28-7316. Assets and facilities advertising and sponsorship program; program termination; definitions

A. In addition to the urban and rural logo sign program established by section 28-7311, the department may establish a program to lease or sell advertising on nonhighway assets of the department and to allow monetary sponsorship of facilities and other assets of the department. The advertising and sponsorship program established pursuant to this section shall be limited to motor vehicle and motorist-related goods and services. The department may adopt rules to implement and administer this section. The department may:

1. Operate, modify or terminate any advertising and sponsorship program.

2. Generate revenue from any advertising and sponsorship program.

3. Contract with a third party to perform any or all aspects of the advertising and sponsorship program authorized pursuant to this section.

B. The department or a third party may negotiate and execute leases for variable terms, set lease rates, establish lease terms and prescribe forms for leases.

C. If the department contracts with a third party, the third party shall agree in the contract to:

1. The contractor's duties, including:

(a) Furnishing, installing, maintaining and replacing the advertising and sponsorship space or media on the authorized assets and facilities of the department.

(b) Promoting and negotiating the leasing of advertising and sponsorship space or media on the authorized assets and facilities of the department.

2. Compensation.

D. Costs incurred under the program established pursuant to this section shall be paid under agreements negotiated between the department or the third party and the advertisers or sponsors.

E. The department may enter into a revenue sharing agreement with the third party. The department shall deposit, pursuant to sections 35-146 and 35-147, revenues generated from the advertising and sponsorship program, minus program operating costs, in the state highway fund established by section 28-6991.

F. The program established pursuant to this section ends on July 1, 2026 pursuant to section 41-3102.

G. For the purposes of this section:

1. " Advertising" means signage or electronic media on department assets that display or promote commercial brands, products or services through a logo, message, slogan or other information.

2. " Assets" means buildings, transportation infrastructure, vehicles, signage, equipment, internet or other electronic media or other facilities or items of value that are owned, maintained or managed by the department.

3. " Facility" means a building, room, center or space or another location in or on an asset that is owned, leased or controlled by the department and that the department deems suitable for sponsorship.

4. " Sponsorship" means the act of sponsoring an element of the department's operation of an asset through highway-related services, products or monetary contributions.