Assembly Bill A9748

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9748
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Faith and Sean's law".
   §  2. The highway law is amended by adding a new section 24 to read as
 follows:
   § 24. MEMORIAL SIGN PROGRAM  FOR  ALCOHOL  OR  DRUG-RELATED  COLLISION
 VICTIMS.  1.  THE COMMISSIONER SHALL ESTABLISH AND ADMINISTER A MEMORIAL
 SIGN PROGRAM TO PUBLICLY MEMORIALIZE THE VICTIMS OF ALCOHOL OR  DRUG-RE-
 LATED VEHICLE COLLISIONS.
   2.  AS USED IN THIS SECTION, "VICTIM" MEANS A PERSON KILLED IN A HIGH-
 WAY COLLISION INVOLVING ALCOHOL OR A DRUG  OR  A  COMBINATION  OF  SUCH,
 EXCLUDING  AN  OPERATOR WHO WAS UNDER THE INFLUENCE OF ALCOHOL OR A DRUG
 OR ANY COMBINATION OF SUCH.
   3. A SIGN DESIGNED AND POSTED UNDER THIS SECTION SHALL INCLUDE:
   (A) THE PHRASE "PLEASE DON'T DRINK AND DRIVE" OR "PLEASE  DON'T  DRIVE
 IMPAIRED";
   (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
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14949-01-4
 A. 9748                             2
 
 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.