00                            HOUSE BILL NO. 127                                                                          
01 "An Act allowing certain roadside memorials to be placed within the right-of-way of a                                   
02 state highway."                                                                                                         
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 19.25 is amended by adding new sections to read:                                                  
05                      Article 4.  Roadside Memorials.                                                                  
06            Sec. 19.25.260.  Roadside memorials permitted.  (a)  Notwithstanding                                       
07       AS 19.25.090, 19.25.105, and 19.25.200, a person may place in the right-of-way but                                
08       outside of the traveled way of a state highway a temporary memorial for a decedent                                
09       who died in a traffic accident at or reasonably near the site where the memorial is                               
10       located.                                                                                                          
11            (b)  A memorial must not interfere with the use of the highway, with other uses                              
12       of the right-of-way, with the visibility of directional and other official signs and                              
13       notices, or with highway safety, construction, or maintenance.                                                    
14            (c)  The person who places a memorial in the right-of-way of a state highway                                 

01       shall post the person's contact information on the memorial.                                                      
02            (d)  A person may not place a political or commercial message on a memorial.                                 
03            (e)  A person may not place reflective material or another item on a memorial                                
04       if that material or item would be distracting to drivers and other users of the right-of-                         
05       way.                                                                                                              
06            Sec. 19.25.270.  Relocation or removal of memorial.  (a)  If, incidental to the                            
07       construction or maintenance of a state highway, the department determines that a                                  
08       memorial authorized by AS 19.25.260 must be changed, relocated, or removed, the                                   
09       person who placed the memorial within the right-of-way shall change, relocate, or                                 
10       remove the memorial at no expense to the state within a reasonable time set by the                                
11       department.  If the owner does not change, relocate, or remove a memorial within the                              
12       time set by the department, the memorial is an unauthorized encroachment and subject                              
13       to the provisions of AS 19.25.230 - 19.25.250.                                                                    
14            (b)  If a memorial in the right-of-way of a state highway does not comply with                               
15       the requirements of AS 19.25.260, the memorial is an unauthorized encroachment.                                   
16       The department may require removal of the encroachment in the manner provided in                                  
17       AS 19.25.230 - 19.25.250.