A10946 Summary:

BILL NOA10946
 
SAME ASSAME AS S07860
 
SPONSORCahill (MS)
 
COSPNSRWeisenberg, John, Wright, Paulin, Espaillat, Titus, Kavanagh, Brook-Krasny, Kellner, Spano, Schimel, Gordon, Benjamin, Latimer, Zebrowski, Maisel, Alessi, Magnarelli, Titone, Pheffer, Towns, Weprin D
 
MLTSPNSRAbbate, Benedetto, Bing, Boyland, Brennan, Brodsky, Calhoun, Canestrari, Carrozza, Castro, Christensen, Clark, Colton, Cook, Cusick, Cymbrowitz, DelMonte, Destito, Dinowitz, Englebright, Farrell, Fields, Finch, Gabryszak, Galef, Gianaris, Glick, Gottfried, Gunther, Heastie, Hevesi, Hoyt, Jacobs, Jeffries, Koon, Lavine, Lentol, Lifton, Lupardo, Magee, Markey, McEneny, Miller M, Millman, Molinaro, Montesano, Morelle, Ortiz, Peoples-Stokes, Perry, Pretlow, Ramos, Reilly, Rivera J, Rivera P, Robinson, Rosenthal, Sayward, Scarborough, Schroeder, Skartados, Sweeney, Thiele, Townsend, Weinstein
 
Amd S4-104, El L
 
Requires each polling place to be accessible to physically disabled voters and provides guidelines which shall be in accordance with the accessibility requirements mandated pursuant to the federal Americans with Disabilities Act of 1990, as amended.
Go to top    

A10946 Actions:

BILL NOA10946
 
05/04/2010referred to election law
05/12/2010reported referred to ways and means
05/17/2010reported referred to rules
05/17/2010reported
05/17/2010rules report cal.44
05/17/2010ordered to third reading rules cal.44
05/17/2010passed assembly
05/17/2010delivered to senate
05/17/2010REFERRED TO ELECTIONS
06/09/2010SUBSTITUTED FOR S7860
06/09/20103RD READING CAL.940
06/10/2010PASSED SENATE
06/10/2010RETURNED TO ASSEMBLY
09/07/2010delivered to governor
09/17/2010signed chap.505
09/17/2010approval memo.32
Go to top

A10946 Floor Votes:

DATE:05/17/2010Assembly Vote  YEA/NAY: 140/0
ER
Abbate
ER
Carrozza
Yes
Gabryszak
Yes
Kolb
Yes
Murray
Yes
Saladino
Yes
Alessi
Yes
Castelli
Yes
Galef
Yes
Koon
Yes
Nolan
Yes
Sayward
Yes
Alfano
Yes
Castro
Yes
Gantt
Yes
Lancman
Yes
Oaks
Yes
Scarborough
Yes
Amedore
Yes
Christensen
Yes
Gianaris
ER
Latimer
Yes
O'Donnell
Yes
Schimel
Yes
Arroyo
Yes
Clark
Yes
Gibson
Yes
Lavine
Yes
O'Mara
Yes
Schimminger
Yes
Aubry
Yes
Colton
Yes
Giglio
Yes
Lentol
Yes
Ortiz
Yes
Schroeder
Yes
Bacalles
Yes
Conte
Yes
Glick
Yes
Lifton
Yes
Parment
Yes
Scozzafava
Yes
Ball
ER
Cook
Yes
Gordon
Yes
Lopez PD
Yes
Paulin
Yes
Skartados
Yes
Barclay
Yes
Corwin
Yes
Gottfried
Yes
Lopez VJ
Yes
Peoples
Yes
Spano
Yes
Barra
Yes
Crespo
Yes
Gunther
Yes
Lupardo
Yes
Perry
Yes
Stirpe
Yes
Barron
Yes
Crouch
Yes
Hawley
Yes
Magee
Yes
Pheffer
Yes
Sweeney
Yes
Benedetto
Yes
Cusick
Yes
Hayes
Yes
Magnarelli
Yes
Powell
Yes
Tedisco
Yes
Benjamin
ER
Cymbrowitz
Yes
Heastie
Yes
Maisel
Yes
Pretlow
ER
Thiele
Yes
Bing
Yes
DelMonte
Yes
Hevesi
Yes
Markey
Yes
Quinn
Yes
Titone
Yes
Boyland
Yes
DenDekker
ER
Hikind
Yes
Mayersohn
Yes
Rabbitt
Yes
Titus
Yes
Boyle
Yes
Destito
Yes
Hooper
Yes
McDonough
Yes
Raia
Yes
Tobacco
Yes
Brennan
Yes
Dinowitz
Yes
Hoyt
Yes
McEneny
Yes
Ramos
Yes
Towns
Yes
Brodsky
Yes
Duprey
Yes
Hyer Spencer
Yes
McKevitt
Yes
Reilich
Yes
Townsend
Yes
Brook Krasny
Yes
Englebright
Yes
Jacobs
Yes
Meng
Yes
Reilly
Yes
Weinstein
Yes
Burling
Yes
Errigo
Yes
Jaffee
Yes
Miller JM
Yes
Rivera J
ER
Weisenberg
Yes
Butler
Yes
Espaillat
Yes
Jeffries
Yes
Miller MG
Yes
Rivera N
Yes
Weprin
Yes
Cahill
Yes
Farrell
Yes
John
Yes
Millman
Yes
Rivera PM
ER
Wright
Yes
Calhoun
Yes
Fields
Yes
Jordan
Yes
Molinaro
Yes
Robinson
Yes
Zebrowski
Yes
Camara
Yes
Finch
Yes
Kavanagh
Yes
Montesano
Yes
Rosenthal
Yes
Mr. Speaker
Yes
Canestrari
Yes
Fitzpatrick
Yes
Kellner
Yes
Morelle
Yes
Russell

‡ Indicates voting via videoconference
Go to top

A10946 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10946
 
                   IN ASSEMBLY
 
                                       May 4, 2010
                                       ___________
 
        Introduced by M. of A. CAHILL, WEISENBERG, JOHN, WRIGHT, PAULIN, ESPAIL-
          LAT,  TITUS,  KAVANAGH, BROOK-KRASNY, KELLNER, SPANO, SCHIMEL, GORDON,
          BENJAMIN, LATIMER,  ZEBROWSKI,  MAISEL,  ALESSI,  MAGNARELLI,  TITONE,
          PHEFFER,  TOWNS  -- Multi-Sponsored by -- M.  of A. ABBATE, BENEDETTO,
          BING,  BOYLAND,  BRENNAN,  BRODSKY,  CALHOUN,  CANESTRARI,   CARROZZA,

          CASTRO,   CHRISTENSEN,   CLARK,   COLTON,  COOK,  CUSICK,  CYMBROWITZ,
          DelMONTE, DESTITO,  DINOWITZ,  ENGLEBRIGHT,  FARRELL,  FIELDS,  FINCH,
          GALEF,  GIANARIS,  GLICK,  GOTTFRIED,  GUNTHER, HEASTIE, HEVESI, HOYT,
          JACOBS,  JEFFRIES,  KOON,  LAVINE,  LENTOL,  LIFTON,  LUPARDO,  MAGEE,
          MARKEY,  McENENY,  M. MILLER,  MILLMAN,  MOLINARO, MONTESANO, MORELLE,
          ORTIZ,  PEOPLES-STOKES,  PERRY,  PRETLOW,  RAMOS,  REILLY,  J. RIVERA,
          P. RIVERA, ROBINSON, ROSENTHAL, SAYWARD, SCARBOROUGH, SCHROEDER, SKAR-
          TADOS,  SWEENEY, THIELE, TOWNSEND, WEINSTEIN -- read once and referred
          to the Committee on Election Law
 
        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,
    13  and written determination, as provided for in this subdivision, shall be
    14  filed in the office of the board and be available for public inspection.
    15  Such a waiver may be granted and filed or such a  written  determination
    16  may  be  filed only where the board of elections determines, with regard

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00578-05-0

        A. 10946                            2

     1  to each specific polling place for which a waiver is sought or a written

     2  determination is to be filed, (1) that an alternative accessible polling
     3  place is not reasonably available in the election district or a  contig-
     4  uous  election  district  and  that  specific efforts were undertaken in
     5  cooperation with persons with disabilities who have contacted the legis-
     6  lative body of the city or town which requested such waiver or the board
     7  of elections which filed such written determination to  locate  such  an
     8  alternative  accessible polling place and such efforts are listed in the
     9  petition or written determination, (2) that compliance with the  polling
    10  place  accessibility requirements of this subdivision would require that
    11  unreasonable expenses be incurred and paid, pursuant to section 4-136 of

    12  this article  and  that  specific  information  regarding  expenses  for
    13  compliance  is  listed in the petition or written determination, and (3)
    14  that substantial efforts will be undertaken in cooperation with  persons
    15  with disabilities who have contacted the legislative body of the city or
    16  town  which  requested such waiver or the board of elections which filed
    17  such written determination during the period for  which  the  waiver  is
    18  effective  to  achieve  compliance  with the polling place accessibility
    19  requirements of this  subdivision  and  that  the  specific  substantial
    20  efforts  to  be undertaken to achieve compliance are listed in the peti-
    21  tion or written determination.  For purposes of  this  subdivision,  the

    22  term  "persons  with  disabilities" shall mean persons with disabilities
    23  who shall be entitled to vote in the election district for which a waiv-
    24  er is sought and service  centers  for  independent  living  established
    25  pursuant  to article twenty-three-A of the education law and other enti-
    26  ties which represent the  interests  of  persons  with  disabilities.  A
    27  request  for  a  waiver shall be filed at the same time that the list of
    28  polling places is submitted to or established by the board of elections.
    29  The board of elections shall forthwith prepare a list  of  all  election
    30  districts for which a waiver is sought or a written determination filed.
    31  Such list together with all such petitions for waiver and written deter-

    32  minations  shall  be  public  records  at  the  office  of  the board of
    33  elections. Not later than  May  seventh  of  each  year,  the  board  of
    34  elections  shall  mail  a copy of said list by first class mail to every
    35  person who has made a written request  for  such  list  within  the  two
    36  preceding  calendar  years. The board of elections shall either grant or
    37  deny the waiver no later than June  first  of  the  year  in  which  the
    38  request  is  made.   The state board of elections shall promulgate regu-
    39  lations necessary to ensure proper execution of the provisions  of  this
    40  subdivision] be accessible to citizens with disabilities and comply with
    41  the  accessibility  guidelines of the Americans with Disabilities Act of

    42  1990.  The state board of elections shall publish and distribute to each
    43  board of elections with the power to designate poll  sites,  a  concise,
    44  non-technical  guide  describing  standards for poll site accessibility,
    45  including a polling site access survey instrument,  in  accordance  with
    46  the Americans with Disabilities Act accessibility guidelines (ADAAG) and
    47  methods  to  comply with such standards. Such guide and procedures shall
    48  be developed in consultation with persons, groups or entities with know-
    49  ledge about public access as the state board of elections  shall  deter-
    50  mine appropriate.
    51    1-b.  The county board of elections shall cause an access survey to be
    52  conducted for every polling site to verify substantial  compliance  with

    53  the  accessibility  standards  cited  in this section. Completed surveys
    54  shall be submitted to the state board of elections and kept on file as a
    55  public record by each county. Each polling site shall be evaluated prior
    56  to its designation or upon changes to the facility. A site designated as

        A. 10946                            3
 
     1  a polling place prior to the effective date of this subdivision shall be
     2  evaluated within two years of the effective date of this subdivision  by
     3  an  individual qualified to determine whether or not such site meets the
     4  existing  state  and  federal accessibility standards. Any polling place
     5  deemed not to meet the existing accessibility standards must make neces-

     6  sary changes and/or modifications, or be moved to a verified  accessible
     7  polling place within six months.
     8    1-c. The state board of elections shall promulgate any rules and regu-
     9  lations necessary to implement the provisions of this section.
    10    §  2.  This  act  shall  take effect on the fifteenth of December next
    11  succeeding the date on which it shall have become a law. Effective imme-
    12  diately, the addition, amendment and/or repeal of any rule or regulation
    13  necessary for the implementation of this act on its effective  date  are
    14  authorized  and  directed  to  be  made  and completed on or before such
    15  effective date.
Go to top