S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    262
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (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:
 
   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

 S. 262                              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.