S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4505
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee 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

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

              

 A. 4505                             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.