Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
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.Every fact on this page links to its source, starting with the official bill record.