Amendments for HB12-1136
House Journal, April 20
34 HB12-1136 be amended as follows, and as so amended, be referred to
35 the Committee of the Whole with favorable
36 recommendation:
37
38 Amend printed bill, strike everything below the enacting clause and
39 substitute:
40
41 "SECTION 1. Legislative declaration. (1) The general
42 assembly hereby finds and declares that:
43 (a) When the United States congress created the interstate
44 highway system in 1956, community leaders feared that local businesses,
45 jobs, and tax bases would shrink as truck drivers and other motorists
46 bypassed their cities and towns. As a result, congress prohibited
47 automotive service stations or other commercial establishments for
48 serving motor vehicle users from being constructed or located on the
49 rights-of-way of the interstate highway system.
50 (b) This prohibition has been an undeniable success, resulting in
51 industries that provide valuable services such as gas stations, travel
52 plazas, and truck stops, and the idea is good for Colorado state highways
53 and roads as well.
54 (c) If such a policy is not adopted for Colorado state highways and
55 roads, automotive service stations and other commercial establishments
56 within communities will be unable to compete with commercialized rest
1 areas and public-private partnerships located on public land near state
2 highways and roads because their proximity to the state highways and
3 roads would create a de facto monopoly favoring businesses operated on
4 taxpayer land. Such commercialization on public land destroys the
5 long-term property tax base of local governments and puts many retailers
6 out of business. Such commercialization also results in an unfair
7 competitive environment for privately-operated retailers and destroys
8 successful economic business models that have proven beneficial for
9 consumers and retailers.
10 SECTION 2. In Colorado Revised Statutes, add part 5 to article
11 2 of title 43 as follows:
512 PART
13 PROHIBIT USE OF PUBLIC LAND NEAR
14 A HIGHWAY FOR RETAIL SALES
15 43-2-501. Definitions. AS USED IN THIS PART 5, UNLESS THE
16 CONTEXT OTHERWISE REQUIRES:
17 (1) "HIGHWAY" MEANS THE STATE HIGHWAY SYSTEM AS
18 DESCRIBED IN SECTION 43-2-101 (1), A PUBLIC HIGHWAY AS DESCRIBED IN
19 SECTION 43-2-201, A FREEWAY DESIGNATED PURSUANT TO SECTION
20 43-3-101, A COUNTY ROAD, OR A MUNICIPAL STREET.
21 (2) "POLITICAL SUBDIVISION" MEANS A GOVERNING SUBDIVISION
22 OF THE STATE, INCLUDING A COUNTY, A MUNICIPALITY, THE REGIONAL
23 TRANSPORTATION DISTRICT, OR ANY OTHER SPECIAL DISTRICT.
24 (3) "PRIVATE ENTITY" MEANS ANY INDIVIDUAL, CORPORATION,
25 BUSINESS TRUST, ESTATE, TRUST, LIMITED LIABILITY COMPANY,
26 PARTNERSHIP, ASSOCIATION, OR OTHER LEGAL ENTITY.
27 (4) "PUBLIC ENTITY" MEANS THE COLORADO DEPARTMENT OF
28 TRANSPORTATION OR ANY POLITICAL SUBDIVISION OF THE STATE; EXCEPT
29 THAT "PUBLIC ENTITY" DOES NOT INCLUDE A STATE INSTITUTION OF
30 HIGHER EDUCATION OR AN AIRPORT AS DEFINED IN SECTION 41-3-103 (2),
31 C.R.S.
32 (5) "PUBLIC LAND" MEANS LAND OWNED OR CONTROLLED BY THE
33 COLORADO DEPARTMENT OF TRANSPORTATION OR A POLITICAL
34 SUBDIVISION.
35 (6) "STATE INSTITUTION OF HIGHER EDUCATION" HAS THE SAME
36 MEANING AS SET FORTH IN SECTION 23-18-102 (10), C.R.S. FOR PURPOSES
37 OF THIS SECTION,"STATE INSTITUTION OF HIGHER EDUCATION" ALSO
38 INCLUDES THE AURARIA HIGHER EDUCATION CENTER ESTABLISHED IN
39 ARTICLE 70 OF TITLE 23, C.R.S.
40 43-2-502. Prohibit use of public land for retail sales.
41 (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND EXCEPT AS
42 PROVIDED IN SUBSECTION (2) OF THIS SECTION, A PUBLIC ENTITY SHALL
43 NOT OPERATE, OR CONTRACT WITH A PRIVATE ENTITY TO OPERATE, FOR
44 PUBLIC USE ANY TRUCK STOP, FUELING STATION, CONVENIENCE STORE, OR
45 OTHER AUTOMOTIVE SERVICE STATION THAT SERVES MOTOR VEHICLE
46 USERS ON OR NEAR THE RIGHT-OF-WAY OF A HIGHWAY OR ON PUBLIC
47 LAND. NOTHING IN THIS PART 5 PROHIBITS A PUBLIC ENTITY FROM
48 MAINTAINING EXISTING PUBLIC REST AREAS OR CONSTRUCTING NEW
49 PUBLIC REST AREAS LOCATED, AS ALLOWED BY LAW, ON OR NEAR THE
50 RIGHT-OF-WAY OF A HIGHWAY OR ON PUBLIC LAND.
51 (2) (a) THE PROHIBITION SET FORTH IN THIS PART 5 DOES NOT
52 APPLY TO ANY TRUCK STOP, FUELING STATION, CONVENIENCE STORE, OR
53 OTHER AUTOMOTIVE SERVICE STATION THAT SERVES MOTOR VEHICLE
54 USERS IN OPERATION PRIOR TO THE EFFECTIVE DATE OF THIS SUBSECTION
55 (2) THAT IS LOCATED ON OR NEAR THE RIGHT-OF-WAY OF A HIGHWAY OR
56 ON PUBLIC LAND WITHIN FIFTY YARDS OF A HIGHWAY.
1 (b) THE PROHIBITION SET FORTH IN THIS PART 5 DOES NOT APPLY
2 TO ANY PROGRAMS LICENSED, MANAGED, OR OPERATED PURSUANT TO
203 SECTION 26-8.5-102, C.R.S., OR THE "RANDOLPH-SHEPPARD ACT",
4 U.S.C. SEC. 107.
5 SECTION 3. Safety clause. The general assembly hereby finds,
6 determines, and declares that this act is necessary for the immediate
7 preservation of the public peace, health, and safety.".
House Journal, April 24
32 Amendment No. 1, State, Veterans, & Military Affairs Report, dated
33 April 19, 2012, and placed in member's bill file; Report also printed in
35
36 Amendment No. 2, by Representative(s) Ramirez.
37
38 Amend the State, Veterans, & Military Affairs Committee Report, dated
39 April 19, 2012, page 1, strike lines 14 and 15 and substitute "plazas, and
40 truck stops."
41
42 Page 1, line 16, strike "for Colorado state highways and" and substitute
43 "in the state,".
44
45 Page 1, line 17, strike "roads,".
46
47 Page 1, line 19, strike "public land near state" and substitute "taxpayer
48 subsidized land".
49
50 Page 1, strike line 20.
51
52 Page 1, line 21, strike "roads" and substitute "and".
53
54 Page 1, line 22, strike "taxpayer" and substitute "such".
55
56 Page 2, after line 14 insert:
1 "(2) "INTERSTATE SYSTEM" HAS THE SAME MEANING AS SET FORTH
2 IN SECTION 43-2-101 (2), C.R.S.
3
4 (3) "MOTOR FUEL" MEANS ANY SOURCE OF ENERGY USED TO
5 PROPEL A MOTOR VEHICLE ON A HIGHWAY OR INTERSTATE SYSTEM.".
6
7 Renumber succeeding subsections accordingly.
8
9 Page 2, strike lines 26 through 28.
10
11 Renumber succeeding subsection accordingly.
12
13 Page 2, strike lines 35 through 42 and substitute:
14
15 "(1) (a) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND
16 EXCEPT AS PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (1), A
17 PUBLIC ENTITY SHALL NOT PERMIT AUTOMOTIVE SERVICE STATIONS OR
18 OTHER COMMERCIAL ESTABLISHMENTS FOR SERVING MOTOR VEHICLE
19 USERS TO BE CONSTRUCTED OR LOCATED ON THE RIGHTS-OF-WAY OF THE
20 INTERSTATE SYSTEM.
21 (b) (I) NOTHING IN THIS SUBSECTION (1) PROHIBITS A PUBLIC
22 ENTITY FROM MAINTAINING EXISTING PUBLIC REST AREAS OR
23 CONSTRUCTING NEW PUBLIC REST AREAS LOCATED, AS ALLOWED BY LAW,
24 ON THE RIGHTS-OF-WAY OF THE INTERSTATE SYSTEM.
25 (II) A PUBLIC ENTITY MAY PERMIT THE PLACEMENT OF VENDING
26 MACHINES IN REST AND RECREATION AREAS, AND IN SAFETY REST AREAS,
27 CONSTRUCTED OR LOCATED ON RIGHTS-OF-WAY OF THE INTERSTATE
28 SYSTEM IN THE STATE. SUCH VENDING MACHINES MAY ONLY DISPENSE
29 FOOD, DRINK, AND OTHER ARTICLES AS THE PUBLIC ENTITY DETERMINES
30 ARE APPROPRIATE AND DESIRABLE. THE VENDING MACHINES MAY ONLY
31 BE OPERATED BY THE STATE. PRIORITY SHALL BE GIVEN TO VENDING
32 MACHINES THAT ARE LICENSED, MANAGED, OR OPERATED PURSUANT TO
2033 SECTION 26-8.5-102, C.R.S., OR THE "RANDOLPH-SHEPPARD ACT",
34 U.S.C. SEC. 107.
35
36 (2) (a) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A
37 PUBLIC ENTITY SHALL NOT OPERATE, OR CONTRACT WITH A PRIVATE
38 ENTITY TO OPERATE, FOR PUBLIC USE ANY TRUCK STOP, FUELING STATION,
39 CONVENIENCE STORE, OR OTHER AUTOMOTIVE SERVICE STATION FOR THE
40 PURPOSE OF RETAILING MOTOR FUEL.
41
42 (b) THE PROHIBITION SET FORTH IN THIS SUBSECTION (2) DOES NOT
43 APPLY TO ANY TRUCK STOP, FUELING STATION, CONVENIENCE STORE, OR
44 OTHER AUTOMOTIVE SERVICE STATION THAT RETAILS MOTOR FUEL PRIOR
45 TO THE EFFECTIVE DATE OF THIS SUBSECTION (2).".
46
47 Page 3, strike lines 1 through 12.
48
49 Amendment No. 3, by Representative(s) Liston.
50
51 Amend Amendment No.2, by Representative Ramirez, as printed in
53 ENTITY SHALL NOT RETAIL MOTOR FUEL FOR PUBLIC USE, OR CONTRACT
54 WITH A PRIVATE ENTITY TO RETAIL MOTOR FUEL FOR PUBLIC USE, AT ANY
55 TRUCK STOP, FUELING STATION,".
56
1 Page 1091, line 39, strike "STATION FOR THE" and substitute "STATION.".
2
3 Page 1091, strike line 40.
4
5 As amended, ordered engrossed and placed on the Calendar for Third
6 Reading and Final Passage.