HOUSE BILL 24-1012
BY REPRESENTATIVE(S) Mauro and Boesenecker, Kipp, Lindstedt,
Mabrey, Brown, Clifford, Daugherty, Duran, Froelich, Hamrick, Herod,
Jodeh, Joseph, Lieder, Lindsay, Marshall, Martinez, McCormick,
McLachlan, Ortiz, Rutinel, Titone, Vigil, Woodrow, McCluskie, Amabile,
Bacon, Hernandez, Parenti, Ricks, Valdez;
also SENATOR(S) Zenzinger and Simpson, Cutter, Exum, Fields, Ginal,
Hinrichsen, Jaquez Lewis, Marchman, Michaelson Jenet, Priola, Sullivan,
Fenberg.
C
ONCERNING THE OPERATIONAL EFFICIENCY OF THE FRONT RANGE
PASSENGER RAIL DISTRICT
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 32-22-103, amend
(2)(d), (2)(e), (2)(f), (4)(b), (4)(c), and (4)(d) as follows:
32-22-103. Front range passenger rail district - creation -
purpose - boundaries. (2) The purpose of the district is to research,
develop, construct, operate, and maintain an interconnected passenger rail
system within the front range that is competitive in terms of travel time for
comparable trips with other modes of surface transportation. In addition to
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. a main North-South passenger rail line, the district shall, as specified in this
article 22:
(d) Coordinate with the department of transportation to ensure that
any district front range passenger rail system is well-integrated into the
state's multimodal transportation system and does not impair the efficiency
or safety of or otherwise adversely affect existing transportation
infrastructure or operations and hold at least one joint meeting annually of
the board and the transportation commission created in section 43-1-106
(1),
WHICH MEETING SHALL INCLUDE AN ANNUAL UPDATE , WHICH MAY BE
PROVIDED BY DISTRICT STAFF
, AND MAY BE HELD IN A MANNER THAT
ALLOWS MEMBERS OF THE BOARD AND COMMISSION TO ATTEND REMOTELY
BY ELECTRONIC MEANS
.
(e) Hold at least one joint meeting annually of the board and the
board of directors of the I-70 coalition, or a successor entity of the coalition,
WHICH MEETING SHALL INCLUDE AN ANNUAL UPDATE , WHICH MAY BE
PROVIDED BY DISTRICT STAFF
, AND MAY BE HELD IN A MANNER THAT
ALLOWS MEMBERS OF THE BOARDS TO ATTEND REMOTELY BY ELECTRONIC
MEANS
, to ensure that any district front range passenger rail system
interconnects with any passenger rail system that serves the interstate
highway 70 mountain corridor; and
(f) Hold at least one joint meeting annually of the board and the
board of directors of the regional transportation district, to discuss and
resolve WHICH MEETING SHALL INCLUDE AN ANNUAL UPDATE , WHICH MAY
BE PROVIDED BY DISTRICT STAFF
, AND MAY BE HELD IN A MANNER THAT
ALLOWS MEMBERS OF THE BOARDS TO ATTEND REMOTELY BY ELECTRONIC
MEANS
, REGARDING operational and interconnectivity issues.
(4) The area that comprises the district extends from Wyoming to
New Mexico and includes:
(b) All areas within Adams, Arapahoe, Boulder, Douglas, El Paso,
Huerfano, Jefferson, Larimer, Las Animas,
AND Pueblo and Weld
counties
that are located within the territory of a metropolitan planning organization
AND ALL AREAS WITHIN WELD COUNTY THAT ARE LOCATED WITHIN THE CITY
OF
LONGMONT AND THE TOWN OF ERIE;
(c) All areas within Huerfano, Las Animas, and Pueblo counties that
PAGE 2-HOUSE BILL 24-1012 are not located within the territory of a metropolitan planning organization
and are located within a county precinct, as defined in section 1-1-104 (30),
that is THAT ARE located wholly or partly within five miles of the public
right-of-way of interstate highway 25; and
(d) All areas within Larimer and Weld counties COUNTY that are not
located within the territory of a metropolitan planning organization and are
located within a county precinct, as defined in section 1-1-104 (30), that is
THAT ARE north of the city of Fort Collins and is located wholly or partly
within five miles of the public right-of-way of interstate highway 25.
SECTION 2. In Colorado Revised Statutes, 32-22-104, amend
(1)(a)(III), (1)(b)(II), and (2)(c) as follows:
32-22-104. Board of directors - appointment - meetings -
compensation - conflicts of interest. (1) The district is governed by a
board of directors, all of whom shall represent the residents of the district,
which consists of:
(a) (III) The governor shall make the initial appointments no later
than April 1, 2022, and the initial directors appointed may act as directors
pending their confirmation by the senate. Directors appointed by the
governor pursuant to this subsection (1)(a) are appointed for four-year terms
THAT RUN THROUGH THE FOURTH DECEMBER 31 FOLLOWING THEIR
APPOINTMENTS
; except that the initial terms of three of the directors other
than the director who is a resident of a county, city and county, or
municipality through which light or commuter rail service was planned as
part of the voter-approved Fastracks transit expansion program of the
regional transportation district but has not been constructed are two years.
T
HE TERMS OF THE DIRECTORS APPOINTED PURSUANT TO THIS SUBSECTION
(1)(a) OTHER THAN THE DIRECTORS INITIALLY APPOINTED COMMENCE ON
JANUARY 1 FOLLOWING THEIR APPOINTMENTS AND RUN THROUGH THE
FOURTH SUCCEEDING
DECEMBER 31. The requirement that one director be
such a resident expires after two four-year terms have been served by a
director who meets the requirement. E
ACH BOARD MEMBER APPOINTED
PURSUANT TO THIS SUBSECTION
(1)(a) HOLDS OFFICE UNTIL THE MEMBER'S
TERM EXPIRES OR UNTIL THE GOVERNOR APPOINTS A SUCCESSOR
.
(b) (II) A director appointed by a metropolitan planning organization
or a council of governments pursuant to subsection (1)(b)(I) of this section
PAGE 3-HOUSE BILL 24-1012 must be or must have been an appointed representative to the board of
directors of the appointing authority and must represent or must have
represented a member local government of the appointing authority that is
wholly or partly included within the district. When appointing such a
director, only members of the board of directors of the appointing authority
who represent a member local government of the appointing authority that
is wholly or partly included within the district may vote on the appointment.
The appointing authorities for such directors shall make initial appointments
no later than March 1, 2022, and the initial directors appointed may act as
directors pending their confirmation by the senate. Directors are appointed
for four-year terms
THAT RUN THROUGH THE FOURTH DECEMBER 31
FOLLOWING THEIR APPOINTMENTS ; except that the initial terms of two of the
directors appointed pursuant to subsection (1)(b)(I)(A) of this section, one
of the directors appointed by each metropolitan planning organization
pursuant to subsection (1)(b)(I)(B) of this section, and the director
appointed pursuant to subsection (1)(b)(I)(D) of this section are two years.
T
HE TERMS OF THE DIRECTORS APPOINTED PURSUANT TO THIS SUBSECTION
(1)(b) OTHER THAN THE DIRECTORS INITIALLY APPOINTED COMMENCE ON
JANUARY 1 FOLLOWING THEIR APPOINTMENTS AND RUN THROUGH THE
FOURTH SUCCEEDING
DECEMBER 31. EACH BOARD MEMBER APPOINTED
PURSUANT TO THIS SUBSECTION
(1)(b) HOLDS OFFICE UNTIL THE MEMBER'S
TERM EXPIRES OR UNTIL THE APPOINTING AUTHORITY APPOINTS A
SUCCESSOR
. By a two-thirds vote of its members, the senate may remove
any member of the board appointed pursuant to subsection (1)(a) of this
section or this subsection (1)(b) for cause.
(2) (c) A majority of the voting directors of the board constitutes a
quorum, and, except as otherwise specifically provided in this article 22, a
majority of a quorum may make binding decisions for the board. Advisory
nonvoting members of the board may participate, in a nonvoting capacity,
in all board meetings, including executive
SESSIONS; EXCEPT THAT, AN
ADVISORY NONVOTING MEMBER OF THE BOARD SHALL NOT PARTICIPATE IN
AN EXECUTIVE SESSION IF THE BOARD DETERMINES THAT A PARTICULAR
MATTER TO BE DISCUSSED IN THE EXECUTIVE SESSION
, AS IDENTIFIED BY THE
BOARD PURSUANT TO SECTION
24-6-402 (4), CONCERNS THE APPOINTING
AUTHORITY FOR THE ADVISORY NONVOTING MEMBER AND SHOULD NOT BE
DISCUSSED WHEN THE ADVISORY NONVOTING MEMBER IS PRESENT
. By a
two-thirds vote of the voting directors of all voting directors of the board,
the board may add additional advisory nonvoting members to the board for
either fixed terms of four years or for service at the pleasure of a majority
PAGE 4-HOUSE BILL 24-1012 of the voting directors of the board.
SECTION 3. In Colorado Revised Statutes, 32-22-105, amend
(1)(a) introductory portion and (1)(a)(VIII) as follows:
32-22-105. Board of directors - powers and duties. (1) (a) Except
as otherwise specifically provided in this article 22, the board, acting by a
majority vote of a quorum of its total membership,
VOTING DIRECTORS shall
exercise and perform all powers, privileges, and duties vested in or imposed
upon the district pursuant to this article 22. The board may delegate any of
its powers to its officers and employees; except that, to ensure that the
public interest is represented in policy decisions, the board shall not
delegate any of the following:
(VIII) The power to enter into contracts on behalf of the district,
including but not limited to intergovernmental agreements and contracts for
public-private partnerships.
SECTION 4. In Colorado Revised Statutes, 32-22-106, add
(1)(c)(I.5) as follows:
32-22-106. District - general powers and duties - funds created.
(1) In addition to any other powers granted to the district by this article 22,
the district has the following powers:
(c) (I.5) E
XCEPT AS OTHERWISE PROVIDED IN SECTION 32-22-105
(1)(a)(VIII),
THE BOARD MAY, TO THE EXTENT THAT IT DEEMS APPROPRIATE,
DELEGATE TO ITS OFFICERS AND EMPLOYEES ITS POWER TO ENTER INTO
CONTRACTS AND AGREEMENTS ON BEHALF OF THE DISTRICT
.
SECTION 5. In Colorado Revised Statutes, 32-22-109, amend
(1)(a) and (3) as follows:
32-22-109. Taxes, assessments, and multiple-fiscal year
borrowing - voter approval required. (1) No action by the district to
establish or increase any tax and no action of the governing body of any
station area improvement district to establish or increase any tax or any
special assessment on real property authorized by this article 22 shall take
effect unless it is first submitted, as applicable, to a vote of the registered
electors of the district or of the station area improvement district in which
PAGE 5-HOUSE BILL 24-1012 the assessment or tax is proposed to be collected. Before submitting a
question to establish any district tax to the registered electors of the district,
the district shall:
(a) Publish a proposed service development plan, an operating
plan
FOR DEVELOPING THE PASSENGER RAIL SERVICE and a detailed financing
plan. The service development plan FOR DEVELOPING THE PASSENGER RAIL
SERVICE
must identify the route and phasing of the passenger rail system to
be funded by the tax. The financing plan must identify committed and
potential financial partners, including but not limited to the regional
transportation district, the federal government, Amtrak, and private
partners; and
(3) (a) Ballot issues proposed to the registered electors as required
by subsections (1) and (2) of this section shall
MUST be submitted in
accordance with the requirements of section 20 of article X of the state
constitution. The action shall not take effect unless a majority of the
registered electors voting on the ballot issue vote to approve the ballot issue.
(b) N
O LATER THAN SIXTY DAYS BEFORE A COORDINATED OR
GENERAL ELECTION
, THE DISTRICT MUST CERTIFY TO THE SECRETARY OF
STATE THE BALLOT TITLES
, CONTENT, AND ORDER OF ALL BALLOT MEASURES
REFERRED TO THE REGISTERED ELECTORS OF THE DISTRICT BY RESOLUTION
OF THE BOARD
. THE CONTENT MUST BE CERTIFIED IN ENGLISH AND IN ANY
LANGUAGE FOR WHICH ANY COUNTY WITHIN THE DISTRICT MUST PROVIDE A
MINORITY LANGUAGE SAMPLE BALLOT
, AS DEFINED IN SECTION 1-5-903 (2).
I
F THE DISTRICT TIMELY CERTIFIES BALLOT CONTENT TO THE SECRETARY OF
STATE
, THE SECRETARY OF STATE MUST CERTIFY THE DISTRICT 'S BALLOT
CONTENT TO THE COUNTY CLERK AND RECORDERS OF ALL C OUNTIES WHOLLY
OR PARTIALLY INCLUDED IN THE DISTRICT NO LATER THAN THE
FIFTY
-SEVENTH DAY BEFORE THE ELECTION , IN ACCORDANCE WITH SECTION
1-5-203 (1)(a).
(c) E
XCEPT FOR THE CERTIFICATION OF THE BALLOT ORDER AND
CONTENT BY THE SECRETARY OF STATE REQUIRED BY SUBSECTION
(3)(b) OF
THIS SECTION
, the election shall
MUST be conducted in substantially the
same manner as county elections, and the county clerk and recorder of each
county in which the election is conducted shall assist the district in
conducting the election. The district shall pay the costs incurred by each
county in conducting such an
THE election ON BEHALF OF THE DISTRICT AS
PAGE 6-HOUSE BILL 24-1012 PROVIDED FOR IN SECTION 1-7-116 (2)(b). No public money of the district
may be used to urge or oppose passage of a ballot issue submitted for voter
approval as required under this section.
SECTION 6. 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 24-1012 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie 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 24-1012