Colorado 2024 Regular Session

Colorado House Bill HB1012 Compare Versions

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1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-0526.01 Jason Gelender x4330
18 HOUSE BILL 24-1012
2-BY REPRESENTATIVE(S) Mauro and Boesenecker, Kipp, Lindstedt,
3-Mabrey, Brown, Clifford, Daugherty, Duran, Froelich, Hamrick, Herod,
4-Jodeh, Joseph, Lieder, Lindsay, Marshall, Martinez, McCormick,
5-McLachlan, Ortiz, Rutinel, Titone, Vigil, Woodrow, McCluskie, Amabile,
6-Bacon, Hernandez, Parenti, Ricks, Valdez;
7-also SENATOR(S) Zenzinger and Simpson, Cutter, Exum, Fields, Ginal,
8-Hinrichsen, Jaquez Lewis, Marchman, Michaelson Jenet, Priola, Sullivan,
9-Fenberg.
9+House Committees Senate Committees
10+Transportation, Housing & Local Government Transportation & Energy
11+A BILL FOR AN ACT
1012 C
11-ONCERNING THE OPERATIONAL EFFICIENCY OF THE FRONT RANGE
12-PASSENGER RAIL DISTRICT
13-.
13+ONCERNING THE OPERATIONAL E FFICIENCY OF THE FRONT RANGE101
14+PASSENGER RAIL DISTRICT.102
15+Bill Summary
16+(Note: This summary applies to this bill as introduced and does
17+not reflect any amendments that may be subsequently adopted. If this bill
18+passes third reading in the house of introduction, a bill summary that
19+applies to the reengrossed version of this bill will be available at
20+http://leg.colorado.gov
21+.)
22+To improve the operational efficiency of the front range passenger
23+rail district (district):
24+! Section 1 of the bill replaces the requirement that the board
25+of the district (board) hold annual joint meetings with the
26+transportation commission, the board of directors of the
27+I-70 coalition or any successor entity, and the board of
28+SENATE
29+3rd Reading Unamended
30+March 18, 2024
31+SENATE
32+Amended 2nd Reading
33+March 15, 2024
34+HOUSE
35+Amended 3rd Reading
36+February 12, 2024
37+HOUSE
38+Amended 2nd Reading
39+February 9, 2024
40+HOUSE SPONSORSHIP
41+Mauro and Boesenecker, Kipp, Lindstedt, Mabrey, Brown, Clifford, Daugherty, Duran,
42+Froelich, Hamrick, Herod, Jodeh, Joseph, Lieder, Lindsay, Marshall, Martinez, McCluskie,
43+McCormick, McLachlan, Ortiz, Rutinel, Titone, Vigil, Woodrow
44+SENATE SPONSORSHIP
45+Zenzinger and Simpson, Cutter, Exum, Fenberg, Fields, Ginal, Hinrichsen, Jaquez Lewis,
46+Marchman, Michaelson Jenet, Priola, Sullivan
47+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
48+Capital letters or bold & italic numbers indicate new material to be added to existing law.
49+Dashes through the words or numbers indicate deletions from existing law. directors of the regional transportation district with a
50+requirement that the board provide an annual update, which
51+may be provided by district staff and may be provided
52+electronically, to each of those entities;
53+! Section 2 eliminates the requirement that board directors
54+appointed by transportation planning organizations be
55+confirmed by the senate; clarifies when the terms of board
56+members begin and end; and prohibits an advisory
57+nonvoting member of the board from participating in an
58+executive session if the board determines that a particular
59+matter to be discussed in the executive session concerns the
60+appointing authority for the advisory nonvoting member
61+and should not be discussed when the advisory nonvoting
62+member is present;
63+! Section 3 establishes that the board exercises its powers by
64+a majority vote of a quorum of its voting directors rather
65+than by a majority vote of a quorum of its total membership
66+and, in conjunction with section 4, clarifies that the board
67+has discretion to delegate its power to enter into contracts
68+and agreements other than intergovernmental agreements
69+and contracts for public-private partnerships to the officers
70+and employees of the district; and
71+! Section 5 changes the name of a state-required district plan
72+for developing rail service to avoid potential confusion that
73+could be caused by similarity between the current name of
74+the plan and the name of a federally required plan.
75+Be it enacted by the General Assembly of the State of Colorado:1
76+SECTION 1. In Colorado Revised Statutes, 32-22-103, amend2
77+(2)(d), (2)(e), (2)(f), (4)(b), (4)(c), and (4)(d)
78+ as follows:3
79+32-22-103. Front range passenger rail district - creation -4
80+purpose - boundaries. (2) The purpose of the district is to research,5
81+develop, construct, operate, and maintain an interconnected passenger rail6
82+system within the front range that is competitive in terms of travel time7
83+for comparable trips with other modes of surface transportation. In8
84+addition to a main North-South passenger rail line, the district shall, as9
85+specified in this article 22:10
86+1012-2- (d) Coordinate with the department of transportation to ensure that1
87+any district front range passenger rail system is well-integrated into the2
88+state's multimodal transportation system and does not impair the3
89+efficiency or safety of or otherwise adversely affect existing4
90+transportation infrastructure or operations and hold at least one joint5
91+meeting annually of the board and the transportation commission created6
92+in section 43-1-106 (1), WHICH MEETING SHALL INCLUDE AN ANNUAL7
93+UPDATE, WHICH MAY BE PROVIDED BY DISTRICT STAFF, AND MAY BE HELD8
94+IN A MANNER THAT ALLOWS MEMBERS OF THE BOARD AND COMMISSION TO9
95+ATTEND REMOTELY BY ELECTRONIC MEANS .10
96+(e) Hold at least one joint meeting annually of the board and the11
97+board of directors of the I-70 coalition, or a successor entity of the12
98+coalition, WHICH MEETING SHALL INCLUDE AN ANNUAL UPDATE , WHICH13
99+MAY BE PROVIDED BY DISTRICT STAFF, AND MAY BE HELD IN A MANNER14
100+THAT ALLOWS MEMBERS OF THE BOARDS TO ATTEND REMOTELY BY15
101+ELECTRONIC MEANS, to ensure that any district front range passenger rail16
102+system interconnects with any passenger rail system that serves the17
103+interstate highway 70 mountain corridor; and18
104+(f) Hold at least one joint meeting annually of the board and the19
105+board of directors of the regional transportation district, to discuss and20
106+resolve WHICH MEETING SHALL INCLUDE AN ANNUAL UPDATE, WHICH MAY21
107+BE PROVIDED BY DISTRICT STAFF, AND MAY BE HELD IN A MANNER THAT22
108+ALLOWS MEMBERS OF THE BOARDS TO ATTEND REMOTELY BY ELECTRONIC23
109+MEANS, REGARDING operational and interconnectivity issues.24
110+(4) The area that comprises the district extends from Wyoming to25
111+New Mexico and includes:26
112+(b) All areas within Adams, Arapahoe, Boulder, Douglas, El Paso,27
113+1012
114+-3- Huerfano, Jefferson, Larimer, Las Animas, AND Pueblo and Weld1
115+counties that are located within the territory of a metropolitan planning2
116+organization
117+AND ALL AREAS WITHIN WELD COUNTY THAT ARE LOCATED
118+3
119+WITHIN THE CITY OF LONGMONT AND THE TOWN OF ERIE;4
120+(c) All areas within Huerfano, Las Animas, and Pueblo counties5
121+that are not located within the territory of a metropolitan planning6
122+organization and are located within a county precinct, as defined in7
123+section 1-1-104 (30), that is THAT ARE located wholly or partly within five8
124+miles of the public right-of-way of interstate highway 25; and9
125+(d) All areas within Larimer and Weld counties COUNTY that are10
126+not located within the territory of a metropolitan planning organization11
127+and are located within a county precinct, as defined in section 1-1-10412
128+(30), that is THAT ARE north of the city of Fort Collins and is located13
129+wholly or partly within five miles of the public right-of-way of interstate14
130+highway 25.15
131+SECTION 2. In Colorado Revised Statutes, 32-22-104, amend16
132+(1)(a)(III), (1)(b)(II), and (2)(c) as follows:17
133+32-22-104. Board of directors - appointment - meetings -18
134+compensation - conflicts of interest. (1) The district is governed by a19
135+board of directors, all of whom shall represent the residents of the district,20
136+which consists of:21
137+(a) (III) The governor shall make the initial appointments no later22
138+than April 1, 2022, and the initial directors appointed may act as directors23
139+pending their confirmation by the senate. Directors appointed by the24
140+governor pursuant to this subsection (1)(a) are appointed for four-year25
141+terms
142+THAT RUN THROUGH THE FOURTH DECEMBER 31 FOLLOWING THEIR
143+26
144+APPOINTMENTS; except that the initial terms of three of the directors other27
145+1012
146+-4- than the director who is a resident of a county, city and county, or1
147+municipality through which light or commuter rail service was planned2
148+as part of the voter-approved Fastracks transit expansion program of the3
149+regional transportation district but has not been constructed are two years.4
150+T
151+HE TERMS OF THE DIRECTORS APPOINTED PURSUANT TO THIS SUBSECTION5
152+(1)(a)
153+OTHER THAN THE DIRECTORS INITIALLY APPOINTED COMMENCE ON6
154+J
155+ANUARY 1 FOLLOWING THEIR APPOINTMENTS AND RUN THROUGH THE
156+7
157+FOURTH SUCCEEDING DECEMBER 31. The requirement that one director be8
158+such a resident expires after two four-year terms have been served by a9
159+director who meets the requirement. E
160+ACH BOARD MEMBER APPOINTED10
161+PURSUANT TO THIS SUBSECTION (1)(a) HOLDS OFFICE UNTIL THE MEMBER'S11
162+TERM EXPIRES OR UNTIL THE GOVERNOR APPOINTS A SUCCESSOR .12
14163
15-Be it enacted by the General Assembly of the State of Colorado:
16-SECTION 1. In Colorado Revised Statutes, 32-22-103, amend
17-(2)(d), (2)(e), (2)(f), (4)(b), (4)(c), and (4)(d) as follows:
18-32-22-103. Front range passenger rail district - creation -
19-purpose - boundaries. (2) The purpose of the district is to research,
20-develop, construct, operate, and maintain an interconnected passenger rail
21-system within the front range that is competitive in terms of travel time for
22-comparable trips with other modes of surface transportation. In addition to
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. a main North-South passenger rail line, the district shall, as specified in this
31-article 22:
32-(d) Coordinate with the department of transportation to ensure that
33-any district front range passenger rail system is well-integrated into the
34-state's multimodal transportation system and does not impair the efficiency
35-or safety of or otherwise adversely affect existing transportation
36-infrastructure or operations and hold at least one joint meeting annually of
37-the board and the transportation commission created in section 43-1-106
38-(1),
39-WHICH MEETING SHALL INCLUDE AN ANNUAL UPDATE , WHICH MAY BE
40-PROVIDED BY DISTRICT STAFF
41-, AND MAY BE HELD IN A MANNER THAT
42-ALLOWS MEMBERS OF THE BOARD AND COMMISSION TO ATTEND REMOTELY
43-BY ELECTRONIC MEANS
44-.
45-(e) Hold at least one joint meeting annually of the board and the
46-board of directors of the I-70 coalition, or a successor entity of the coalition,
47-WHICH MEETING SHALL INCLUDE AN ANNUAL UPDATE , WHICH MAY BE
48-PROVIDED BY DISTRICT STAFF
49-, AND MAY BE HELD IN A MANNER THAT
50-ALLOWS MEMBERS OF THE BOARDS TO ATTEND REMOTELY BY ELECTRONIC
51-MEANS
52-, to ensure that any district front range passenger rail system
53-interconnects with any passenger rail system that serves the interstate
54-highway 70 mountain corridor; and
55-(f) Hold at least one joint meeting annually of the board and the
56-board of directors of the regional transportation district, to discuss and
57-resolve WHICH MEETING SHALL INCLUDE AN ANNUAL UPDATE , WHICH MAY
58-BE PROVIDED BY DISTRICT STAFF
59-, AND MAY BE HELD IN A MANNER THAT
60-ALLOWS MEMBERS OF THE BOARDS TO ATTEND REMOTELY BY ELECTRONIC
61-MEANS
62-, REGARDING operational and interconnectivity issues.
63-(4) The area that comprises the district extends from Wyoming to
64-New Mexico and includes:
65-(b) All areas within Adams, Arapahoe, Boulder, Douglas, El Paso,
66-Huerfano, Jefferson, Larimer, Las Animas,
67-AND Pueblo and Weld
68- counties
69-that are located within the territory of a metropolitan planning organization
70-AND ALL AREAS WITHIN WELD COUNTY THAT ARE LOCATED WITHIN THE CITY
71-OF
72-LONGMONT AND THE TOWN OF ERIE;
73-(c) All areas within Huerfano, Las Animas, and Pueblo counties that
74-PAGE 2-HOUSE BILL 24-1012 are not located within the territory of a metropolitan planning organization
75-and are located within a county precinct, as defined in section 1-1-104 (30),
76-that is THAT ARE located wholly or partly within five miles of the public
77-right-of-way of interstate highway 25; and
78-(d) All areas within Larimer and Weld counties COUNTY that are not
79-located within the territory of a metropolitan planning organization and are
80-located within a county precinct, as defined in section 1-1-104 (30), that is
81-THAT ARE north of the city of Fort Collins and is located wholly or partly
82-within five miles of the public right-of-way of interstate highway 25.
83-SECTION 2. In Colorado Revised Statutes, 32-22-104, amend
84-(1)(a)(III), (1)(b)(II), and (2)(c) as follows:
85-32-22-104. Board of directors - appointment - meetings -
86-compensation - conflicts of interest. (1) The district is governed by a
87-board of directors, all of whom shall represent the residents of the district,
88-which consists of:
89-(a) (III) The governor shall make the initial appointments no later
90-than April 1, 2022, and the initial directors appointed may act as directors
91-pending their confirmation by the senate. Directors appointed by the
92-governor pursuant to this subsection (1)(a) are appointed for four-year terms
93-THAT RUN THROUGH THE FOURTH DECEMBER 31 FOLLOWING THEIR
94-APPOINTMENTS
95-; except that the initial terms of three of the directors other
96-than the director who is a resident of a county, city and county, or
97-municipality through which light or commuter rail service was planned as
98-part of the voter-approved Fastracks transit expansion program of the
99-regional transportation district but has not been constructed are two years.
100-T
101-HE TERMS OF THE DIRECTORS APPOINTED PURSUANT TO THIS SUBSECTION
102-(1)(a) OTHER THAN THE DIRECTORS INITIALLY APPOINTED COMMENCE ON
103-JANUARY 1 FOLLOWING THEIR APPOINTMENTS AND RUN THROUGH THE
104-FOURTH SUCCEEDING
105-DECEMBER 31. The requirement that one director be
106-such a resident expires after two four-year terms have been served by a
107-director who meets the requirement. E
108-ACH BOARD MEMBER APPOINTED
109-PURSUANT TO THIS SUBSECTION
110- (1)(a) HOLDS OFFICE UNTIL THE MEMBER'S
111-TERM EXPIRES OR UNTIL THE GOVERNOR APPOINTS A SUCCESSOR
112-.
113-(b) (II) A director appointed by a metropolitan planning organization
114-or a council of governments pursuant to subsection (1)(b)(I) of this section
115-PAGE 3-HOUSE BILL 24-1012 must be or must have been an appointed representative to the board of
116-directors of the appointing authority and must represent or must have
117-represented a member local government of the appointing authority that is
118-wholly or partly included within the district. When appointing such a
119-director, only members of the board of directors of the appointing authority
120-who represent a member local government of the appointing authority that
121-is wholly or partly included within the district may vote on the appointment.
122-The appointing authorities for such directors shall make initial appointments
123-no later than March 1, 2022, and the initial directors appointed may act as
124-directors pending their confirmation by the senate. Directors are appointed
125-for four-year terms
126-THAT RUN THROUGH THE FOURTH DECEMBER 31
127-FOLLOWING THEIR APPOINTMENTS ; except that the initial terms of two of the
128-directors appointed pursuant to subsection (1)(b)(I)(A) of this section, one
129-of the directors appointed by each metropolitan planning organization
130-pursuant to subsection (1)(b)(I)(B) of this section, and the director
131-appointed pursuant to subsection (1)(b)(I)(D) of this section are two years.
132-T
133-HE TERMS OF THE DIRECTORS APPOINTED PURSUANT TO THIS SUBSECTION
134-(1)(b) OTHER THAN THE DIRECTORS INITIALLY APPOINTED COMMENCE ON
135-JANUARY 1 FOLLOWING THEIR APPOINTMENTS AND RUN THROUGH THE
136-FOURTH SUCCEEDING
137-DECEMBER 31. EACH BOARD MEMBER APPOINTED
138-PURSUANT TO THIS SUBSECTION
139- (1)(b) HOLDS OFFICE UNTIL THE MEMBER'S
140-TERM EXPIRES OR UNTIL THE APPOINTING AUTHORITY APPOINTS A
141-SUCCESSOR
142-. By a two-thirds vote of its members, the senate may remove
143-any member of the board appointed pursuant to subsection (1)(a) of this
144-section or this subsection (1)(b) for cause.
145-(2) (c) A majority of the voting directors of the board constitutes a
146-quorum, and, except as otherwise specifically provided in this article 22, a
147-majority of a quorum may make binding decisions for the board. Advisory
148-nonvoting members of the board may participate, in a nonvoting capacity,
149-in all board meetings, including executive
150-SESSIONS; EXCEPT THAT, AN
151-ADVISORY NONVOTING MEMBER OF THE BOARD SHALL NOT PARTICIPATE IN
152-AN EXECUTIVE SESSION IF THE BOARD DETERMINES THAT A PARTICULAR
153-MATTER TO BE DISCUSSED IN THE EXECUTIVE SESSION
154-, AS IDENTIFIED BY THE
155-BOARD PURSUANT TO SECTION
156-24-6-402 (4), CONCERNS THE APPOINTING
157-AUTHORITY FOR THE ADVISORY NONVOTING MEMBER AND SHOULD NOT BE
158-DISCUSSED WHEN THE ADVISORY NONVOTING MEMBER IS PRESENT
159-. By a
160-two-thirds vote of the voting directors of all voting directors of the board,
161-the board may add additional advisory nonvoting members to the board for
162-either fixed terms of four years or for service at the pleasure of a majority
163-PAGE 4-HOUSE BILL 24-1012 of the voting directors of the board.
164-SECTION 3. In Colorado Revised Statutes, 32-22-105, amend
165-(1)(a) introductory portion and (1)(a)(VIII) as follows:
166-32-22-105. Board of directors - powers and duties. (1) (a) Except
167-as otherwise specifically provided in this article 22, the board, acting by a
168-majority vote of a quorum of its total membership,
169- VOTING DIRECTORS shall
170-exercise and perform all powers, privileges, and duties vested in or imposed
171-upon the district pursuant to this article 22. The board may delegate any of
172-its powers to its officers and employees; except that, to ensure that the
173-public interest is represented in policy decisions, the board shall not
174-delegate any of the following:
175-(VIII) The power to enter into contracts on behalf of the district,
176-including but not limited to intergovernmental agreements and contracts for
177-public-private partnerships.
178-SECTION 4. In Colorado Revised Statutes, 32-22-106, add
179-(1)(c)(I.5) as follows:
180-32-22-106. District - general powers and duties - funds created.
181-(1) In addition to any other powers granted to the district by this article 22,
182-the district has the following powers:
164+13
165+(II) A director appointed by a metropolitan planning organization14
166+or a council of governments pursuant to subsection (1)(b)(I) of this15
167+section must be or must have been an appointed representative to the16
168+board of directors of the appointing authority and must represent or must17
169+have represented a member local government of the appointing authority18
170+that is wholly or partly included within the district. When appointing such19
171+a director, only members of the board of directors of the appointing20
172+authority who represent a member local government of the appointing21
173+authority that is wholly or partly included within the district may vote on22
174+the appointment. The appointing authorities for such directors shall make23
175+initial appointments no later than March 1, 2022, and the initial24
176+directors appointed may act as directors pending their confirmation by the25
177+senate. Directors are appointed for four-year terms THAT RUN THROUGH26
178+THE FOURTH DECEMBER 31 FOLLOWING THEIR APPOINTMENTS; except that27
179+1012
180+-5- the initial terms of two of the directors appointed pursuant to subsection1
181+(1)(b)(I)(A) of this section, one of the directors appointed by each2
182+metropolitan planning organization pursuant to subsection (1)(b)(I)(B) of3
183+this section, and the director appointed pursuant to subsection (1)(b)(I)(D)4
184+of this section are two years. T
185+HE TERMS OF THE DIRECTORS APPOINTED5
186+PURSUANT TO THIS SUBSECTION (1)(b) OTHER THAN THE DIRECTORS6
187+INITIALLY APPOINTED COMMENCE ON JANUARY 1 FOLLOWING THEIR
188+7
189+APPOINTMENTS AND RUN THROUGH THE FOURTH SUCCEEDING DECEMBER8
190+31. EACH BOARD MEMBER APPOINTED PURSUANT TO THIS SUBSECTION9
191+(1)(b)
192+HOLDS OFFICE UNTIL THE MEMBER 'S TERM EXPIRES OR UNTIL THE10
193+APPOINTING AUTHORITY
194+ APPOINTS A SUCCESSOR. By a two-thirds vote of11
195+its members, the senate may remove any member of the board appointed12
196+pursuant to subsection (1)(a) of this section or this subsection (1)(b) for13
197+cause.14
198+(2) (c) A majority of the voting directors of the board constitutes15
199+a quorum, and, except as otherwise specifically provided in this article 22,16
200+a majority of a quorum may make binding decisions for the board.17
201+Advisory nonvoting members of the board may participate, in a nonvoting18
202+capacity, in all board meetings, including executive
203+SESSIONS; EXCEPT19
204+THAT, AN ADVISORY NONVOTING MEMBER OF THE BOARD SHALL NOT20
205+PARTICIPATE IN AN EXECUTIVE SESSION IF THE BOARD DETERMINES THAT21
206+A PARTICULAR MATTER TO BE DISCUSSED IN THE EXECUTIVE SESSION , AS22
207+IDENTIFIED BY THE BOARD PURSUANT TO SECTION 24-6-402 (4), CONCERNS23
208+THE APPOINTING AUTHORITY FOR THE ADVISORY NONVOTING MEMBER AND24
209+SHOULD NOT BE DISCUSSED WHEN THE ADVISORY NONVOTING MEMBER IS25
210+PRESENT. By a two-thirds vote of the voting directors of all voting26
211+directors of the board, the board may add additional advisory nonvoting27
212+1012
213+-6- members to the board for either fixed terms of four years or for service at1
214+the pleasure of a majority of the voting directors of the board.2
215+SECTION 3. In Colorado Revised Statutes, 32-22-105, amend3
216+(1)(a) introductory portion and (1)(a)(VIII) as follows:4
217+32-22-105. Board of directors - powers and duties.5
218+(1) (a) Except as otherwise specifically provided in this article 22, the6
219+board, acting by a majority vote of a quorum of its total membership,7
220+VOTING DIRECTORS shall exercise and perform all powers, privileges, and8
221+duties vested in or imposed upon the district pursuant to this article 22.9
222+The board may delegate any of its powers to its officers and employees;10
223+except that, to ensure that the public interest is represented in policy11
224+decisions, the board shall not delegate any of the following:12
225+(VIII) The power to enter into contracts on behalf of the district,13
226+including but not limited to intergovernmental agreements and contracts14
227+for public-private partnerships.15
228+SECTION 4. In Colorado Revised Statutes, 32-22-106, add16
229+(1)(c)(I.5) as follows:17
230+32-22-106. District - general powers and duties - funds18
231+created. (1) In addition to any other powers granted to the district by this19
232+article 22, the district has the following powers:20
183233 (c) (I.5) E
184-XCEPT AS OTHERWISE PROVIDED IN SECTION 32-22-105
234+XCEPT AS OTHERWISE PROVIDED IN SECTION 32-22-10521
185235 (1)(a)(VIII),
186-THE BOARD MAY, TO THE EXTENT THAT IT DEEMS APPROPRIATE,
187-DELEGATE TO ITS OFFICERS AND EMPLOYEES ITS POWER TO ENTER INTO
188-CONTRACTS AND AGREEMENTS ON BEHALF OF THE DISTRICT
189-.
190-SECTION 5. In Colorado Revised Statutes, 32-22-109, amend
191-(1)(a) and (3) as follows:
192-32-22-109. Taxes, assessments, and multiple-fiscal year
193-borrowing - voter approval required. (1) No action by the district to
194-establish or increase any tax and no action of the governing body of any
195-station area improvement district to establish or increase any tax or any
196-special assessment on real property authorized by this article 22 shall take
197-effect unless it is first submitted, as applicable, to a vote of the registered
198-electors of the district or of the station area improvement district in which
199-PAGE 5-HOUSE BILL 24-1012 the assessment or tax is proposed to be collected. Before submitting a
200-question to establish any district tax to the registered electors of the district,
201-the district shall:
202-(a) Publish a proposed service development plan, an operating
236+THE BOARD MAY , TO THE EXTENT THAT IT DEEMS22
237+APPROPRIATE, DELEGATE TO ITS OFFICERS AND EMPLOYEES ITS POWER TO23
238+ENTER INTO CONTRACTS AND AGREEMENTS ON BEHALF OF THE DISTRICT .24
239+SECTION 5. In Colorado Revised Statutes, 32-22-109, amend25
240+(1)(a) and (3)
241+ as follows:26
242+32-22-109. Taxes, assessments, and multiple-fiscal year27
243+1012
244+-7- borrowing - voter approval required. (1) No action by the district to1
245+establish or increase any tax and no action of the governing body of any2
246+station area improvement district to establish or increase any tax or any3
247+special assessment on real property authorized by this article 22 shall take4
248+effect unless it is first submitted, as applicable, to a vote of the registered5
249+electors of the district or of the station area improvement district in which6
250+the assessment or tax is proposed to be collected. Before submitting a7
251+question to establish any district tax to the registered electors of the8
252+district, the district shall:9
253+(a) Publish a proposed service development plan, an operating10
203254 plan
204-FOR DEVELOPING THE PASSENGER RAIL SERVICE and a detailed financing
205-plan. The service development plan FOR DEVELOPING THE PASSENGER RAIL
206-SERVICE
207- must identify the route and phasing of the passenger rail system to
208-be funded by the tax. The financing plan must identify committed and
209-potential financial partners, including but not limited to the regional
210-transportation district, the federal government, Amtrak, and private
211-partners; and
212-(3) (a) Ballot issues proposed to the registered electors as required
213-by subsections (1) and (2) of this section shall
214- MUST be submitted in
215-accordance with the requirements of section 20 of article X of the state
216-constitution. The action shall not take effect unless a majority of the
217-registered electors voting on the ballot issue vote to approve the ballot issue.
255+FOR DEVELOPING THE PASSENGER RAIL SERVICE and a detailed11
256+financing plan. The service development
257+ plan FOR DEVELOPING THE12
258+PASSENGER RAIL SERVICE must identify the route and phasing of the13
259+passenger rail system to be funded by the tax. The financing plan must14
260+identify committed and potential financial partners, including but not15
261+limited to the regional transportation district, the federal government,16
262+Amtrak, and private partners; and17
263+(3) (a) Ballot issues proposed to the registered electors as required18
264+by subsections (1) and (2) of this section shall MUST be submitted in19
265+accordance with the requirements of section 20 of article X of the state20
266+constitution. The action shall not take effect unless a majority of the21
267+registered electors voting on the ballot issue vote to approve the ballot22
268+issue.23
218269 (b) N
219270 O LATER THAN SIXTY DAYS BEFORE A COORDINATED OR
220-GENERAL ELECTION
221-, THE DISTRICT MUST CERTIFY TO THE SECRETARY OF
222-STATE THE BALLOT TITLES
223-, CONTENT, AND ORDER OF ALL BALLOT MEASURES
224-REFERRED TO THE REGISTERED ELECTORS OF THE DISTRICT BY RESOLUTION
225-OF THE BOARD
226-. THE CONTENT MUST BE CERTIFIED IN ENGLISH AND IN ANY
227-LANGUAGE FOR WHICH ANY COUNTY WITHIN THE DISTRICT MUST PROVIDE A
228-MINORITY LANGUAGE SAMPLE BALLOT
229-, AS DEFINED IN SECTION 1-5-903 (2).
230-I
231-F THE DISTRICT TIMELY CERTIFIES BALLOT CONTENT TO THE SECRETARY OF
232-STATE
233-, THE SECRETARY OF STATE MUST CERTIFY THE DISTRICT 'S BALLOT
234-CONTENT TO THE COUNTY CLERK AND RECORDERS OF ALL C OUNTIES WHOLLY
235-OR PARTIALLY INCLUDED IN THE DISTRICT NO LATER THAN THE
236-FIFTY
237--SEVENTH DAY BEFORE THE ELECTION , IN ACCORDANCE WITH SECTION
238-1-5-203 (1)(a).
271+24
272+GENERAL ELECTION, THE DISTRICT MUST CERTIFY TO THE SECRETARY OF25
273+STATE THE BALLOT TITLES , CONTENT, AND ORDER OF ALL BALLOT26
274+MEASURES REFERRED TO THE REGISTERED ELECTORS OF THE DISTRICT BY27
275+1012
276+-8- RESOLUTION OF THE BOARD. THE CONTENT MUST BE CERTIFIED IN ENGLISH1
277+AND IN ANY LANGUAGE FOR WHICH ANY COUNTY WITHIN THE DISTRICT2
278+MUST PROVIDE A MINORITY LANGUAGE SAMPLE BALLOT , AS DEFINED IN3
279+SECTION 1-5-903 (2). IF THE DISTRICT TIMELY CERTIFIES BALLOT CONTENT4
280+TO THE SECRETARY OF STATE, THE SECRETARY OF STATE MUST CERTIFY5
281+THE DISTRICT'S BALLOT CONTENT TO THE COUNTY CLERK AND RECORDERS6
282+OF ALL COUNTIES WHOLLY OR PARTIALLY INCLUDED IN THE DISTRICT NO7
283+LATER THAN THE FIFTY -SEVENTH DAY BEFORE THE ELECTION , IN8
284+ACCORDANCE WITH SECTION 1-5-203 (1)(a).9
239285 (c) E
240286 XCEPT FOR THE CERTIFICATION OF THE BALLOT ORDER AND
241-CONTENT BY THE SECRETARY OF STATE REQUIRED BY SUBSECTION
242- (3)(b) OF
243-THIS SECTION
244-, the election shall
245- MUST be conducted in substantially the
246-same manner as county elections, and the county clerk and recorder of each
247-county in which the election is conducted shall assist the district in
248-conducting the election. The district shall pay the costs incurred by each
249-county in conducting such an
250- THE election ON BEHALF OF THE DISTRICT AS
251-PAGE 6-HOUSE BILL 24-1012 PROVIDED FOR IN SECTION 1-7-116 (2)(b). No public money of the district
252-may be used to urge or oppose passage of a ballot issue submitted for voter
253-approval as required under this section.
254-SECTION 6. Act subject to petition - effective date. This act
255-takes effect at 12:01 a.m. on the day following the expiration of the
256-ninety-day period after final adjournment of the general assembly; except
257-that, if a referendum petition is filed pursuant to section 1 (3) of article V
258-of the state constitution against this act or an item, section, or part of this act
259-within such period, then the act, item, section, or part will not take effect
260-unless approved by the people at the general election to be held in
261-PAGE 7-HOUSE BILL 24-1012 November 2024 and, in such case, will take effect on the date of the official
262-declaration of the vote thereon by the governor.
263-____________________________ ____________________________
264-Julie McCluskie Steve Fenberg
265-SPEAKER OF THE HOUSE PRESIDENT OF
266-OF REPRESENTATIVES THE SENATE
267-____________________________ ____________________________
268-Robin Jones Cindi L. Markwell
269-CHIEF CLERK OF THE HOUSE SECRETARY OF
270-OF REPRESENTATIVES THE SENATE
271- APPROVED________________________________________
272- (Date and Time)
273- _________________________________________
274- Jared S. Polis
275- GOVERNOR OF THE STATE OF COLORADO
276-PAGE 8-HOUSE BILL 24-1012
287+10
288+CONTENT BY THE SECRETARY OF STATE REQUIRED BY SUBSECTION (3)(b)11
289+OF THIS SECTION, the election shall MUST be conducted in substantially the12
290+same manner as county elections, and the county clerk and recorder of13
291+each county in which the election is conducted shall assist the district in14
292+conducting the election. The district shall pay the costs incurred by each15
293+county in conducting such an THE election ON BEHALF OF THE DISTRICT AS16
294+PROVIDED FOR IN SECTION 1-7-116 (2)(b). No public money of the district17
295+may be used to urge or oppose passage of a ballot issue submitted for18
296+voter approval as required under this section.19
297+SECTION 6. Act subject to petition - effective date. This act20
298+takes effect at 12:01 a.m. on the day following the expiration of the21
299+ninety-day period after final adjournment of the general assembly; except22
300+that, if a referendum petition is filed pursuant to section 1 (3) of article V23
301+of the state constitution against this act or an item, section, or part of this24
302+act within such period, then the act, item, section, or part will not take25
303+effect unless approved by the people at the general election to be held in26
304+1012
305+-9- November 2024 and, in such case, will take effect on the date of the1
306+official declaration of the vote thereon by the governor.2
307+1012
308+-10-