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 - Dead) 2020-01-08 - 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 of15such 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. LBD10078-01-9S. 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-11icapped] 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 retail39stores 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 [the41handicapped] 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 disabilitiesS. 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-8icapped] 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 ofS. 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-41icapped] 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 disabilitiesS. 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 orS. 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-6icapped] 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-56icapped] persons with disabilities parking education program shallS. 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-19ically 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 ofS. 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.
