Changes to Existing Law

The Legislature, recognizing the public investment in highways and in6 justification of these expenditures, particularly the cost of maintenance which is borne wholly7 by state funds, finds and declares that it is the policy of this state that the erection and8 maintenance of outdoor advertising in areas adjacent to the right-of-way of the interstate and9 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 chapter11 shall be subject to removal. This section does not apply to private-sector commercialization permitted in accordance with section 1 of this Act.

Nothing in §§ 31-29-61 to 31-29-83, inclusive, authorizes the state or any political15 subdivision to operate or maintain, directly or indirectly, any commercial activity in any safety16 rest area or information center. This section does not apply to any commercial advertising or17 media display pursuant to § 31-29-59, to a vending facility, vending soft drinks only, operated18 for the benefit of visually impaired vendors licensed by the Division of Service to the Blind and19 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, to22 establish a form upon which a newspaper vendor may apply for the placement of a vending23 machine; to establish provisions and standards for the location, operation, and maintenance of24 - 3 -HB 1266 vending machines so as not to interfere with the use of the rest area or information center by the1 traveling public; and to maintain the orderly appearance of the vending facility.2

No automotive service station or other commercial establishment for serving motor14 vehicle users may be constructed or located within the right-of-way of, or on publicly owned15 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -HB 1266 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 violation3 of this section is a Class 2 misdemeanor.