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.

Enacts Faith and Sean's law

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