LRB-3002/1
ARG:wlj:rs
2003 - 2004 LEGISLATURE
September 11, 2003 - Introduced by Representatives Bies, Ainsworth, Gronemus,
Gunderson, Kestell, Kreibich, F. Lasee, Seratti and Suder, cosponsored by
Senator A. Lasee. Referred to Committee on Transportation.
AB513,1,3
1An Act to create 86.045 of the statutes;
relating to: roadside memorials for
2traffic accident victims along highways under the jurisdiction of the
3Department of Transportation.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Transportation (DOT) is responsible for
maintenance of highway rights-of-way on highways under its jurisdiction (state
trunk highways), including operations and activities necessary to protect the safety
of users of the highways. Also under current law, DOT may remove or require
removal of encroaching structures and objects and unauthorized signs within a
highway right-of-way.
This bill prohibits DOT from removing or altering, within one year after a fatal
traffic accident, a memorial to an accident victim that is placed within a state trunk
highway right-of-way near the location of the accident at the farthest edge of the
right-of-way and that is a white cross or post of no greater than specified
dimensions.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB513, s. 1
1Section
1. 86.045 of the statutes is created to read:
AB513,2,8
286.045 Memorials to traffic accident victims along state trunk
3highways. (1) Notwithstanding ss. 80.01 (3), 84.07, 86.03, 86.04, 86.19, and 86.191,
4the department may not, within one year after a fatal traffic accident, remove or
5alter, within the right-of-way of a highway under the jurisdiction of the department,
6any memorial in compliance with sub. (2) that is placed near the location of the
7accident at the edge of the highway right-of-way farthest from the roadway, as
8defined in s. 340.01 (54), in the direction of travel where the accident occurred.
AB513,2,13
9(2) Any person may place, as specified in sub. (1), a white cross no more than
1020 inches high, 10 inches wide, and 4 inches in beam width or a white post no more
11than 20 inches high and 5 inches wide for each victim of a fatal traffic accident within
12one year after the accident. Any person who places a cross or post under this section
13shall indicate on the cross or post the date of the accident.
