Bill Text: NY S03893 | 2021-2022 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO TRANSPORTATION [S03893 Detail]

Download: New_York-2021-S03893-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3893--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    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:

     1    Section  1.  The  highway law is amended by adding a new section 67 to
     2  read as follows:
     3    § 67. Memorial marker program.  1.  Within  available  resources,  the
     4  department  is  authorized  and  directed to establish a memorial marker
     5  program to commemorate those who have died as  a  result  of  a  vehicle
     6  related  crash on the state highway system and to increase public aware-
     7  ness regarding highway safety. In establishing such program, the depart-
     8  ment shall:
     9    (a) make memorial  markers  available  to  the  immediate  family  and
    10  friends  of  persons  who died as a result of a vehicle related accident
    11  along the state highway system;
    12    (b) provide for the design, construction, installation and maintenance
    13  of memorial markers.
    14    2. Memorial markers shall be placed along the  right  of  way  of  the
    15  state  highway  system at a location proximate to the location where the
    16  fatal vehicle related accident occurred,  provided  that  such  memorial
    17  markers  may  be placed away from the exact location where such fatality
    18  occurred due  to  restricted  space,  safety  concerns,  property  owner
    19  complaints  or  other  constraints.   The department shall establish the
    20  length of time such memorial markers are to remain at the site and shall
    21  reserve the right to have memorial markers removed for  construction  or
    22  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

     1    3.  Requests  for memorial markers shall be made by application to the
     2  department by the immediate family or friends of the deceased,  provided
     3  that  friends  making such requests shall be required to submit authori-
     4  zation from the deceased's immediate family. Requests for memorial mark-
     5  ers  shall  be made in a manner and form to be determined by the depart-
     6  ment.
     7    4. For purposes of this section, upon written approval by the  depart-
     8  ment  and  the  New York State thruway authority, "state highway system"
     9  may additionally include state thruways as defined in this chapter.
    10    5. The department is authorized to coordinate with the New York  State
    11  thruway authority or any successor entity as necessary for the implemen-
    12  tation of this section.
    13    §  2. This act shall take effect on the first of April next succeeding
    14  the date on which it shall have become a law.    Effective  immediately,
    15  the  addition,  amendment and/or repeal of any rule or regulation neces-
    16  sary for the implementation of  this  act  on  its  effective  date  are
    17  authorized to be made and completed on or before such date.