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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9634
SPONSOR: Hyndman 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.
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.
