HOUSE BILL 22-1365
BY REPRESENTATIVE(S) Esgar, Bernett, Bird, Duran,
Gonzales-Gutierrez, Hooton, Jodeh, Kipp, Lindsay, Ricks, Valdez A.,
Valdez D., Bacon, Exum, Lontine, Michaelson Jenet;
also SENATOR(S) Hinrichsen, Bridges, Donovan, Moreno, Simpson,
Story, Fenberg.
C
ONCERNING THE CREATION OF THE SOUTHERN COLORADO INSTITUTE OF
TRANSPORTATION TECHNOLOGY AT
COLORADO STATE UNIVERSITY -
P
UEBLO.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 23-31.5-113 as
follows:
23-31.5-113. Southern Colorado institute of transportation
technology - governing board - powers and duties - report - definitions.
(1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "G
OVERNING BOARD" MEANS THE SOUTHERN COLORADO
INSTITUTE OF TRANSPORTATION TECHNOLOGY GOVERNING BOARD CREATED
IN SUBSECTION
(3) OF THIS SECTION.
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (b) "HOST INSTITUTION" MEANS THE NOT-FOR-PROFIT RESEARCH
ENTITY OR INSTITUTION OF HIGHER EDUCATION WHERE THE SOUTHERN
COLORADO INSTITUTE OF TRANSPORTATION TECHNOLOGY IS LOCATED , AS
SPECIFIED IN SUBSECTION
(2)(a) OF THIS SECTION OR SUBSEQUENTLY
CHANGED IN ACCORDANCE WITH SUBSECTION
(7) OF THIS SECTION.
(c) "I
NSTITUTE" MEANS THE SOUTHERN COLORADO INSTITUTE OF
TRANSPORTATION TECHNOLOGY CREATED IN SUBSECTION
(2) OF THIS
SECTION
.
(2) (a) T
HE SOUTHERN COLORADO INSTITUTE OF TRANSPORTATION
TECHNOLOGY IS HEREBY CREATED
, TO BE LOCATED AT COLORADO STATE
UNIVERSITY
- PUEBLO, THE HOST INSTITUTION, UNLESS A RELOCATION
OCCURS PURSUANT TO SUBSECTION
(7) OF THIS SECTION. THE INSTITUTE
SHALL BE ADMINISTERED BY THE GOVERNING BOARD OF THE INSTITUTE
CREATED IN SUBSECTION
(3) OF THIS SECTION.
(b) T
HE ROLE AND MISSION OF THE INSTITUTE IS TO CONDUCT AND
FACILITATE EDUCATION
, TRAINING, AND RESEARCH ON ISSUES RELATED TO
THE SAFETY
, SECURITY, AND INNOVATION OF RAILROAD , GROUND, AND
INTERMODAL TRANSPORTATION AND GENERAL ISSUES RELATED TO SURFACE
TRANSPORTATION PROBLEMS IN THE STATE
. THE INSTITUTE SHALL ALSO
SERVE AS AN INFORMATION EXCHANGE AND DEPOSITORY FOR THE MOST
CURRENT INFORMATION PERTAINING TO SURFACE TRANSPORTATION
EDUCATION
, RESEARCH, AND RELATED ISSUES, INCLUDING THE ECONOMIC
DEVELOPMENT OF TRANSPORTATION TECHNOLOGY IN
COLORADO AND
NATIONWIDE
. THE INSTITUTE SHALL PUBLICLY DISSEMINATE THE RESULTS OF
THAT RESEARCH
.
(c) T
HE INSTITUTE SHALL BE A CONTINUING RESOURCE FOR THE
GENERAL ASSEMBLY
, THE DEPARTMENT OF TRANSPORTATION , LOCAL
GOVERNMENTS
, THE NATION, AND THE PRIVATE SECTOR IN THE AREA OF
SURFACE TRANSPORTATION AND RELATED RESEARCH
. IN ADDITION, THE
INSTITUTE SHALL PROMOTE SURFACE TRANSPORTATION EDUCATION AND
RESEARCH ACTIVITIES AMONG
COLORADO AND NATIONAL UNIVERSITIES TO
ENHANCE THE UNIVERSITIES
' ABILITY TO ATTRACT FEDERAL AND PRIVATE
SECTOR FUNDING FOR TRANSPORTATION EDUCATION
, TRAINING, AND
RELATED RESEARCH
.
PAGE 2-HOUSE BILL 22-1365 (d) THE INSTITUTE SHALL SERVE AS A COMPETITIVE FUNDING
RESOURCE FOR SMALL
COLORADO BUSINESSES DEVELOPING AND TESTING
SURFACE TRANSPORTATION TECHNOLOGIES
. SUCH SMALL BUSINESSES SHALL
WORK DIRECTLY WITH THE INSTITUTE
, REPORT PROGRESS IN DEVELOPING
SUCH TECHNOLOGIES
, AND REPORT THE POTENTIAL FOR A POSITIVE
ECONOMIC IMPACT ON THE
COLORADO ECONOMY .
(3) (a) T
HE SOUTHERN COLORADO INSTITUTE OF TRANSPORTATION
TECHNOLOGY GOVERNING BOARD IS HEREBY CREATED
. THE GOVERNING
BOARD CONSISTS OF NINE MEMBERS WHO ARE EXPERTS IN
TRANSPORTATION
-RELATED AREAS, INCLUDING:
(I) T
HE EXECUTIVE DIRECTOR OF THE COLORADO DEPARTMENT OF
TRANSPORTATION
, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;
(II) T
HE DIRECTOR OF THE COLORADO OFFICE OF EC ONOMIC
DEVELOPMENT
, OR THE DIRECTOR'S DESIGNEE;
(III) O
NE MEMBER REPRESENTING A STATEWIDE TRANSPORTATION
INDUSTRY STAKEHOLDER IN THE MISSION OF THE INSTITUTE
;
(IV) O
NE MEMBER OF A STATEWIDE LABOR ORGANIZATION
REPRESENTING RAIL WORKERS
;
(V) T
HE PRESIDENT OF COLORADO STATE UNIVERSITY - PUEBLO, OR
THE PRESIDENT
'S DESIGNEE; AND
(VI) FOUR MEMBERS APPOINTED TO THE BOARD BY THE PRESIDENT
OF
COLORADO STATE UNIVERSITY - PUEBLO IN CONSULTATION WITH THE
DIRECTOR OF THE INSTITUTE
.
(b) T
HE MEMBERS OF THE GOVERNING BOARD SHALL SELECT THE
CHAIR OF THE GOVERNING BOARD
.
(c) T
HE GOVERNING BOARD SHALL OVERSEE AND GUIDE THE ROLE
AND MISSION OF THE INSTITUTE
. THE GOVERNING BOARD SHALL DIRECT THE
SPENDING OF ANY MONEY RECEIVED BY THE INSTITUTE
.
(d) T
HE ROLE AND MISSION OF THE GOVERNING BOARD IS TO
PERIODICALLY AND OBJECTIVELY REVIEW AND ADVISE THE INSTITUTE
PAGE 3-HOUSE BILL 22-1365 CONCERNING ITS EDUCATION, TRAINING, AND RESEARCH PROGRAM .
(e) T
HE GOVERNING BOARD MAY ADVISE ANY COLORADO
INSTITUTION OF HIGHER EDUCATION THAT SEEKS TO DEVELOP A NEW
TRANSPORTATION TECHNOLOGY
-SPECIFIC CURRICULUM. THE COLORADO
COMMISSION ON HIGHER EDUCATION MAY SEEK INPUT FROM THE GOVERNING
BOARD BEFORE APPROVING ANY TRANSPORTATION TECHNOLOGY
-RELATED
DEGREES OR CERTIFICATIONS
.
(f) T
HE GOVERNING BOARD MAY CONSULT WITH THE ACADEMIC AND
INDUSTRY LEADERS REGARDING THE IMPLEMENTATION OF THE ROLE AND
MISSION OF THE INSTITUTE
.
(4) (a) T
HE INSTITUTE MAY SPEND ANY MONEY RECEIVED FOR
INSTITUTE PERSONNEL
, CONDUCTING RESEARCH AND TRAINING , PRODUCING
AN ANNUAL SYMPOSIUM
, AND ROUTINE FACILITY AND ADMINISTRATIVE
COSTS CONSISTENT WITH FEDERAL STANDARDS
.
(b) T
HE INSTITUTE MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS,
OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF
THIS SECTION
. THE INSTITUTE MAY RECEIVE AND DISBURSE OTHER REVENUE
GENERATED BY THE INSTITUTE
, INCLUDING ANY FEES OR INTEREST EARNED
ON THE MONEY AND REVENUE GENERATED FROM THE SALE OR LICENSE OF
INTELLECTUAL PROPERTY AS APPROVED BY THE GOVERNING BOARD
. THE
GOVERNING BOARD MAY SOLICIT
, ACCEPT, EXPEND, AND DISBURSE ALL
MONEY COLLECTED FOR THE INSTITUTE FROM THE SOURCES SPECIFIED IN
THIS SUBSECTION
(4)(b) TO CONDUCT RESEARCH AND TRAINING RELATED TO
TRANSPORTATION TECHNOLOGY AND TO DISSEMINATE THE RESULTS OF SUCH
RESEARCH PUBLICLY
, CONSISTENT WITH THE ROLE AND MISSION OF THE
INSTITUTE
.
(c) T
HE GOVERNING BOARD SHALL APPROVE THE INSTITUTE 'S
ANNUAL BUDGET
.
(d) T
HE GOVERNING BOARD, IN CONSULTATION WITH THE DIRECTOR
OF THE INSTITUTE
:
(I) M
UST FUND RESEARCH, EDUCATION, AND TRAINING THROUGH AN
OPEN
, COMPETITIVE PROCESS USING BEST PRACTICES ; AND
PAGE 4-HOUSE BILL 22-1365 (II) MAY AWARD RESEARCH FUNDS TO :
(A) A
NY COLORADO INSTITUTION OF HIGHER EDUCATION AND ANY
RESEARCH AND TESTING ENTITY ASSOCIATED WITH ANY SUCH INSTITUTION
;
OR
(B) A RESEARCH AND TESTING ENTITY THAT IS OPERATING IN
COMPLIANCE WITH THE REQUIREMENTS OF SECTION
43-1-106 (8)(q) AND IS
CONDUCTING THE RESEARCH WITH A
COLORADO INSTITUTION OF HIGHER
EDUCATION
; AND
(C) ANY OTHER RESEARCH AND TESTING ENTITY IN COLORADO THAT
PERFORMS SIMILAR FUNCTIONS TO THE ENTITIES DESCRIBED IN SUBSECTIONS
(4)(d)(II)(A) AND (4)(d)(II)(B) OF THIS SECTION.
(e) A
N ENTITY OR INSTITUTION OF HIGHER EDUCATION THAT
RECEIVES RESEARCH ASSISTANCE AND FUNDING FROM THE INSTITUTE SHALL
PRESENT ITS RESEARCH RESULTS AT THE INSTITUTE
'S ANNUAL SYMPOSIUM
IN THE YEAR AFTER THE RESEARCH IS CONCLUDED AND SHALL SUBMIT TO
THE GOVERNING BOARD ANY REPORTS REQUIRED BY THE GOVERNING BOARD
.
(5) (a) T
HE CHIEF EXECUTIVE OFFICER OF THE HOST INSTITUTION
SHALL SELECT A DIRECTOR
, WHO IS THE HEAD OF THE INSTITUTE . THE
DIRECTOR MUST BE AN EMPLOYEE OF THE HOST INSTITUTION
. THE
GOVERNING BOARD SHALL SERVE AS A SEARCH COMMITTEE TO ADVISE THE
CHIEF EXECUTIVE OFFICER IN THE HIRING OF THE DIRECTOR AND PROVIDE
FEEDBACK TO THE CHIEF EXECUTIVE OFFICER FOR USE IN THE DIRECTOR
'S
ANNUAL EVALUATION
.
(b) T
HE DIRECTOR'S RESPONSIBILITIES INCLUDE MANAGING THE
INSTITUTE
'S BUDGET, OVERSIGHT OF THE INSTITUTE 'S EMPLOYEES,
IMPLEMENTING THE RESEARCH FUNDING PROCESS , AND DELIVERING THE
ANNUAL SYMPOSIUM
. THE ANNUAL SYMPOSIUM SHALL SERVE AS THE MAIN
METHOD OF SCIENTIFIC DISSEMINATION OF RESEARCH AND TRAINING
PROJECTS
.
(6) (a) T
HE DIRECTOR OF THE INSTITUTE SHALL ANNUALLY PRODUCE
A REPORT FOR THE JOINT BUDGET COMMITTEE AND THE EDUCATION
COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE
, OR ANY
SUCCESSOR COMMITTEES
, THAT INCLUDES THE FOLLOWING INFORMATION :
PAGE 5-HOUSE BILL 22-1365 (I) A DESCRIPTION OF THE RESEARCH FUNDED THROUGH THE
INSTITUTE IN THE PREVIOUS YEAR
; AND
(II) AN ACCOUNTING OF THE INSTITUTE 'S SPENDING FOR THE
PREVIOUS YEAR
.
(b) T
HE GOVERNING BOARD SHALL PRODUCE AN ANNUAL REPORT .
T
HE GOVERNING BOARD SHALL COMMENT ON THE ANNUAL REPORT TO
ADVISE THE GENERAL ASSEMBLY ON THE EFFICACY OF THE INSTITUTE AND
SHALL THEN SUBMIT THE ANNUAL REPORT TO THE JOINT TECHNOLOGY
COMMITTEE
.
(c) N
OTWITHSTANDING THE PROVISIONS OF SECTION 24-1-136
(11)(a)(I),
THE REPORTING REQUIREMENTS PURSUANT TO THIS SUBSECTION
(6) CONTINUE INDEFINITELY.
(7) (a) T
HE INSTITUTE'S HOST INSTITUTION MAY OPT OUT OF THE
MANAGEMENT OF THE INSTITUTE BY
:
(I) P
ROVIDING AT LEAST ONE FISCAL YEAR 'S NOTICE TO THE
GOVERNING BOARD
, JOINT BUDGET COMMITTEE , AND THE EDUCATION
COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE
, OR ANY
SUCCESSOR COMMITTEES
; AND
(II) SUPPORTING THE INSTITUTE DURING THE TRANSITION YEAR ,
DURING WHICH TIME THE GOVERNING BOARD SHALL CONDUCT AN OPEN
SEARCH FOR A
COLORADO NOT-FOR-PROFIT RESEARCH ENTITY OR
INSTITUTION OF HIGHER EDUCATION WISHING TO HOST THE INSTITUTE
.
(b) T
HE GOVERNING BOARD SHALL NOTIFY THE EDUCATION
COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE
, OR ANY
SUCCESSOR COMMITTEES
, IF IT DETERMINES THAT THE HOST INSTITUTION
SHOULD BE CHANGED AND THE INSTITUTE RELOCATED
. IF THE HOST
INSTITUTION IS TO BE CHANGED AND THE INSTITUTE RELOCATED
, THE
GOVERNING BOARD SHALL CONDUCT A SEARCH USING NATIONAL BEST
PRACTICES AND COMPLETE THE TRANSITION IN ONE FISCAL YEAR
. THE HOST
INSTITUTION SHALL CONTINUE TO SUPPORT THE INSTITUTE DURING THE
TRANSITION
. A NEW HOST INSTITUTION MUST HOST THE INSTITUTE FOR AT
LEAST FIVE YEARS BEFORE ANY SUBSEQUENT RELOCATION UNLESS THERE IS
REASONABLE CAUSE TO CHANGE THE HOST INSTITUTION BEFORE THE
PAGE 6-HOUSE BILL 22-1365 FIVE-YEAR PERIOD HAS ELAPSED.
SECTION 2. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 7-HOUSE BILL 22-1365 November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 22-1365