Bill Text: NJ A875 | 2016-2017 | Regular Session | Introduced
Bill Title: Establishes DOT roadside memorial program for fallen police officers, sheriff's officers, emergency medical technicians, firefighters, hazardous material first responders, conservation officers, and game wardens; designated as "Patrolman Joseph Wargo's Law."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A875 Detail]
Download: New_Jersey-2016-A875-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
Establishes DOT roadside memorial program for fallen police officers, sheriff's officers, emergency medical technicians, firefighters, hazardous material first responders, conservation officers, and game wardens; designated as "Patrolman Joseph Wargo's Law."
CURRENT VERSION OF TEXT
As introduced.
An Act directing the Department of Transportation to establish a roadside memorial program honoring fallen police officers, sheriff's officers, emergency medical technicians, firefighters, hazardous material first responders, conservation officers, and game wardens, designated as "Patrolman Joseph Wargo's Law," 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 New Jersey Department of Transportation shall establish, consistent with federal law, a fallen police officer, sheriff's officer, emergency medical technician, firefighter, hazardous material first responder, conservation officer, and game warden 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, sheriff's officer, emergency medical technician, firefighter, hazardous material first responder, conservation officer, or game warden to apply to the department to sponsor a sign memorializing the police officer, sheriff's officer, emergency medical technician, firefighter, hazardous material first responder, conservation officer, or game warden.
b. The applicant shall complete a fallen police officer, sheriff's officer, emergency medical technician, firefighter, hazardous material first responder, conservation officer, and game warden 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, sheriff's officer, emergency medical technician, firefighter, hazardous material first responder, conservation officer, or game warden 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) The requested location of the proposed memorial sign; and
(7) Any other information the Commissioner of Transportation may deem reasonably necessary to include with the application.
c. The department shall, within 180 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 proposed memorial site and send a written decision to the applicant as to whether a sign may be installed at the location of the proposed memorial site 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, sheriff's officer, emergency medical technician, firefighter, hazardous material first responder, conservation officer, and game warden memorial sign program established pursuant to this section.
2. a. Within 90 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, sheriff's officer, emergency medical technician, firefighter, hazardous material first responder, conservation officer, or game warden, the department shall install a sign, designed and fabricated by the department, which sign shall be consistent with applicable federal regulations, and installed in the department-maintained, State-owned right-of-way, at cost to the applicant, at the location agreed upon by the department and the applicant 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, in any other location where installation would, in the department's determination, be hazardous or a distraction to motorists, or in a location that conflicts with applicable federal or State laws.
c. The department shall retain the authority to remove any signs where removal is necessary to ensure traffic safety and the safety of department personnel, notwithstanding that 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. No State or other public funds shall be used for producing, purchasing, or erecting memorial signs pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill). 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 for the administrative and other costs associated with inspecting the proposed memorial site and producing, purchasing, and erecting memorial signs pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) and entering into agreements related thereto, with 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 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, sheriff's officer, emergency medical technician, firefighter, hazardous material first responder, conservation officer, and game warden memorial sign program which is to include a for process allowing a municipal or law enforcement official or the next of kin of a police officer, sheriff's officer, emergency medical technician, firefighter, hazardous material first responder, conservation officer, or game warden who died in the line of duty to apply to the DOT to sponsor a sign memorializing the deceased.
An applicant is required to complete an application furnished by the DOT that includes: (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, sheriff's officer, emergency medical technician, firefighter, hazardous material first responder, conservation officer, or game warden 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) the requested location of the proposed memorial sign; and (7) any other information the Commissioner of Transportation may deem reasonably necessary to include with the application.
Within 180 days of receipt of a correctly completed application, the DOT is to inspect location of the proposed memorial site and send a written decision to the applicant as to whether a sign may be installed. The DOT may charge an application fee to cover the administrative costs. 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 and inspection of the memorial site.
Within 90 days of reaching an agreement with a responsible party to fund the costs, the DOT is to install a sign, designed and fabricated by the DOT, which is to be installed in the DOT maintained, State-owned right-of-way, at cost to the applicant, at the location agreed upon by the DOT and the applicant and facing the oncoming traffic, without obstructing the visibility of an existing traffic sign.
Signs will not be placed on on-ramps or off-ramps, in close proximity to highway exits, in any other location where installation would be hazardous or distracting to motorists, or in a location that conflicts with applicable State or federal laws. The DOT may remove any signs to ensure traffic safety and the safety of the DOT personnel, notwithstanding that the signs were installed with the DOT approval. The DOT is required to comply with all applicable federal laws, regulations, and restrictions in its administration of the program.
