S938

An Act allowing wineries to erect tourist-oriented directional signs and amending P.L.1997, c.144.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1997, c.144 (C.27:7-21.12) is amended to read as follows:

1. a. The Commissioner of Transportation may lease, license or contract the use, management or operation of any State right-of-way or any real property of the department for the purpose of placing motorist service signs and tourist-oriented directional signs in such manner as to produce revenue for the support of the State.

b. In entering into a lease, license or contract pursuant to this section, the commissioner shall either set a fee for the lease, license or contract which shall yield at least a fair rental value for the use of the right-of-way or real property, or award the lease, license or contract on the basis of competitive public bids or proposals to the responsible bidder or proposer whose bid or proposal is determined to be in the best interest of the State, price and other factors considered.

c. Any sign placed on departmental property pursuant to a lease, license or contract entered into pursuant to this section shall conform to the Manual on Uniform Traffic Control Devices issued by the Federal Highway Administration, United States Department of Transportation.

d. Notwithstanding any restrictions or requirements of the Department of Transportation concerning the placement of tourist-oriented directional signs to the contrary, the commissioner shall allow the holder of a plenary winery license or farm winery license pursuant to R.S.33:1-10 participating in any tourist-oriented directional sign program established by the commissioner to erect tourist-oriented directional signs along any State highway, toll authority road, or county or municipal road or highway in the State, except as otherwise prohibited by federal law or whenever any federal transportation or highway funding provided to the State would be jeopardized as a result, identifying the location of the plenary winery or farm winery and directing motorists to that location:

(1) regardless of the distance of the winery from any such road or highway;

(2) whether or not the entrance to the winery is located on a crossroad of a State highway or toll authority road; and

(3) provided that the winery otherwise complies with the requirements of the Manual on Uniform Traffic Control Devices issued by the Federal Highway Administration, United States Department of Transportation, and the requirements for sign specifications and the installation of signs prescribed pursuant to this section and as established by the commissioner.

(cf: P.L.1997, c.144, s.1)

2. This act shall take effect on the 60th day after the date of enactment, but the Department of Transportation may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

This bill directs the Commissioner of Transportation to allow any holder of a plenary winery license or a farm winery license participating in any tourist-oriented directional sign program established by the commissioner to erect tourist-oriented directional signs along any State highway, toll authority road, or county or municipal road or highway in the State, except as otherwise prohibited by federal law or whenever any federal transportation or highway funding provided to the State would be jeopardized as a result, regardless of the winery’s location or distance from any such road or highway and provided that the signs otherwise comply with sign specification and installation requirements.