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A00584 Summary:

A00584 Actions:

A00584 Floor Votes:

A00584 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         584--A
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        Introduced  by  M.  of  A.  CAHILL, WEISENBERG, JOHN, EDDINGTON, WRIGHT,
          PAULIN, BRADLEY, ESPAILLAT, TITUS,  KAVANAGH,  BROOK-KRASNY,  KELLNER,
          SPANO,  SCHIMEL, GORDON, BENJAMIN, LATIMER, ZEBROWSKI, MAISEL, ALESSI,
          MAGNARELLI, TITONE, PHEFFER -- Multi-Sponsored by -- M. of A.  ABBATE,

          BENEDETTO,  BING,  BOYLAND,  BRENNAN,  BRODSKY,  CANESTRARI, CARROZZA,
          CHRISTENSEN, CLARK, COLTON, COOK, CUSICK, CYMBROWITZ, DelMONTE, DESTI-
          TO, DIAZ, DINOWITZ, ENGLEBRIGHT,  FARRELL,  FIELDS,  GALEF,  GIANARIS,
          GLICK,  GOTTFRIED,  GREENE,  GUNTHER,  HEASTIE,  HEVESI, HOYT, JACOBS,
          KOON, LAVINE, LENTOL, LIFTON, LUPARDO, MAGEE, MARKEY,  McENENY,  MILL-
          MAN,  MORELLE, ORTIZ, PEOPLES, PERALTA, PERRY, PRETLOW, RAMOS, REILLY,
          J. RIVERA,  P. RIVERA,  ROSENTHAL,  SCARBOROUGH,  SCHROEDER,  SWEENEY,
          TOWNS, WALKER, WEINSTEIN -- read once and referred to the Committee on
          Election  Law -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee
 
        AN ACT to amend the election law, in relation to requiring polling plac-
          es to be accessible to physically disabled voters
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1-a of section 4-104 of the election law, as
     2  amended by chapter 580 of the laws of  1995,  is  amended  and  two  new
     3  subdivisions 1-b and 1-c are added to read as follows:
     4    1-a.  Each  polling  place  shall  [have  at  least  one entrance that
     5  provides access, by ramp or otherwise, to  physically  disabled  voters,
     6  provided, however, that this requirement may be waived in writing by the
     7  county  board  of elections upon a petition to the board by the legisla-
     8  tive body of the city or town designating such  polling  places  showing
     9  good  and  sufficient  cause. In the city of New York and in counties in

    10  which polling places are designated by the board of elections, the board
    11  shall specify in writing why it has determined  that  it  is  unable  to
    12  comply  with  the provisions of this subdivision. Such petition, waiver,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00578-03-9
        A. 584--A                           2

     1  and written determination, as provided for in this subdivision, shall be
     2  filed in the office of the board and be available for public inspection.
     3  Such a waiver may be granted and filed or such a  written  determination

     4  may  be  filed only where the board of elections determines, with regard
     5  to each specific polling place for which a waiver is sought or a written
     6  determination is to be filed, (1) that an alternative accessible polling
     7  place is not reasonably available in the election district or a  contig-
     8  uous  election  district  and  that  specific efforts were undertaken in
     9  cooperation with persons with disabilities who have contacted the legis-
    10  lative body of the city or town which requested such waiver or the board
    11  of elections which filed such written determination to  locate  such  an
    12  alternative  accessible polling place and such efforts are listed in the
    13  petition or written determination, (2) that compliance with the  polling

    14  place  accessibility requirements of this subdivision would require that
    15  unreasonable expenses be incurred and paid, pursuant to section 4-136 of
    16  this article  and  that  specific  information  regarding  expenses  for
    17  compliance  is  listed in the petition or written determination, and (3)
    18  that substantial efforts will be undertaken in cooperation with  persons
    19  with disabilities who have contacted the legislative body of the city or
    20  town  which  requested such waiver or the board of elections which filed
    21  such written determination during the period for  which  the  waiver  is
    22  effective  to  achieve  compliance  with the polling place accessibility
    23  requirements of this  subdivision  and  that  the  specific  substantial

    24  efforts  to  be undertaken to achieve compliance are listed in the peti-
    25  tion or written determination.  For purposes of  this  subdivision,  the
    26  term  "persons  with  disabilities" shall mean persons with disabilities
    27  who shall be entitled to vote in the election district for which a waiv-
    28  er is sought and service  centers  for  independent  living  established
    29  pursuant  to article twenty-three-A of the education law and other enti-
    30  ties which represent the  interests  of  persons  with  disabilities.  A
    31  request  for  a  waiver shall be filed at the same time that the list of
    32  polling places is submitted to or established by the board of elections.
    33  The board of elections shall forthwith prepare a list  of  all  election

    34  districts for which a waiver is sought or a written determination filed.
    35  Such list together with all such petitions for waiver and written deter-
    36  minations  shall  be  public  records  at  the  office  of  the board of
    37  elections. Not later than  May  seventh  of  each  year,  the  board  of
    38  elections  shall  mail  a copy of said list by first class mail to every
    39  person who has made a written request  for  such  list  within  the  two
    40  preceding  calendar  years. The board of elections shall either grant or
    41  deny the waiver no later than June  first  of  the  year  in  which  the
    42  request  is  made.   The state board of elections shall promulgate regu-
    43  lations necessary to ensure proper execution of the provisions  of  this

    44  subdivision] be accessible to citizens with disabilities and comply with
    45  the  accessibility  guidelines of the Americans with Disabilities Act of
    46  1990.  The state board of elections shall publish and distribute to each
    47  board of elections with the power to designate poll  sites,  a  concise,
    48  non-technical  guide  describing  standards for poll site accessibility,
    49  including a polling site access survey instrument,  in  accordance  with
    50  the Americans with Disabilities Act accessibility guidelines (ADAAG) and
    51  methods  to  comply with such standards. Such guide and procedures shall
    52  be developed in consultation with persons, groups or entities with know-
    53  ledge about public access as the state board of elections  shall  deter-

    54  mine appropriate.
    55    1-b.  The county board of elections shall cause an access survey to be
    56  conducted for every polling site to verify substantial  compliance  with
        A. 584--A                           3
 
     1  the  accessibility  standards  cited  in this section. Completed surveys
     2  shall be submitted to the state board of elections and kept on file as a
     3  public record by each county. Each polling site shall be evaluated prior
     4  to its designation or upon changes to the facility. A site designated as
     5  a polling place prior to the effective date of this subdivision shall be
     6  evaluated  within two years of the effective date of this subdivision by
     7  an individual qualified to determine whether or not such site meets  the

     8  existing  state  and  federal accessibility standards. Any polling place
     9  deemed not to meet the existing accessibility standards must make neces-
    10  sary changes and/or modifications, or be moved to a verified  accessible
    11  polling place within six months.
    12    1-c. The state board of elections shall promulgate any rules and regu-
    13  lations necessary to implement the provisions of this section.
    14    §  2.  This  act  shall  take effect on the fifteenth of December next
    15  succeeding the date on which it shall have become a law. Effective imme-
    16  diately, the addition, amendment and/or repeal of any rule or regulation
    17  necessary for the implementation of this act on its effective  date  are
    18  authorized  and  directed  to  be  made  and completed on or before such
    19  effective date.