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 within state 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 as follows:
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 accidents.
§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

and 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