BILL NUMBER: S9501
SPONSOR: COONEY
 
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.
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 IMPLICATION:
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.