A410

An Act directing the Department of Transportation to establish a roadside memorial program honoring fallen police officers, EMS workers, and firefighters, 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 fallen police officer, EMS worker, and firefighter memorial sign program that shall honor those who lost their lives in the line of duty. The program shall include a process allowing a municipal or law enforcement official or the next of kin of a police officer, EMS worker, or firefighter to apply to the department to sponsor a sign memorializing such police officer, EMS worker, or firefighter whose death occurred after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The applicant shall complete a fallen police officer, EMS worker, and firefighter memorial sign program application furnished by the department. The applicant shall include with the application the following information:

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

(2) The date of the fatality;

(3) The location of the fatality;

(4) An affidavit by the applicant that the individual to be memorialized was a fallen police officer, EMS worker, or firefighter who died in the line of duty;

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

(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 properly 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 fallen police officer, EMS worker, and firefighter memorial sign program established pursuant to this section.

2. a. Within 60 days of reaching an agreement, pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), for payment of the costs to have installed a memorial sign honoring a fallen police officer, EMS worker, or firefighter the department shall install a sign, provided by the applicant and approved by the department, which sign 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 where such installation would, in the department’s determination, be hazardous or a distraction to motorists.

c. The department shall retain the authority to remove any signs where such removal is necessary to ensure traffic safety and safety of department personnel, notwithstanding that such 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. No State or other public funds shall be used for producing, purchasing, or erecting memorial signs pursuant to this act. The Commissioner of Transportation is authorized to receive gifts, grants, or other financial assistance from private sources for the purpose of funding or reimbursing the Department of Transportation for the costs associated with producing, purchasing, and erecting memorial signs pursuant to section 1 of this act and entering into agreements related thereto, with such private sources, including but not limited to non-governmental non-profit, educational or charitable entities or institutions. No work shall proceed and no funding shall be accepted by the Department of Transportation until an agreement has been reached with a responsible party for paying the costs associated with producing, purchasing, erecting and maintaining the memorial signs.

4. 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).

5. This act shall take effect immediately.

STATEMENT

This bill directs the New Jersey Department of Transportation (“DOT”) to establish a fallen police officer, EMS worker, and firefighter memorial sign program which shall include a process allowing a municipal or law enforcement official or the next of kin of a police officer, EMS worker, or firefighter who died in the line of duty, after the bill’s effective date, to apply to the DOT to sponsor a sign memorializing the deceased.

An applicant would be required to complete an application furnished by the DOT that would include: (1) the name and title of the individual who was fatally injured as it should appear on the memorial; (2) the date of the fatality; (3) the location of the fatality; (4) an affidavit by the applicant that the individual to be memorialized was a police officer, EMS worker, or firefighter who died in the line of duty; (5) any police reports or other legal documentation related to the fatality available to the applicant at the time of the application; 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 would make an inspection of the scene of the fatality and send a written decision to the applicant as to whether a sign may be installed. All costs associated with the application will be paid by the applicant. No State or public funds will be used to produce, purchase, or erect memorial signs. The DOT may receive gifts, grants, or other financial assistance in funding or reimbursing the DOT for the costs associated with the memorial signs.

Within 60 days of reaching an agreement with a responsible party to fund the costs, the DOT would install a sign, provided by the applicant and approved by the DOT, which would be 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. Signs would 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, notwithstanding that such 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.