BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 882|
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THIRD READING
Bill No: AB 882
Author: Fuller (R)
Amended: 8/27/09 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 9-0, 7/7/09
AYES: Lowenthal, Huff, Ashburn, DeSaulnier, Harman,
Hollingsworth, Pavley, Simitian, Wolk
NO VOTE RECORDED: Kehoe, Oropeza
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 5/26/09 - See last page for vote
SUBJECT : Accident victim memorial signs
SOURCE : Author
DIGEST : This bill allows the Department of
Transportation (Caltrans) to erect up to 24 signs per year,
with no more than two signs in each of the departments
districts, in memory of non-driving-under-the-influence
accident victims to read "Please Drive Safely - In Memory
of (victim's name)."
Senate Floor Amendments of 8/27/09 increase the statewide
cap on signs per year from 20 to 24 but provide that there
shall be no more than two signs per year in any of Caltrans
12 districts, and provide that requests for signs shall be
submitted to and processed by the applicable Caltrans
CONTINUED
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district office.
ANALYSIS : Current law establishes the "Please Don't
Drink and Drive" Victims Memorial Sign Program, which
allows Caltrans, when requested or agreed to and paid for
by an immediate family member of a
driving-under-the-influence (DUI) accident victim, to place
signs along state highways in close proximity to the
accident site commemorating the victim and reminding
motorists not to drink and drive. The signs read, "Please
Don't Drink and Drive - In Memory of (victim's name)."
The program applies to accidents in which the at-fault
driver was convicted of second-degree murder, gross
vehicular manslaughter, or vehicular manslaughter while
driving under the influence or in which the at-fault driver
was driving under the influence but died in the accident or
was not prosecuted due to mental incompetence. Any victim
involved in an accident after January 1, 1991 may be
memorialized, except for the intoxicated driver him- or
herself. An immediate family member or any other person
who obtains the consent of an immediate family member may
request a sign. If there is any opposition to the sign by
an immediate family member, however, no sign shall be
placed. Caltrans is required to charge the requesting
party a fee to cover the cost of the sign and the program.
The fee is currently $1000. The signs remain in place for
seven years or until the sign is no longer serviceable,
whichever comes first. Caltrans is also required to adopt
guidelines for the program and to place signs in accordance
with its general sign placement guidelines and with
applicable federal limitations. During the first four
years of the program (2002-2006), Caltrans erected 29 DUI
victim memorial signs. There are roughly 60 of these signs
in place now statewide.
This bill allows Caltrans to erect up to 24 signs per year,
with no more than two signs in each district, in memory of
non-DUI accident victims to read "Please Drive Safely - In
Memory of (victim's name)." A sign may memorialize any
victim involved in an accident after January 1, 1991,
provided that the accident did not involve drugs or
alcohol. An immediate family member or any other person
who obtains the consent of an immediate family member may
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request a sign. If there is any opposition to the sign by
an immediate family member, however, no sign shall be
placed. Caltrans is required to charge the requesting
party a fee to cover the cost of the sign and the program.
Request for signs are required to be submitted, and be
processed by the applicable Caltrans district office. The
signs remain in place for seven years or until the sign is
no longer serviceable, whichever comes first. Caltrans is
also required to adopt guidelines for the program and to
place signs in accordance with its general sign placement
guidelines and with applicable federal limitations.
Background
Similar in concept to existing programs . This bill builds
on and uses the framework of the existing DUI victim
memorial sign program established in 2002. In report to
the Legislature on the DUI victim memorial sign program
submitted in 2006, Caltrans wrote that the number of
alcohol-related fatalities in the 16 counties in which
signs had been erected decreased from 789 in the three-year
period prior to the program to 710 during for the
three-year period after the program began, but that it
could not be ascertained if the drop was related to the
memorial sign program. Caltrans also noted that it had not
observed a reduction in makeshift memorials. Despites
such findings, Caltrans endorsed the permanent extension of
the DUI victim memorial sign program, citing benefits to
victims' families, local communities, and the state for
very little cost and effort. It should also be noted that
this new, non-DUI victim memorial program would be similar
to the current practice of naming highway segments for
deceased individuals of note.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/31/09)
ABATE of California
AAA Northern California
Automobile Club of Southern California
ARGUMENTS IN SUPPORT : According to the author's office,
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fatal accident sites on state highways often become
unofficial memorials to their victims. Grieving family
members often create memorials that include flowers,
balloons, and stuffed animals. Caltrans, however, quickly
removes these displays because it is unlawful to place such
items along a highway. The author's office believes that
memorial signs can both help families of victims through
the grieving process and provide a legal manner in which to
memorialize a lost loved one. In addition, the signs help
bring home the point to all drivers that unsafe driving can
be deadly.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jones, Knight, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Jeffries, Krekorian
JJA:do 8/31/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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