Senate Bill S3893A

2021-2022 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

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

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Jun 10, 2021	committed to rules
Mar 01, 2021	advanced to third reading
Feb 24, 2021	2nd report cal.
Feb 23, 2021	1st report cal.427
Feb 17, 2021	print number 3893a
Feb 17, 2021	amend and recommit to transportation
Feb 01, 2021	referred to transportation

Votes

- Feb 23, 2021 - Transportation Committee Vote
  S3893A
  
  Aye
  
  13
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Transportation Committee Vote: Feb 23, 2021
      
      aye (13)
      
      Cooney
      
      Gallivan
      
      Griffo
      
      Kaminsky
      
      Kaplan
      
      Kennedy
      
      Liu
      
      Mattera
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Serino
      
      Skoufis

Bill Amendments

Original

A (Active)

2021-S3893 - Details

See Assembly Version of this Bill:: A6613
Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Add §67, Hway L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6896, A8729
2023-2024: S3384, S9501

2021-S3893 - Summary

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

2021-S3893 - Sponsor Memo

                                
 
BILL NUMBER: S3893

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:

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

2021-S3893 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3893
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 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. 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.

                                                            LBD07114-01-1

 S. 3893                             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.

2021-S3893A (ACTIVE) - Details

See Assembly Version of this Bill:: A6613
Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Add §67, Hway L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6896, A8729
2023-2024: S3384, S9501

2021-S3893A (ACTIVE) - Summary

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

2021-S3893A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3893A

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:

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.

2021-S3893A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3893--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted 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.

                                                            LBD07114-02-1

 S. 3893--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.

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.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S3893A

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Votes

Feb 23, 2021 - Transportation Committee Vote

Transportation Committee Vote: Feb 23, 2021

Bill Amendments

2021-S3893 - Details

2021-S3893 - Summary

2021-S3893 - Sponsor Memo

2021-S3893 - Bill Text download pdf

2021-S3893A (ACTIVE) - Details

2021-S3893A (ACTIVE) - Summary

2021-S3893A (ACTIVE) - Sponsor Memo

2021-S3893A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2021-S3893A

Senate Bill S3893A

Share this bill

Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Votes

Bill Amendments

2021-S3893 - Details

2021-S3893 - Summary

2021-S3893 - Sponsor Memo

2021-S3893 - Bill Text download pdf

2021-S3893A (ACTIVE) - Details

2021-S3893A (ACTIVE) - Summary

2021-S3893A (ACTIVE) - Sponsor Memo

2021-S3893A (ACTIVE) - Bill Text download pdf

Comments