HOUSE 3rd Reading Unamended April 25, 2012 HOUSE Amended 2nd Reading April 24, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 12-0203.01 Esther van Mourik x4215HOUSE BILL 12-1136 HOUSE SPONSORSHIP Ramirez, SENATE SPONSORSHIP Roberts, House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning a prohibition on the use of public land for retail sales. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill prohibits a public entity from operating, or contracting with a private entity to operate, for public use any truck stop, fueling station, or convenience store on or near public land, state highways, toll roads, or any other similar infrastructure supported by any state revenues. The bill does not prohibit a public entity from maintaining existing interstate public rest areas or constructing new interstate public rest areas as allowed by law. The bill also specifies that the prohibition is not retroactive and does not apply to restaurants or service centers related to a golf course or any souvenir shops that are on or near such public land, state highways, toll roads, or such similar infrastructure. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) When the United States congress created the interstate highway system in 1956, community leaders feared that local businesses, jobs, and tax bases would shrink as truck drivers and other motorists bypassed their cities and towns. As a result, congress prohibited automotive service stations or other commercial establishments for serving motor vehicle users from being constructed or located on the rights-of-way of the interstate highway system. (b) This prohibition has been an undeniable success, resulting in industries that provide valuable services such as gas stations, travel plazas, and truck stops. (c) If such a policy is not adopted in the state, automotive service stations and other commercial establishments within communities will be unable to compete with commercialized rest areas and public-private partnerships located on taxpayer subsidized land and would create a de facto monopoly favoring businesses operated on such land. Such commercialization on public land destroys the long-term property tax base of local governments and puts many retailers out of business. Such commercialization also results in an unfair competitive environment for privately-operated retailers and destroys successful economic business models that have proven beneficial for consumers and retailers. SECTION 2. In Colorado Revised Statutes, add part 5 to article 2 of title 43 as follows: PART 5 PROHIBIT USE OF PUBLIC LAND NEAR A HIGHWAY FOR RETAIL SALES 43-2-501. Definitions. As used in this part 5, unless the context otherwise requires: (1) "Highway" means the state highway system as described in section 43-2-101 (1), a public highway as described in section 43-2-201, a freeway designated pursuant to section 43-3-101, a county road, or a municipal street. (2) "Interstate system" has the same meaning as set forth in section 43-2-101 (2), C.R.S. (3) "Motor fuel" means any source of energy used to propel a motor vehicle on a highway or interstate system. (4) "Political subdivision" means a governing subdivision of the state, including a county, a municipality, the regional transportation district, or any other special district. (5) "Private entity" means any individual, corporation, business trust, estate, trust, limited liability company, partnership, association, or other legal entity. (6) "Public entity" means the Colorado department of transportation or any political subdivision of the state; except that "public entity" does not include a state institution of higher education or an airport as defined in section 41-3-103 (2), C.R.S. (7) "State institution of higher education" has the same meaning as set forth in section 23-18-102 (10), C.R.S. For purposes of this section,"state institution of higher education" also includes the Auraria higher education center established in article 70 of title 23, C.R.S. 43-2-502. Prohibit use of public land for retail sales. (1) (a) Notwithstanding any other provision of law, and except as provided in paragraph (b) of this subsection (1), a public entity shall not permit automotive service stations or other commercial establishments for serving motor vehicle users to be constructed or located on the rights-of-way of the interstate system. (b) (I) Nothing in this subsection (1) prohibits a public entity from maintaining existing public rest areas or constructing new public rest areas located, as allowed by law, on the rights-of-way of the interstate system. (II) A public entity may permit the placement of vending machines in rest and recreation areas, and in safety rest areas, constructed or located on rights-of-way of the interstate system in the state. Such vending machines may only dispense food, drink, and other articles as the public entity determines are appropriate and desirable. The vending machines may only be operated by the state. Priority shall be given to vending machines that are licensed, managed, or operated pursuant to section 26-8.5-102, C.R.S., or the "Randolph-Sheppard Act", 20 U.S.C. sec. 107. (2) (a) Notwithstanding any other provision of law, a public entity shall not retail motor fuel for public use, or contract with a private entity to retail motor fuel for public use, at any truck stop, fueling station, convenience store, or other automotive service station. (b) The prohibition set forth in this subsection (2) does not apply to any truck stop, fueling station, convenience store, or other automotive service station that retails motor fuel prior to the effective date of this subsection (2). SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.