Bill Text: NY A09706 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-06 - referred to transportation [A09706 Detail]

Download: New_York-2019-A09706-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9706

                   IN ASSEMBLY

                                    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:

     1    Section 1. The highway law is amended by adding a new section  332  to
     2  read as follows:
     3    §  332. Variable message signs; voting related communications. (a) The
     4  commissioner is authorized to place, cause to be placed, or permit to be
     5  placed permanent or portable variable message signs within the right  of
     6  way  of  any  highway  over which he or she has jurisdiction, displaying
     7  voting related communications including without limitation:
     8    (i) notice of the deadline to register to vote beginning the fifth day
     9  prior to the respective deadline for  a  statewide  primary  or  general
    10  election; and
    11    (ii) notice of any statewide general, primary, or special election for
    12  any statewide public office, beginning three days prior to and including
    13  election day.
    14    (b)  Provided  that it does not interfere with state or federal law or
    15  regulation, any political subdivision of the state  having  jurisdiction
    16  over  any  highway is authorized to place, cause to be placed, or permit
    17  to be placed permanent or portable  variable  message  signs  displaying
    18  voting  related  communications within the right of way of such highway,
    19  including without limitation:
    20    (i) notice of the deadline to register to vote beginning the fifth day
    21  prior to the respective deadline for  a  statewide  primary  or  general
    22  election; and
    23    (ii) notice of any statewide general, primary, or special election for
    24  any statewide public office, beginning three days prior to and including
    25  election day.
    26    (c)  The commissioner shall consult the state board of elections prior
    27  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

     1  cations are uniform and accurate. Any political subdivision of the state
     2  having jurisdiction over any highway shall consult the  state  board  of
     3  elections  prior  to  displaying voting related communications to ensure
     4  that such communications are uniform and accurate.
     5    (d)  For  purposes  of this section, the term "variable message signs"
     6  shall include changeable message signs as adopted by the federal highway
     7  safety administration's  manual  on  uniform  traffic  control  devices,
     8  dynamic  message  signs developed as part of the national transportation
     9  communication for ITS protocol, and variable message signs as defined by
    10  the commissioner.
    11    (e) The commissioner may give priority to other  appropriate  variable
    12  message  sign communications, including, but not limited to, the display
    13  of emergency alerts, amber  alerts,  missing  vulnerable  adult  alerts,
    14  missing  or  exploited  children alerts and other transportation related
    15  messages, over the communications authorized pursuant to this section.
    16    § 2. No information authorized to be displayed on a  variable  message
    17  sign  pursuant  to  section  332 of the highway law as added by this act
    18  shall be displayed if advised by the United States Department of  Trans-
    19  portation  or  any  of its agencies that the display of such information
    20  will interfere with federal law or regulation or result in the reduction
    21  of federal aid highway funds.
    22    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    23  have  become  a law. The department of transportation and state board of
    24  elections are authorized to promulgate any rules and regulations  neces-
    25  sary to implement the provisions of this act on its effective date on or
    26  before such date.