§ 72-6-403. Highway sponsorship program -- Sponsorship advertisement restrictions -- Rulemaking. (Effective 5/13/2014)

(1) The department may establish a sponsorship program to allow for private sponsorship of the following department operational activities or other highway-related services or programs:

(a) traveler information; and

(b) rest areas.

(2) All revenue generated from a sponsorship authorized by this section shall be deposited into the Transportation Fund created by Section 72-2-102 to be used to:

(a) offset costs associated with providing the service being sponsored; and

(b) support costs associated with operation and maintenance of the state highway system.

(3)

(a) The department shall adopt a policy on sponsorship agreements that is applicable to all department operational activities or other highway-related services within the state described in Subsection (1).

(b) The policy described in Subsection (3)(a) shall:

(i) include language requiring the department to terminate a sponsorship agreement if it determines the sponsorship agreement or acknowledgment sign:

(A) presents a safety concern;

(B) interferes with the free and safe flow of traffic; or

(C) is not in the public interest; and

(ii) describe the sponsors and sponsorship agreements that are acceptable and consistent with applicable state and federal laws.

(4) A sponsorship authorized by this section:

(a) may not contain:

(i) promotion of any substance or activity that is illegal for minors, such as alcohol, tobacco, drugs, or gambling;

(ii) promotion of any political party, candidate, or issue; or

(iii) sexual material;

(b) may not resemble a traffic-control device as defined in Section 41-6a-102; and

(c) shall comply with federal outdoor advertising regulations in accordance with 23 U.S.C. Sec. 131.

(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make and enforce rules governing:

(a) the placement and size restrictions for acknowledgment signs at rest areas; and

(b) other size, placement, and content restrictions that the department determines are necessary.

(6) A commercial advertiser that enters a sponsorship agreement with the department for the use of space for a sponsorship shall pay:

(a) the cost of placing the sponsorship advertisement on a sign; and

(b) for the removal of the sponsorship advertisement after the term of the sponsorship agreement has expired.

Enacted by Chapter 132, 2014 General Session