BILL ANALYSIS
AB 882
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GOVERNOR'S VETO
AB 882 (Fuller)
As Amended August 27, 2009
2/3 vote
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|ASSEMBLY: |78-0 |(May 26, 2009) |SENATE: |36-0 |(September 3, |
| | | | | |2009) |
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|ASSEMBLY: |78-0 |(September 9, | | | |
| | |2009) | | | |
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Original Committee Reference: TRANS.
SUMMARY : Requires the Department of Transportation
(Caltrans), upon request of an immediate family member or
another individual, to erect signs at specified locations
in memory of a relative lost in a vehicular accident.
The Senate amendments :
1)Increase the number of signs allowed by an additional 4
signs to a total of 24 signs, but limits the number of
signs to no more than 2 signs for each of Caltrans'
twelve district offices.
2)Provide that requests for signs are to be submitted to
and are to be processed by the applicable Caltrans
district office.
EXISTING LAW :
1)Vests Caltrans with the responsibility for maintaining
and operating the state highway system, including the
installation and maintenance of highway safety,
directional and informational signs.
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2)Require Caltrans to design, construct, place and maintain
signs along highways stating "Please Don't Drink and
Drive" and the victim's name upon the sign.
3)Limits the signs' eligibility to victims of specified
criminal drunk and drug-related driving offenses
involving a conviction of the person at fault or when the
person causing the accident violated the drunk/drugged
driving provisions but died in the accident or was not
prosecuted due to mental incompetence.
4)Authorizes an "Adopt-A-Highway" program for the
maintenance and beautification of highway rights-of-way,
including periodic litter removal along a roadway section
by a sponsoring organization or individual in exchange
for the placement of a roadside sign identifying the
sponsoring group or individual.
AS PASSED BY THE ASSEMBLY , this bill:
1)Required Caltrans to design, construct, place, and
maintain along state highways, signs that read: "Please
Drive Safely" followed by "In Memory of (victim's name)."
2)Defined "victims" to mean a person who was killed in a
vehicular accident unrelated to drugs or alcohol. Signs
may memorialize more than one victim.
3)Required these signs to be placed along state highways in
accordance with Caltrans polices and any applicable
federal limitation or conditions on highway signage.
4)Allowed the placement of a sign to be located at or near
the sites of the fatal accidents, if it is safe and
practical to do so.
5)Required payment of the party requesting the sign to
cover sign costs and administrative fees.
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6)Authorized an immediate family member, or someone with
the approval of an immediate family member, to request a
memorial sign for such a victim. If there is opposition
to the sign from another immediate family member, no sign
would be placed.
7)Required the sign to remain posted for seven years or
until it is determined that the sign is no longer
serviceable, whichever date is first.
8)Required that a limit of 20 signs be placed each calendar
year under provisions of this bill.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor annual cost to Caltrans, fully offset by
those requesting the installation of memorial signs.
COMMENTS : According to the author, "Fatal accidents sites
on state highway often become unofficial memorials to their
victims. Although grieving family members often create
memorials that include flowers, balloons, and stuffed
animals, they are quickly removed by Caltrans since it is
unlawful to place such items along a highway." The author
adds memorial signs can often help families of victims
through the grieving process.
The author intends to build on the success of the existing
victim memorial sign program that has been in place since
2002. The current memorial sign program allows for any
victims of accidents involving drunk driving or driving
under the influence of drugs (except for the intoxicated
driver themselves) to be memorialized. The program applies
to accidents in which the at-fault driver was convicted of
second-degree murder, gross vehicular manslaughter, or
vehicular manslaughter while intoxicated.
The establishment of the victim memorial sign program
required Caltrans to provide the Legislature with an
evaluation of the program by January 1, 2006. That report
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indicated that Caltrans had installed 29 signs on state
highways in 16 counties.
The Caltrans report also pointed out that the number of
alcohol-involved fatalities decreased from 789 to 710
during for the three-year periods after and before
enactment, although 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 despite the program being created in part to
reduce such unauthorized roadside memorials.
Despites such findings, Caltrans endorsed and extended the
program indefinitely, citing benefits to victims' families,
local communities, and the state for very little cost and
effort.
Existing law requires Caltrans to charge the requesting
party a fee to cover the cost of the sign and the program.
Caltrans estimates the cost of each sign to be $1,000.
This represents an average cost of $630 for administration
and labor, $236 for the signs, and $134 for equipment,
posts, and hardware. The signs remain in place for seven
years or until the sign is no longer serviceable, whichever
comes first.
Related legislation: AB 1781 (Mountjoy), Chapter 81,
Statutes of 2006, deleted the sunset on a program to
allow DUI victim signs to be placed along state
highways.
AB 965 (Mountjoy), Chapter 864, Statutes of 2001, created
the "Please Don't Drink and Drive" victim memorial sign
program.
GOVERNOR'S VETO MESSAGE :
I am sympathetic to the desires of those who have lost
loved ones in vehicle collisions. However, I am
concerned that posting multiple signs on highways
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could lead to increased driver inattention and
distraction. Furthermore, the increase in the number
of memorial signs could draw attraction from friends
and family members who may want to place flowers or
other items at the location of the sign on the state
highway. Stopping along the side of the highway to
get out of a vehicle and pay tribute to a loved one
would place surviving friends and family members in
immediate danger of being hit by another vehicle
traveling at highway speeds.
Analysis Prepared by : Alejandro Esparza / TRANS. / (916)
319-2093
FN: 0003249