A 3938: Authorizes the department of transportation to establish and implement a state memorial sign program to memorialize persons who died due to injuries sustained in a fatal motor vehicle crash on state highways.

  
  STATE OF NEW YORK ________________________________________________________________________ 3938 2025-2026 Regular Sessions  IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. SMULLEN -- read once and referred to the Commit- tee on Transportation AN ACT to amend the highway law, in relation to enacting "Alexander John Smullen Traffic Safety Memorial Law" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Alexander John Smullen Traffic Safety Memorial Law". 3 § 2. The highway law is amended by adding a new section 24 to read as 4 follows: 5 § 24. Memorial sign program for collision victims. 1. The commissioner 6 shall establish and administer a memorial sign program to publicly memo- 7 rialize the victims of fatal vehicle collisions. 8 2. As used in this section, "victim" means a person killed in a high- 9 way collision. 10 3. A sign designed and posted under this section shall include: 11 (a) the phrase "Please Don't Drink and Drive", "Please Don't Drive 12 Impaired", "Please Don't Text and Drive", "Please Don't Speed", "Please 13 Buckle Up", "Please Drive Sober", "Please Drive Safely", "Please Ride 14 Safely", "Please Watch for Bicyclists", "Please Watch for Motorcycles", 15 "Please Watch for Pedestrians", "Reckless Driving Costs Lives", "Seat 16 Belts Save Lives", "Slow Down for Workers", or "Stay Alert Drive Safe"; 17 (b) the phrase "In Memory Of" and the name of one or more victims in 18 accordance with the rules promulgated by the department; and 19 (c) the date of the collision that resulted in the victim's death. 20 4. The sign may include the names of more than one victim so long as 21 the total length of the names does not exceed one line of text. 22 5. A person may request that a sign be posted under this section by: 23 (a) making an application to the department on a form prescribed by 24 the department; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04527-02-5 
 A. 3938 2 1 (b) submitting a fee to the department in an amount determined by the 2 department to help defray the costs of posting the memorial sign. 3 6. If the application meets the department's requirements and the 4 applicant pays the memorial sign fee, the department shall erect a sign. 5 A sign posted under this section may remain posted for two years. At the 6 end of the two-year period the department may release the sign to the 7 applicant. The department is not required to release a sign that has 8 been damaged. 9 7. A sign posted under this section that is damaged shall be removed 10 by the department. Except as provided in subdivision eight of this 11 section, the department may post a new sign if it has been less than two 12 years from the posting of the original sign and a person: 13 (a) submits a written request to the department to replace the sign; 14 and 15 (b) submits a replacement fee in the amount provided under paragraph 16 (b) of subdivision five of this section. 17 8. During the two-year posting period the department shall replace a 18 sign posted under this section that is damaged because of the depart- 19 ment's negligence. 20 9. The commissioner shall promulgate such rules and regulations as may 21 be necessary to effectuate the provisions of this section. 22 10. All signs posted pursuant to this section shall comply with all 23 applicable federal law and regulations. 24 § 3. This act shall take effect on the one hundred eightieth day after 25 it shall have become a law.