A3319

An Act directing the Department of Transportation to establish a roadside accident memorial program, and supplementing Title 27 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. The Department of Transportation shall establish, consistent with federal law, a fatal vehicular accident victim memorial sign program, which shall include a process allowing the next of kin of an individual who was fatally injured in a traffic accident, occurring after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), to apply to the department to sponsor a sign memorializing the individual.

b. The applicant shall complete a fatal vehicular accident victim memorial sign program application furnished by the department. The applicant shall include with the application the following information:

(1) The name of the individual who was fatally injured as it should appear on the memorial;

(2) The date of the accident;

(3) The location of the accident;

(4) An affidavit by the applicant that the individual to be memorialized was fatally injured in the traffic accident;

(5) Any police reports or other legal documentation related to the traffic accident available to the applicant at the time of application; and

(6) Any other information the Commissioner of Transportation may deem reasonably necessary to include with the application.

c. The department shall, within 60 days of receipt of a correctly completed application submitted pursuant to the provisions of subsection b. of this section, make an inspection of the location of the accident and send a written decision to the applicant as to whether a sign may be installed at the location of the accident in compliance with P.L. , c. (C. ) (pending before the Legislature as this bill).

d. The department may charge an application fee to cover necessary costs associated with the department’s administration of the fatal vehicular accident victim memorial sign program established pursuant to this section.

2. a. Within 60 days after approval of an application to have installed a fatal vehicular accident victim memorial sign pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the department shall install a sign, provided by the applicant and approved by the department, which shall be consistent with applicable federal regulations and installed in the department maintained right-of-way, at cost to the applicant, near the location of the accident and facing the oncoming traffic, without obstructing the visibility of an existing traffic sign.

b. Signs installed pursuant to subsection a. of this section shall not be placed on on-ramps or off-ramps, in close proximity to highway exits, or in any other location the department determines to be hazardous or a distraction to motorists.

c. The department shall retain the authority to remove any signs where removal is necessary to ensure traffic safety and safety of department personnel, whether or not the signs were installed with department approval.

d. The department shall administer the program in compliance with all applicable federal laws or regulations, including, but not limited to, any restrictions related to the State’s receipt of transportation funding under any federally administered program.

3. The Commissioner of Transportation shall, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as may be necessary to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).

4. This act shall take effect upon the first day of the fourth month following enactment. The Commissioner of Transportation may take anticipatory administrative action in advance of the date of enactment as shall be necessary for the implementation of this act.

STATEMENT

This bill directs the New Jersey Department of Transportation (“DOT”) to establish a fatal vehicular accident victim memorial sign program which shall include a process allowing the next of kin of an individual who was fatally injured in a traffic accident, occurring after the bill’s effective date, to apply to the DOT to sponsor a sign memorializing the deceased individual.

An applicant is required to complete an application furnished by the DOT which would include: (1) the date of the accident; (2) the location of the accident; (3) an affidavit by the applicant that the individual to be memorialized was fatally injured in the traffic accident; (4) any police reports or other legal documentation related to the traffic accident available to the applicant at the time of application; (5) the name of the individual who was fatally injured as it should appear on the memorial; and (6) any other information the Commissioner of Transportation may deem reasonably necessary to include with the application. Within 60 days of receipt of a correctly completed application, the DOT is to make an inspection of the accident location and send a written decision to the applicant as to whether a sign may be installed. Administrative costs associated with the application process may be funded by application fees.

Within 60 days after approval of an application, the DOT is to install a sign in the DOT maintained right-of-way, provided by the applicant and approved by the DOT, at cost to the applicant, near the location of the accident and facing the oncoming traffic, without obstructing the visibility of an existing traffic sign. Signs may not be placed on on-ramps or off-ramps, or in close proximity to highway exits, and the DOT may remove any signs to ensure traffic safety and safety of department personnel, whether or not the signs were installed with department approval.

The DOT is required to comply with all applicable federal laws, regulations, and restrictions in its administration of the program.