14 program. 15 (c) The salary and other expenses of the coordinator shall be paid 16 from monies deposited into the county's handicapped parking enforcement 17 grant program account. 18 3. Purposes. (a) The program shall provide a plan for coordination of 19 county, town, city and village efforts to restrict the area of parking 20 space reserved for handicapped persons to such persons. 21 (b) The program shall, where approved by the county board or other 22 governing body, provide funding for such activities as the board or 23 other body may approve, for the above-described purposes. 24 4. Duties of the coordinator; reports. (a) It shall be the duty of the 25 coordinator to: 26 (1) Render annually or at the request of the county legislature or 27 other governing body of the county, a verified account of all moneys 28 received and expended by the coordinator or under the coordinator's 29 direction and an account of other pertinent matters. 30 (2) Submit annually or upon request of the chief fiscal officer of 31 each county participating in the program, in such manner as may be 32 required by law, an estimate of the funds required to carry out the 33 purposes of this section. 34 (3) Make an annual report to the commissioner, which shall be due on 35 or before the first of April of each year following the implementation 36 of said program, and shall include the following: 37 a. the progress, problems and other matters related to the adminis- 38 tration of said program; and 39 b. an assessment of the effectiveness of the program within the 40 geographic area of the county participating therein and any and all 41 recommendations for expanding and improving said program. 42 (b) Any annual report shall also contain the following, in a form 43 prescribed by the commissioner: 44 (1) Number of arrests for violations; 45 (2) Number and description of dispositions resulting therefrom; 46 (3) Total fine moneys returned to the participating county in 47 connection with the program; 48 (4) Contemplated programs; 49 (5) Distribution of moneys in connection with program administration; 50 (6) Any other information required by the commissioner. 51 5. County purpose and charge. The provisions of this section and 52 expenditures made hereunder shall be deemed a county purpose and charge. 53 6. Program approval. The program, including a proposed operational 54 budget, shall be submitted by each county coordinator to the commission- 55 er for approval. A second copy of each such proposal shall be filed withS. 5099 3 1 the comptroller. The commissioner shall consider the following before 2 approving said program: 3 (a) The interrelationship of such program with existing programs in 4 areas including, but not limited to, law enforcement, prosecution, adju- 5 dication and education. 6 (b) Avoidance of duplication of existing programs funded or operated 7 by either the state or any municipality. 8 (c) All other factors which the commissioner shall deem necessary. 9 7. Duties of the commissioner. (a) The commissioner shall compile the 10 reports submitted by the county coordinators and shall issue a compre- 11 hensive report on such programs to the governor and to the legislature. 12 (b) The commissioner shall monitor all programs to ensure satisfactory 13 implementation in conjunction with the established program application 14 goals. 15 8. Program cessation. When a participating county wishes to cease its 16 program, the coordinator shall notify the commissioner in writing of the 17 date of termination and all money remaining in the program established 18 by that county pursuant to subdivision one of this section on such date 19 shall be transferred to the general fund of the state treasury. 20 9. Program audit. The comptroller is authorized to conduct audits of 21 any program established pursuant to this section for the purposes of 22 determining compliance with the provisions of this section and with 23 generally accepted accounting principles. 24 § 2. Section 1203-b of the vehicle and traffic law is amended by 25 adding a new subdivision 3 to read as follows: 26 3. In any county which has established a handicapped parking enforce- 27 ment grant program, in addition to any other fine or penalty imposed 28 upon a person who unlawfully stops, stands or parks a vehicle in any 29 area designated as a place for handicapped parking, there shall be 30 imposed a mandatory surcharge of twenty-five dollars. Such surcharge 31 shall be deposited in such county's handicapped parking enforcement 32 grant program account established in accordance with section two hundred 33 twenty-four-b of this chapter. 34 § 3. This act shall take effect immediately.
