CHAPTER 384

FORMERLY

HOUSE BILL NO. 1064

AN ACT TO AMEND SUBCHAPTER III, OF CHAPTER I, TITLE 17, DELAWARE CODE, RELATING TO THE AUTHORIZATION OF THE DEPARTMENT OF TRANSPORTATION TO ALLOW VENDING MACHINES AND OTHER ITEMS FOR TILE DRIVER'S REST AND RELAXATION IN SAFETY ROADSIDE REST AREAS ON AN EXPERIMENTAL BASIS; AND TO FURTHER PROVIDE FOR A SPECIAL FUND WITHIN THE STATE TREASURY TO WHICH SUCH PROFITS SHALL BE EARMARKED.

WHEREAS, the Delaware Department of Transportation has been in contact with the Federal Highway Administration concerning safety roadside rest areas;

and

WHEREAS, similar interest has been expressed by visitors to our rest areas and from other states; and

WHEREAS, the FHWA has concurred with the general approach being proposed by the Department for the purpose of testing the feasibility of vending products from safety roadside rest areas; and

WHEREAS, the purpose of this Act is to make certain items available at existing roadside rest areas which will enable drivers to be more rested and refreshed when leaving the rest area and thus drive more safely upon returning to the highway; and

WHEREAS, the Department is considering a test program in the Smyrna safety roadside rest location to determine the feasibility of placing vending machines in any future safety roadside rest areas, including a thorough analysts of the test program by gathering questionnaires from the traveling public to determine its success, acceptability, and need.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend 5132(e) of Subchapter III, Chapter 1, Title 17, Delaware Code, by adding thereto a new paragraph to be designated as paragraph (14) to read as follows:

"(14) Place vending machines and/or other items that will enable drivers to be more rested and refreshed in safety roadside rest areas, unless prohibited by Federal laws, rules, or regulations. Any profits derived from such items shall be credited to the Department of Transportation Safety Roadside Rest Area Fund.

0) There is hereby created within the State Treasury a special fund to be designated as the Department of Transportation Safety Roadside Rest Area Fund which shall be used in the operation and maintenance of the roadside rest areas under the jurisdiction of the Department.

Any profits realized by the Department from items available at existing roadside rest areas that are for the purpose of enabling drivers to be more rested and refreshed shall be deposited in the State Treasury to the credit of said Department of Transportation Safety Roadside Rest Area Fund. Such profits shall he used by the Department for the operation and maintenance of the safety roadside rest area facilities within its jurisdiction."

Section 2. The Department of Transportation is to proceed immediately with this program and report to the General Assembly on its progress on an annual basis.