STATE OF NEW YORK ________________________________________________________________________ 3938--A 2025-2026 Regular Sessions IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. SMULLEN, BEEPHAN, MIKULIN, PALMESANO, DeSTEFANO, BLUMENCRANZ, TAGUE, DURSO, BLANKENBUSH, SEMPOLINSKI, HAWLEY, BRABENEC, MORINELLO, McDONALD, MANKTELOW, JENSEN, DiPIETRO, WALSH, E. BROWN, ANGELINO, GRAY, NOVAKHOV, MOLITOR, BUTTENSCHON, BARCLAY, BOLOGNA, SLATER, WILLIAMS, CRUZ, BAILEY, CHLUDZINSKI, K. BROWN, ZACCARO, GRIF- FIN, SIMPSON, WOERNER, RAMOS, McDONOUGH, CUNNINGHAM -- read once and referred to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the highway law and the vehicle and traffic 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"; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04527-03-5
A. 3938--A 2 1 (b) the phrase "In Memory Of" and the name of one or more victims in 2 accordance with the rules promulgated by the department; and 3 (c) the date of the collision that resulted in the victim's death. 4 4. The sign may include the names of more than one victim so long as 5 the total length of the names does not exceed one line of text. 6 5. A person may request that a sign be posted under this section by: 7 (a) making an application to the department on a form prescribed by 8 the department; and 9 (b) submitting a fee to the department, in an amount reasonably deter- 10 mined by the department, to help defray the costs of posting the memori- 11 al sign, provided that such fee shall not be excessive or prohibitive. 12 6. If the application meets the department's requirements and the 13 applicant pays the memorial sign fee, the department shall erect a sign. 14 A sign posted under this section may remain posted for two years. At the 15 end of the two-year period the department may release the sign to the 16 applicant. The department is not required to release a sign that has 17 been damaged. 18 7. A sign posted under this section that is damaged shall be removed 19 by the department. Except as provided in subdivision eight of this 20 section, the department may post a new sign if it has been less than two 21 years from the posting of the original sign and a person: 22 (a) submits a written request to the department to replace the sign; 23 and 24 (b) submits a replacement fee in the amount provided under paragraph 25 (b) of subdivision five of this section. 26 8. During the two-year posting period the department shall replace a 27 sign posted under this section that is damaged because of the depart- 28 ment's negligence. 29 9. The commissioner shall promulgate such rules and regulations as may 30 be necessary to effectuate the provisions of this section. 31 10. All signs posted pursuant to this section shall comply with all 32 applicable federal law and regulations. 33 § 3. Subdivision (a) of section 1640 of the vehicle and traffic law is 34 amended by adding a new paragraph 23 to read as follows: 35 23. Establish and administer a memorial sign program to publicly memo- 36 rialize the victims of fatal vehicle collisions. 37 (i) As used in this paragraph, "victim" means a person killed in a 38 highway collision, and "agency" means the appropriate administrative 39 agency responsible for highway maintenance in the municipality. 40 (ii) A sign designed and posted under this paragraph shall include: 41 a. the phrase "Please Don't Drink and Drive", "Please Don't Drive 42 Impaired", "Please Don't Text and Drive", "Please Don't Speed", "Please 43 Buckle Up", "Please Drive Sober", "Please Drive Safely", "Please Ride 44 Safely", "Please Watch for Bicyclists", "Please Watch for Motorcycles", 45 "Please Watch for Pedestrians", "Reckless Driving Costs Lives", "Seat 46 Belts Save Lives", "Slow Down for Workers", or "Stay Alert Drive Safe"; 47 b. the phrase "In Memory Of" and the name of one or more victims in 48 accordance with the rules promulgated by the legislative body; and 49 c. the date of the collision that resulted in the victim's death. 50 (iii) The sign may include the names of more than one victim so long 51 as the total length of the names does not exceed one line of text. 52 (iv) A person may request that a sign be posted under this paragraph 53 by: 54 a. making an application to the agency on a form prescribed by the 55 legislative body; and
A. 3938--A 3 1 b. submitting a fee to the agency, in an amount reasonably determined 2 by the legislative body, to help defray the costs of posting the memori- 3 al sign, provided that such fee shall not be excessive or prohibitive. 4 (v) If the application meets the legislative body's requirements and 5 the applicant pays the memorial sign fee, the agency shall erect a sign. 6 A sign posted under this paragraph may remain posted for two years. At 7 the end of the two-year period the agency may release the sign to the 8 applicant. The agency is not required to release a sign that has been 9 damaged. 10 (vi) A sign posted under this paragraph that is damaged shall be 11 removed by the agency. Except as provided in subparagraph (viii) of this 12 paragraph, the agency may post a new sign if it has been less than two 13 years from the posting of the original sign and a person: 14 a. submits a written request to the agency to replace the sign; and 15 b. submits a replacement fee in the amount provided under clause b of 16 subparagraph (iv) of this paragraph. 17 (vii) During the two-year posting period the agency shall replace a 18 sign posted under this paragraph that is damaged because of the munici- 19 pality's negligence. 20 (viii) All signs posted pursuant to this paragraph shall comply with 21 all applicable federal law and regulations. 22 § 4. Subdivision (a) of section 1650 of the vehicle and traffic law is 23 amended by adding a new paragraph 8 to read as follows: 24 8. Establish and administer a memorial sign program to publicly memo- 25 rialize the victims of fatal vehicle collisions. 26 (i) As used in this paragraph, "victim" means a person killed in a 27 highway collision. 28 (ii) A sign designed and posted under this paragraph shall include: 29 a. the phrase "Please Don't Drink and Drive", "Please Don't Drive 30 Impaired", "Please Don't Text and Drive", "Please Don't Speed", "Please 31 Buckle Up", "Please Drive Sober", "Please Drive Safely", "Please Ride 32 Safely", "Please Watch for Bicyclists", "Please Watch for Motorcycles", 33 "Please Watch for Pedestrians", "Reckless Driving Costs Lives", "Seat 34 Belts Save Lives", "Slow Down for Workers", or "Stay Alert Drive Safe"; 35 b. the phrase "In Memory Of" and the name of one or more victims in 36 accordance with the rules promulgated by the county superintendent of 37 highways; and 38 c. the date of the collision that resulted in the victim's death. 39 (iii) The sign may include the names of more than one victim so long 40 as the total length of the names does not exceed one line of text. 41 (iv) A person may request that a sign be posted under this paragraph 42 by: 43 a. making an application to the county superintendent of highways on a 44 form prescribed by the county superintendent of highways; and 45 b. submitting a fee to the county superintendent of highways, in an 46 amount reasonably determined by the elected legislative body of the 47 county, to help defray the costs of posting the memorial sign, provided 48 that such fee shall not be excessive or prohibitive. 49 (v) If the application meets the superintendent's requirements and the 50 applicant pays the memorial sign fee, the county superintendent of high- 51 ways shall erect a sign. A sign posted under this paragraph may remain 52 posted for two years. At the end of the two-year period the county 53 superintendent of highways may release the sign to the applicant. The 54 county superintendent of highways is not required to release a sign that 55 has been damaged.
A. 3938--A 4 1 (vi) A sign posted under this paragraph that is damaged shall be 2 removed by the county superintendent of highways. Except as provided in 3 subparagraph (viii) of this paragraph, the county superintendent of 4 highways may post a new sign if it has been less than two years from the 5 posting of the original sign and a person: 6 a. submits a written request to the county superintendent of highways 7 to replace the sign; and 8 b. submits a replacement fee in the amount provided under clause b of 9 subparagraph (iv) of this paragraph. 10 (vii) During the two-year posting period the county superintendent of 11 highways shall replace a sign posted under this paragraph that is 12 damaged because of the county's negligence. 13 (viii) All signs posted pursuant to this paragraph shall comply with 14 all applicable federal law and regulations. 15 § 5. Subdivision (a) of section 1660 of the vehicle and traffic law is 16 amended by adding a new paragraph 29 to read as follows: 17 29. Establish and administer a memorial sign program to publicly memo- 18 rialize the victims of fatal vehicle collisions. 19 (i) As used in this paragraph, "victim" means a person killed in a 20 highway collision. 21 (ii) A sign designed and posted under this paragraph shall include: 22 a. the phrase "Please Don't Drink and Drive", "Please Don't Drive 23 Impaired", "Please Don't Text and Drive", "Please Don't Speed", "Please 24 Buckle Up", "Please Drive Sober", "Please Drive Safely", "Please Ride 25 Safely", "Please Watch for Bicyclists", "Please Watch for Motorcycles", 26 "Please Watch for Pedestrians", "Reckless Driving Costs Lives", "Seat 27 Belts Save Lives", "Slow Down for Workers", or "Stay Alert Drive Safe"; 28 b. the phrase "In Memory Of" and the name of one or more victims in 29 accordance with the rules promulgated by the legislative body; and 30 c. the date of the collision that resulted in the victim's death. 31 (iii) The sign may include the names of more than one victim so long 32 as the total length of the names does not exceed one line of text. 33 (iv) A person may request that a sign be posted under this paragraph 34 by: 35 a. making an application to the highway superintendent on a form 36 prescribed by the town board; and 37 b. submitting a fee to the highway superintendent, in an amount 38 reasonably determined by the town board, to help defray the costs of 39 posting the memorial sign, provided that such fee shall not be excessive 40 or prohibitive. 41 (v) If the application meets the town board's requirements and the 42 applicant pays the memorial sign fee, the highway superintendent shall 43 erect a sign. A sign posted under this paragraph may remain posted for 44 two years. At the end of the two-year period the highway superintendent 45 may release the sign to the applicant. The highway superintendent is not 46 required to release a sign that has been damaged. 47 (vi) A sign posted under this paragraph that is damaged shall be 48 removed by the highway superintendent. Except as provided in subpara- 49 graph g of this paragraph, the highway superintendent may post a new 50 sign if it has been less than two years from the posting of the original 51 sign and a person: 52 a. submits a written request to the highway superintendent to replace 53 the sign; and 54 b. submits a replacement fee in the amount provided under clause b of 55 subparagraph (iv) of this paragraph.
A. 3938--A 5 1 (vii) During the two-year posting period the highway superintendent 2 shall replace a sign posted under this paragraph that is damaged because 3 of the town's negligence. 4 (viii) All signs posted pursuant to this paragraph shall comply with 5 all applicable federal law and regulations. 6 § 6. This act shall take effect on the one hundred eightieth day after 7 it shall have become a law.