First Regular Session
Sixty-second General Assembly
LLS NO. 99-0052.01 Dan Cartin HOUSE BILL 99-1035
STATE OF COLORADO
BY REPRESENTATIVE S. Williams
TRANSPORTATION & ENERGY
A BILL FOR AN ACT
101 CONCERNING AUTHORIZATION FOR THE PROVISION OF RETAIL OR
102 COMMERCIAL GOODS AND SERVICES AT PUBLIC TRANSPORTATION
103 TRANSFER FACILITIES LOCATED ON PROPERTY OWNED BY THE
104 DEPARTMENT OF TRANSPORTATION.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Transportation Legislation Review Committee. Requires the
regional transportation district or a public entity other than the department
of transportation to obtain the approval of the executive director of the
department before entering into any agreement with a person or public
entity for the provision of retail or commercial goods and services at a
transfer facility that is located on property owned by the department.
Authorizes the executive director of the department of
transportation to negotiate and enter into agreements to provide retail and
commercial goods and services at transfer facilities that are owned by the
department.
Requires any person obtaining the use of a transfer facility for the
provision of goods or services at transfer facilities owned or operated by
the department of transportation to pay rent to the department at fair
market value.
Prohibits the use of such transfer facilities for the provision of
goods or services if the use reduces transit services or the availability of
public parking.
Subjects any development of a portion of a transfer facility owned
or operated by the department of transportation for retail or commercial
use to all applicable laws, ordinances, and regulations of any
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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municipality, county, or city and county where the facility is located.
Specifies that, if the Colorado supreme court rules that possessory
interests are subject to property taxation, any possessory interests in a
transfer facility that is used for commercial or retail purposes shall be
subject to property taxation.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 32-9-119.8 (2) and (6), Colorado Revised Statutes,
3 are amended, and the said 32-9-119.8 is further amended BY THE
4 ADDITION OF A NEW SUBSECTION, to read:
5 32-9-119.8. Provision of retail and commercial goods and
6 services at district transfer facilities. (2) EXCEPT AS PROVIDED IN
7 SUBSECTION (2.5) OF THIS SECTION, the district shall have the authority to
8 negotiate and enter into agreements with any person or public entity for
9 the provision of retail and commercial goods and services to the public at
10 transfer facilities. The district itself shall not provide retail and
11 commercial goods and services at transfer facilities pursuant to this
12 section, except for the sale of mass transportation tickets, tokens, passes,
13 and other transactions directly and necessarily related to the operation of
14 a mass transportation system.
15 (2.5) THE DISTRICT SHALL OBTAIN THE APPROVAL OF THE
16 EXECUTIVE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION BEFORE
17 NEGOTIATING AND ENTERING INTO ANY AGREEMENT WITH ANY PERSON OR
18 PUBLIC ENTITY FOR THE PROVISION OF RETAIL AND COMMERCIAL GOODS
19 AND SERVICES TO THE PUBLIC AT A TRANSFER FACILITY THAT IS LOCATED
20 ON PROPERTY THAT IS OWNED BY THE DEPARTMENT OF TRANSPORTATION
21 AND LEASED TO THE DISTRICT FOR THE OPERATION OF SUCH TRANSFER
22 FACILITY.
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1 (6) SUBJECT TO SUBSECTION (2.5) OF THIS SECTION, section
2 43-3-101 (3), C.R.S., shall not bar the provision or sale of retail or
3 commercial goods or services conducted in accordance with the
4 provisions of this section upon any property owned by the Colorado
5 department of transportation and leased to the regional transportation
6 district for the operation of transfer facilities.
7 SECTION 2. Article 1 of title 43, Colorado Revised Statutes, is
8 amended BY THE ADDITION OF A NEW PART to read:
9 PART 14
10 PROVISION OF RETAIL OR COMMERCIAL GOODS AND
SERVICES AT PUBLIC TRANSPORTATION TRANSFER
11 FACILITIES ON DEPARTMENT-OWNED PROPERTY
43-1-1401. Definitions. (1) AS USED IN THIS PART 14, UNLESS
12 THE CONTEXT OTHERWISE REQUIRES:
13 (a) "PUBLIC ENTITY" INCLUDES, BUT IS NOT LIMITED TO, A PUBLIC
14 BODY, AS THAT TERM IS DEFINED IN SECTION 32-9-103 (11), C.R.S., AND
15 ANY OTHER GOVERNMENTAL ENTITY, AGENCY, OR OFFICIAL.
16 (b) "TRANSFER FACILITY" MEANS A PUBLIC PARK-N-RIDE OPERATED
17 ON PROPERTY THAT IS OWNED BY THE DEPARTMENT.
18 43-1-1402. Provision of retail and commercial goods and
19 services at transfer facilities on department property. ANY PUBLIC
20 ENTITY OTHER THAN THE DEPARTMENT SHALL OBTAIN THE APPROVAL OF
21 THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BEFORE NEGOTIATING AND
22 ENTERING INTO ANY AGREEMENT WITH ANY PERSON OR PUBLIC ENTITY FOR
23 THE PROVISION OF RETAIL AND COMMERCIAL GOODS AND SERVICES TO THE
24 PUBLIC AT A TRANSFER FACILITY THAT IS LOCATED ON PROPERTY THAT IS
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1 OWNED BY THE DEPARTMENT AND LEASED TO THE DISTRICT OR SUCH
2 PUBLIC ENTITY FOR THE OPERATION OF SUCH TRANSFER FACILITY.
3 43-1-1403. Department transfer facilities - provision of retail
4 and commercial goods and services. (1) THE EXECUTIVE DIRECTOR
5 SHALL HAVE THE AUTHORITY TO NEGOTIATE AND ENTER INTO AGREEMENTS
6 WITH ANY PERSON OR PUBLIC ENTITY FOR THE PROVISION OF RETAIL AND
7 COMMERCIAL GOODS AND SERVICES TO THE PUBLIC AT ANY TRANSFER
8 FACILITY THAT IS OWNED OR OPERATED BY THE DEPARTMENT.
9 (2) ANY PERSON OR PUBLIC ENTITY OBTAINING THE USE OF ANY
10 PORTION OF A TRANSFER FACILITY THAT IS OWNED OR OPERATED BY THE
11 DEPARTMENT FOR THE PROVISION OF RETAIL OR COMMERCIAL GOODS OR
12 SERVICES SHALL BE REQUIRED TO COMPENSATE THE DEPARTMENT BY
13 PAYMENT OF RENT AT FAIR MARKET VALUE OR, AT THE DISCRETION OF THE
14 EXECUTIVE DIRECTOR, BY THE PROVISION OF SERVICES OR CAPITAL
15 IMPROVEMENTS TO FACILITIES USED IN TRANSIT SERVICES, ALONE OR IN
16 COMBINATION WITH RENTAL PAYMENTS, SUCH THAT THE TOTAL BENEFIT
17 TO THE DEPARTMENT IS NOT LESS THAN THE FAIR MARKET RENTAL VALUE
18 OF THE PROPERTY USED BY THE PERSON OR PUBLIC ENTITY.
19 (3) ANY USE OF A TRANSFER FACILITY THAT IS OWNED OR
20 OPERATED BY THE DEPARTMENT FOR THE PROVISION OF RETAIL OR
21 COMMERCIAL GOODS OR SERVICES SHALL NOT BE IMPLEMENTED IF THE USE
22 WOULD REDUCE TRANSIT SERVICES OR THE AVAILABILITY OF ADEQUATE
23 PARKING FOR THE PUBLIC OR WOULD RESULT IN A COMPETITIVE
24 DISADVANTAGE TO A PRIVATE BUSINESS REASONABLY NEAR A TRANSFER
25 FACILITY ENGAGING IN THE SALE OF SIMILAR GOODS AND SERVICES. THE
26 PROVISION OF RETAIL AND COMMERCIAL GOODS AND SERVICES AT
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1 TRANSFER FACILITIES THAT ARE OWNED OR OPERATED BY THE
2 DEPARTMENT SHALL BE DESIGNED TO OFFER CONVENIENCE TO TRANSIT
3 CUSTOMERS AND SHALL NOT BE CONDUCTED IN A MANNER THAT
4 ENCOURAGES AUTOMOBILE TRAFFIC FROM NONTRANSIT USERS.
5 (4) ANY DEVELOPMENT OF ANY PORTION OF A TRANSFER FACILITY
6 OWNED OR OPERATED BY THE DEPARTMENT AND MADE AVAILABLE BY THE
7 DEPARTMENT FOR THE PROVISION OF RETAIL OR COMMERCIAL GOODS OR
8 SERVICES SHALL BE SUBJECT TO ALL APPLICABLE LAWS, ORDINANCES, AND
9 REGULATIONS OF ANY MUNICIPALITY, COUNTY, OR CITY AND COUNTY IN
10 WHICH THE TRANSFER FACILITY IS LOCATED, INCLUDING PLANNING AND
11 ZONING REGULATIONS.
12 43-1-1404. Possessory interests in transfer facilities -
13 taxation. NOTWITHSTANDING SECTION 39-3-136, C.R.S., IF THE
14 COLORADO SUPREME COURT RULES THAT THE COLORADO CONSTITUTION
15 REQUIRES THAT POSSESSORY INTERESTS IN EXEMPT LAND, IMPROVEMENTS,
16 AND PERSONAL PROPERTY BE SUBJECT TO PROPERTY TAXATION, ANY
17 PERSON OBTAINING A POSSESSORY INTEREST IN ANY PORTION OF A
18 TRANSFER FACILITY LOCATED ON PROPERTY THAT IS OWNED BY THE
19 DEPARTMENT FOR THE PROVISION OF RETAIL OR COMMERCIAL GOODS OR
20 SERVICES PURSUANT TO THIS SECTION SHALL BE DEEMED IN CONTROL OF
21 THAT PORTION OF THE FACILITY AND SHALL BE SUBJECT TO PROPERTY
22 TAXATION TO THE EXTENT OF THE PERSON'S POSSESSORY INTEREST IN THAT
23 PORTION OF THE FACILITY.
24 SECTION 3. 43-3-101 (3), Colorado Revised Statutes, is
25 amended to read:
26 43-3-101. Freeways - how declared - commercial enterprises
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1 prohibited. (3) Except as provided in section 32-9-119.8, C.R.S., AND
2 PART 14 OF ARTICLE 1 OF THIS TITLE, no commercial enterprise or activity
3 for serving motorists, other than emergency services for disabled
4 vehicles, shall be conducted or authorized on any property designated as
5 or acquired for or in connection with a freeway or highway by the
6 department of transportation, or any other governmental agency. At
7 locations deemed appropriate by the transportation commission, the
8 department of transportation shall construct local service roads, which
9 open into or connect with a freeway, in such manner as to facilitate the
10 establishment and operation of competitive commercial enterprises for
11 serving users of the freeway on private property abutting such local
12 service roads.
13 SECTION 4. Effective date. This act shall take effect at 12:01
14 a.m. on the day following the expiration of the ninety-day period after
15 final adjournment of the general assembly that is allowed for submitting
16 a referendum petition pursuant to article V, section 1 (3) of the state
17 constitution; except that, if a referendum petition is filed against this act
18 or an item, section, or part of this act within such period, then the act,
19 item, section, or part, if approved by the people, shall take effect on the
20 date of the official declaration of the vote thereon by proclamation of the
21 governor.