Bill Text: NY A05707 | 2009-2010 | General Assembly | Amended


Bill Title: 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.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Passed) 2010-08-13 - signed chap.323 [A05707 Detail]

Download: New_York-2009-A05707-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5707--A
                                                               Cal. No. 398
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 19, 2009
                                      ___________
       Introduced  by  M.  of A. WEINSTEIN, LANCMAN, HOOPER, PAULIN, N. RIVERA,
         SPANO, KAVANAGH, CUSICK -- Multi-Sponsored by --  M.  of  A.  BRENNAN,
         BRODSKY,  CLARK,  DelMONTE, DINOWITZ, GOTTFRIED, JOHN -- read once and
         referred to the Committee on Election Law -- passed  by  Assembly  and
         delivered  to the Senate, recalled from the Senate, vote reconsidered,
         bill amended, ordered reprinted, retaining its place on 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:
    1    Section  1.  Subdivisions 3-a and 3-b of section 4-104 of the election
    2  law, as added by chapter 694 of the laws of 1989, are amended to read as
    3  follows:
    4    3-a. [In cities with populations of more than  one  hundred  thousand,
    5  any]  ANY  person  or  entity  which controls a building for which a tax
    6  exemption, tax abatement, subsidy, grant or loan for construction, reno-
    7  vation, rehabilitation or operation has been provided by any  agency  of
    8  the state or any political subdivision thereof on or after the effective
    9  date  of this subdivision shall agree to make available for registration
   10  and voting purposes the room or rooms in such building which  the  board
   11  or  body  empowered  to designate polling places determines are suitable
   12  for registration and  voting,  are  accessible  to  physically  disabled
   13  voters  and  are  as  close as possible to a convenient entrance to such
   14  building. Notwithstanding any other provision of law, any agency of  the
   15  state or any political subdivision thereof may deny a tax exemption, tax
   16  abatement, subsidy, grant or loan for construction, renovation, rehabil-
   17  itation or operation to a building [in any such city] which is otherwise
   18  eligible  for  such  exemption, abatement, subsidy, grant or loan if the
   19  person or entity which controls such building refuses to agree  to  make
   20  available for registration and voting purposes the room or rooms in such
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07064-02-0
       A. 5707--A                          2
    1  building  which  the board or body empowered to designate polling places
    2  determines are suitable for registration and voting, are  accessible  to
    3  physically  disabled voters and are as close as possible to a convenient
    4  entrance  to such building. The provisions of this subdivision shall not
    5  apply to buildings used solely for residential  purposes  which  contain
    6  [less than] twenty-five dwelling units OR LESS.
    7    3-b.  Any person or entity conducting any program, activity or service
    8  for which a loan, grant, contract, subsidy  or  reimbursement  has  been
    9  provided  by  any agency of the state or a political subdivision thereof
   10  on or after the effective date of this subdivision shall make  available
   11  for registration and voting purposes the room or rooms under the control
   12  of  such person or entity in a building [in any such city] in which such
   13  program, activity or service  is  conducted  which  the  board  or  body
   14  empowered to designate polling places determines are suitable for regis-
   15  tration and voting, are accessible to physically disabled voters and are
   16  as close as possible to a convenient entrance to such building. Any such
   17  person, organization or entity shall agree to facilitate the use of such
   18  room  or  rooms,  to  the  maximum extent possible, by making efforts to
   19  obtain the permission and cooperation of  any  person  or  entity  which
   20  controls  the building in which such room or rooms are located. Notwith-
   21  standing any other provision of law, any agency  of  the  state  or  any
   22  political  subdivision thereof may deny a loan, grant, contract, subsidy
   23  or reimbursement to any such person or  entity  otherwise  eligible  for
   24  such  loan, grant, contract, subsidy or reimbursement unless such person
   25  or entity agrees to make available for registration and voting  purposes
   26  the  room or rooms in such building which the board or body empowered to
   27  designate polling places determines are suitable  for  registration  and
   28  voting,  are  accessible  to  physically  disabled voters as provided in
   29  subdivision one-a of this section and are as  close  as  possible  to  a
   30  convenient entrance to such building and agrees to facilitate the use of
   31  such room or rooms, to the maximum extent possible, by making efforts to
   32  obtain  the  permission  and  cooperation  of any person or entity which
   33  controls the building in which such room or rooms are located.
   34    S 2. This act shall take effect on the first of December next succeed-
   35  ing the date on which it shall have become a law.
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