SUN-35-09-00002-P Proposed Amendments to the Traffic and Parking Regulations of the University at Albany, State University of New York

9/2/09 N.Y. St. Reg. SUN-35-09-00002-P

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 35

September 02, 2009

RULE MAKING ACTIVITIES

STATE UNIVERSITY OF NEW YORK

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. SUN-35-09-00002-P

Proposed Amendments to the Traffic and Parking Regulations of the University at Albany, State University of New York

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of section 561.5 of Title 8 NYCRR.

Statutory authority:

Education Law, section 360(1)

Subject:

Proposed amendments to the traffic and parking regulations of the University at Albany, State University of New York.

Purpose:

To increase parking fines, establish late fees, and authorize an exemption for veterans attending the University at Albany.

Text of proposed rule:

Subdivision (b) of Section 561.5 is amended to read as follows:

Violations, sanctions.

(b) Such fine for each violation shall be [$20] as noted on the traffic violation notice [except that the fine shall be $50 for each handicapped parking space violation]: $20 for each violation involving no parking decal or an improperly displayed parking decal, $30 for each violation involving expired meter parking, restricted parking, no parking and other parking violations, except $150 for each violation of a stolen or altered parking decal, with the vehicle being immediately towed at the owner’s expense, and $100 for each handicapped parking space violation. Each fine not paid within thirty (30) days from the date of the traffic violation notice shall be assessed a late fee of $10. However, any veteran, as defined in section 360 of the New York State Education Law, in attendance as a student at the University at Albany shall be exempt from registration and parking fees upon written certification by the veteran that such veteran was honorably discharged or released under honorable circumstances from such service.

Text of proposed rule and any required statements and analyses may be obtained from:

Janet M. Thayer, Associate University Counsel, University at Albany, State University of New York, 1400 Washington Avenue, Albany, New York 12222, [phone], email: [e-mail].

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. Statutory authority: Education Law Section 360(1) authorizes the State University Trustees to make rules and regulations relating to parking, vehicular and pedestrian traffic and safety on the State-operated campuses of the State University of New York.

2. Legislative objectives: The present measure will increase allowable fines for violation of parking regulations and allow for the imposition of a late fee for fines not paid in a timely manner. It will also provide an exemption for a veteran, who is in attendance at the University at Albany, from registration and parking fees.

3. Needs and benefits: Parking fine thresholds applicable to violation of campus parking regulations have not been changed for at least ten (10) years, and the citation amounts have lost much of their deterrent effect. Parking violations on the University at Albany campus have increased in the last few years, particularly violations involving cars not registered with the University. In addition, surrounding municipalities and institutions of higher education have increased parking fines of their respective parking ordinances. The increase proposed by the University at Albany will allow it to increase the fines to levels comparable to local municipal and other higher education institutions' rules, thus strengthening incentives to avoid violation of campus parking rules. In addition, the amendment brings the parking regulations into compliance with the amendment to section 360 of the Education law which allows for an exemption from registration and parking fees for veterans. The proposed effective date of the amendments is January 1, 2010.

4. Costs: Parking violators will experience higher fines and a late fee if the violation is not paid in a timely manner. Veterans will incur registration and parking fees for parking on the campus.

5. Local government mandates: None.

6. Paperwork: None.

7. Duplication: None.

8. Alternatives: There are no viable alternatives.

9. Federal standards: There are no related Federal standards.

10. Compliance schedule: The University at Albany will notify those affected as soon as the rule is effective, with the effective date as proposed of January 1, 2010. Compliance should be immediate.

Regulatory Flexibility Analysis

No regulatory flexibility analysis is submitted with this notice because this proposal does not impose any requirements on small businesses and local governments. This proposed rule making will not impose any adverse economic impact on small businesses and local governments or impose any reporting, recordkeeping or other compliance requirements on small businesses and local governments. The proposal addresses internal parking and traffic regulations on the campus of the University at Albany.

Rural Area Flexibility Analysis

No rural flexibility analysis is submitted with this notice because this proposal will not impose any adverse economic impact on rural areas or impose any reporting, record keeping or other compliance requirements on public or private entities in rural areas. The proposal addresses internal parking and traffic regulations on the campus of the University at Albany.

Job Impact Statement

No job impact statement is submitted with this notice because this proposal does not impose any adverse economic impact on existing jobs or employment opportunities. The proposal addresses internal parking and traffic regulations on the campus of the University at Albany.