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