NY State Senate Bill 2019-S6896

Senate Bill S6896

2019-2020 Legislative Session

Authorizes and directs the department of transportation to establish a memorial marker program

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Dec 11, 2019	referred to rules

2019-S6896 (ACTIVE) - Details

See Assembly Version of this Bill:: A8729
Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Add §67, Hway L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3893, A6613
2023-2024: S3384

2019-S6896 (ACTIVE) - Summary

Authorizes and directs the department of transportation to establish a memorial marker program.

2019-S6896 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6896

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the highway law, in relation to authorizing and direct-
ing the department of transportation to establish a memorial marker
program

 
PURPOSE:

To establish a formal program in New York to allow for the placement of
memorials at the location of fatal highway accidents on state highways
and roads.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 67 to highway law.

Section 2 establishes the effective date.

 
JUSTIFICATION:

This legislation directs and authorizes the New York State Department of
Transportation to establish a formal memorial marker program in memory
of individuals killed in traffic fatalities on New York's roads and
highways.

Along the thousands of miles on New York's interstates and roads, unof-
ficial markers in memory of loved ones can be found in various locations
where traffic accidents resulted in the death of one or several people.
As they exist today, memorial markers provide some comfort to family and
friends left to grieve the loss of a loved one taken abruptly, and often
under tragic conditions that serve to amplify the trauma and grieving
process.

Makeshift memorial markers are a beautiful tribute to those who were
taken too soon. However, unforeseen issues arise with their informal and
random placement along particularly dangerous stretches of highways and
roads, where grieving families may be put at risk while accessing the
site and erecting/maintaining the memorial.  Additionally, there is no
consistency or standards set for the placement of these items.

Memorial markers can serve as a tangible reminder to motorists of the
avoidable, permanent consequences of choices that can result in tragedy.
Thus, the bill has a dual deterrence purpose. In addition to comforting
those grieving, it will serve to perhaps give pause to anyone behind the
wheel who is distracted, speeding, reckless, enraged or impaired by
alcohol or other substances.

This bill is modeled after a Florida program created to offer grieving
families a formal process that allows for the safe and consistent place-
ment of markers by experienced highway maintenance professionals.

The design and construction of the memorial will be at the discretion of
the Department of Transportation, as well as decisions on safe location
for placement proximate to the scene of the accident. The application
process and any associated costs are also to be determined by the
Department. Duration of placement and provisions for the temporary
removal of the marker for construction or other highway work is provided
in the bill.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined by the New York State Department of Transportation, but
has the potential to generate revenues.

 
EFFECTIVE DATE:
120 days after becoming law, with rule and regulation changes required
to implement it authorized on or before then.

2019-S6896 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6896
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             December 11, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the highway law, in relation to authorizing and  direct-
   ing  the  department  of transportation to establish a memorial marker
   program

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  highway law is amended by adding a new section 67 to
 read as follows:
   § 67. MEMORIAL MARKER PROGRAM. 1. THE  DEPARTMENT  IS  AUTHORIZED  AND
 DIRECTED TO ESTABLISH A MEMORIAL MARKER PROGRAM TO COMMEMORATE THOSE WHO
 HAVE DIED AS A RESULT OF A VEHICLE RELATED ACCIDENT ON THE STATE HIGHWAY
 SYSTEM  AND  TO  INCREASE  PUBLIC AWARENESS REGARDING HIGHWAY SAFETY. IN
 ESTABLISHING SUCH PROGRAM, THE DEPARTMENT SHALL:
   (A) MAKE MEMORIAL  MARKERS  AVAILABLE  TO  THE  IMMEDIATE  FAMILY  AND
 FRIENDS  OF  PERSONS  WHO DIED AS A RESULT OF A VEHICLE RELATED ACCIDENT
 ALONG THE STATE HIGHWAY SYSTEM;
   (B) PROVIDE FOR THE DESIGN, CONSTRUCTION, INSTALLATION AND MAINTENANCE
 OF MEMORIAL MARKERS.
   2. MEMORIAL MARKERS SHALL BE PLACED ALONG THE  RIGHT  OF  WAY  OF  THE
 STATE  HIGHWAY  SYSTEM AT A LOCATION PROXIMATE TO THE LOCATION WHERE THE
 FATAL VEHICLE RELATED ACCIDENT OCCURRED,  PROVIDED  THAT  SUCH  MEMORIAL
 MARKERS  MAY  BE PLACED AWAY FROM THE EXACT LOCATION WHERE SUCH FATALITY
 OCCURRED DUE  TO  RESTRICTED  SPACE,  SAFETY  CONCERNS,  PROPERTY  OWNER
 COMPLAINTS  OR  OTHER  CONSTRAINTS.   THE DEPARTMENT SHALL ESTABLISH THE
 LENGTH OF TIME SUCH MEMORIAL MARKERS ARE TO REMAIN AT THE SITE AND SHALL
 RESERVE THE RIGHT TO HAVE MEMORIAL MARKERS REMOVED FOR  CONSTRUCTION  OR
 OTHER MAINTENANCE PURPOSES.
   3.  REQUESTS  FOR MEMORIAL MARKERS SHALL BE MADE BY APPLICATION TO THE
 DEPARTMENT BY THE IMMEDIATE FAMILY OR FRIENDS OF THE DECEASED,  PROVIDED
 THAT  FRIENDS  MAKING SUCH REQUESTS SHALL BE REQUIRED TO SUBMIT AUTHORI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14134-02-9

 S. 6896                             2
 
 ZATION FROM THE DECEASED'S IMMEDIATE FAMILY. REQUESTS FOR MEMORIAL MARK-
 ERS SHALL BE MADE IN A MANNER AND FORM TO BE DETERMINED BY  THE  DEPART-
 MENT.
   4.  THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
 NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.

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