S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9706
 
                           I N  A S S E M B L Y
 
                             February 6, 2020
                                ___________
 
 Introduced by M. of A. ARROYO -- read once and referred 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.
                                                            LBD14043-01-9

 A. 9706                             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.