Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0998.01 Jessica Herrera x4218
HOUSE BILL 22-1365
House Committees Senate Committees
Education Transportation & Energy
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
SENATE
Amended 2nd Reading
May 4, 2022
HOUSE
3rd Reading Unamended
April 27, 2022
HOUSE
Amended 2nd Reading
April 26, 2022
HOUSE SPONSORSHIP
Esgar, Bernett, Bird, Duran, Gonzales-Gutierrez, Hooton, Jodeh, Kipp, Lindsay, Ricks,
Valdez A., Valdez D.
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
2
(2) (a) T
HE SOUTHERN COLORADO INSTITUTE OF TRANSPORTATION3
TECHNOLOGY IS HEREBY CREATED , TO BE LOCATED AT COLORADO STATE4
UNIVERSITY - PUEBLO, THE HOST INSTITUTION, UNLESS A RELOCATION5
OCCURS PURSUANT TO SUBSECTION (7) OF THIS SECTION. THE INSTITUTE6
SHALL BE ADMINISTERED BY THE GOVERNING BOARD OF THE INSTITUTE7
CREATED IN SUBSECTION (3) OF THIS SECTION.8
(b) T
HE ROLE AND MISSION OF THE INSTITUTE IS TO CONDUCT AND9
FACILITATE EDUCATION, TRAINING, AND RESEARCH ON ISSUES RELATED TO10
THE SAFETY, SECURITY, AND INNOVATION OF RAILROAD , GROUND, AND11
INTERMODAL TRANSPORTATION AND GENERAL ISSUES RELATED TO12
SURFACE TRANSPORTATION PROBLEMS IN THE STATE . THE INSTITUTE13
SHALL ALSO SERVE AS AN INFORMATION EXCHANGE AND DEPOSITORY FOR14
THE MOST CURRENT INFORMATION PERTAINING TO SURFACE15
TRANSPORTATION EDUCATION , RESEARCH, AND RELATED ISSUES ,16
INCLUDING THE ECONOMIC DEVELOPMENT OF TRANSPORTATION17
TECHNOLOGY IN COLORADO AND NATIONWIDE . THE INSTITUTE SHALL18
PUBLICLY DISSEMINATE THE RESULTS OF THAT RESEARCH .19
(c) T
HE INSTITUTE SHALL BE A CONTINUING RESOURCE FOR THE20
GENERAL ASSEMBLY, THE DEPARTMENT OF TRANSPORTATION , LOCAL21
GOVERNMENTS, THE NATION, AND THE PRIVATE SECTOR IN THE AREA OF22
SURFACE TRANSPORTATION AND RELATED RESEARCH . IN ADDITION, THE23
INSTITUTE SHALL PROMOTE SURFACE TRANSPORTATION EDUCATION AND24
RESEARCH ACTIVITIES AMONG COLORADO AND NATIONAL UNIVERSITIES25
TO ENHANCE THE UNIVERSITIES ' ABILITY TO ATTRACT FEDERAL AND26
PRIVATE SECTOR FUNDING FOR TRANSPORTATION EDUCATION , TRAINING,27
1365
-3- AND RELATED RESEARCH.1
(d) T
HE INSTITUTE SHALL SERVE AS A COMPETITIVE FUNDING2
RESOURCE FOR SMALL COLORADO BUSINESSES DEVELOPING AND TESTING3
SURFACE TRANSPORTATION TECHNOLOGIES . SUCH SMALL BUSINESSES4
SHALL WORK DIRECTLY WITH THE INSTITUTE , REPORT PROGRESS IN5
DEVELOPING SUCH TECHNOLOGIES , AND REPORT THE POTENTIAL FOR A6
POSITIVE ECONOMIC IMPACT ON THE COLORADO ECONOMY .7
(3) (a) T
HE SOUTHERN COLORADO INSTITUTE OF TRANSPORTATION8
TECHNOLOGY GOVERNING BOARD IS HEREBY CREATED . THE GOVERNING9
BOARD CONSISTS OF NINE
MEMBERS WHO ARE EXPERTS IN10
TRANSPORTATION-RELATED AREAS, INCLUDING:11
(I) T
HE EXECUTIVE DIRECTOR OF THE COLORADO DEPARTMENT OF12
TRANSPORTATION, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;13
(II) T
HE DIRECTOR OF THE COLORADO OFFICE OF ECONOMIC14
DEVELOPMENT, OR THE DIRECTOR'S DESIGNEE;15
(III) O
NE MEMBER REPRESENTING A STATEWIDE TRANSPORTATION
16
INDUSTRY STAKEHOLDER IN THE MISSION OF THE INSTITUTE ;17
(IV) ONE MEMBER OF A STATEWIDE LABOR ORGANIZATION18
REPRESENTING RAIL WORKERS ;19
(V) THE PRESIDENT OF COLORADO STATE UNIVERSITY - PUEBLO,20
OR THE PRESIDENT'S DESIGNEE; AND21
(VI) FOUR MEMBERS APPOINTED TO THE BOARD BY THE PRESIDENT22
OF COLORADO STATE UNIVERSITY - PUEBLO IN CONSULTATION WITH THE23
DIRECTOR OF THE INSTITUTE.24
(b) T
HE MEMBERS OF THE GOVERNING BOARD SHALL SELECT THE25
CHAIR OF THE GOVERNING BOARD .26
(c) T
HE GOVERNING BOARD SHALL OVERSEE AND GUIDE THE ROLE27
1365
-4- AND MISSION OF THE INSTITUTE. THE GOVERNING BOARD SHALL DIRECT1
THE SPENDING OF ANY MONEY RECEIVED BY THE INSTITUTE .2
(d) T
HE ROLE AND MISSION OF THE GOVERNING BOARD IS TO3
PERIODICALLY AND OBJECTIVELY REVIEW AND ADVISE THE INSTITUTE4
CONCERNING ITS EDUCATION, TRAINING, AND RESEARCH PROGRAM .5
(e) T
HE GOVERNING BOARD MAY
ADVISE ANY COLORADO6
INSTITUTION OF HIGHER EDUCATION THAT SEEKS TO DEVELOP A NEW7
TRANSPORTATION TECHNOLOGY -SPECIFIC CURRICULUM. THE COLORADO8
COMMISSION ON HIGHER EDUCATION MAY SEEK INPUT FROM THE9
GOVERNING BOARD BEFORE APPROVING ANY TRANSPORTATION10
TECHNOLOGY-RELATED DEGREES OR CERTIFICATIONS .11
(f) T
HE GOVERNING BOARD MAY CONSULT WITH THE ACADEMIC
12
AND INDUSTRY LEADERS REGARDING THE IMPLEMENTATION OF THE ROLE13
AND MISSION OF THE INSTITUTE.14
(4) (a) T
HE INSTITUTE MAY SPEND ANY MONEY RECEIVED FOR15
INSTITUTE PERSONNEL , CONDUCTING RESEARCH AND TRAINING ,16
PRODUCING AN ANNUAL SYMPOSIUM , AND ROUTINE FACILITY AND17
ADMINISTRATIVE COSTS CONSISTENT WITH FEDERAL STANDARDS .18
(b) T
HE INSTITUTE MAY SEEK, ACCEPT, AND EXPEND GIFTS,19
GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE20
PURPOSES OF THIS SECTION. THE INSTITUTE MAY RECEIVE AND DISBURSE21
OTHER REVENUE GENERATED BY THE INSTITUTE , INCLUDING ANY FEES OR22
INTEREST EARNED ON THE MONEY AND REVENUE GENERATED FROM THE23
SALE OR LICENSE OF INTELLECTUAL PROPERTY AS APPROVED BY THE24
GOVERNING BOARD. THE GOVERNING BOARD MAY SOLICIT , ACCEPT,25
EXPEND, AND DISBURSE ALL MONEY COLLECTED FOR THE INSTITUTE FROM26
THE SOURCES SPECIFIED IN THIS SUBSECTION (4)(b) TO CONDUCT27
1365
-5- RESEARCH AND TRAINING RELATED TO TRANSPORTATION TECHNOLOGY1
AND TO DISSEMINATE THE RESULTS OF SUCH RESEARCH PUBLICLY ,2
CONSISTENT WITH THE ROLE AND MISSION OF THE INSTITUTE .3
(c) T
HE GOVERNING BOARD SHALL APPROVE THE INSTITUTE 'S4
ANNUAL BUDGET.5
(d) T
HE GOVERNING BOARD , IN CONSULTATION WITH THE6
DIRECTOR OF THE INSTITUTE:7
(I) M
UST FUND RESEARCH, EDUCATION, AND TRAINING THROUGH8
AN OPEN, COMPETITIVE PROCESS USING BEST PRACTICES ; AND9
(II) M
AY AWARD RESEARCH FUNDS TO :10
(A) A
NY COLORADO INSTITUTION OF HIGHER EDUCATION AND ANY11
RESEARCH AND TESTING ENTITY ASSOCIATED WITH ANY SUCH12
INSTITUTION; OR13
(B) A
RESEARCH AND TESTING ENTITY THAT IS OPERATING IN14
COMPLIANCE WITH THE REQUIREMENTS OF SECTION 43-1-106 (8)(q) AND15
IS CONDUCTING THE RESEARCH WITH A COLORADO INSTITUTION OF HIGHER16
EDUCATION; AND
17
(C) A
NY OTHER RESEARCH AND TESTING ENTITY IN COLORADO
18
THAT PERFORMS SIMILAR FUNCTIONS TO THE ENTITIES DESCRIBED IN19
SUBSECTIONS (4)(d)(II)(A) AND (4)(d)(II)(B) OF THIS SECTION.20
(e) A
N ENTITY OR INSTITUTION OF HIGHER EDUCATION THAT21
RECEIVES RESEARCH ASSISTANCE AND FUNDING FROM THE INSTITUTE22
SHALL PRESENT ITS RESEARCH RESULTS AT THE INSTITUTE 'S ANNUAL23
SYMPOSIUM IN THE YEAR AFTER THE RESEARCH IS CONCLUDED AND SHALL24
SUBMIT TO THE GOVERNING BOARD ANY REPORTS REQUIRED BY THE25
GOVERNING BOARD.26
(5) (a) T
HE CHIEF EXECUTIVE OFFICER OF THE HOST INSTITUTION27
1365
-6- SHALL SELECT A DIRECTOR, WHO IS THE HEAD OF THE INSTITUTE . THE1
DIRECTOR MUST BE AN EMPLOYEE OF THE HOST INSTITUTION . THE2
GOVERNING BOARD SHALL SERVE AS A SEARCH COMMITTEE TO ADVISE THE3
CHIEF EXECUTIVE OFFICER IN THE HIRING OF THE DIRECTOR AND PROVIDE4
FEEDBACK TO THE CHIEF EXECUTIVE OFFICER FOR USE IN THE DIRECTOR 'S5
ANNUAL EVALUATION.6
(b) T
HE DIRECTOR'S RESPONSIBILITIES INCLUDE MANAGING THE7
INSTITUTE'S BUDGET, OVERSIGHT OF THE INSTITUTE 'S EMPLOYEES,8
IMPLEMENTING THE RESEARCH FUNDING PROCESS , AND DELIVERING THE9
ANNUAL SYMPOSIUM. THE ANNUAL SYMPOSIUM SHALL SERVE AS THE MAIN10
METHOD OF SCIENTIFIC DISSEMINATION OF RESEARCH AND TRAINING11
PROJECTS.12
(6) (a) T
HE DIRECTOR OF THE INSTITUTE SHALL ANNUALLY13
PRODUCE A REPORT FOR THE JOINT BUDGET COMMITTEE AND THE14
EDUCATION COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE15
SENATE, OR ANY SUCCESSOR COMMITTEES , THAT INCLUDES THE16
FOLLOWING INFORMATION :17
(I) A
DESCRIPTION OF THE RESEARCH FUNDED THROUGH THE18
INSTITUTE IN THE PREVIOUS YEAR; AND19
(II) A
N ACCOUNTING OF THE INSTITUTE 'S SPENDING FOR THE20
PREVIOUS YEAR.21
(b) T
HE GOVERNING BOARD SHALL PRODUCE AN ANNUAL REPORT .22
T
HE GOVERNING BOARD SHALL COMMENT ON THE ANNUAL REPORT TO23
ADVISE THE GENERAL ASSEMBLY ON THE EFFICACY OF THE INSTITUTE AND24
SHALL THEN SUBMIT THE ANNUAL REPORT TO THE JOINT TECHNOLOGY25
COMMITTEE.26
(c) N
OTWITHSTANDING THE PROVISIONS OF SECTION 24-1-13627
1365
-7- (11)(a)(I), THE REPORTING REQUIREMENTS PURSUANT TO THIS SUBSECTION1
(6)
CONTINUE INDEFINITELY.2
(7) (a) T
HE INSTITUTE'S HOST INSTITUTION MAY OPT OUT OF THE3
MANAGEMENT OF THE INSTITUTE BY :4
(I) P
ROVIDING AT LEAST ONE FISCAL YEAR 'S NOTICE TO THE5
GOVERNING BOARD, JOINT BUDGET COMMITTEE , AND THE EDUCATION6
COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE , OR7
ANY SUCCESSOR COMMITTEES ; AND8
(II) S
UPPORTING THE INSTITUTE DURING THE TRANSITION YEAR ,9
DURING WHICH TIME THE GOVERNING BOARD SHALL C ONDUCT AN OPEN10
SEARCH FOR A COLORADO NOT-FOR-PROFIT RESEARCH ENTITY OR11
INSTITUTION OF HIGHER EDUCATION WISHING TO HOST THE INSTITUTE .12
(b) T
HE GOVERNING BOARD SHALL NOTIFY THE EDUCATION13
COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE , OR14
ANY SUCCESSOR COMMITTEES , IF IT DETERMINES THAT THE HOST15
INSTITUTION SHOULD BE CHANGED AND THE INSTITUTE RELOCATED . IF THE16
HOST INSTITUTION IS TO BE CHANGED AND THE INSTITUTE RELOCATED , THE17
GOVERNING BOARD SHALL CONDUCT A SEARCH USING NATIONAL BEST18
PRACTICES AND COMPL ETE THE TRANSITION IN ONE FISCAL YEAR . THE19
HOST INSTITUTION SHALL CONTINUE TO SUPPORT THE INSTITUTE DURING20
THE TRANSITION. A NEW HOST INSTITUTION MUST HOST THE INSTITUTE FOR21
AT LEAST FIVE YEARS BEFORE ANY SUBSEQUENT RELOCATION UNLESS22
THERE IS REASONABLE CAUSE TO CHANGE THE HOST INSTITUTION BEFORE23
THE FIVE-YEAR PERIOD HAS ELAPSED.24
SECTION 2. Act subject to petition - effective date. This act25
takes effect at 12:01 a.m. on the day following the expiration of the26
ninety-day period after final adjournment of the general assembly; except27
1365
-8- that, if a referendum petition is filed pursuant to section 1 (3) of article V1
of the state constitution against this act or an item, section, or part of this2
act within such period, then the act, item, section, or part will not take3
effect unless approved by the people at the general election to be held in4
November 2022 and, in such case, will take effect on the date of the5
official declaration of the vote thereon by the governor.6
1365
-9-