§274.1. Placing of specific information logo signs on interstate highways; contracts with third parties

A.(1) The department may regulate the content, composition, placement, erection, and maintenance of specific information logo signs and supports within interstate and other fully controlled access highway rights-of-way, or the department may contract with a qualified third party or parties for the placement, erection, and maintenance of specific information logo signs and supports within interstate and other fully controlled access highway rights-of-way. The department may expend any available federal funds for erecting and maintaining specific information logo signs and supports.

(2)(a) If the department contracts with a qualified third party or parties for the placement, erection, and maintenance of specific information logo signs and supports within interstate and other fully controlled access highway rights-of-way, selection of the qualified third party or parties shall be made pursuant to the provisions of R.S. 39:1554(B). The department and the qualified third party or parties shall negotiate the terms and conditions of their contract; however, the qualified third party or parties shall be required to deposit all revenues received pursuant to the contract into a separate account and provide the department with a full accounting of such revenues every three months. The qualified third party or parties shall pay to the department a minimum of one hundred fifty thousand dollars per year or ten percent of the gross revenue of the logo signing program, whichever is greater, for use of rights-of-way. The term of the initial contract shall not exceed five years; however, the department may extend the initial term of the contract for not more than four additional five-year periods.

(b) If the department contracts with a qualified third party or parties according to the provisions of this Paragraph, an advisory committee shall be formed to monitor and make recommendations to the qualified third party or parties regarding the placement, erection, and maintenance of specific information logo signs and supports within interstate and other fully controlled access highway rights-of-way. The advisory committee shall be composed of the chief executive officers, or their designees, of the following: Louisiana Restaurant Association, Louisiana Hotel and Lodging Association, Louisiana Travel Promotion Association, the Louisiana Association of Convention and Visitors Bureaus, and the Louisiana Oil Marketers and Convenience Store Association.

(3) The department shall establish appropriate and reasonable fees; however, the fees shall not exceed the following:

(a) Four hundred seventy-five dollars, per direction, per mainline. However, beginning in Fiscal Year 2005, the fee per mainline sign shall not exceed two hundred seventy-five dollars; beginning in Fiscal Year 2006, the fee per mainline sign shall not exceed three hundred seventy-five dollars; beginning in Fiscal Year 2007, the fee per mainline sign shall not exceed four hundred twenty-five dollars; and beginning in Fiscal Year 2008, the fee per mainline sign shall not exceed four hundred seventy-five dollars.

(b) One hundred dollars per direction per ramp.

(c) Fifty dollars per trailblazer.

(4) The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act as are necessary for the implementation of this Section, including but not limited to rules and regulations relative to contracting with a qualified third party or parties.

(5) The ownership of the logo signs and supports erected and maintained by a qualified third party or parties shall be the property of the state of Louisiana.

B.(1) For purposes of this Section "specific information logo signs" shall mean a rectangular sign panel imprinted with the words "FUEL", "FOOD", "LODGING", "CAMPING", or "ATTRACTION", and the businesses which offer those services on each as provided for in administrative rules promulgated pursuant to this Section.

(2) The department shall incorporate the use of "RV friendly" markers on specific information logo signs for establishments which cater to the needs of persons driving recreational vehicles. Establishments which qualify for participation in the specific information logo program and which also qualify as "RV friendly" may request the "RV friendly" marker on their specific information logo sign. An "RV friendly" marker is a bright yellow circle with a crescent smile under the letters RV. The department shall promulgate rules and regulations, in accordance with the provisions of the Administrative Procedure Act, as are necessary to implement the provisions of this Paragraph including rules and regulations setting forth the minimum requirements that establishments must meet in order to qualify as "RV friendly". These requirements shall include large parking spaces, entrances, and exits which can easily accommodate recreational vehicles, and facilities with appropriate overhang clearances, if applicable.

C. Each business indentified on a specific information logo sign shall give written assurance to the department of its conformity with all applicable laws concerning the provision of public accommodations without regard to race, religion, color, sex, or national origin, and shall not be in breach of that assurance.

D. All fees collected pursuant to the provisions of this Section shall be considered as self-generated revenues and deposited by the secretary of the Department of Transportation and Development into the state treasury for credit to the Department of Transportation and Development. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, the monies so deposited shall be appropriated as self-generated revenues to the Department of Transportation and Development.

E.-H. Repealed by Acts 1995, No. 490, §2.

I. The procedures for obtaining approval for programming, project authorizations, and other actions for federal-aid projects which include these signs shall follow the same procedures as other federal-aid projects in this state, as prescribed in Title 23 of the Code of Federal Regulations Subpart C of Section 655 et seq.

Acts 1984, No. 681, §1; Acts 1992, No. 142, §1, eff. June 5, 1992; Acts 1992, No. 203, §1, eff. June 10, 1992; Acts 1992, No. 984, §15; Acts 1995, No. 96, §1; Acts 1995, No. 490, §§1, 2; Acts 1999, No. 606, §1, eff. June 30, 1999; Acts 2004, No. 125, §1; Acts 2004, No. 837, §1, eff. July 1, 2004; Acts 2005, No. 137, §1, eff. June 22, 2005.