H. B. 4063
(By Delegates Flanigan and Prunty
[Passed March 9, 2000; in effect ninety days from passage.
AN ACT to amend chapter seventeen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article twenty, relating
to authorizing legislative rules providing for the placement
of roadside memorial markers or other tributes
highway rights-of-way to memorialize people who have died as
a result of vehicle related accidents; provisions of rules;
and removal of markers or tributes.
Be it enacted by the Legislature of West Virginia:
That chapter seventeen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article twenty, to read
ARTICLE 20. ROADSIDE MEMORIAL MARKERS.
§17-20-1. Roadside memorial markers authorized.
Notwithstanding any provision of section one, article
nineteen of this chapter
to the contrary, the commissioner of
highways is authorized to propose legislative rules for promulgation in accordance with the provisions of chapter twenty-
nine-a of this code providing for the placement of memorial
markers or other tributes within state highway rights-of-way to
memorialize people who have died as a result of vehicle related
§17-20-2. Roadside memorial marker criteria.
(a) Legislative rules proposed pursuant to section one of
this article shall provide for the placement of markers in a
manner that increases public awareness of highway safety
promotes the safe use of the highways and their rights-of-way.
The rules shall prescribe circumstances under which:
(1) Memorial markers may be placed near to where a fatal
accident occurred, considering available space, property owner
complaints or other constraints; and
(2) Decorations, flowers or other memorial ornaments or
tributes may be placed on the right-of-way by family members.
(b) Notwithstanding any provision of the rules to the
contrary, the commissioner may direct or cause the removal of any
memorial marker or tribute from a state highway right-of-way
upon the determination by the commissioner that
the removal is necessary for construction, maintenance, safety or
other purpose. The state of West Virginia, its agencies and
subdivisions, and their officers and employees shall not be
liable for any claims arising as a result of the removal of a
marker or tribute.