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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HOUSE BILL 2439 |
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AN ACT
amending sections 28-7058 and 28-7059, Arizona Revised Statutes; relating to highway rest areas.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-7058, Arizona Revised Statutes, is amended to read:
28-7058. Privatization of rest areas; state certified rest area program; program termination; definitions
A. The department may:
1. Privatize any rest area constructed on or adjacent to state highways in this state on or after September 26, 2008. Any agreement between the department and a person for privatization under this section shall include a provision that:
(a) Prohibits the person from charging any fees for the use of a lavatory.
(b) Requires the person to provide an adequate outdoor picnic area to be available to the public at no charge.
2. Establish a state certified rest area program that meets the requirements established by the federal highway administration pursuant to Public Law 109‑59, section 1310.
3. Contract with a third party or other government entity to certify and recertify rest areas for the state certified rest area program.
B. The state certified rest area program established pursuant to this section ends on July 1, 2019 2029 pursuant to section 41‑3102.
C. For the purposes of this section:
1. "Population" means the population determined in the most recent United States decennial census or in the most recent special census as provided in section 28‑6532.
2. "State certified rest area" means a privately owned facility that is both of the following:
(a) Certified by this state or a third party to meet the requirements established by the federal highway administration pursuant to Public Law 109‑59, section 1310 and at a minimum offers all of the following:
(i) Fuel and food to the public.
(ii) Twenty‑four hour access to restrooms.
(iii) Parking for automobiles and heavy trucks.
(b) Located outside of the public right‑of‑way and outside of an urbanized area with a population of one hundred thousand or more persons.
3. "Urbanized area" means an urbanized area as defined in the decennial census by the United States bureau of the census.
Sec. 2. Section 28-7059, Arizona Revised Statutes, is amended to read:
28-7059. Rest area sponsorship sign program; revenue sharing agreement; program termination
A. The department may establish a rest area sponsorship sign program. Notwithstanding sections 28‑648, 28‑7048 and 28‑7053, the department may contract with a third party to install, maintain and replace rest area sponsorship signs at rest areas located in the public right‑of‑way of the interstate or state highway system. The third party shall agree in the contract to lease sponsor recognition space and to furnish, install, maintain and replace signs for the benefit of business or organizational sponsors.
B. Costs incurred under the program shall be paid under agreements negotiated between the third party and the business or organizational sponsors.
C. The department may enter into a revenue sharing agreement with the third party. The department shall deposit, pursuant to sections 35‑146 and 35‑147, all monies received from the revenue sharing agreement in a subaccount of the state highway fund for the purpose of rest area maintenance, operations and repairs.
D. The rest area sponsorship sign program established pursuant to this section ends on July 1, 2019 2029 pursuant to section 41‑3102.
Sec. 3. Retroactivity
This act applies retroactively to from and after June 30, 2019.