Assembly Bill A5707A

                            
                    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:

  Section  1.  Subdivisions 3-a and 3-b of section 4-104 of the election
law, as added by chapter 694 of the laws of 1989, are amended to read as
follows:
  3-a. [In cities with populations of more than  one  hundred  thousand,
any]  ANY  person  or  entity  which controls a building for which a tax
exemption, tax abatement, subsidy, grant or loan for construction, reno-
vation, rehabilitation or operation has been provided by any  agency  of
the state or any political subdivision thereof on or after the effective
date  of this subdivision shall agree to make available for registration
and voting purposes the room or rooms in such building which  the  board
or  body  empowered  to designate polling places determines are suitable
for registration and  voting,  are  accessible  to  physically  disabled
voters  and  are  as  close as possible to a convenient entrance to such
building. Notwithstanding any other provision of law, any agency of  the
state or any political subdivision thereof may deny a tax exemption, tax
abatement, subsidy, grant or loan for construction, renovation, rehabil-
itation or operation to a building [in any such city] which is otherwise
eligible  for  such  exemption, abatement, subsidy, grant or loan if the
person or entity which controls such building refuses to agree  to  make
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

building  which  the board or body empowered to designate polling places
determines are suitable for registration and voting, are  accessible  to
physically  disabled voters and are as close as possible to a convenient
entrance  to such building. The provisions of this subdivision shall not
apply to buildings used solely for residential  purposes  which  contain
[less than] twenty-five dwelling units OR LESS.
  3-b.  Any person or entity conducting any program, activity or service
for which a loan, grant, contract, subsidy  or  reimbursement  has  been
provided  by  any agency of the state or a political subdivision thereof
on or after the effective date of this subdivision shall make  available
for registration and voting purposes the room or rooms under the control
of  such person or entity in a building [in any such city] in which such
program, activity or service  is  conducted  which  the  board  or  body
empowered to designate polling places determines are suitable for regis-
tration and voting, are accessible to physically disabled voters and are
as close as possible to a convenient entrance to such building. Any such
person, organization or entity shall agree to facilitate the use of such
room  or  rooms,  to  the  maximum extent possible, by making efforts to
obtain the permission and cooperation of  any  person  or  entity  which
controls  the building in which such room or rooms are located. Notwith-
standing any other provision of law, any agency  of  the  state  or  any
political  subdivision thereof may deny a loan, grant, contract, subsidy
or reimbursement to any such person or  entity  otherwise  eligible  for
such  loan, grant, contract, subsidy or reimbursement unless such person
or entity agrees to make available for registration and voting  purposes
the  room or rooms in such building which the board or body empowered to
designate polling places determines are suitable  for  registration  and
voting,  are  accessible  to  physically  disabled voters as provided in
subdivision one-a of this section and are as  close  as  possible  to  a
convenient entrance to such building and agrees to facilitate the use of
such room or rooms, to the maximum extent possible, by making efforts to
obtain  the  permission  and  cooperation  of any person or entity which
controls the building in which such room or rooms are located.
  S 2. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law.