S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3938
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "Alexander John Smullen Traffic Safety Memorial Law".
   § 2. The highway law is amended by adding a new section 24 to read  as
 follows:
   § 24. MEMORIAL SIGN PROGRAM FOR COLLISION VICTIMS. 1. THE COMMISSIONER
 SHALL ESTABLISH AND ADMINISTER A MEMORIAL SIGN PROGRAM TO PUBLICLY MEMO-
 RIALIZE THE VICTIMS OF FATAL VEHICLE COLLISIONS.
   2.  AS USED IN THIS SECTION, "VICTIM" MEANS A PERSON KILLED IN A HIGH-
 WAY COLLISION.
   3. A SIGN DESIGNED AND POSTED UNDER THIS SECTION SHALL INCLUDE:
   (A) THE PHRASE "PLEASE DON'T DRINK AND  DRIVE",  "PLEASE  DON'T  DRIVE
 IMPAIRED",  "PLEASE DON'T TEXT AND DRIVE", "PLEASE DON'T SPEED", "PLEASE
 BUCKLE UP", "PLEASE DRIVE SOBER", "PLEASE DRIVE  SAFELY",  "PLEASE  RIDE
 SAFELY",  "PLEASE WATCH FOR BICYCLISTS", "PLEASE WATCH FOR MOTORCYCLES",
 "PLEASE WATCH FOR PEDESTRIANS", "RECKLESS DRIVING  COSTS  LIVES",  "SEAT
 BELTS SAVE LIVES", "SLOW DOWN FOR WORKERS", OR "STAY ALERT DRIVE SAFE";
   (B)  THE  PHRASE "IN MEMORY OF" AND THE NAME OF ONE OR MORE VICTIMS IN
 ACCORDANCE WITH THE RULES PROMULGATED BY THE DEPARTMENT; AND
   (C) THE DATE OF THE COLLISION THAT RESULTED IN THE VICTIM'S DEATH.
   4. THE SIGN MAY INCLUDE THE NAMES OF MORE THAN ONE VICTIM SO  LONG  AS
 THE TOTAL LENGTH OF THE NAMES DOES NOT EXCEED ONE LINE OF TEXT.
   5. A PERSON MAY REQUEST THAT A SIGN BE POSTED UNDER THIS SECTION BY:
   (A)  MAKING  AN  APPLICATION TO THE DEPARTMENT ON A FORM PRESCRIBED BY
 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
              

 
   (B) SUBMITTING A FEE TO THE DEPARTMENT IN AN AMOUNT DETERMINED BY  THE
 DEPARTMENT TO HELP DEFRAY THE COSTS OF POSTING THE MEMORIAL SIGN.
   6.  IF  THE  APPLICATION  MEETS  THE DEPARTMENT'S REQUIREMENTS AND THE
 APPLICANT PAYS THE MEMORIAL SIGN FEE, THE DEPARTMENT SHALL ERECT A SIGN.
 A SIGN POSTED UNDER THIS SECTION MAY REMAIN POSTED FOR TWO YEARS. AT THE
 END OF THE TWO-YEAR PERIOD THE DEPARTMENT MAY RELEASE THE  SIGN  TO  THE
 APPLICANT.  THE  DEPARTMENT  IS  NOT REQUIRED TO RELEASE A SIGN THAT HAS
 BEEN DAMAGED.
   7. A SIGN POSTED UNDER THIS SECTION THAT IS DAMAGED SHALL  BE  REMOVED
 BY  THE  DEPARTMENT.  EXCEPT  AS  PROVIDED  IN SUBDIVISION EIGHT OF THIS
 SECTION, THE DEPARTMENT MAY POST A NEW SIGN IF IT HAS BEEN LESS THAN TWO
 YEARS FROM THE POSTING OF THE ORIGINAL SIGN AND A PERSON:
   (A) SUBMITS A WRITTEN REQUEST TO THE DEPARTMENT TO REPLACE  THE  SIGN;
 AND
   (B)  SUBMITS  A REPLACEMENT FEE IN THE AMOUNT PROVIDED UNDER PARAGRAPH
 (B) OF SUBDIVISION FIVE OF THIS SECTION.
   8. DURING THE TWO-YEAR POSTING PERIOD THE DEPARTMENT SHALL  REPLACE  A
 SIGN  POSTED  UNDER  THIS SECTION THAT IS DAMAGED BECAUSE OF THE DEPART-
 MENT'S NEGLIGENCE.
   9. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY
 BE NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   10. ALL SIGNS POSTED PURSUANT TO THIS SECTION SHALL  COMPLY  WITH  ALL
 APPLICABLE FEDERAL LAW AND REGULATIONS.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.