NY State Senate Bill 2025-S5568

Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 25, 2025	referred to transportation

co-Sponsors

2025-S5568 (ACTIVE) - Details

See Assembly Version of this Bill:: A3938
Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Add §24, Hway L
Versions Introduced in 2023-2024 Legislative Session:: A9748

2025-S5568 (ACTIVE) - Summary

Establishes a memorial sign program to publicly memorialize the victims of fatal vehicle collisions; specifies the contents of the sign.

2025-S5568 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5568

SPONSOR: FAHY
 
TITLE OF BILL:

An act to amend the highway law, in relation to enacting "Alexander John
Smullen Traffic Safety Memorial Law"

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish a traffic safety memorial sign program to publicly memori-
alize the victims of fatal vehicle collisions.

 
SUMMARY OF PROVISIONS:

Section 1: Establishes the bill's title.

Section 2: Amends the Highway Law by adding a new section 24 to require
the State Commissioner of Transportation to establish and administer a
memorial sign program to publicly memorialize the victims of fatal vehi-
cle collisions. Allows a person to apply and pay a fee for a memorial
sign to be erected for two years with the phrase "In Memory Of" a victim

or victims with a 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 Motorcy-
cles", "Please Watch for Pedestrians", "Reckless Driving Costs Lives",
"Seat Belts Save Lives", "Slow Down for Workers", or "Stay Alert Drive
Safe."

Section 3: Sets the effective date of the bill.

 
JUSTIFICATION:

This legislation is named in honor of Alexander John "AJ" Smullen who
devastatingly passed away on March 6, 2024, in Albany, New York at the
age of 14 following a fierce fight in the Pediatric ICU after being hit
by a car on February 22, 2024.

Just a few years prior, on August 21, 2022, Faith A. McFarland, 21, and
Sean C. Bracken, 26, were tragically killed in a head-on collision when
a drunk driver veered over into their lane and struck the car with
incredible force. Sadly, the fatal accidents that killed all of these
young individuals are far from the exception as the number of vehicle
deaths in New York State continues to soar.

According to a June 2024 Report, "Moving in the Wrong Direction," from
New York State Comptroller DiNapoli, motor vehicle fatalities in New
York State have risen by 25.8 percent since 2019. In 2022, there were
1,175 motor vehicle fatalities in New York, which is the highest number
since 2013. Pedestrians were one-quarter of all crash fatalities in
2022, which is over 8 percentage points higher than the national aver-
age. In addition, about one-in-three fatalities in New York involved
speeding (402 fatalities).  According to data from the Institute for
Traffic Safety Management & Research (ITSMR), in 2023 there were 308
pedestrian fatalities in motor vehicle crashes, constituting 28 percent
of motor vehicle crash fatalities in the State. There were 259 fatali-
ties in alcohol-related crashes, constituting 23 percent of motor vehi-
cle crash fatalities in the State. In addition, there were 304 fatali-
ties in drug-related crashes, constituting 28 percent of motor vehicle
crash fatalities in the State.

This legislation is necessary to enact a program to allow family or
friends the opportunity to purchase a sign to memorialize a victim or
victims of fatal vehicle collisions, giving them some much-needed
closure in their grief. These signs would also serve as an aide to raise
awareness and act as a reminder about ,the serious, and often deadly,
consequences of impaired or reckless driving.

 
PRIOR LEGISLATIVE HISTORY:

2025-2026: A3938

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2025-S5568 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5568
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 25, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee 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
 S. 5568                             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.

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Senate Bill S5568

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

co-Sponsors

2025-S5568 (ACTIVE) - Details

2025-S5568 (ACTIVE) - Summary

2025-S5568 (ACTIVE) - Sponsor Memo

2025-S5568 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5568

Share this bill

Sponsored By

Patricia Fahy

Current Bill Status - In Senate Committee Transportation Committee

co-Sponsors

Dean Murray

Steven D. Rhoads

Rob Rolison

2025-S5568 (ACTIVE) - Details

2025-S5568 (ACTIVE) - Summary

2025-S5568 (ACTIVE) - Sponsor Memo

2025-S5568 (ACTIVE) - Bill Text download pdf

Comments