H.B. 152

This document includes House Committee Amendments incorporated into the bill on Tue, Mar 4, 2014 at 11:59 AM by lerror. --> 1

HIGHWAY SPONSORSHIP PROGRAM ACT
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: John Knotwell
5 Senate Sponsor: J. Stuart Adams
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Transportation Code by authorizing the Department of
10 Transportation to establish a sponsorship program.
11 Highlighted Provisions:
12 This bill:
13 . provides definitions;
14 . authorizes the Department of Transportation to establish a sponsorship program to
15 allow for private sponsorship of certain department operational activities or other
16 highway-related services or programs;
17 . requires revenues generated from a sponsorship to be deposited into the
18 Transportation Fund to be used for certain transportation purposes;
19 . requires the Department of Transportation to adopt a policy on sponsorship
20 agreements that is applicable to certain department operational activities or other
21 highway-related services or programs;
22 . grants the Department of Transportation rulemaking authority to make and enforce
23 rules regarding size, placement, and content restrictions for sponsorship
24 advertisements; and
25 . establishes restrictions for certain sponsorship advertisements.
26 Money Appropriated in this Bill:
27 None

28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 ENACTS:
32 72-6-401 , Utah Code Annotated 1953
33 72-6-402 , Utah Code Annotated 1953
34 72-6-403 , Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 72-6-401 is enacted to read:
38 Part 4. Highway Sponsorship Program Act
39 72-6-401. Title.
40 This part is known as the "Highway Sponsorship Program Act."
41 Section 2. Section 72-6-402 is enacted to read:
42 72-6-402. Definitions.
43 As used in this section:
44 (1) "Acknowledgment sign" means a sign that:
45 (a) is intended to inform the traveling public that a highway-related service, product, or
46 monetary contribution has been sponsored by a person, firm, or entity; and
47 (b) meets all design and placement guidelines for acknowledgment signs as set forth in
48 the most recent edition of the Manual on Uniform Traffic Control Devices for Streets and
49 Highways adopted by the department in accordance with Section 41-6a-301.
50 (2) "Sponsorship agreement" means an agreement or contract between the department
51 or its contractors and a person, firm, or entity that includes a provision authorizing an
52 acknowledgment of the person, firm, or entity that is providing:
53 (a) the highway-related service or product; or
54 (b) a monetary contribution to pay for a portion of the highway-related service or
55 product.
56 Section 3. Section 72-6-403 is enacted to read:
57 72-6-403. Highway sponsorship program -- Sponsorship advertisement
58 restrictions -- Rulemaking.

59 (1) The department may establish a sponsorship program to allow for private
60 sponsorship of the following department operational activities or other highway-related
61 services or programs:
62 (a) traveler information; H. and .H
63 (b) rest areas H. [ ; and
64 (c) incident management services ] .H .
65 (2) All revenue generated from a sponsorship authorized by this section shall be
66 deposited into the Transportation Fund created by Section 72-2-102 to be used to:
67 (a) offset costs associated with providing the service being sponsored; and
68 (b) support costs associated with operation and maintenance of the state highway
69 system.
70 (3) (a) The department shall adopt a policy on sponsorship agreements that is
71 applicable to all department operational activities or other highway-related services within the
72 state described in Subsection (1).
73 (b) The policy described in Subsection (3)(a) shall:
74 (i) include language requiring the department to terminate a sponsorship agreement if it
75 determines the sponsorship agreement or acknowledgment sign:
76 (A) presents a safety concern;
77 (B) interferes with the free and safe flow of traffic; or
78 (C) is not in the public interest; and
79 (ii) describe the sponsors and sponsorship agreements that are acceptable and
80 consistent with applicable state and federal laws.
81 (4) A sponsorship authorized by this section:
82 (a) may not contain:
83 (i) promotion of any substance or activity that is illegal for minors, such as alcohol,
84 tobacco, drugs, or gambling;
85 (ii) promotion of any political party, candidate, or issue; or
86 (iii) sexual material;
87 (b) may not resemble a traffic-control device as defined in Section 41-6a-102 ; and
88 (c) shall comply with federal outdoor advertising regulations in accordance with 23
89 U.S.C. Sec. 131.

90 (5) H. [ (a) ] .H In accordance with Title 63G, Chapter 3, Utah Administrative
90a Rulemaking Act,
91 the department shall make and enforce rules governing:
92 H. [ (i) ] (a) .H the placement and size restrictions for acknowledgment signs at
92a rest areas; H. and
93 [ (ii) the placement and size restrictions for sponsorships placed on department incident
94 management vehicles; and
95 (iii) ] (b) .H other size, placement, and content restrictions that the department
95a determines are
96 necessary.
97 H. [ (b) The rules made under Subsection (5)(a) shall limit the size of an advertisement to
98 no more than 35% of the total area of an incident management vehicle.
99 (6) (a) A sponsorship advertisement shall be painted or affixed by decal on an incident
100 management vehicle in a manner that complies with rules adopted under Subsection (5).
101 (b) ] (6) .H A commercial advertiser that enters a sponsorship agreement with the
101a department
102 for the use of space for a sponsorship shall pay:
103 H. [ (i) ] (a) .H the cost of placing the sponsorship advertisement on a
103a sign H. [ or an incident
104 management vehicle ] .H ; and
105 H. [ (ii) ] (b) .H for the removal of the sponsorship advertisement after the term
105a of the sponsorship
106 agreement has expired.




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as of 2-13-14 2:15 PM

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