NY State Senate Bill 2021-S1329

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Jan 11, 2021	referred to transportation

2021-S1329 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1203-c, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7611
2015-2016: S2217
2017-2018: S2578
2019-2020: S2082

2021-S1329 (ACTIVE) - Summary

Relates to van accessible handicapped parking.

2021-S1329 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1329

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to van accessi-
ble handicapped parking

 
PURPOSE:

To create van accessible wheelchair only parking spaces.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 1 of section 1203-c of the vehicle and
traffic law, as added by chapter 203 of the laws of 1981.

Section 2: Contains an immediate effective date.

 
JUSTIFICATION:

Currently under the Americans with Disabilities Act, at least 1 handicap
accessible parking space in a parking lot must also be a van accessible
parking spot. In addition, 1 in every 6 handicap accessible spaces must
be a van accessible parking space. For example, if there are 3 handicap
accessible parking spaces, 1 must be van accessible, and if there are 30
handicap accessible parking spaces, 5 must be van accessible. Van acces-
sible parking spaces must be 11 feet wide and have an adjacent access
aisle that is 8 feet wide. The 8 foot access aisle is necessary for vans
equipped with a wheelchair lift in order to have the appropriate space
to deploy the lift.

Often times, these van accessible spots are taken by individuals with
handicap placards who are not wheelchair bound and thus, do not need the
adjacent access aisle. When these van accessible parking spaces are
being used, it creates a significant burden on wheelchair bound motor-
ists. Other handicap spaces and non-handicap spaces are insufficient
because they are not wide enough to accommodate vans.

Although the ADA requires that van accessible parking spots be provided,
it does nothing to prevent non-van handicap vehicles from parking in van
accessible parking spots. This legislation would require that, when a
parking lot has 5 or more handicap accessible parking spaces, every van
accessible parking space is required to be for wheelchair users only.
This would allow non-wheelchair handicap users plenty of other handicap
spaces to use, while preserving van accessible parking spaces for wheel-
chair bound users who desperately need these spaces to park.

 
LEGISLATIVE HISTORY:

2020: S.2082 referred to Transportation/A.3809 referred to Transporta-
tion
2019: S.2082 referred to Transportation/A.3809 referred to Transporta-
tion
2018: S.2578 passed Senate/A.5154 held for consideration in Transporta-
tion.
2017: S.2578 passed Senate/A.5154 referred to Transportation.
2016: S.2217-A referred to Transportation/A.7440 referred to Transporta-
tion.
2015: S.2217 passed Senate/A.7440 referred to Transportation.
2014: S.7611 referred to Rules.

 
FISCAL IMPLICATIONS:

Undetermined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1329 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1329
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced  by  Sen. HELMING -- 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 van accessi-
   ble handicapped parking
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 1203-c of the vehicle and traffic
 law, as added by chapter 203 of the laws of 1981, is amended to read  as
 follows:
   1.  (A)  Any  person,  firm or corporation owning a shopping center or
 facility with at least five separate retail stores and at  least  twenty
 off  street  parking  spaces  which are provided for use by the shopping
 public must designate as only for the handicapped and clearly  mark  for
 use  by the handicapped a minimum of five percent of such parking spaces
 or ten such spaces whichever is less. These spaces must  be  located  as
 close  as  reasonably  practicable  to  the shopping center facility and
 reasonably distributed so as to provide convenient  access  for  use  by
 handicapped  drivers. Such parking spaces are to be used either by hand-
 icapped drivers  displaying  a  special  municipal  parking  permit  (as
 defined  in section twelve hundred three-a of this [chapter] ARTICLE and
 distributed by the commissioner [of motor vehicles] to  local  governing
 bodies  to be issued to handicapped persons who reside in such locality)
 or by motor vehicles registered in accordance with section four  hundred
 four-a  of this chapter and being used for the transportation of a hand-
 icapped person.
   (B) ONE IN EVERY EIGHT HANDICAP ACCESSIBLE SPACES SHALL BE VAN  ACCES-
 SIBLE.  WHERE FIVE OR MORE PARKING SPACES ARE DESIGNATED HANDICAP ACCES-
 SIBLE, ANY SPACE THAT IS DESIGNATED AS VAN ACCESSIBLE SHALL BE  RESERVED
 FOR  WHEELCHAIR  USERS ONLY. A VAN ACCESSIBLE PARKING SPACE RESERVED FOR
 WHEELCHAIR USERS SHALL BE AT LEAST NINE FEET  WIDE  AND  SHALL  HAVE  AN
 ADJACENT ACCESS AISLE THAT IS AT LEAST EIGHT FEET WIDE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03778-01-1

 S. 1329                             2
 
   (C) VAN ACCESSIBLE PARKING SPACES SHALL BE AT LEAST NINE FEET WIDE AND
 SHALL HAVE AN ADJACENT ACCESS AISLE THAT IS AT LEAST SIX FEET WIDE.
   (D)  AN  ACCESS  AISLE, AS DESCRIBED IN PARAGRAPHS (B) AND (C) OF THIS
 SUBDIVISION, SHALL BE LOCATED ON THE PASSENGER SIDE OF THE PARKING SPACE
 EXCEPT THAT TWO ADJACENT ACCESSIBLE PARKING SPACES MAY  SHARE  A  COMMON
 ACCESS AISLE.
   (E)  A  VAN  ACCESSIBLE  PARKING  SPACE  SHALL HAVE AN ADDITIONAL SIGN
 MARKED "VAN ACCESSIBLE" MOUNTED BELOW THE SIGN. A VAN ACCESSIBLE PARKING
 SPACE RESERVED FOR WHEELCHAIR USERS SHALL HAVE A SIGN THAT INCLUDES  THE
 WORDS "WHEELCHAIR USER ONLY."
   (F)  ACCESSIBLE  PARKING SPACES, DECALS AND SIGNS SHALL BE DESIGNED IN
 COMPLIANCE WITH THE STANDARDS SET FORTH BY THE MUNICIPALITY.
   § 2. This act shall take effect immediately.

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Senate Bill S1329

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

2021-S1329 (ACTIVE) - Details

2021-S1329 (ACTIVE) - Summary

2021-S1329 (ACTIVE) - Sponsor Memo

2021-S1329 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1329

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Sponsored By

Pamela Helming

Archive: Last Bill Status - In Senate Committee Transportation Committee

2021-S1329 (ACTIVE) - Details

2021-S1329 (ACTIVE) - Summary

2021-S1329 (ACTIVE) - Sponsor Memo

2021-S1329 (ACTIVE) - Bill Text download pdf

Comments