House File 154 - Introduced HOUSE FILE 154 BY BRANDENBURG A BILL FOR An Act concerning a policy for the vending of publications at 1 rest areas and establishing a fee. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1613YH (4) 84 dea/nh

H.F. 154 Section 1. NEW SECTION . 314.30 Publication vending at rest 1 areas. 2 1. The department shall establish and implement a policy for 3 the placement of publication vending equipment at a rest area, 4 as defined in section 306C.10, that may include reasonable 5 requirements regarding the following: 6 a. The size, shape, and appearance of publication racks 7 supplied by a vendor. 8 b. Standards for regular maintenance of publication racks 9 supplied by a vendor. 10 c. Requirements for installation of publication racks, 11 including acceptable methods for anchoring of equipment. 12 d. Location of publication racks within a rest area. In 13 allotting an area for the location of publication racks, the 14 department shall give primary consideration to the safety of 15 pedestrians and vehicles; the unobstructed flow of pedestrian 16 traffic; the aesthetic qualities inherent in the design of 17 the rest area; and the public’s access to and enjoyment of 18 amenities within the rest area including but not limited to 19 restroom facilities, drinking fountains, food and beverage 20 vending machines, information centers as defined in section 21 306C.10, and picnic and recreation facilities. 22 2. The department shall establish an annual fee for the 23 placement of a publication rack at a rest area. The fee shall 24 be designed to cover the cost of administering this section, 25 not to exceed five hundred dollars per publication rack at a 26 single rest area. 27 3. A person desiring to place a publication rack at a rest 28 area shall make application to the department in a manner 29 approved by the department. Upon approval of the application 30 and payment of the proper fee, the department shall issue a 31 permit valid for one year. 32 4. In lieu of or in addition to prescribing requirements for 33 the installation of multiple publication racks within a rest 34 area, the department may require publications to be sold or 35 -1- LSB 1613YH (4) 84 dea/nh 1/ 2

H.F. 154 distributed from a combination rack or modular unit provided by 1 the department for the vending of multiple publications. The 2 vending of publications under this subsection shall be subject 3 to the fee and permit requirements under subsections 2 and 3. 4 5. The department may adopt rules as necessary to administer 5 this section. The rules may include but shall not be limited 6 to procedures for the issuance of multiple permits to a vendor 7 or for a single permit covering multiple locations, procedures 8 for permit renewals, and remedies for addressing violations of 9 the conditions of a permit. 10 6. For purposes of this section, “vending” includes both 11 sales and free distribution. 12 EXPLANATION 13 This bill establishes a uniform process for the sale or free 14 distribution of newspapers and other publications at rest areas 15 on interstates and primary highways by requiring publication 16 vendors to acquire a state permit and pay an annual fee. 17 The bill requires the department of transportation 18 to establish and implement a policy for the placement of 19 publication vending equipment at rest areas. The policy is 20 to include reasonable requirements for the size, shape, and 21 appearance of publication racks; standards for maintenance and 22 upkeep; installation and anchoring requirements; and location 23 requirements. A person who desires to place a publication rack 24 in a rest area must first apply to the department for an annual 25 permit and pay a fee established by the department to cover its 26 administrative costs, not to exceed $500 per rack at a rest 27 area. 28 The bill provides an option for the department to install 29 combination racks or modular units for the vending of multiple 30 publications and require their use in place of individual 31 publication racks, subject to the same permit and fee 32 requirements applicable to individual rack placement. 33 The bill authorizes the department to adopt rules to 34 administer the provisions of the bill. 35 -2- LSB 1613YH (4) 84 dea/nh 2/ 2