Bill S5029A-2009

Requires owners of buildings receiving state benefits to make available rooms for voting and registration which are accessible to the handicapped

Requires owners of buildings who obtain tax abatement exemptions or other public benefits to make available rooms for voting and registration which are accessible to individuals with handicapping conditions.

Details

Actions

  • Jun 8, 2010: SUBSTITUTED BY A5707A
  • May 26, 2010: AMENDED ON THIRD READING 5029A
  • May 26, 2010: VOTE RECONSIDERED - RESTORED TO THIRD READING
  • May 26, 2010: SUBSTITUTION RECONSIDERED
  • May 18, 2010: SUBSTITUTED BY A5707
  • Mar 4, 2010: ADVANCED TO THIRD READING
  • Mar 3, 2010: 2ND REPORT CAL.
  • Mar 2, 2010: 1ST REPORT CAL.211
  • Jan 6, 2010: REFERRED TO ELECTIONS
  • Apr 27, 2009: REFERRED TO ELECTIONS

Memo

BILL NUMBER:S5029A

TITLE OF BILL: An act to amend the election law, in relation to the use of certain buildings as polling places accessible to persons with disabilities

PURPOSE OR GENERAL IDEA OF BILL: To expand the pool of available handicapped accessible polling places by mandating that buildings which obtain tax abatements or exemptions or other public benefits must be made available for use as polling places.

SUMMARY OF SPECIFIC PROVISIONS: Gives statewide applicability to the provisions of section 4-104 of the Election Law which requires that the owners or operators of any building which obtains a tax abatement or exemption or a subsidy, grant or loan for construction or renovation of the building or operation of a program in the building, must make the building available for use as a polling place if it is designated for that purpose. Buildings used solely for residential purposes which contain twenty-five dwelling units or less are exempt.

JUSTIFICATION: As a result of federal and state statutes, the legislature has established a goal of full polling place accessibility. The Prior amendments to the law partially achieved this goal in our larger cities, where polling places of any kind were not readily available, and where it was very difficult to comply with this goal without relocating at least some polling places to locations which are inconvenient for many of the voters. It has since become evident that the same pressing needs exist in the suburbs of the six largest cities and upstate as well. Over the years the legislature has attempted to improve the situation by mandating, at first, that public schools and, later, that all public buildings must be made available for use as polling places. This bill, hopefully, will expand the pool of available polling places substantially.

PRIOR LEGISLATIVE HISTORY: 2009: A.5707 - Passed Assembly 2008: A.3058 - Assembly Election Law 2007: A.3058 - Assembly Election Law 2005-06: A.5845 - Assembly Election Law 2003-04: A.4776 - Assembly Election Law 2001-02: A.4563 - Assembly Election Law 1999-00: A.4760 - Assembly Election Law 1997-98: A.3890 - Assembly Election Law 1995-96: A.6111 - Passed Assembly 1993-94: A.5179 - Passed Assembly 1991-92: A.3868 - Passed Assembly

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE:

December 1st next succceeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5029--A Cal. No. 211 2009-2010 Regular Sessions IN SENATE April 27, 2009 ___________
Introduced by Sens. ADDABBO, HUNTLEY, PARKER, THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- recommitted to the Committee on Elections in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, substituted by Assembly Bill No. 5705, substitution reconsidered and vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the election law, in relation to the use of certain buildings as polling places accessible to persons with disabilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 3-a and 3-b of section 4-104 of the election law, as added by chapter 694 of the laws of 1989, are amended to read as follows: 3-a. [In cities with populations of more than one hundred thousand, any] ANY person or entity which controls a building for which a tax exemption, tax abatement, subsidy, grant or loan for construction, reno- vation, rehabilitation or operation has been provided by any agency of the state or any political subdivision thereof on or after the effective date of this subdivision shall agree to make available for registration and voting purposes the room or rooms in such building which the board or body empowered to designate polling places determines are suitable for registration and voting, are accessible to physically disabled voters and are as close as possible to a convenient entrance to such building. Notwithstanding any other provision of law, any agency of the state or any political subdivision thereof may deny a tax exemption, tax abatement, subsidy, grant or loan for construction, renovation, rehabil- itation or operation to a building [in any such city] which is otherwise eligible for such exemption, abatement, subsidy, grant or loan if the person or entity which controls such building refuses to agree to make
available for registration and voting purposes the room or rooms in such building which the board or body empowered to designate polling places determines are suitable for registration and voting, are accessible to physically disabled voters and are as close as possible to a convenient entrance to such building. The provisions of this subdivision shall not apply to buildings used solely for residential purposes which contain [less than] twenty-five dwelling units OR LESS. 3-b. Any person or entity conducting any program, activity or service for which a loan, grant, contract, subsidy or reimbursement has been provided by any agency of the state or a political subdivision thereof on or after the effective date of this subdivision shall make available for registration and voting purposes the room or rooms under the control of such person or entity in a building [in any such city] in which such program, activity or service is conducted which the board or body empowered to designate polling places determines are suitable for regis- tration and voting, are accessible to physically disabled voters and are as close as possible to a convenient entrance to such building. Any such person, organization or entity shall agree to facilitate the use of such room or rooms, to the maximum extent possible, by making efforts to obtain the permission and cooperation of any person or entity which controls the building in which such room or rooms are located. Notwith- standing any other provision of law, any agency of the state or any political subdivision thereof may deny a loan, grant, contract, subsidy or reimbursement to any such person or entity otherwise eligible for such loan, grant, contract, subsidy or reimbursement unless such person or entity agrees to make available for registration and voting purposes the room or rooms in such building which the board or body empowered to designate polling places determines are suitable for registration and voting, are accessible to physically disabled voters as provided in subdivision one-a of this section and are as close as possible to a convenient entrance to such building and agrees to facilitate the use of such room or rooms, to the maximum extent possible, by making efforts to obtain the permission and cooperation of any person or entity which controls the building in which such room or rooms are located. S 2. This act shall take effect on the first of December next succeed- ing the date on which it shall have become a law.

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