NY State Assembly Bill 2025-A3938A

Current Bill Status - Passed Senate & Assembly

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 11, 2025	returned to assembly passed senate 3rd reading cal.1816 substituted for s5568b referred to rules delivered to senate passed assembly ordered to third reading rules cal.609 rules report cal.609 reported
Jun 04, 2025	reported referred to rules
May 28, 2025	reported referred to ways and means
May 16, 2025	print number 3938b
May 16, 2025	amend (t) and recommit to transportation
Mar 12, 2025	print number 3938a
Mar 12, 2025	amend (t) and recommit to transportation
Jan 30, 2025	referred to transportation

Votes

- Jun 11, 2025 - Floor Vote
  A3938A
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 11, 2025
      
      aye (59)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Baskin
      
      Borrello
      
      Brisport
      
      Bynoe
      
      Canzoneri-Fitzpatrick
      
      Chan
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fahy
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (4)
      
      Brouk
      
      Murray
      
      Myrie
      
      Sutton

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2025-A3938 - Details

Law Section:: Highway Law
Laws Affected:: Add §24, Hway L; amd §§1640, 1650 & 1660, V & T L
Versions Introduced in 2023-2024 Legislative Session:: A9748

2025-A3938 - Summary

Authorizes the department of transportation to establish and implement a state memorial sign program to memorialize persons who died due to injuries sustained in a fatal motor vehicle crash on state highways.

2025-A3938 - Bill Text download pdf

                             
                     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.

co-Sponsors

View additional co-sponsors

2025-A3938A - Details

Law Section:: Highway Law
Laws Affected:: Add §24, Hway L; amd §§1640, 1650 & 1660, V & T L
Versions Introduced in 2023-2024 Legislative Session:: A9748

2025-A3938A - Summary

2025-A3938A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3938--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. SMULLEN, BEEPHAN, MIKULIN, PALMESANO, DeSTEFANO,
   BLUMENCRANZ, TAGUE, DURSO, BLANKENBUSH, SEMPOLINSKI, HAWLEY, BRABENEC,
   MORINELLO, McDONALD, MANKTELOW,  JENSEN,  DiPIETRO,  WALSH,  E. BROWN,
   ANGELINO,  GRAY,  NOVAKHOV,  MOLITOR,  BUTTENSCHON,  BARCLAY, BOLOGNA,
   SLATER, WILLIAMS, CRUZ, BAILEY, CHLUDZINSKI, K. BROWN, ZACCARO,  GRIF-
   FIN,  SIMPSON,  WOERNER, RAMOS, McDONOUGH, CUNNINGHAM -- read once and
   referred to the Committee on Transportation --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the highway law and the  vehicle  and  traffic  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";

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04527-03-5
 A. 3938--A                          2

 
   (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 REASONABLY DETER-
 MINED BY THE DEPARTMENT, TO HELP DEFRAY THE COSTS OF POSTING THE MEMORI-
 AL SIGN, PROVIDED THAT SUCH FEE SHALL NOT BE EXCESSIVE OR PROHIBITIVE.
   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. Subdivision (a) of section 1640 of the vehicle and traffic law is
 amended by adding a new paragraph 23 to read as follows:
   23. ESTABLISH AND ADMINISTER A MEMORIAL SIGN PROGRAM TO PUBLICLY MEMO-
 RIALIZE THE VICTIMS OF FATAL VEHICLE COLLISIONS.
   (I)  AS  USED  IN  THIS PARAGRAPH, "VICTIM" MEANS A PERSON KILLED IN A
 HIGHWAY COLLISION, AND "AGENCY"  MEANS  THE  APPROPRIATE  ADMINISTRATIVE
 AGENCY RESPONSIBLE FOR HIGHWAY MAINTENANCE IN THE MUNICIPALITY.
   (II) A SIGN DESIGNED AND POSTED UNDER THIS PARAGRAPH 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 LEGISLATIVE BODY; AND
   C. THE DATE OF THE COLLISION THAT RESULTED IN THE VICTIM'S DEATH.
   (III)  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.
   (IV) A PERSON MAY REQUEST THAT A SIGN BE POSTED UNDER  THIS  PARAGRAPH
 BY:
   A.  MAKING  AN  APPLICATION  TO THE AGENCY ON A FORM PRESCRIBED BY THE
 LEGISLATIVE BODY; AND
 A. 3938--A                          3
 
   B. SUBMITTING A FEE TO THE AGENCY, IN AN AMOUNT REASONABLY  DETERMINED
 BY THE LEGISLATIVE BODY, TO HELP DEFRAY THE COSTS OF POSTING THE MEMORI-
 AL SIGN, PROVIDED THAT SUCH FEE SHALL NOT BE EXCESSIVE OR PROHIBITIVE.
   (V)  IF  THE APPLICATION MEETS THE LEGISLATIVE BODY'S REQUIREMENTS AND
 THE APPLICANT PAYS THE MEMORIAL SIGN FEE, THE AGENCY SHALL ERECT A SIGN.
 A SIGN POSTED UNDER THIS PARAGRAPH MAY REMAIN POSTED FOR TWO  YEARS.  AT
 THE  END  OF  THE TWO-YEAR PERIOD THE AGENCY MAY RELEASE THE SIGN TO THE
 APPLICANT. THE AGENCY IS NOT REQUIRED TO RELEASE A SIGN  THAT  HAS  BEEN
 DAMAGED.
   (VI)  A  SIGN  POSTED  UNDER  THIS  PARAGRAPH THAT IS DAMAGED SHALL BE
 REMOVED BY THE AGENCY. EXCEPT AS PROVIDED IN SUBPARAGRAPH (VIII) OF THIS
 PARAGRAPH, THE AGENCY 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 AGENCY TO REPLACE THE SIGN; AND
   B.  SUBMITS A REPLACEMENT FEE IN THE AMOUNT PROVIDED UNDER CLAUSE B OF
 SUBPARAGRAPH (IV) OF THIS PARAGRAPH.
   (VII) DURING THE TWO-YEAR POSTING PERIOD THE AGENCY  SHALL  REPLACE  A
 SIGN  POSTED UNDER THIS PARAGRAPH THAT IS DAMAGED BECAUSE OF THE MUNICI-
 PALITY'S NEGLIGENCE.
   (VIII) ALL SIGNS POSTED PURSUANT TO THIS PARAGRAPH SHALL  COMPLY  WITH
 ALL APPLICABLE FEDERAL LAW AND REGULATIONS.
   § 4. Subdivision (a) of section 1650 of the vehicle and traffic law is
 amended by adding a new paragraph 8 to read as follows:
   8.  ESTABLISH AND ADMINISTER A MEMORIAL SIGN PROGRAM TO PUBLICLY MEMO-
 RIALIZE THE VICTIMS OF FATAL VEHICLE COLLISIONS.
   (I) AS USED IN THIS PARAGRAPH, "VICTIM" MEANS A  PERSON  KILLED  IN  A
 HIGHWAY COLLISION.
   (II) A SIGN DESIGNED AND POSTED UNDER THIS PARAGRAPH 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 COUNTY SUPERINTENDENT OF
 HIGHWAYS; AND
   C. THE DATE OF THE COLLISION THAT RESULTED IN THE VICTIM'S DEATH.
   (III) 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.
   (IV)  A  PERSON MAY REQUEST THAT A SIGN BE POSTED UNDER THIS PARAGRAPH
 BY:
   A. MAKING AN APPLICATION TO THE COUNTY SUPERINTENDENT OF HIGHWAYS ON A
 FORM PRESCRIBED BY THE COUNTY SUPERINTENDENT OF HIGHWAYS; AND
   B. SUBMITTING A FEE TO THE COUNTY SUPERINTENDENT OF  HIGHWAYS,  IN  AN
 AMOUNT  REASONABLY  DETERMINED  BY  THE  ELECTED LEGISLATIVE BODY OF THE
 COUNTY, TO HELP DEFRAY THE COSTS OF POSTING THE MEMORIAL SIGN,  PROVIDED
 THAT SUCH FEE SHALL NOT BE EXCESSIVE OR PROHIBITIVE.
   (V) IF THE APPLICATION MEETS THE SUPERINTENDENT'S REQUIREMENTS AND THE
 APPLICANT PAYS THE MEMORIAL SIGN FEE, THE COUNTY SUPERINTENDENT OF HIGH-
 WAYS  SHALL  ERECT A SIGN. A SIGN POSTED UNDER THIS PARAGRAPH MAY REMAIN
 POSTED FOR TWO YEARS.   AT THE END OF THE  TWO-YEAR  PERIOD  THE  COUNTY
 SUPERINTENDENT  OF  HIGHWAYS  MAY RELEASE THE SIGN TO THE APPLICANT. THE
 COUNTY SUPERINTENDENT OF HIGHWAYS IS NOT REQUIRED TO RELEASE A SIGN THAT
 HAS BEEN DAMAGED.
 A. 3938--A                          4
 
   (VI) A SIGN POSTED UNDER THIS  PARAGRAPH  THAT  IS  DAMAGED  SHALL  BE
 REMOVED  BY THE COUNTY SUPERINTENDENT OF HIGHWAYS. EXCEPT AS PROVIDED IN
 SUBPARAGRAPH (VIII) OF THIS  PARAGRAPH,  THE  COUNTY  SUPERINTENDENT  OF
 HIGHWAYS 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 COUNTY SUPERINTENDENT OF HIGHWAYS
 TO REPLACE THE SIGN; AND
   B. SUBMITS A REPLACEMENT FEE IN THE AMOUNT PROVIDED UNDER CLAUSE B  OF
 SUBPARAGRAPH (IV) OF THIS PARAGRAPH.
   (VII)  DURING THE TWO-YEAR POSTING PERIOD THE COUNTY SUPERINTENDENT OF
 HIGHWAYS SHALL REPLACE A  SIGN  POSTED  UNDER  THIS  PARAGRAPH  THAT  IS
 DAMAGED BECAUSE OF THE COUNTY'S NEGLIGENCE.
   (VIII)  ALL  SIGNS POSTED PURSUANT TO THIS PARAGRAPH SHALL COMPLY WITH
 ALL APPLICABLE FEDERAL LAW AND REGULATIONS.
   § 5. Subdivision (a) of section 1660 of the vehicle and traffic law is
 amended by adding a new paragraph 29 to read as follows:
   29. ESTABLISH AND ADMINISTER A MEMORIAL SIGN PROGRAM TO PUBLICLY MEMO-
 RIALIZE THE VICTIMS OF FATAL VEHICLE COLLISIONS.
   (I) AS USED IN THIS PARAGRAPH, "VICTIM" MEANS A  PERSON  KILLED  IN  A
 HIGHWAY COLLISION.
   (II) A SIGN DESIGNED AND POSTED UNDER THIS PARAGRAPH 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 LEGISLATIVE BODY; AND
   C. THE DATE OF THE COLLISION THAT RESULTED IN THE VICTIM'S DEATH.
   (III)  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.
   (IV) A PERSON MAY REQUEST THAT A SIGN BE POSTED UNDER  THIS  PARAGRAPH
 BY:
   A.  MAKING  AN  APPLICATION  TO  THE  HIGHWAY SUPERINTENDENT ON A FORM
 PRESCRIBED BY THE TOWN BOARD; AND
   B. SUBMITTING A FEE  TO  THE  HIGHWAY  SUPERINTENDENT,  IN  AN  AMOUNT
 REASONABLY  DETERMINED  BY  THE  TOWN BOARD, TO HELP DEFRAY THE COSTS OF
 POSTING THE MEMORIAL SIGN, PROVIDED THAT SUCH FEE SHALL NOT BE EXCESSIVE
 OR PROHIBITIVE.
   (V) IF THE APPLICATION MEETS THE TOWN  BOARD'S  REQUIREMENTS  AND  THE
 APPLICANT  PAYS  THE MEMORIAL SIGN FEE, THE HIGHWAY SUPERINTENDENT SHALL
 ERECT A SIGN. A SIGN POSTED UNDER THIS PARAGRAPH MAY REMAIN  POSTED  FOR
 TWO  YEARS. AT THE END OF THE TWO-YEAR PERIOD THE HIGHWAY SUPERINTENDENT
 MAY RELEASE THE SIGN TO THE APPLICANT. THE HIGHWAY SUPERINTENDENT IS NOT
 REQUIRED TO RELEASE A SIGN THAT HAS BEEN DAMAGED.
   (VI) A SIGN POSTED UNDER THIS  PARAGRAPH  THAT  IS  DAMAGED  SHALL  BE
 REMOVED  BY  THE  HIGHWAY SUPERINTENDENT. EXCEPT AS PROVIDED IN SUBPARA-
 GRAPH G OF THIS PARAGRAPH, THE HIGHWAY SUPERINTENDENT  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 HIGHWAY SUPERINTENDENT TO REPLACE
 THE SIGN; AND
   B. SUBMITS A REPLACEMENT FEE IN THE AMOUNT PROVIDED UNDER CLAUSE B  OF
 SUBPARAGRAPH (IV) OF THIS PARAGRAPH.
 A. 3938--A                          5
 
   (VII)  DURING  THE  TWO-YEAR POSTING PERIOD THE HIGHWAY SUPERINTENDENT
 SHALL REPLACE A SIGN POSTED UNDER THIS PARAGRAPH THAT IS DAMAGED BECAUSE
 OF THE TOWN'S NEGLIGENCE.
   (VIII)  ALL  SIGNS POSTED PURSUANT TO THIS PARAGRAPH SHALL COMPLY WITH
 ALL APPLICABLE FEDERAL LAW AND REGULATIONS.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

View additional co-sponsors

2025-A3938B (ACTIVE) - Details

Law Section:: Highway Law
Laws Affected:: Add §24, Hway L; amd §§1640, 1650 & 1660, V & T L
Versions Introduced in 2023-2024 Legislative Session:: A9748

2025-A3938B (ACTIVE) - Summary

2025-A3938B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3938--B
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. SMULLEN, BEEPHAN, MIKULIN, PALMESANO, DeSTEFANO,
   BLUMENCRANZ, TAGUE, DURSO, BLANKENBUSH, SEMPOLINSKI, HAWLEY, BRABENEC,
   MORINELLO, McDONALD, MANKTELOW,  JENSEN,  DiPIETRO,  WALSH,  E. BROWN,
   ANGELINO,  GRAY,  NOVAKHOV,  MOLITOR,  BUTTENSCHON,  BARCLAY, BOLOGNA,
   SLATER, WILLIAMS, CRUZ, BAILEY, CHLUDZINSKI, K. BROWN, ZACCARO,  GRIF-
   FIN,   SIMPSON,  WOERNER,  RAMOS,  McDONOUGH,  CUNNINGHAM,  SEAWRIGHT,
   KASSAY, DAVILA, JONES, SMITH -- read once and referred to the  Commit-
   tee  on  Transportation -- committee discharged, bill amended, ordered
   reprinted as amended  and  recommitted  to  said  committee  --  again
   reported  from  said  committee  with amendments, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the transportation law,  in  relation  to  enacting  the
   "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.  Section 14 of the transportation law is amended by adding a new
 subdivision 29-a to read as follows:
   29-A. (A) TO ESTABLISH AND IMPLEMENT A STATE MEMORIAL SIGN PROGRAM  TO
 MEMORIALIZE  PERSONS WHO DIED DUE TO INJURIES SUSTAINED IN A FATAL MOTOR
 VEHICLE CRASH ON STATE HIGHWAYS, INCLUDING CONTROLLED ACCESS STATE HIGH-
 WAYS, MAINTAINED BY THE STATE WHICH IS REPORTABLE TO THE FEDERAL FATALI-
 TY ANALYSIS REPORTING SYSTEM (FARS). SUCH PROGRAM SHALL PROVIDE FOR  THE
 PROVISION AND INSTALLATION OF SIGNS ON SUCH STATE HIGHWAYS MAINTAINED BY
 THE  STATE IN MEMORY OF SUCH PERSONS, UPON APPLICATION WITHIN FIVE YEARS
 OF SUCH FATAL CRASH BY AN IMMEDIATE FAMILY MEMBER  OF  SUCH  PERSON  AND
 PAYMENT  OF  A  FEE,  ESTABLISHED  BY THE COMMISSIONER, FOR THE COSTS OF
 DESIGN, PRODUCTION, PLACEMENT,  AND  MAINTENANCE  OF  SUCH  SIGNS.  SUCH
 PROGRAM ALSO SHALL PROVIDE THAT:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04527-05-5
 A. 3938--B                          2

 
   (I)  IN THE EVENT ANY MEMBER OF SUCH PERSON'S IMMEDIATE FAMILY SUBMITS
 AN OBJECTION TO THE PLACEMENT OF SUCH MEMORIAL SIGN TO THE COMMISSIONER,
 THE SIGN SHALL NOT BE PLACED, AND SHALL BE REMOVED IF THE OBJECTION  WAS
 RECEIVED AFTER SUCH SIGN WAS PLACED;
   (II)  NO  MEMORIAL  SIGN SHALL BE APPROVED FOR A PERSON WHO DIED WHILE
 OPERATING A MOTOR VEHICLE IN VIOLATION OF SECTION ELEVEN  HUNDRED  NINE-
 TY-TWO  OF THE VEHICLE AND TRAFFIC LAW AND AS A RESULT OF SUCH INTOXICA-
 TION OR IMPAIRMENT, SUCH PERSON OPERATED THE MOTOR VEHICLE IN  A  MANNER
 THAT CAUSED THE SERIOUS PHYSICAL INJURY OR DEATH OF ANOTHER PERSON;
   (III)  NO  MORE  THAN  ONE  MEMORIAL  SIGN  MAY  BE PLACED AT THE SAME
 LOCATION, PROVIDED THAT IN THE EVENT  OF  MULTIPLE  APPLICATIONS  FOR  A
 SINGLE LOCATION, THE COMMISSIONER MAY PROVIDE FOR A SIGN TYPE CAPABLE OF
 ACCOMMODATING  MULTIPLE  APPLICATIONS, PROVIDED THAT SUCH SIGN OTHERWISE
 MEETS THE REQUIREMENTS OF THIS SUBDIVISION;
   (IV) SUCH MEMORIAL SIGNS SHALL BE OF A DESIGN WHICH DIFFERS FROM SIGNS
 ERECTED TO DEDICATE OR MEMORIALIZE A HIGHWAY OR BRIDGE PURSUANT TO ARTI-
 CLE TWELVE OF THE HIGHWAY LAW;
   (V) THE PLACEMENT OF MEMORIAL SIGNS ON SUCH STATE HIGHWAYS  MAINTAINED
 BY  THE  STATE  SHALL  BE  AT  LOCATIONS DETERMINED BY THE COMMISSIONER,
 TAKING INTO CONSIDERATION THE CRASH LOCATION, ROADWAY GEOMETRY, EXISTING
 SIGNAGE AND TRAFFIC CONTROL DEVICES,  AVAILABLE  RIGHT  OF  WAY,  SAFETY
 CONCERNS,  AND  ANY  OTHER FACTOR THE COMMISSIONER DEEMS IT NECESSARY TO
 CONSIDER. SUCH PLACEMENT SHALL ALSO BE IN ACCORDANCE WITH THIS  SUBDIVI-
 SION,  WITH  RULES,  REGULATIONS,  AND  GUIDELINES  PROMULGATED  BY  THE
 COMMISSIONER, AND WITH THE REQUIREMENTS OF THE MANUAL ON UNIFORM TRAFFIC
 CONTROL DEVICES (MUTCD) AND ANY OTHER APPLICABLE STATE OR  FEDERAL  LAW,
 RULE, OR REGULATION RELATING TO HIGHWAY SIGNAGE. PROVIDED, HOWEVER, THAT
 NO SUCH SIGN SHALL BE PLACED IN FRONT OF A RESIDENCE OR BUSINESS;
   (VI)  MEMORIAL  SIGNS PLACED PURSUANT TO THIS SECTION SHALL BE REMOVED
 TWO YEARS FROM THE DATE OF THEIR INITIAL PLACEMENT. THE COMMISSIONER MAY
 REMOVE DAMAGED SIGNS, WHICH SHALL BE REPLACED FOR THE REMAINDER  OF  THE
 TWO-YEAR  PERIOD  UPON  APPLICATION  BY  AN  IMMEDIATE FAMILY MEMBER AND
 PAYMENT  OF  A  REPLACEMENT  FEE  AS  DETERMINED  BY  THE  COMMISSIONER.
 PROVIDED,  HOWEVER,  THE  DEPARTMENT SHALL REPLACE, FOR THE REMAINDER OF
 THE TWO-YEAR PERIOD, ANY SUCH SIGN DAMAGED  DUE  TO  NEGLIGENCE  OF  THE
 DEPARTMENT  AND  NO APPLICATION OR REPLACEMENT FEE SHALL BE REQUIRED FOR
 SUCH REPLACEMENT;
   (VII) FOR THE SAFETY OF THE PUBLIC, ON-SITE DEDICATION  OR  CEREMONIES
 AND THE PLACEMENT OF DECORATIONS OR OTHER ITEMS AT THE SITE OF A MEMORI-
 AL SIGN SHALL BE PROHIBITED; AND
   (VIII)  INFORMATION  ON  THE  STATE  MEMORIAL SIGN PROGRAM ESTABLISHED
 PURSUANT TO THIS SUBDIVISION SHALL BE POSTED ON THE  DEPARTMENT'S  PUBL-
 IC-FACING  WEBSITE, TOGETHER WITH HIGHWAY AND TRAFFIC SAFETY INFORMATION
 TO FURTHER INFORM AND EDUCATE THE  PUBLIC  ON  METHODS,  PRACTICES,  AND
 ACTIONS TO IMPROVE THE SAFETY OF MOTOR VEHICLE OCCUPANTS, MOTORCYCLISTS,
 BICYCLISTS, PEDESTRIANS, AND ALL ROADWAY USERS.
   (B)  FOR  THE  PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I)  "CONTROLLED-ACCESS  STATE  HIGHWAY"  SHALL  MEAN  EVERY  HIGHWAY,
 STREET,  OR  ROADWAY  UNDER  THE JURISDICTION OF THE STATE IN RESPECT TO
 WHICH OWNERS OR OCCUPANTS OF ABUTTING LANDS AND OTHER  PERSONS  HAVE  NO
 LEGAL RIGHT OF ACCESS TO OR FROM THE SAME EXCEPT AT SUCH POINTS ONLY AND
 IN SUCH MANNER AS MAY BE DETERMINED BY THE STATE;
   (II)  "FATALITY  ANALYSIS  REPORTING  SYSTEM" OR "FARS" SHALL MEAN THE
 NATIONWIDE DATABASE ESTABLISHED BY THE NATIONAL HIGHWAY  TRAFFIC  SAFETY
 ADMINISTRATION  OF  THE  UNITED  STATES DEPARTMENT OF TRANSPORTATION, AS
 A. 3938--B                          3
 
 AUTHORIZED PURSUANT TO PART 30182 OF TITLE 49 OF THE UNITED STATES  CODE
 AND  PART 403 OF TITLE 23 OF THE UNITED STATES CODE, WHICH COLLECTS DATA
 ON FATAL MOTOR VEHICLE TRAFFIC CRASHES;
   (III) "HIGHWAY" SHALL MEAN THE ENTIRE WIDTH BETWEEN THE BOUNDARY LINES
 OF  EVERY  WAY  PUBLICLY MAINTAINED WHEN ANY PART THEREOF IS OPEN TO THE
 USE OF THE PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL;
   (IV) "IMMEDIATE FAMILY" SHALL MEAN THE DECEDENT'S SPOUSE  OR  DOMESTIC
 PARTNER,  BIRTH  PARENTS, ADOPTIVE PARENTS, STEPPARENTS, BIRTH CHILDREN,
 ADOPTIVE CHILDREN, STEPCHILDREN, SIBLINGS, AND  STEPSIBLINGS;
   (V) "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" SHALL  MEAN
 THE  MANUAL  AND  SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL
 DEVICES MAINTAINED BY THE COMMISSIONER  OF  TRANSPORTATION  PURSUANT  TO
 SECTION SIXTEEN HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW; AND
   (VI)  "REPORTABLE  TO  THE FEDERAL FATALITY ANALYSIS REPORTING SYSTEM"
 SHALL MEAN A CRASH INVOLVING A MOTOR VEHICLE TRAVELING ON  A  TRAFFICWAY
 CUSTOMARILY OPEN TO THE PUBLIC RESULTING IN THE DEATH OF A VEHICLE OCCU-
 PANT OR A NONOCCUPANT WITHIN THIRTY DAYS OF THE CRASH.
   (C)  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS NECESSARY
 TO IMPLEMENT AND CARRY OUT THE PROVISIONS OF THIS SUBDIVISION.
   § 3. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.

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Assembly Bill A3938A

Sponsored By

Current Bill Status - Passed Senate & Assembly

Jun 11, 2025 - Floor Vote

Floor Vote: Jun 11, 2025

Bill Amendments

co-Sponsors

2025-A3938 - Details

2025-A3938 - Summary

2025-A3938 - Bill Text download pdf

co-Sponsors

2025-A3938A - Details

2025-A3938A - Summary

2025-A3938A - Bill Text download pdf

co-Sponsors

2025-A3938B (ACTIVE) - Details

2025-A3938B (ACTIVE) - Summary

2025-A3938B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A3938A

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Sponsored By

SMULLEN

Current Bill Status - Passed Senate & Assembly

Bill Amendments

co-Sponsors

Anil Beephan Jr.

John K. Mikulin

Philip Palmesano

Joe DeStefano

2025-A3938 - Details

2025-A3938 - Summary

2025-A3938 - Bill Text download pdf

co-Sponsors

Anil Beephan Jr.

John K. Mikulin

Philip Palmesano

Joe DeStefano

2025-A3938A - Details

2025-A3938A - Summary

2025-A3938A - Bill Text download pdf

co-Sponsors

Anil Beephan Jr.

John K. Mikulin

Philip Palmesano

Joe DeStefano