2019 House Bill 1266 - Introduced

State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

474B0715   HOUSE BILL   NO.  1266  

Introduced by:    Representatives Peterson (Kent) and Schoenfish and Senators Nelson, DiSanto, Jensen (Phil), and Maher
 

        FOR AN ACT ENTITLED, An Act to provide opportunities for the private sector commercialization of interstate rest areas and welcome centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 31-8 be amended by adding a NEW SECTION to read:
    Notwithstanding any other law, before the Department of Transportation closes any interstate rest area or welcome center, the department shall determine if any opportunity exists for a private-sector commercialization of the facility under the terms of a multi-year lease-arrangement. The department shall advertise the availability of the facility for such a purpose on its website and in other venues appropriate to the commercialization efforts.
    If the department is unable to commercialize the facility after a period of advertising that continues for at least twenty-four months, the department may take appropriate actions to close or otherwise repurpose the facility.
    Section 2. That § 31-8-16 be amended to read:
    31-8-16. No automotive service station or other commercial establishment for serving motor vehicle users may be constructed or located within the right-of-way of, or on publicly owned

or publicly leased land acquired or used for or in connection with, a controlled-access highway. This section does not apply to a vending facility allowed pursuant to § 31-29-83 or to private-sector commercialization permitted in accordance with section 1 of this Act. A violation of this section is a Class 2 misdemeanor.
    Section 3. That § 31-29-61 be amended to read:
    31-29-61. The Legislature, recognizing the public investment in highways and in justification of these expenditures, particularly the cost of maintenance which is borne wholly by state funds, finds and declares that it is the policy of this state that the erection and maintenance of outdoor advertising in areas adjacent to the right-of-way of the interstate and primary systems within this state shall be regulated in accordance with the terms of this chapter. All outdoor advertising determined to be nonconforming to the requirements of this chapter shall be subject to removal. This section does not apply to private-sector commercialization permitted in accordance with section 1 of this Act.
    Section 4. That § 31-29-83 be amended to read:
    31-29-83. Nothing in §§ 31-29-61 to 31-29-83, inclusive, authorizes the state or any political subdivision to operate or maintain, directly or indirectly, any commercial activity in any safety rest area or information center. This section does not apply to any commercial advertising or media display pursuant to § 31-29-59, to a vending facility, vending soft drinks only, operated for the benefit of visually impaired vendors licensed by the Division of Service to the Blind and Visually Impaired or to a vending facility vending newspapers only. This section does not apply to private-sector commercialization permitted in accordance with section 1 of this Act.

    The Transportation Commission may promulgate rules, pursuant to chapter 1-26, to establish a form upon which a newspaper vendor may apply for the placement of a vending machine; to establish provisions and standards for the location, operation, and maintenance of

vending machines so as not to interfere with the use of the rest area or information center by the traveling public; and to maintain the orderly appearance of the vending facility.

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