Second Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 16-0810.01 Jason Gelender x4330 HOUSE BILL 16-1325 HOUSE SPONSORSHIP Garnett, Becker K., Melton, Moreno, Pabon, Rosenthal, Singer, Tyler, Winter SENATE SPONSORSHIP (None), House Committees Senate Committees Transportation & Energy A BILL FOR AN ACT Concerning a requirement that the department of transportation post messages about precinct caucus and statewide election dates on its variable messaging signs. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Subject to specified limitations, the bill requires the department of transportation (CDOT) to display messages about the date of upcoming precinct caucuses and general, primary, or statewide odd-year elections on its variable message signs. CDOT must display the messages for the week up to and including the date of the caucus or election, and the secretary of state must notify CDOT of each upcoming precinct caucus and election date and the message display requirement no later than 21 days before the precinct caucus or election date. The specified limitations are that: The requirement to display precinct caucus and election date messages does not alter any procedures or requirements specified in law or in department of public safety or CDOT administrative rules or limit CDOT's discretion concerning the display of emergency alerts on its variable message signs; CDOT may give priority to such alerts and to other safety related messages, including messages regarding adverse weather or road conditions, over the precinct caucus and election date messages; and CDOT may not display the precinct caucus and election date messages: Unless it obtains federal approval from the U.S. department of transportation (USDOT) or one of its agencies; or If USDOT or one of its agencies advise CDOT that displaying the messages will result in the reduction of federal aid highway funds to the state. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 43-1-422 as follows: 43-1-422. Use of department variable message signs to provide voting related information. (1) Subject to the limitations specified in subsections (2) and (3) of this section, the department shall display messages regarding the date of each precinct caucus and general, primary, or statewide odd-year election on its variable message signs. The department shall display the messages beginning seven days before the precinct caucus or election date and ending at 7 p.m. on the precinct caucus or election date. No later than twenty-one days before the date of each precinct caucus or general, primary, or statewide odd-year election, the secretary of state shall notify the department of the upcoming precinct caucus or election and the requirements of this subsection (1). (2) Nothing in this section alters any procedures or requirements specified in law or in administrative rules promulgated by the department of public safety or the department or limits the discretion of the department concerning the display on its variable message signs of emergency alerts, including Amber alerts issued pursuant to section 24-33.5-415.7, C.R.S., missing senior citizen and person with developmental disabilities alerts issued pursuant to section 24-33.5-415.8, C.R.S., blue alerts issued pursuant to section 24-33.5-416.5, C.R.S., and Medina alerts issued pursuant to section 24-33.5-416.7, C.R.S. The department may give priority to such alerts and to other safety related messages, including messages regarding adverse weather or road conditions, over the precinct caucus and election date messages required by subsection (1) of this section. (3) The department shall not display the precinct caucus and election date messages required by subsection (1) of this section unless the United States department of transportation or one of its agencies has expressly approved the display of the messages. The department shall promptly seek the required approval. If the United States department of transportation or one of its agencies advises the department that the display of the messages will result in the reduction of federal aid highway funds to the state pursuant to 23 U.S.C. sec. 131, the department shall not display the messages. SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.