N.Y. Vehicle & Traffic Law § 1809-b: Mandatory surcharge required for certain violations relating to handicapped parking spaces

§ 1809-b. Mandatory surcharge required for certain violations relating

to handicapped parking spaces. 1. Notwithstanding any other provision of

law, whenever proceedings in an administrative tribunal or a court

result in a finding of liability, or conviction for a violation of

section twelve hundred three-a, twelve hundred three-b or twelve hundred

three-c of this chapter or any other statute, local law, ordinance or

rule involving the parking, stopping or standing of motor vehicles

registered pursuant to section four hundred four-a of this chapter or

those possessing a special vehicle identification parking permit issued

in accordance with section one thousand two hundred three-a of this

chapter, there shall be levied a mandatory surcharge in addition to any

other sentence, fine or penalty otherwise permitted or required, in the

amount of thirty dollars. Such surcharge shall not be deemed a monetary

penalty for the purposes of section two hundred thirty-seven of this

chapter or section 19-203 of the administrative code of the city of New

York.

2. The mandatory surcharge provided for in subdivision one of this

section shall be paid to the clerk of the court or administrative

tribunal that made the determination of liability. Within the first ten

days of the month next succeeding the collection of such surcharge, the

collecting authority shall pay fifteen dollars of such surcharge to the

chief fiscal officer of the county in which such violation occurred or

of the city of New York, for deposit to the credit of the handicapped

parking education fund of such county or city established pursuant to

section twelve hundred three-g of this chapter which shall be used by

such county or city solely for a handicapped parking education program

pursuant to such section. The remaining amount of the surcharge shall be

paid to the chief fiscal officer of the municipality from which it

originated and used by such municipality for its local criminal justice

programs and purposes; provided, however, that such municipality shall

use ten percent of such funds for developing and implementing a

disability awareness program for local law enforcement agencies for the

purpose of training local law enforcement personnel to recognize and

appropriately respond to persons with disabilities with whom such

personnel come into contact in the course of their duties.