(a) Notwithstanding AS 19.25.090, 19.25.105, and 19.25.200, a person may, for a period of not more than two years, place in the right-of-way but outside of the traveled way of a state highway a temporary memorial for a decedent who died as a result of a traffic accident, or other incident in the right-of-way, at or reasonably near the site where the memorial is located.
(b) A memorial must not interfere with the use of the highway, with other uses of the right-of-way, with the visibility of directional and other official signs and notices, or with highway safety, construction, or maintenance.
(c) The person who places a memorial in the right-of-way of a state highway shall
(1) post the person's contact information on the memorial;
(2) inform the department of the location within seven days of placement of the memorial; and
(3) provide the person's contact information to the department.
(d) A person may not place a political or commercial message on a memorial.
(e) A person may not place reflective material or another item on a memorial if that material or item would be distracting to drivers and other users of the right-of-way.
(f) The state is not liable for damage to, or damage or injury resulting from the presence of, a memorial in the right-of-way of a state highway.
(g) In this section, “memorial” means decorations, flags, flowers, and other lightweight objects or ornamentation commonly used at funerals or at gravesides as a tribute to a decedent.
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