227.295. Drunk driving risk reduction awareness program established--placement of signage--rulemaking authority--sponsorship of signage, contents. - Missouri Statutes

Drunk driving risk reduction awareness program established--placementof signage--rulemaking authority--sponsorship of signage,contents.

227.295. 1. The department of transportation shall establish andadminister a "Drunk Driving Risk Reduction Awareness Program". Theprovisions of this section shall be known as "David's Law". The signsshall be placed upon the state highways in accordance with this section,placement guidelines adopted by the department, and any applicable federallimitations or conditions on highway signage, including location andspacing.

2. The department shall adopt, by rules and regulations, programguidelines for the application for and placement of signs authorized bythis section, including, but not limited to, the sign application andqualification process, the procedure for the dedication of signs, andprocedures for the replacement or restoration of any signs that are damagedor stolen. The department shall also establish by rule, applicationprocedures and methods for proving eligibility for the program.

3. Any person may apply to the department of transportation tosponsor a drunk driving victim memorial sign in memory of an immediatefamily member who died as a result of a motor vehicle accident caused by aperson who was shown to have been operating a motor vehicle in violation ofsection 577.010 or 577.012, RSMo, or was committing an intoxication-relatedtraffic offense at the time of the accident. Upon the request of animmediate family member of the deceased victim involved in a drunk drivingaccident, the department shall place a sign in accordance with thissection. A person who is not a member of the immediate family may alsosubmit a request to have a sign placed under this section if that personalso submits the written consent of an immediate family member. Thedepartment shall charge the sponsoring party a fee to cover thedepartment's cost in designing, constructing, placing, and maintaining thatsign, and the department's costs in administering this section. Signserected under this section shall remain in place for a period of ten years.After the expiration of the ten-year period, the department shall removethe sign unless the sponsoring party remits to the department oftransportation a ten-year renewable fee to cover maintenance costsassociated with the sign.

4. The signs shall feature the words "Drunk Driving Victim]", theinitials of the victim, the month and year in which the victim of the drunkdriving accident was killed, and the phrase "Think About It]". The overalldesign of the sign, including size, color, and lettering, shall conform tothe guidelines and regulations established by the department. The signsshall be placed near the scene of the accident.

5. No person, other than a department of transportation employee orthe department's designee, may erect a drunk driving victim memorial sign.

6. As used in this section, the term "immediate family member" shallmean spouse, child, stepchild, brother, stepbrother, sister, stepsister,mother, stepmother, father, or stepfather.

7. The department shall adopt rules and regulations to implement andadminister the provisions of this section. Any rule or portion of a rule,as that term is defined in section 536.010, RSMo, that is created under theauthority delegated in this section shall become effective only if itcomplies with and is subject to all of the provisions of chapter 536, RSMo,and, if applicable, section 536.028, RSMo. This section and chapter 536,RSMo, are nonseverable and if any of the powers vested with the generalassembly pursuant to chapter 536, RSMo, to review, to delay the effectivedate, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2009, shall be invalid and void.

(L. 2009 H.B. 91 merged with H.B. 683)