HB 1590-FN – AS AMENDED BY THE HOUSE
12Mar2008… 0697h
2008 SESSION
03/01
HOUSE BILL 1590-FN
AN ACT establishing a DWI victim fatality sign program.
COMMITTEE: Public Works and Highways
This bill establishes a DWI victim fatality sign program.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12Mar2008… 0697h
08-2054
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT establishing a DWI victim fatality sign program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; DWI Victim Fatality Sign Program. Amend RSA 236 by inserting after section 48 the following new subdivision:
DWI Victim Fatality Sign Program
236:48-a DWI Victim Fatality Sign Program.
I. A next of kin may apply to the department of transportation to sponsor a sign memorializing an individual who was fatally injured in a traffic accident, occurring after July 1, 2006, in which there is substantial evidence gathered by law enforcement that another driver caused the accident while driving in violation of RSA 265-A:2 or RSA 265-A:3. The applicant shall complete a DWI victim fatality sign application furnished by the department. The applicant shall include with the application:
(a) The date of the accident.
(b) The location of the accident.
(c) The name of the driver driving while intoxicated or under the influence of drugs.
(d) An affidavit by the applicant that the individual to be memorialized was fatally injured in the traffic accident and that there is substantial evidence gathered by law enforcement that the other driver was at fault and that drugs or alcohol were involved.
(e) The name of the individual who was fatally injured as it should appear on the name plaque.
II. Within 60 days, or as soon as practical, after the department of transportation receives a correctly completed application submitted under paragraph I and the department has inspected the proposed site for the sign, the department shall send a written decision to the applicant as to whether the proposed sign installation is in compliance with this section.
III.(a) A sign that the department approves under this section shall be placed in the state-maintained highway right-of-way, at cost to an applicant, near the location of the accident and facing the oncoming traffic, without obstructing the visibility of an existing traffic sign.
(b) Signs shall not be placed within an interstate right-of-way, or on-ramps and off-ramps of such highways.
(c) The department shall furnish, install, and retain ownership of the DWI fatality sign.
IV. If a sign is applied for under paragraph I and approved by the department, the department shall install a DWI fatality sign that reads “PLEASE DON’T DRINK AND DRIVE” and a separate name plaque that reads “IN MEMORY OF (the victim’s name).”
V. No more than 3 name plaques of victims may appear below the DWI fatality sign on a single sign installation.
VI. Unless it determines that public safety requires removal, the department shall keep a sign installation in its designated location for 2 years after the date of its installation. After the 2-year period ends, the department shall remove the sign. No petition for time extension or re-erection of such sign shall be accepted.
2 Rulemaking. Amend RSA 21-L:12 by inserting after paragraph XLVII the following new paragraph:
XLVIII. Application procedures for DWI fatality signs authorized by RSA 236:48-a.
3 Effective Date. This act shall take effect upon its passage.
LBAO
08-2054
Amended 03/20/08
HB 1590 FISCAL NOTE
AN ACT establishing a DWI victim fatality sign program.
FISCAL IMPACT:
The Department of Transportation states this bill, as amended by the House (Amendment #2008-0697h), will increase state highway fund expenditures and revenue by $18,050 in FY 2009 and each year thereafter. The Department also states this bill may have an indeterminable fiscal impact on local expenditures and revenue in FY 2008 and each year thereafter. There will be no fiscal impact on county expenditures or revenue.
METHODOLOGY:
The Department of Transportation states this bill will establish a DWI fatality memorial sign program. The Department estimates of the 150 annual highway deaths, approximately 35 percent are alcohol related. The Department assumes about 25 signs will be requested. The Department estimates it will cost approximately $722 per sign for sign approval, installation, maintenance, and removal for a total of $18,050 (25 signs * $722) each year. Applicants for the memorial sign are responsible for the costs associated with the signs. The Department will also have approximately $1,072 in costs in FY 2008 to prepare for the memorial sign program, but states these costs can be absorbed within the Department’s existing budget. Finally, the Department states there may be an indeterminable fiscal impact on local expenditures and revenue depending on whether the program would include victims killed on local roads.