Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0998.01 Jessica Herrera x4218
HOUSE BILL 22-1365
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF THE SOUTHERN COLORADO INSTITUTE101
OF TRANSPORTATION TECHNOLOGY AT COLORADO STATE102
UNIVERSITY - PUEBLO.103
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://leg.colorado.gov
.)
The bill creates the southern Colorado institute of transportation
technology (institute) at Colorado state university - Pueblo, which is
designated as the host institution for the institute, and specifies that the
role and mission of the institute is to conduct research related to the
safety, security, and innovation of railroad, ground, and intermodal
HOUSE
Amended 2nd Reading
April 26, 2022
HOUSE SPONSORSHIP
Esgar,
SENATE SPONSORSHIP
Hinrichsen,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. transportation and general issues related to surface transportation
problems in the state. The institute must also support government and
academic surface transportation related research and serve as a
competitive funding resource for small Colorado businesses developing
and testing surface transportation technologies.
The bill also:
! Establishes a governing board for the institute, requires the
institute to have a director, and specifies the powers and
duties of the governing board and the director;
! Requires the institute to annually report to the joint budget
committee and education committee of the general
assembly; and
! Specifies a process by which Colorado state university -
Pueblo may opt out of being the host institution for the
institute.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 23-31.5-113 as2
follows:3
23-31.5-113. Southern Colorado institute of transportation4
technology - governing board - powers and duties - report -5
definitions. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT6
OTHERWISE REQUIRES:7
(a) "G
OVERNING BOARD" MEANS THE SOUTHERN COLORADO8
INSTITUTE OF TRANSPORTATION TECHNOLOGY GOVERNING BOARD9
CREATED IN SUBSECTION (3) OF THIS SECTION.10
(b) "H
OST INSTITUTION" MEANS THE NOT-FOR-PROFIT RESEARCH11
ENTITY OR INSTITUTION OF HIGHER EDUCATION WHERE THE SOUTHERN12
C
OLORADO INSTITUTE OF TRANSPORTATION TECHNOLOGY IS LOCATED , AS13
SPECIFIED IN SUBSECTION (2)(a) OF THIS SECTION OR SUBSEQUENTLY14
CHANGED IN ACCORDANCE WITH SUBSECTION (7) OF THIS SECTION.15
(c) "I
NSTITUTE" MEANS THE SOUTHERN COLORADO INSTITUTE OF16
TRANSPORTATION TECHNOLOGY CREATED IN SUBSECTION (2) OF THIS17
1365-2- SECTION.1
(d) "T
RANSPORTATION TECHNOLOGY CENTER " MEANS THE2
RESEARCH FACILITY LOCATED JUST OUTSIDE THE CITY OF PUEBLO WHERE3
RESEARCH, TESTING, ENGINEERING, AND TRAINING SERVICES ARE4
PERFORMED UNDER A RESEARCH GRANT FROM THE FEDERAL RAILROAD5
ADMINISTRATION.6
(2) (a) T
HE SOUTHERN COLORADO INSTITUTE OF TRANSPORTATION7
TECHNOLOGY IS HEREBY CREATED , TO BE LOCATED AT COLORADO STATE8
UNIVERSITY - PUEBLO, THE HOST INSTITUTION, UNLESS A RELOCATION9
OCCURS PURSUANT TO SUBSECTION (7) OF THIS SECTION. THE INSTITUTE10
SHALL BE ADMINISTERED BY THE GOVERNING BOARD OF THE INSTITUTE11
CREATED IN SUBSECTION (3) OF THIS SECTION.12
(b) T
HE ROLE AND MISSION OF THE INSTITUTE IS TO CONDUCT AND13
FACILITATE EDUCATION, TRAINING, AND RESEARCH ON ISSUES RELATED TO14
THE SAFETY, SECURITY, AND INNOVATION OF RAILROAD , GROUND, AND15
INTERMODAL TRANSPORTATION AND GENERAL ISSUES RELATED TO16
SURFACE TRANSPORTATION PROBLEMS IN THE STATE . THE INSTITUTE17
SHALL ALSO SERVE AS AN INFORMATION EXCHANGE AND DEPOSITORY FOR18
THE MOST CURRENT INFORMATION PERTAINING TO SURFACE19
TRANSPORTATION EDUCATION , RESEARCH, AND RELATED ISSUES ,20
INCLUDING THE ECONOMIC DEVELOPMENT OF TRANSPORTATION21
TECHNOLOGY IN COLORADO AND NATIONWIDE . THE INSTITUTE SHALL22
PUBLICLY DISSEMINATE THE RESULTS OF THAT RESEARCH .23
(c) T
HE INSTITUTE SHALL BE A CONTINUING RESOURCE FOR THE24
GENERAL ASSEMBLY, THE DEPARTMENT OF TRANSPORTATION , LOCAL25
GOVERNMENTS, THE NATION, AND THE PRIVATE SECTOR IN THE AREA OF26
SURFACE TRANSPORTATION AND RELATED RESEARCH . IN ADDITION, THE27
1365
-3- INSTITUTE SHALL PROMOTE SURFACE TRANSPORTATION EDUCATION AND1
RESEARCH ACTIVITIES AMONG COLORADO AND NATIONAL UNIVERSITIES2
TO ENHANCE THE UNIVERSITIES ' ABILITY TO ATTRACT FEDERAL AND3
PRIVATE SECTOR FUNDING FOR TRANSPORTATION EDUCATION , TRAINING,4
AND RELATED RESEARCH.5
(d) T
HE INSTITUTE SHALL SERVE AS A COMPETITIVE FUNDING6
RESOURCE FOR SMALL COLORADO BUSINESSES DEVELOPING AND TESTING7
SURFACE TRANSPORTATION TECHNOLOGIES . SUCH SMALL BUSINESSES8
SHALL WORK DIRECTLY WITH THE INSTITUTE , REPORT PROGRESS IN9
DEVELOPING SUCH TECHNOLOGIES , AND REPORT THE POTENTIAL FOR A10
POSITIVE ECONOMIC IMPACT ON THE COLORADO ECONOMY .11
(3) (a) T
HE SOUTHERN COLORADO INSTITUTE OF TRANSPORTATION12
TECHNOLOGY GOVERNING BOARD IS HEREBY CREATED . THE GOVERNING13
BOARD CONSISTS OF
EIGHT MEMBERS WHO ARE EXPERTS IN14
TRANSPORTATION-RELATED AREAS, INCLUDING:15
(I) T
HE EXECUTIVE DIRECTOR OF THE COLORADO DEPARTMENT OF16
TRANSPORTATION, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;17
(II) T
HE DIRECTOR OF THE COLORADO OFFICE OF ECONOMIC18
DEVELOPMENT, OR THE DIRECTOR'S DESIGNEE;19
(III) ONE MEMBER OF A STATEWIDE LABOR ORGANIZATION20
REPRESENTING RAIL WORKERS ;21
(IV) THE PRESIDENT OF COLORADO STATE UNIVERSITY - PUEBLO,22
OR THE PRESIDENT'S DESIGNEE; AND23
(V) FOUR MEMBERS APPOINTED TO THE BOARD BY THE PRESIDENT24
OF COLORADO STATE UNIVERSITY - PUEBLO IN CONSULTATION WITH THE25
DIRECTOR OF THE INSTITUTE.26
(b) T
HE MEMBERS OF THE GOVERNING BOARD SHALL SELECT THE27
1365
-4- CHAIR OF THE GOVERNING BOARD .1
(c) T
HE GOVERNING BOARD SHALL OVERSEE AND GUIDE THE ROLE2
AND MISSION OF THE INSTITUTE. THE GOVERNING BOARD SHALL DIRECT3
THE SPENDING OF ANY MONEY RECEIVED BY THE INSTITUTE .4
(d) T
HE ROLE AND MISSION OF THE GOVERNING BOARD IS TO5
PERIODICALLY AND OBJECTIVELY REVIEW AND ADVISE THE INSTITUTE6
CONCERNING ITS EDUCATION, TRAINING, AND RESEARCH PROGRAM .7
(e) T
HE GOVERNING BOARD SHALL ADVISE ANY COLORADO8
INSTITUTION OF HIGHER EDUCATION THAT SEEKS TO DEVELOP A NEW9
TRANSPORTATION TECHNOLOGY -SPECIFIC CURRICULUM. THE COLORADO10
COMMISSION ON HIGHER EDUCATION SHALL SEEK INPUT FROM THE11
GOVERNING BOARD BEFORE APPROVING ANY TRANSPORTATION12
TECHNOLOGY-RELATED DEGREES OR CERTIFICATIONS .13
(f) T
HE GOVERNING BOARD SHALL CONSULT WITH THE14
TRANSPORTATION TECHNOLOGY CENTER REGARDING THE15
IMPLEMENTATION OF THE ROLE AND MISSION OF THE INSTITUTE .16
(4) (a) T
HE INSTITUTE MAY SPEND ANY MONEY RECEIVED FOR17
INSTITUTE PERSONNEL , CONDUCTING RESEARCH AND TRAINING ,18
PRODUCING AN ANNUAL SYMPOSIUM , AND ROUTINE FACILITY AND19
ADMINISTRATIVE COSTS CONSISTENT WITH FEDERAL STANDARDS .20
(b) T
HE INSTITUTE MAY SEEK, ACCEPT, AND EXPEND GIFTS,21
GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE22
PURPOSES OF THIS SECTION. THE INSTITUTE MAY RECEIVE AND DISBURSE23
OTHER REVENUE GENERATED BY THE INSTITUTE , INCLUDING ANY FEES OR24
INTEREST EARNED ON THE MONEY AND REVENUE GENERATED FROM THE25
SALE OR LICENSE OF INTELLECTUAL PROPERTY AS APPROVED BY THE26
GOVERNING BOARD. THE GOVERNING BOARD MAY SOLICIT , ACCEPT,27
1365
-5- EXPEND, AND DISBURSE ALL MONEY COLLECTED FOR THE INSTITUTE FROM1
THE SOURCES SPECIFIED IN THIS SUBSECTION (4)(b) TO CONDUCT2
RESEARCH AND TRAINING RELATED TO TRANSPORTATION TECHNOLOGY3
AND TO DISSEMINATE THE RESULTS OF SUCH RESEARCH PUBLICLY ,4
CONSISTENT WITH THE ROLE AND MISSION OF THE INSTITUTE .5
(c) T
HE GOVERNING BOARD SHALL APPROVE THE INSTITUTE 'S6
ANNUAL BUDGET.7
(d) T
HE GOVERNING BOARD , IN CONSULTATION WITH THE8
DIRECTOR OF THE INSTITUTE:9
(I) M
UST FUND RESEARCH, EDUCATION, AND TRAINING THROUGH10
AN OPEN, COMPETITIVE PROCESS USING BEST PRACTICES ; AND11
(II) M
AY AWARD RESEARCH FUNDS TO :12
(A) A
NY COLORADO INSTITUTION OF HIGHER EDUCATION AND ANY13
RESEARCH AND TESTING ENTITY ASSOCIATED WITH ANY SUCH14
INSTITUTION; OR15
(B) A
RESEARCH AND TESTING ENTITY THAT IS OPERATING IN16
COMPLIANCE WITH THE REQUIREMENTS OF SECTION 43-1-106 (8)(q) AND17
IS CONDUCTING THE RESEARCH WITH A COLORADO INSTITUTION OF HIGHER18
EDUCATION.19
(e) A
N ENTITY OR INSTITUTION OF HIGHER EDUCATION THAT20
RECEIVES RESEARCH ASSISTANCE AND FUNDING FROM THE INSTITUTE21
SHALL PRESENT ITS RESEARCH RESULTS AT THE INSTITUTE 'S ANNUAL22
SYMPOSIUM IN THE YEAR AFTER THE RESEARCH IS CONCLUDED AND SHALL23
SUBMIT TO THE GOVERNING BOARD ANY REPORTS REQUIRED BY THE24
GOVERNING BOARD.25
(5) (a) T
HE CHIEF EXECUTIVE OFFICER OF THE HOST INSTITUTION26
SHALL SELECT A DIRECTOR, WHO IS THE HEAD OF THE INSTITUTE . THE27
1365
-6- DIRECTOR MUST BE AN EMPLOYEE OF THE HOST INSTITUTION . THE1
GOVERNING BOARD SHALL SERVE AS A SEARCH COMMITTEE TO ADVISE THE2
CHIEF EXECUTIVE OFFICER IN THE HIRING OF THE DIRECTOR AND PROVIDE3
FEEDBACK TO THE CHIEF EXECUTIVE OFFICER FOR USE IN THE DIRECTOR 'S4
ANNUAL EVALUATION.5
(b) T
HE DIRECTOR'S RESPONSIBILITIES INCLUDE MANAGING THE6
INSTITUTE'S BUDGET, OVERSIGHT OF THE INSTITUTE 'S EMPLOYEES,7
IMPLEMENTING THE RESEARCH FUNDING PROCESS , AND DELIVERING THE8
ANNUAL SYMPOSIUM. THE ANNUAL SYMPOSIUM SHALL SERVE AS THE MAIN9
METHOD OF SCIENTIFIC DISSEMINATION OF RESEARCH AND TRAINING10
PROJECTS.11
(6) (a) T
HE DIRECTOR OF THE INSTITUTE SHALL ANNUALLY12
PRODUCE A REPORT FOR THE JOINT B UDGET COMMITTEE AND THE13
EDUCATION COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE14
SENATE, OR ANY SUCCESSOR COMMITTEES , THAT INCLUDES THE15
FOLLOWING INFORMATION :16
(I) A
DESCRIPTION OF THE RESEARCH FUNDED THROUGH THE17
INSTITUTE IN THE PREVIOUS YEAR; AND18
(II) A
N ACCOUNTING OF THE INSTITUTE 'S SPENDING FOR THE19
PREVIOUS YEAR.20
(b) T
HE GOVERNING BOARD SHALL PRODUCE AN ANNUAL REPORT .21
T
HE GOVERNING BOARD SHALL COMMENT ON THE ANNUAL REPORT TO22
ADVISE THE GENERAL ASSEMBLY ON THE EFFICACY OF THE INSTITUTE AND23
SHALL THEN SUBMIT THE ANNUAL REPORT TO THE JOINT TECHNOLOGY24
COMMITTEE.25
(c) N
OTWITHSTANDING THE PROVISIONS OF SECTION 24-1-13626
(11)(a)(I),
THE REPORTING REQUIREMENTS PURSUANT TO THIS SUBSECTION27
1365
-7- (6) CONTINUE INDEFINITELY.1
(7) (a) T
HE INSTITUTE'S HOST INSTITUTION MAY OPT OUT OF THE2
MANAGEMENT OF THE INSTITUTE BY :3
(I) P
ROVIDING AT LEAST ONE FISCAL YEAR 'S NOTICE TO THE4
GOVERNING BOARD, JOINT BUDGET COMMITTEE , AND THE EDUCATION5
COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE , OR6
ANY SUCCESSOR COMMITTEES ; AND7
(II) S
UPPORTING THE INSTITUTE DURING THE TRANSITION YEAR ,8
DURING WHICH TIME THE GOVERNING BOARD SHALL C ONDUCT AN OPEN9
SEARCH FOR A COLORADO NOT-FOR-PROFIT RESEARCH ENTITY OR10
INSTITUTION OF HIGHER EDUCATION WISHING TO HOST THE INSTITUTE .11
(b) T
HE GOVERNING BOARD SHALL NOTIFY THE EDUCATION12
COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE , OR13
ANY SUCCESSOR COMMITTEES , IF IT DETERMINES THAT THE HOST14
INSTITUTION SHOULD BE CHANGED AND THE INSTITUTE RELOCATED . IF THE15
HOST INSTITUTION IS TO BE CHANGED AND THE INSTITUTE RELOCATED , THE16
GOVERNING BOARD SHALL CONDUCT A SEARCH USING NATIONAL BEST17
PRACTICES AND COMPLETE THE TRANSITION IN ONE FISCAL YEAR . THE18
HOST INSTITUTION SHALL CONTINUE TO SUPPORT THE INSTITUTE DURING19
THE TRANSITION. A NEW HOST INSTITUTION MUST HOST THE INSTITUTE FOR20
AT LEAST FIVE YEARS BEFORE ANY SUBSEQUENT RELOCATION UNLESS21
THERE IS REASONABLE CAUSE TO CHANGE THE HOST INSTITUTION BEFORE22
THE FIVE-YEAR PERIOD HAS ELAPSED.23
SECTION 2. Act subject to petition - effective date. This act24
takes effect at 12:01 a.m. on the day following the expiration of the25
ninety-day period after final adjournment of the general assembly; except26
that, if a referendum petition is filed pursuant to section 1 (3) of article V27
1365
-8- of the state constitution against this act or an item, section, or part of this1
act within such period, then the act, item, section, or part will not take2
effect unless approved by the people at the general election to be held in3
November 2022 and, in such case, will take effect on the date of the4
official declaration of the vote thereon by the governor.5
1365
-9-