Bill Text: NY A09634 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 9634

Introduced

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) 2024-03-26 - referred to transportation [A09634 Detail]

Download: New_York-2023-A09634-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          9634

                   IN ASSEMBLY

                                     March 26, 2024
                                       ___________

        Introduced  by M. of A. HYNDMAN -- 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:

     1    Section  1.  The highway law is amended by adding a new section 333 to
     2  read as follows:
     3    § 333. 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.
                                                                   LBD00801-01-3

        A. 9634                             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  333 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.