NY State Senate Bill 2023-S2388

Senate Bill S2388

2023-2024 Legislative Session

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

download bill text pdf

Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Jan 20, 2023	referred to transportation

co-Sponsors

2023-S2388 (ACTIVE) - Details

See Assembly Version of this Bill:: A9634
Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Add §333, Hway L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7369
2019-2020: S6805, A9706
2021-2022: S262, A4505

2023-S2388 (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.

2023-S2388 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2388

SPONSOR: MYRIE
 
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 1 amends the highway law by adding a new section 332 which
provides the Department of Transportation (DOT) Commissioner the author-
ity to place variable message boards with election and voting related
messages along any highway within state jurisdiction. It also authorizes

any political subdivision within the state to place variable message
signs displaying voting related information on local highways. The
commissioner of DOT and local municipalities is required to consult with
the State Board of Elections prior to displaying voter related communi-
cations to ensure such communications are uniform and accurate. The DOT
is permitted flexibility to give priority to any other message sign
communications, including, but not limited to emergency alerts, amber
alerts, missing vulnerable adult alerts, as well as other transportation
related messages.

Section 2 provides that no message be displayed if it interferes with
federal law or regulation, or results in the reduction of federal aid
highway funds.

Section 3 provides for the effective date.

 
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:

S262 of 2021-22: Passed Senate.

S6805 of 2019-20: Passed Senate.

S7369 of 2018: Referred to Transportation.

 
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.

2023-S2388 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2388
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sens. MYRIE, ADDABBO, BRESLIN, 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  333  to
 read as follows:
   §  333. 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.
                                                            LBD00801-01-3
 S. 2388                             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 333 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 S2388

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Sponsored By

Zellnor Myrie