New York State Assembly

 
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A03938 Summary:

A03938 Actions:

A03938 Committee Votes:

Committee:TRANSPORTATION   Chair:Magnarelli      
DATE:05/28/2025AYE/NAY:23/0  Action: Favorable refer to committee Ways and Means        
Magnarelli
Aye
Miller
Aye
Lupardo
Aye
McDonough
Excused
Simon
Aye
DeStefano
Aye
Williams
Excused
Durso
Aye
McMahon
Aye
Giglio
Aye
Gallagher
Aye
Slater
Aye
Mitaynes
Aye
Bendett
Aye
De Los Santos
Aye
Chludzinski
Aye
Cunningham
Aye
Alvarez
Aye
Shrestha
Aye
Shimsky
Aye
Eachus
Aye
Burroughs
Absent
Wright
Aye
Valdez
Aye
Romero
Aye
Hooks
Aye

Committee:WAYS AND MEANS   Chair:Pretlow      
DATE:06/04/2025AYE/NAY:33/0  Action: Favorable refer to committee Rules        
Pretlow
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Colton
Aye
Hawley
Aye
Cook
Aye
Blankenbush
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Excused
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Giglio
Aye
Dinowitz
Aye
Magnarelli
Absent
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye
Otis
Aye
Solages
Aye
Hunter
Aye
Epstein
Aye
Septimo
Aye

Committee:RULES   Chair:Glick      
DATE:06/11/2025AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Pretlow
Aye
Hawley
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Excused
Reilly
Aye
Paulin
Aye
Smith
Aye
Peoples-Stokes
Aye
Jensen
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Braunstein
Aye
Davila
Excused
Hyndman
Aye
Rozic
Aye
Bronson
Aye
Hevesi
Aye
Hunter
Aye
Taylor
Aye
Cruz
Aye
Vanel
Aye

A03938 Floor Votes:

A03938 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A3938B
 
SPONSOR: Smullen

 
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.

A03938 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3938--B
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "Alexander John Smullen Traffic Safety Memorial Law".
     3    §  2.  Section 14 of the transportation law is amended by adding a new
     4  subdivision 29-a to read as follows:
     5    29-a. (a) To establish and implement a state memorial sign program  to
     6  memorialize  persons who died due to injuries sustained in a fatal motor
     7  vehicle crash on state highways, including controlled access state high-
     8  ways, maintained by the state which is reportable to the federal fatali-
     9  ty analysis reporting system (FARS). Such program shall provide for  the
    10  provision and installation of signs on such state highways maintained by
    11  the  state in memory of such persons, upon application within five years
    12  of such fatal crash by an immediate family member  of  such  person  and
    13  payment  of  a  fee,  established  by the commissioner, for the costs of
    14  design, production, placement,  and  maintenance  of  such  signs.  Such
    15  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
 
     1    (i)  in the event any member of such person's immediate family submits
     2  an objection to the placement of such memorial sign to the commissioner,
     3  the sign shall not be placed, and shall be removed if the objection  was
     4  received after such sign was placed;
     5    (ii)  no  memorial  sign shall be approved for a person who died while
     6  operating a motor vehicle in violation of section eleven  hundred  nine-
     7  ty-two  of the vehicle and traffic law and as a result of such intoxica-
     8  tion or impairment, such person operated the motor vehicle in  a  manner
     9  that caused the serious physical injury or death of another person;
    10    (iii)  no  more  than  one  memorial  sign  may  be placed at the same
    11  location, provided that in the event  of  multiple  applications  for  a
    12  single location, the commissioner may provide for a sign type capable of
    13  accommodating  multiple  applications, provided that such sign otherwise
    14  meets the requirements of this subdivision;
    15    (iv) such memorial signs shall be of a design which differs from signs
    16  erected to dedicate or memorialize a highway or bridge pursuant to arti-
    17  cle twelve of the highway law;
    18    (v) the placement of memorial signs on such state highways  maintained
    19  by  the  state  shall  be  at  locations determined by the commissioner,
    20  taking into consideration the crash location, roadway geometry, existing
    21  signage and traffic control devices,  available  right  of  way,  safety
    22  concerns,  and  any  other factor the commissioner deems it necessary to
    23  consider. Such placement shall also be in accordance with this  subdivi-
    24  sion,  with  rules,  regulations,  and  guidelines  promulgated  by  the
    25  commissioner, and with the requirements of the Manual on Uniform Traffic
    26  Control Devices (MUTCD) and any other applicable state or  federal  law,
    27  rule, or regulation relating to highway signage. Provided, however, that
    28  no such sign shall be placed in front of a residence or business;
    29    (vi)  memorial  signs placed pursuant to this section shall be removed
    30  two years from the date of their initial placement. The commissioner may
    31  remove damaged signs, which shall be replaced for the remainder  of  the
    32  two-year  period  upon  application  by  an  immediate family member and
    33  payment  of  a  replacement  fee  as  determined  by  the  commissioner.
    34  Provided,  however,  the  department shall replace, for the remainder of
    35  the two-year period, any such sign damaged  due  to  negligence  of  the
    36  department  and  no application or replacement fee shall be required for
    37  such replacement;
    38    (vii) for the safety of the public, on-site dedication  or  ceremonies
    39  and the placement of decorations or other items at the site of a memori-
    40  al sign shall be prohibited; and
    41    (viii)  information  on  the  state  memorial sign program established
    42  pursuant to this subdivision shall be posted on the  department's  publ-
    43  ic-facing  website, together with highway and traffic safety information
    44  to further inform and educate the  public  on  methods,  practices,  and
    45  actions to improve the safety of motor vehicle occupants, motorcyclists,
    46  bicyclists, pedestrians, and all roadway users.
    47    (b)  For  the  purposes of this subdivision, the following terms shall
    48  have the following meanings:
    49    (i)  "controlled-access  state  highway"  shall  mean  every  highway,
    50  street,  or  roadway  under  the jurisdiction of the state in respect to
    51  which owners or occupants of abutting lands and other  persons  have  no
    52  legal right of access to or from the same except at such points only and
    53  in such manner as may be determined by the state;
    54    (ii)  "fatality  analysis  reporting  system" or "FARS" shall mean the
    55  nationwide database established by the national highway  traffic  safety
    56  administration  of  the  United  States department of transportation, as
        A. 3938--B                          3
 
     1  authorized pursuant to part 30182 of title 49 of the United States  code
     2  and  part 403 of title 23 of the United States code, which collects data
     3  on fatal motor vehicle traffic crashes;
     4    (iii) "highway" shall mean the entire width between the boundary lines
     5  of  every  way  publicly maintained when any part thereof is open to the
     6  use of the public for purposes of vehicular travel;
     7    (iv) "immediate family" shall mean the decedent's spouse  or  domestic
     8  partner,  birth  parents, adoptive parents, stepparents, birth children,
     9  adoptive children, stepchildren, siblings, and  stepsiblings;
    10    (v) "manual on uniform traffic control devices" or "MUTCD" shall  mean
    11  the  manual  and  specifications for a uniform system of traffic control
    12  devices maintained by the commissioner  of  transportation  pursuant  to
    13  section sixteen hundred eighty of the vehicle and traffic law; and
    14    (vi)  "reportable  to  the federal fatality analysis reporting system"
    15  shall mean a crash involving a motor vehicle traveling on  a  trafficway
    16  customarily open to the public resulting in the death of a vehicle occu-
    17  pant or a nonoccupant within thirty days of the crash.
    18    (c)  The commissioner shall promulgate rules and regulations necessary
    19  to implement and carry out the provisions of this subdivision.
    20    § 3. This act shall take effect one year after it shall have become  a
    21  law. Effective immediately, the addition, amendment and/or repeal of any
    22  rule  or  regulation necessary for the implementation of this act on its
    23  effective date are authorized to be made and completed on or before such
    24  effective date.

A03938 LFIN:

 
NO LFIN

A03938 Chamber Video/Transcript: