Bill Text: NY A09748 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes a memorial sign program to publicly memorialize the victims of alcohol or drug-related vehicle collisions.

Spectrum: Partisan Bill (Republican 15-0)

Status: (Introduced) 2024-04-03 - referred to transportation [A09748 Detail]

Download: New_York-2023-A09748-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9748

                   IN ASSEMBLY

                                      April 3, 2024
                                       ___________

        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  "Faith  and
          Sean's 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  "Faith and Sean's 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  alcohol  or  drug-related  collision
     6  victims.  1.  The commissioner shall establish and administer a memorial
     7  sign program to publicly memorialize the victims of alcohol or  drug-re-
     8  lated vehicle collisions.
     9    2.  As used in this section, "victim" means a person killed in a high-
    10  way collision involving alcohol or a drug  or  a  combination  of  such,
    11  excluding  an  operator who was under the influence of alcohol or a drug
    12  or any combination of such.
    13    3. A sign designed and posted under this section shall include:
    14    (a) the phrase "Please Don't Drink and Drive" or "Please  Don't  Drive
    15  Impaired";
    16    (b)  the  phrase "In Memory Of" and the name of one or more victims in
    17  accordance with the rules promulgated by the department; and
    18    (c) the date of the collision that resulted in the victim's death.
    19    4. The sign may include the names of more than one victim so  long  as
    20  the total length of the names does not exceed one line of text.
    21    5. A person may request that a sign be posted under this section by:
    22    (a)  making  an  application to the department on a form prescribed by
    23  the department; and
    24    (b) submitting a fee to the department in an amount determined by  the
    25  department to help defray the costs of posting the memorial sign.
    26    6.  If  the  application  meets  the department's requirements and the
    27  applicant pays the memorial sign fee, the department shall erect a sign.
    28  A sign posted under this section may remain posted for two years. At the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14949-01-4
        A. 9748                             2

     1  end of the two-year period the department may release the  sign  to  the
     2  applicant.  The  department  is  not required to release a sign that has
     3  been damaged.
     4    7.  A  sign posted under this section that is damaged shall be removed
     5  by the department. Except as  provided  in  subdivision  eight  of  this
     6  section, the department may post a new sign if it has been less than two
     7  years from the posting of the original sign and a person:
     8    (a)  submits  a written request to the department to replace the sign;
     9  and
    10    (b) submits a replacement fee in the amount provided under paragraph b
    11  of subdivision five of this section.
    12    8. During the two-year posting period the department shall  replace  a
    13  sign  posted  under  this section that is damaged because of the depart-
    14  ment's negligence.
    15    9. The commissioner shall promulgate such rules and regulations as may
    16  be necessary to effectuate the provisions of this section.
    17    10. All signs posted pursuant to this section shall  comply  with  all
    18  applicable federal law and regulations.
    19    § 3. This act shall take effect on the one hundred eightieth day after
    20  it shall have become a law.