NY State Senate Bill 2017-S7369

Senate Bill S7369

2017-2018 Legislative Session

Authorizes variable message signs placed within the right of way of highways to display certain voting related communications

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2018	referred to transportation

co-Sponsors

2017-S7369 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Add §332, Hway L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6805
2021-2022: S262
2023-2024: S2388

2017-S7369 (ACTIVE) - Summary

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.

2017-S7369 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7369

SPONSOR: DILAN
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill authorizes the commissioner of the Department of Transporta-
tion ("DOT") and local municipalities to place variable message signs
along highways that display election and voting related messages during
certain times of the year.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one adds a new section 332 to the Highway Law providing the
Department of Transportation Commissioner with authority to place vari-
able message boards with election and voting related messages along any
highway under which the state has jurisdiction. The term "variable
message boards" is defined within the bill.  Such signs could display

messages including, without limitation:

(1) notice of the deadline to register to vote beginning five days
before such deadline; and

(2) notice of any upcoming primary, general, or special election for any
statewide or local election beginning three days before said election
and including said day.

The section also authorizes any political subdivision within the state
to place variable message signs displaying the above referenced voting
related on local highways as well, subject to the restrictions above.

The commissioner of DOT and local municipalities shall consult with the
State Board of Elections prior to displaying voter related communi-
cations to ensure such communications are uniform and accurate.

The bill also provides DOT with flexibility to give priority to any
other message sign communications, including, but not limited to emer-
gency alerts, amber alerts, missing vulnerable adult alerts, as well as
other transportation related messages.

 
JUSTIFICATION:

This bill would authorize the state and local municipalities to display
voting notification related signs during key times in an election cycle.
New York's voter participation rates continue to lag behind other states
in the union. This proposal will increase voter awareness at a minimal
cost.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Minimal; the equipment to display such signs is already owned by the
state and local political subdivisions.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law. The department of transportation and state board of
elections are both authorized to promulgate any rules and regulations
necessary to implement the provisions of this act on its effective date
or before such date.

2017-S7369 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7369
 
                             I N  S E N A T E
 
                             January 10, 2018
                                ___________
 
 Introduced  by  Sen.  DILAN  -- 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:
 
   Section  1.  The highway law is amended by adding a new section 332 to
 read as follows:
   § 332. VARIABLE MESSAGE SIGNS; VOTING RELATED COMMUNICATIONS. (A)  THE
 COMMISSIONER IS AUTHORIZED TO PLACE, CAUSE TO BE PLACED, OR PERMIT TO BE
 PLACED  PERMANENT OR PORTABLE VARIABLE MESSAGE SIGNS WITHIN THE RIGHT OF
 WAY OF ANY HIGHWAY OVER WHICH HE OR  SHE  HAS  JURISDICTION,  DISPLAYING
 VOTING RELATED COMMUNICATIONS INCLUDING WITHOUT LIMITATION:
   (I) NOTICE OF THE DEADLINE TO REGISTER TO VOTE BEGINNING THE FIFTH DAY
 PRIOR  TO  THE  RESPECTIVE  DEADLINE  FOR A STATEWIDE PRIMARY OR GENERAL
 ELECTION; AND
   (II) NOTICE OF ANY STATEWIDE GENERAL, PRIMARY, OR SPECIAL ELECTION FOR
 ANY STATEWIDE PUBLIC OFFICE, BEGINNING THREE DAYS PRIOR TO AND INCLUDING
 ELECTION DAY.
   (B) PROVIDED THAT IT DOES NOT INTERFERE WITH STATE OR FEDERAL  LAW  OR
 REGULATION,  ANY  POLITICAL SUBDIVISION OF THE STATE HAVING JURISDICTION
 OVER ANY HIGHWAY IS AUTHORIZED TO PLACE, CAUSE TO BE PLACED,  OR  PERMIT
 TO  BE  PLACED  PERMANENT  OR PORTABLE VARIABLE MESSAGE SIGNS DISPLAYING
 VOTING RELATED COMMUNICATIONS WITHIN THE RIGHT OF WAY OF  SUCH  HIGHWAY,
 INCLUDING WITHOUT LIMITATION:
   (I) NOTICE OF THE DEADLINE TO REGISTER TO VOTE BEGINNING THE FIFTH DAY
 PRIOR  TO  THE  RESPECTIVE  DEADLINE  FOR A STATEWIDE PRIMARY OR GENERAL
 ELECTION; AND
   (II) NOTICE OF ANY STATEWIDE GENERAL, PRIMARY, OR SPECIAL ELECTION FOR
 ANY STATEWIDE PUBLIC OFFICE, BEGINNING THREE DAYS PRIOR TO AND INCLUDING
 ELECTION DAY.
   (C) THE COMMISSIONER SHALL CONSULT THE STATE BOARD OF ELECTIONS  PRIOR
 TO DISPLAYING VOTING RELATED COMMUNICATIONS TO ENSURE THAT SUCH COMMUNI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14106-01-8

 S. 7369                             2
 
 CATIONS ARE UNIFORM AND ACCURATE. ANY POLITICAL SUBDIVISION OF THE STATE
 HAVING  JURISDICTION  OVER  ANY HIGHWAY SHALL CONSULT THE STATE BOARD OF
 ELECTIONS PRIOR TO DISPLAYING VOTING RELATED  COMMUNICATIONS  TO  ENSURE
 THAT SUCH COMMUNICATIONS ARE UNIFORM AND ACCURATE.
   (D)  FOR  PURPOSES  OF THIS SECTION, THE TERM "VARIABLE MESSAGE SIGNS"
 SHALL INCLUDE CHANGEABLE MESSAGE SIGNS AS ADOPTED BY THE FEDERAL HIGHWAY
 SAFETY ADMINISTRATION'S  MANUAL  ON  UNIFORM  TRAFFIC  CONTROL  DEVICES,
 DYNAMIC  MESSAGE  SIGNS DEVELOPED AS PART OF THE NATIONAL TRANSPORTATION
 COMMUNICATION FOR ITS PROTOCOL, AND VARIABLE MESSAGE SIGNS AS DEFINED BY
 THE COMMISSIONER.
   (E) THE COMMISSIONER MAY GIVE PRIORITY TO OTHER  APPROPRIATE  VARIABLE
 MESSAGE  SIGN COMMUNICATIONS, INCLUDING, BUT NOT LIMITED TO, THE DISPLAY
 OF EMERGENCY ALERTS, AMBER  ALERTS,  MISSING  VULNERABLE  ADULT  ALERTS,
 MISSING  OR  EXPLOITED  CHILDREN ALERTS AND OTHER TRANSPORTATION RELATED
 MESSAGES, OVER THE COMMUNICATIONS AUTHORIZED PURSUANT TO THIS SECTION.
   § 2. No information authorized to be displayed on a  variable  message
 sign  pursuant  to  section  332 of the Highway law as added by this act
 shall be displayed if advised by the United States Department of  Trans-
 portation  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.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a law. The department of transportation and state board of
 elections are authorized to promulgate any rules and regulations  neces-
 sary to implement the provisions of this act on its effective date on or
 before such date.

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Senate Bill S7369

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Sponsored By

Martin Malavé Dilan

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

Jamaal T. Bailey

Brian Benjamin

Liz Krueger

Roxanne J. Persaud

2017-S7369 (ACTIVE) - Details

2017-S7369 (ACTIVE) - Summary

2017-S7369 (ACTIVE) - Sponsor Memo

2017-S7369 (ACTIVE) - Bill Text download pdf

Comments