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A05707 Summary:

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A05707 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5707--A
                                                                Cal. No. 398
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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    § 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.