HB794: allowing the department of transportation to lease space for the provision of food service at state highway and turnpike rest stops.

HB 794 - AS INTRODUCED

2003 SESSION

03-0753

06/10

HOUSE BILL 794

AN ACT allowing the department of transportation to lease space for the provision of food service at state highway and turnpike rest stops.

SPONSORS: Rep. Whalley, Belk 31; Rep. Craig, Hills 50; Sen. Barnes, Dist 17; Sen. Flanders, Dist 7; Sen. Clegg, Dist 14; Sen. D'Allesandro, Dist 20; Sen. Gatsas, Dist 16

COMMITTEE: Public Works and Highways

ANALYSIS

This bill authorizes the commissioner of the department of transportation to lease space for the provision of food service at state highway and turnpike rest areas and to develop a lease agreement and rules for the activity.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0753

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT allowing the department of transportation to lease space for the provision of food service at state highway and turnpike rest stops.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Motorist Services. Amend RSA 230 by inserting after section 89 the following new subdivision:

Motorist Services

230:90 Food Services.

I. The commissioner of the department of transportation shall, when feasible, authorize the lease of space in rest areas along the state highway system and the turnpike system for the construction of food service facilities.

II. The department of transportation shall develop a lease agreement which shall include the following terms:

(a) The terms of the lease, including length, fee structure, methods used to determine the fee structure and to measure the amount of fees to be paid, and default conditions.

(b) The assets that would be included in the lease and how these assets would be transferred or sold to the lessee, determination of the value of the assets, and requirements to regularly value the assets.

(c) Investment requirements upon the lessee and any obligation on the lessee to maintain and upgrade assets on state land.

(d) The role of the state in the on-going lease, including the state's regulatory authority and power.

(e) The operation responsibilities remaining with the state and how these responsibilities will impact with the lessee's responsibilities.

III. The department shall put out bids for the installation and maintenance of food service facilities on a rest area by rest area basis. Notwithstanding the provisions of RSA 186-B:9-15, any bidder shall be eligible to bid for this service and shall be eligible to service more than one rest area.

IV. The commissioner may incur capital expenses for the implementation of the provisions of this section.

V. The state's share of funds derived from any leases shall be apportioned as follows: 75 percent to the general fund, and 25 percent to the department of transportation, beginning on the July 1 following the first payment under the lease.

VI. The provisions of RSA 230:52 shall not apply to the lease of space for the provision of food service under this section.

VII. The commissioner of the department of transportation shall develop rules for the implementation of leases including signage, lighting, minimum hours of operation, and parking. Proposed rules under this section shall be subject to the review of the legislature.

2 Effective Date. This act shall take effect 60 days after its passage.