NY State Senate Bill 2023-S3384

Senate Bill S3384

2023-2024 Legislative Session

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

download bill text pdf

Current 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Jan 31, 2023	referred to transportation

2023-S3384 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Add §67, Hway L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6896
2021-2022: S3893

2023-S3384 (ACTIVE) - Summary

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

2023-S3384 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3384

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 proc-
ess and any associated costs are also to be determined by the Depart-
ment.  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:

2021-22: Referred to Transportation

2019-2020: Referred to Transportation

 
FISCAL IMPLICATIONS:

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

 
EFFECTIVE DATE:
April 1 next succeeding the date on which it shall have become law.

2023-S3384 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3384
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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.  WITHIN  AVAILABLE  RESOURCES,  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  CRASH ON THE STATE HIGHWAY SYSTEM AND TO INCREASE PUBLIC AWARE-
 NESS REGARDING HIGHWAY SAFETY. IN ESTABLISHING SUCH PROGRAM, THE DEPART-
 MENT 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07145-01-3

 S. 3384                             2
 
 THAT  FRIENDS  MAKING SUCH REQUESTS SHALL BE REQUIRED TO SUBMIT AUTHORI-
 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.  FOR PURPOSES OF THIS SECTION, UPON WRITTEN APPROVAL BY THE DEPART-
 MENT AND THE NEW YORK STATE THRUWAY AUTHORITY,  "STATE  HIGHWAY  SYSTEM"
 MAY ADDITIONALLY INCLUDE STATE THRUWAYS AS DEFINED IN THIS CHAPTER.
   5.  THE DEPARTMENT IS AUTHORIZED TO COORDINATE WITH THE NEW YORK STATE
 THRUWAY AUTHORITY OR ANY SUCCESSOR ENTITY AS NECESSARY FOR THE IMPLEMEN-
 TATION OF THIS SECTION.
   § 2. This act shall take effect on the first of April next  succeeding
 the  date  on  which it shall have become a law.  Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.