S T A T E O F N E W Y O R K
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6805
2019-2020 Regular Sessions
I N S E N A T E
October 25, 2019
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Introduced by Sen. MYRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14043-01-9
S. 6805 2
(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-
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.
