H. B. 4063
(By Delegates Flanigan and Prunty)
[Introduced January 18, 2000; referred to the
Committee on Roads and Transportation then Finance.]
A BILL 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 allowing roadside memorial markers; allowing the
placement of roadside memorial markers within state highway
rights-of-way to memorialize people who have died as a
result of a vehicle related accident; and specifying minimum
criteria for the placement of roadside memorial markers.
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
as follows:
ARTICLE 20. ROADSIDE MEMORIAL MARKERS.
§17-20-1. Roadside memorial markers authorized.
In order to increase public awareness of highway safety, the
commissioner of highways shall allow the placement of memorial
markers within state highway rights-of-way to memorialize people
who have died as a result of vehicle related accidents. Memorial
markers authorized to be placed on the rights-of-way are
permitted notwithstanding the provisions of section one, article
nineteen of this chapter.
§17-20-2. Roadside memorial marker criteria.
The commissioner shall provide at a minimum that:
(1) Memorial markers are placed as close to where the fatal
accident occurred, considering available space, property owner
complaints or other constraints;
(2) Decorations, flowers or other memorial ornaments may be
placed on the right-of-way by family members; and
(3) Roadside memorial markers may be removed at any time if
it becomes necessary due to construction, maintenance or other
purposes.
NOTE: The purpose of this bill is to authorize the
Commissioner of Highways to allow roadside memorial markers. The
bill allows memorial markers to be placed within state highway
rights-of-way to memorialize people who have died as a result of
vehicle related accidents.
This article is new; therefore, strike-throughs and
underscoring have been omitted.