BILL NUMBER: S5568B
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the transportation law, in relation to enacting the
"Alexander John Smullen Traffic Safety Memorial Law"
 
PURPOSE OR GENERAL IDEA OF BILL:
To establish a traffic safety memorial sign program to publicly memori-
alize the victims of fatal vehicle collisions.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Establishes the bill's title.
Section 2: Amends the transportation law section 24 by adding a new
subdivision 29-a to require the State Commissioner 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, including controlled-access state highways,
maintained by the state which is reportable to the federal fatality
analysis reporting system (FARS). Requires this program to provide for
the provision and installation of a memorial sign, upon application
within five years of a 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.
The program will provide that:
(i) Objection to the placement of a memorial sign by any immediate fami-
ly member will stop placement of a memorial sign.
(ii) No memorial sign will be approved for a person who died while oper-
ating a motor vehicle as a result of such intoxication or impairment,
and such person caused the serious physical injury or death of another
person.
(iii) No more than one memorial sign may be placed at the same location,
but the Commissioner is allowed to provide for a sign type capable of
accommodating multiple applications.
(iv) Memorial signs must be of a design which differs from signs erected
to dedicate or memorialize a highway or bridge.
(v) Memorial signs will be placed at locations determined by the Commis-
sioner, taking into consideration the crash location, roadway geometry,
existing signage and traffic control devices, available right of way and
safety concerns. Also, such placement must also be in accordance with
any other applicable state or federal law, rule, or regulation relating
to highway signage. Provided, however, that no such sign will be placed
in front of a residence or business.
(vi) Memorial signs placed pursuant to this section will be removed two
years from the date of their initial placement.
(vii) On-site dedication or ceremonies and the placement of decorations
or other items at the site of a memorial sign will be prohibited to
ensure safety.
(viii) Information on the state memorial sign program will be posted on
the department's website, together with highway and traffic safety
information.
This section also provides definitions for terms used in this act.
In addition, this section authorizes the Commissioner to promulgate
rules and regulations necessary to implement and carry out the
provisions of this act.
Section 3: Sets the effective date of the bill.
 
JUSTIFICATION:
This legislation is named in honor of Alexander John "AJ" Smullen who
devastatingly passed away on March 6, 2024, in Albany, New York at the
age of 14 following a fierce fight in the Pediatric ICU after being hit
by a car on February 22, 2024.
Just a few years prior, on August 21, 2022, Faith A. McFarland, 21, and
Sean C. Bracken, 26, were tragically killed in a head-on collision when
a drunk driver veered over into their lane and struck the car with
incredible force.
Sadly, the fatal accidents that killed all of these young individuals
are far from the exception as the number of vehicle deaths in New York
State continues to soar. According to a June 2024 Report, "Moving in the
Wrong Direction," from New York State Comptroller DiNapoli, motor vehi-
cle fatalities in New York State have risen by 25.8 percent since 2019.
In 2022, there were 1,175 motor vehicle fatalities in New York, which is
the highest number since 2013. Pedestrians were one-quarter of all
crash fatalities in 2022, which is over 8 percentage points higher than
the national average. In addition, about one-in-three fatalities in New
York involved speeding (402 fatalities).
According to data from the Institute for Traffic Safety Management &
Research (ITSMR), in 2023 there were 308 pedestrian fatalities in motor
vehicle crashes, constituting 28 percent of motor vehicle crash fatali-
ties in the State. There were 259 fatalities in alcohol-related crashes,
constituting 23 percent of motor vehicle crash fatalities in the State.
In addition, there were 304 fatalities in drug-related crashes, consti-
tuting 28 percent of motor vehicle crash fatalities in the State.
This legislation is necessary to enact a program to allow family or
friends the opportunity to purchase a sign to memorialize a victim or
victims of fatal vehicle collisions, giving them some much-needed
closure in their grief. These signs would also serve as an aid to raise
awareness and act as a reminder about the serious, and often deadly,
consequences of impaired or reckless driving.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.

Statutes affected:
S5568A: 1640 vehicle and traffic law, 1650 vehicle and traffic law, 1660 vehicle and traffic law
S5568B: 14 transportation law