NY State Senate Bill 2023-S7603

Senate Bill S7603

2023-2024 Legislative Session

Authorizes and directs the commissioner of transportation to conduct a study on the feasibility of removing all existing 3-cable guide rails on New York roadways

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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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Jul 17, 2023	referred to rules

co-Sponsors

2023-S7603 (ACTIVE) - Details

See Assembly Version of this Bill:: A10090
Current Committee:: Senate Transportation
Law Section:: Transportation

2023-S7603 (ACTIVE) - Summary

Authorizes and directs the commissioner of transportation to conduct a study on the feasibility of removing all existing 3-cable guide rails on New York roadways and replacing such guide rails with safer alternatives; requires a report to be submitted to the governor, the temporary president of the senate, the speaker of the assembly, the minority leader of the senate, and the minority leader of the assembly containing the findings and recommendations for legislative or other actions.

2023-S7603 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7603

SPONSOR: HELMING
 
TITLE OF BILL:

An act in relation to authorizing and directing the commissioner of
transportation to conduct a study on the feasibility of removing all
existing 3-cable guide rails on New York roadways; and providing for the
repeal of such provisions upon expiration thereof

 
PURPOSE:

Authorizes the Department of Transportation to study the feasibility of
removing all existing 3-cable guide rails on New York Roadways for the
purpose of modernizing safety technology and ensuring roadway users are
not at undue risk of bodily injury.

 
SUMMARY OF PROVISIONS:

Section 1: Authorizes the commissioner of transportation to conduct a
study on the feasibility of removing all existing 3-cable guide rails on
New York roadways and replacing such guide rails with safer modern

alternatives.

Section 2: Provides that the commissioner may consult with any federal,
state, or local entity relevant and material to the completion of such
study.

Section 3: Directs that within one year of the effective date, the
commissioner shall prepare and submit a report to the governor and
legislature, including recommendations for legislative or other actions
that can be undertaken as a result of such study.

Section 4: effective date.

 
JUSTIFICATION:

On August 4th, 2021, Steve LaCrosse, a constituent of the 54th Senate
District, was involved in a fatal motorcycle crash on State Route 30 in
the Town of Long Lake in the Adirondacks. On a beautifully sunny day, he
was northbound at 4:00 pm when his KTM 1290 Adventure Motorcycle rounded
a curve and moved to the right, crossing the fog line for an undeter-
mined reason (oncoming passing traffic, wildlife, or some distraction).
The bike then struck the right-side cable guide rail, causing a bike
attachment to become entangled in the top cable.

As a result, he could not steer back onto the highway, and the motorcy-
cle traveled approximately 100 feet along the cable guide rail as the
top cable continued to hold the bike in tight by his attachment,
partially severing Steve's right leg. Unable to free himself from the
cable guide rail, Steve eventually struck an upright green state reflec-
tor post positioned directly in line with the cable guide rail, tearing
his helmet off and killing him instantly.

Steve's tragic death is attributable, in part, to a mechanism that is
supposed to provide additional safety to motorists. The three-cable
guide rail that entangled a component of Steve's motorcycle prevented
him from making necessary corrections that may have saved his life.
Three-cable rails were designed in the 1950s to catch motor vehicles and
prevent them from careening off roadways. However, it is clear that this
design fails to ensure the safety of motorcyclists. In fact, many riders
have nicknamed three rail guide cables "meat grinders" due to their
impact on those who come into contact with one in an accident. Had a
modern guide rail been in place for Steve, an experienced rider, he may
very well have survived the crash.

This legislation requires the Department of Transportation to conduct a
comprehensive study in pursuit of a plan to install adequate modern
alternatives to address the safety concerns presented by the use of
three-cable guide rails on New York roadways. In Steve's memory, and to
help prevent similar motorcycle crashes, this legislation provides a
pathway for removing unsafe guide rail systems. All motorists deserve
the peace of mind that the safety elements in place on New York roads
are there solely for user protection, without the risk of design flaws
leading to bodily harm.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7603 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7603
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               July 17, 2023
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT in relation to authorizing  and  directing  the  commissioner  of
   transportation  to  conduct a study on the feasibility of removing all
   existing 3-cable guide rails on New York roadways; and  providing  for
   the repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 1. The commissioner of  transportation  is  authorized  and
 directed  to conduct a study on the feasibility of removing all existing
 3-cable guide rails on New York roadways and replacing such guide  rails
 with  safer  modern  alternatives.  Such study shall include, but not be
 limited to:
   a. The approximate location and mileage within the state where 3-cable
 guide rails are still in use;
   b. The estimated cost to remove  and  replace  the  remaining  3-cable
 guide rails and whether such costs would be primarily borne by the state
 or the localities where such rails are in use;
   c.  The  estimated duration the removal would take if conducted in the
 most cost-effective manner for both the state and  affected  localities;
 and
   d. The estimated impact on vehicle and motorist safety by removing and
 replacing 3-cable guide rails with modern alternatives.
   §  2. In conducting such study, the commissioner of transportation may
 consult with any federal, state, or local office, agency, or  department
 and  request information from any such entity that is relevant and mate-
 rial to the completion of such study and subsequent report.
   § 3. Within one year after the effective date of this act, the commis-
 sioner of transportation shall prepare and submit to the  governor,  the
 temporary  president  of  the  senate,  the speaker of the assembly, the
 minority leader of the senate, and the minority leader of the assembly a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11823-01-3

 S. 7603                             2
 
 report containing the study's findings  concerning  the  feasibility  of
 removing  and  replacing  all  existing  3-cable guide rails on New York
 roadways and recommendations for legislative or other actions  that  can
 be undertaken to implement provisions as deemed feasible by such report.
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed one year after it shall have become a law.

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Senate Bill S7603

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Sponsored By

Pamela Helming