Bill Text: CA AB882 | 2009-2010 | Regular Session | Enrolled

California Assembly Bill 882 (Prior Session Legislation)

Bill Title: Highways: victim memorial signs.

Sponsorship: Partisan Bill (Republican 1)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB882 Detail]

Download: California-2009-AB882-Enrolled.html

BILL NUMBER: AB 882	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 3, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2009
	AMENDED IN SENATE  AUGUST 27, 2009
	AMENDED IN ASSEMBLY  MAY 4, 2009

INTRODUCED BY   Assembly Member Fuller

                        FEBRUARY 26, 2009

   An act to amend Section 101.10 of the Streets and Highways Code,
relating to highways.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 882, Fuller. Highways: victim memorial signs.
   Existing law requires the Department of Transportation to design,
construct, place, and maintain, or cause to be designed, constructed,
placed, and maintained, "Please Don't Drink and Drive" signs on
state highways in memory of accident victims killed in accidents
involving another party who was convicted of drunk driving or various
other alcohol-related offenses, as specified, if the sign is
requested or consented to by an immediate family member of the
accident victim and the requester pays a fee to cover the department'
s costs, as specified.
   This bill would expand these provisions to also include "Please
Drive Safely" signs in memory of victims killed in vehicular
accidents unrelated to drugs or alcohol. The bill would limit to 24
the number of signs that may be placed each calendar year under these
new provisions, with a maximum of 2 signs per year in each district
of the department.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 101.10 of the Streets and Highways Code is
amended to read:
   101.10.  (a) (1) The department shall design, construct, place,
and maintain, or cause to be designed, constructed, placed, and
maintained, along state highways, signs that read as follows: "Please
Don't Drink and Drive," followed by: "In Memory of (victim's name)."
These signs shall be placed upon the state highways in accordance
with this section, placement guidelines adopted by the department,
and any applicable federal limitations or conditions on highway
signage, including location and spacing. Signs may memorialize more
than one victim. "Victim" for purposes of this section means a person
who was killed in a vehicular accident, but does not include a party
described in paragraph (2) of subdivision (c).
   (2) The department shall also design, construct, place, and
maintain, or cause to be designed, constructed, placed, and
maintained, along state highways, signs that read as follows: "Please
Drive Safely" followed by: "In Memory of (victim's name)." These
signs shall be placed upon the state highways in accordance with this
section, placement guidelines adopted by the department, and any
applicable federal limitations or conditions on highway signage,
including location and spacing. Signs may memorialize more than one
victim. "Victim" for purposes of this section also means a person who
was killed in a vehicular accident unrelated to drugs or alcohol. No
more than 24 signs may be placed throughout the state each calendar
year pursuant to this paragraph, with no more than two signs in each
of the department's 12 districts, notwithstanding any other provision
of this section. Requests for signs under this paragraph shall be
submitted to, and be processed by, the applicable district office of
the department.
   (3) The department shall adopt program guidelines for the
application for and placement of signs authorized by this section,
including, but not limited to, the sign application and qualification
process, the procedure for the dedication of signs, and procedures
for the replacement or restoration of any signs that are damaged or
stolen.
   (b) (1) If the placement at the location of a vehicular accident
is safe and practical and the conditions of subdivisions (c) and (d)
are met, the department shall place a sign described in paragraph (1)
of subdivision (a) in close proximity to the location where the
vehicular accident occurred.
   (2) If the placement at the location of a vehicular accident is
safe and practical and the condition of subdivision (d) is met, the
department shall place a sign described in paragraph (2) of
subdivision (a) in close proximity to the location where the
vehicular accident occurred.
   (c) (1) A party to that accident was convicted of any of the
following:
   (A) Murder of the second degree under Section 187, and the
violation was a direct result of driving a vehicle while in violation
of Section 23152 or 23153 of the Vehicle Code.
   (B) Gross vehicular manslaughter while intoxicated under
subdivision (a) of Section 191.5 of the Penal Code.
   (C) Vehicular manslaughter under subdivision (b) of Section 191.5
of the Penal Code.
   (2) A party to that accident operated a vehicle involved in the
vehicular accident in violation of Section 23152 or 23153 of the
Vehicle Code, but died in the accident or was not prosecuted because
he or she is found mentally incompetent pursuant to Section 1367 of
the Penal Code.
   (d) (1) Upon the request of an immediate family member of the
deceased victim involved in an accident occurring on and after
January 1, 1991, and described in subdivision (b), the department
shall place a sign in accordance with this section. A person who is
not a member of the immediate family may also submit a request to
have a sign placed under this section if that person also submits the
written consent of an immediate family member. The department shall
charge the requesting party a fee to cover the department's cost in
designing, constructing, placing, and maintaining that sign, and the
department's costs in administering this section. The sign shall be
posted for seven years from the date of initial placement, or until
the date the department determines that the condition of the sign has
deteriorated to the point that it is no longer serviceable,
whichever date is first.
   (2) "Immediate family" means spouse, child, stepchild, brother,
stepbrother, sister, stepsister, mother, stepmother, father, or
stepfather.
   (3) If there is any opposition to the placement of the memorial
sign by a member of the immediate family, no sign shall be placed
pursuant to this section.