senate Bill S2535

Provides that purchasers and sellers of real property shall be provided with voter registration forms at closing

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY

Summary

Provides that purchasers and sellers of real property shall be provided with voter registration forms at closing.

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Bill Details

Versions:
S2535
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add ยง262, RP L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1554
2009-2010: S2867C

Sponsor Memo

BILL NUMBER:S2535

TITLE OF BILL: An act to amend the real property law, in relation to
providing purchasers and sellers of residential real property and
cooperative apartments with voter registration forms at closing

PURPOSE: The bill provides that every purchaser and seller of
residential real property who attends the closing must be provided by
the settlement agent with voter registration forms, and if a purchaser
or seller does not attend the closing, then the forms shall be
provided to the representative of such purchaser or seller.

SUMMARY OF PROVISIONS:

Section 1: Amends the Real Property Law to add a new section 262,
which requires that, at a closing for the sale or purchase of
residential real property, the seller and purchaser shall be provided
with voter registration forms. Subsection one defines a "closing" as
"an in-person meeting to complete final documents incident to the
purchase and sale", and defines "settlement agent" as "the lender in a
non-cash transaction, the title company in a cash transaction and the
managing agent in a cooperative apartment transaction." Subsection
two provides that the forms are to be provided to the purchaser and
seller, except for sellers who are moving out of New York State. If a
purchaser or seller is not present at the closing, then the forms are
to be provided to such person's representative. Subsection three
requires the settlement agent to provide those forms without cost or
charge to the purchaser or seller. Subsection four directs the county
boards of elections to cooperate with settlement agents to accomplish
the purposes of this section.

Section 2: Provides for the Act to take effect on the thirtieth day
after it becomes law.

EXISTING LAW: There is no existing law requiring voter registration
applications to be provided at residential real estate closings.

JUSTIFICATION: People buying or selling residential real estate may
be moving into the state, or moving in or out of a county or election
district, but may be unaware of this or of the need to provide a
change of address to the local board of election. This provision
provides voters with the opportunity to register to vote or register a
change of address at the time when it is most likely that they will
need to do so in order to secure or preserve their right to vote.

LEGISLATIVE HISTORY: 2009-2010: S.2867 - Passed the Senate; Died in
Assembly Election Law Committee. 2011-2012: S.1554 - Referred to
Judiciary

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act takes effect on the thirtieth after the date
it becomes a law.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2535

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the real property law, in relation to providing purchas-
  ers and sellers of residential real property  and  cooperative  apart-
  ments with voter registration forms at closing

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property law is amended by adding  a  new  section
262 to read as follows:
  S  262. VOTER REGISTRATION FORMS. 1. FOR PURPOSES OF THIS SECTION, THE
TERM "CLOSING" SHALL MEAN AN IN-PERSON MEETING TO COMPLETE  FINAL  DOCU-
MENTS INCIDENT TO THE PURCHASE AND SALE OF RESIDENTIAL REAL PROPERTY AND
COOPERATIVE  APARTMENTS,  AND THE TERM "SETTLEMENT AGENT" SHALL MEAN THE
LENDER IN A NON-CASH TRANSACTION, THE TITLE COMPANY  IN  A  CASH  TRANS-
ACTION AND THE MANAGING AGENT IN A COOPERATIVE APARTMENT TRANSACTION.
  2. EVERY PURCHASER OR SELLER OF REAL PROPERTY IN ATTENDANCE AT A CLOS-
ING HELD WITHIN THIS STATE SHALL BE PROVIDED WITH ANY FORMS NECESSARY TO
COMPLY  WITH  THE  VOTER  REGISTRATION REQUIREMENTS SET FORTH IN ARTICLE
FIVE OF THE ELECTION LAW, EXCEPT FOR SELLERS WHO ARE MOVING OUT  OF  NEW
YORK  STATE.   IF SUCH PURCHASER OR SELLER SHALL NOT BE IN ATTENDANCE AT
SUCH CLOSING, SUCH FORMS SHALL BE PROVIDED TO THE REPRESENTATIVE OF SUCH
PURCHASER OR SELLER.
  3. THE PROVISION OF FORMS REQUIRED BY SUBDIVISION TWO OF THIS  SECTION
SHALL  BE  MADE  BY  THE  SETTLEMENT AGENT WITHOUT COST OR CHARGE TO THE
PURCHASER OR SELLER.
  4. EACH COUNTY BOARD OF ELECTIONS IS HEREBY AUTHORIZED AND DIRECTED TO
COOPERATE WITH SETTLEMENT AGENTS TO  CARRY  OUT  THE  PURPOSES  OF  THIS
SECTION.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04497-01-3

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