S T A T E O F N E W Y O R K
________________________________________________________________________
6613--A
2021-2022 Regular Sessions
I N A S S E M B L Y
March 22, 2021
___________
Introduced by M. of A. GRIFFIN, BARRON, THIELE -- Multi-Sponsored by --
M. of A. SIMON -- read once and referred to the Committee on Transpor-
tation -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07114-03-1
A. 6613--A 2
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-
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.