Bill Text: NY S00262 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes variable message signs placed within the right of way of highways to display certain voting related communications; provides that no such communications shall be displayed if advised by the United States Department of Transportation or any of its agencies that the display of such information will interfere with federal law or regulation or result in the reduction of federal aid highway funds.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed - Dead) 2022-01-05 - REFERRED TO TRANSPORTATION [S00262 Detail]

Download: New_York-2021-S00262-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           262

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sens. MYRIE, ADDABBO, BIAGGI, BRESLIN, GAUGHRAN, KAPLAN,
          PERSAUD -- read twice and ordered printed,  and  when  printed  to  be
          committed to the Committee on Transportation

        AN  ACT  to  amend  the highway law, in relation to authorizing variable
          message signs placed within the right of way of  highways  to  display
          certain voting related communications

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The highway law is amended by adding a new section  332  to
     2  read as follows:
     3    §  332. Variable message signs; voting related communications. (a) The
     4  commissioner is authorized to place, cause to be placed, or permit to be
     5  placed permanent or portable variable message signs within the right  of
     6  way  of  any  highway  over which he or she has jurisdiction, displaying
     7  voting related communications including without limitation:
     8    (i) notice of the deadline to register to vote beginning the fifth day
     9  prior to the respective deadline for  a  statewide  primary  or  general
    10  election; and
    11    (ii) notice of any statewide general, primary, or special election for
    12  any statewide public office, beginning three days prior to and including
    13  election day.
    14    (b)  Provided  that it does not interfere with state or federal law or
    15  regulation, any political subdivision of the state  having  jurisdiction
    16  over  any  highway is authorized to place, cause to be placed, or permit
    17  to be placed permanent or portable  variable  message  signs  displaying
    18  voting  related  communications within the right of way of such highway,
    19  including without limitation:
    20    (i) notice of the deadline to register to vote beginning the fifth day
    21  prior to the respective deadline for  a  statewide  primary  or  general
    22  election; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02414-01-1
        S. 262                              2

     1    (ii) notice of any statewide general, primary, or special election for
     2  any statewide public office, beginning three days prior to and including
     3  election day.
     4    (c)  The commissioner shall consult the state board of elections prior
     5  to displaying voting related communications to ensure that such communi-
     6  cations are uniform and accurate. Any political subdivision of the state
     7  having jurisdiction over any highway shall consult the  state  board  of
     8  elections  prior  to  displaying voting related communications to ensure
     9  that such communications are uniform and accurate.
    10    (d) For purposes of this section, the term  "variable  message  signs"
    11  shall include changeable message signs as adopted by the federal highway
    12  safety  administration's  manual  on  uniform  traffic  control devices,
    13  dynamic message signs developed as part of the  national  transportation
    14  communication for ITS protocol, and variable message signs as defined by
    15  the commissioner.
    16    (e)  The  commissioner may give priority to other appropriate variable
    17  message sign communications, including, but not limited to, the  display
    18  of  emergency  alerts,  amber  alerts,  missing vulnerable adult alerts,
    19  missing or exploited children alerts and  other  transportation  related
    20  messages, over the communications authorized pursuant to this section.
    21    §  2.  No information authorized to be displayed on a variable message
    22  sign pursuant to section 332 of the highway law as  added  by  this  act
    23  shall  be displayed if advised by the United States Department of Trans-
    24  portation or any of its agencies that the display  of  such  information
    25  will interfere with federal law or regulation or result in the reduction
    26  of federal aid highway funds.
    27    §  3.  This  act  shall take effect on the sixtieth day after it shall
    28  have become a law. The department of transportation and state  board  of
    29  elections  are authorized to promulgate any rules and regulations neces-
    30  sary to implement the provisions of this act on its effective date on or
    31  before such date.