54-3-106 - Department authority United States citizenship required for operators.
54-3-106. Department authority United States citizenship required for operators.
(a) In addition to such other authority to enter into contracts as may be provided by law, the department is given full authority to enter into contracts, agreements or understandings with private parties, the federal government, or other governmental agencies for the purpose of developing or operating a tollway or toll facility, or any part of a tollway or toll facility, including, but not limited to, the following:
(1) Design-build contracts with private entities pursuant to which all or part of the design, right-of-way acquisition, relocation of utilities and construction of a tollway or toll facility is accomplished by a private entity or entities on behalf of the department;
(2) Service agreements for the operation of a tollway, toll facility, or appurtenant facility; and
(3) Agreements with the federal government or other governmental agencies for the purpose of undertaking all or any part of a tollway or toll facility project.
(b) Any contracts, agreements or understandings entered into for the operation of a tollway or a toll facility shall be with a person who is a United States citizen or with a corporation, firm, partnership, or other business entity in which more than fifty percent (50%) of the equity of the corporation, firm, partnership, or other business entity is owned by a person or persons who are United States citizens.
[Acts 2007, ch. 597, § 7; 2008, ch. 684, § 1.]