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.
STATE OF NEW YORK
________________________________________________________________________
1953
2009-2010 Regular Sessions
IN SENATE
February 10, 2009
___________
Introduced by Sen. STACHOWSKI -- 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 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. Article 2 of title 2 of the vehicle and traffic law is
2 amended by adding a new 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.
LBD07921-01-9
S. 1953 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 with
S. 1953 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.
