CO Code § 43-4-1001 (2021)
2021 Colorado Code|Title 43 - Transportation|Article 4 - Financing|Part 10 - Interstate Rail|§ 43-4-1001. Southwest Chief and Front Range Passenger Rail Service in Colorado - Commission - Membership and Powers - Definitions

  As used in this part 10, unless the context otherwise requires:   “Commission” means the southwest chief and front range passenger rail commission created in subsection (2)(a) of this section.    “Front range passenger rail system” means a rail system that transports passengers along the front range and that may include stops at the cities of Fort Collins, Loveland, Longmont, Boulder, Denver, Castle Rock, Colorado Springs, and Pueblo, and includes any appurtenant equipment, buildings, or facilities.    “Fund” means the southwest chief rail line economic development, rural tourism, and infrastructure repair and maintenance fund created in section 43-4-1002.         The southwest chief and front range passenger rail commission is created in the department of transportation. The commission shall exercise its powers and perform its duties as if the same were transferred to the department by a type 1 transfer, as defined in section 24-1-105. The commission consists of the following eleven commissioners:   Five commissioners appointed by the governor as follows:   Two public rail transportation advocates;    Two representatives of class I freight railroads that serve Colorado; and    One resident of Huerfano, Las Animas, Otero, Prowers, or Pueblo county who has publicly advocated for public rail;       One commissioner from each of the following metropolitan planning organizations, as defined in section 43-1-1102 (4), and regional planning commissions, as defined in section 43-1-1102 (5), appointed by the governing body of each organization or commission:   The north front range metropolitan planning organization;    The Denver regional council of governments;    The Pikes Peak area council of governments;    The Pueblo area council of governments; and    The south central council of governments; and       One commissioner who is a representative of the regional transportation district created and existing pursuant to article 9 of title 32, appointed by the board of the district.       In addition to the eleven commissioners, the commission includes the following two appointed advisors, who shall attend commission meetings and advise the commission but are not voting members of the commission:   An employee of the department of transportation, appointed by the executive director of the department; and    An employee of Amtrak, appointed by the president of Amtrak.         Except as otherwise provided in subsection (2)(c)(II) of this section, appointing authorities shall appoint the initial commissioners and appointed advisors of the commission no later than July 1, 2017, for terms commencing on that date. Commissioners appointed pursuant to subsection (2)(a) of this section shall serve for terms of four years; except that the initial terms of one of the commissioners appointed pursuant to subsection (2)(a)(I)(A) of this section, one of the commissioners appointed pursuant to subsection (2)(a)(I)(B) of this section, and the commissioners appointed pursuant to subsections (2)(a)(II)(A), (2)(a)(II)(C), and (2)(a)(II)(E) of this section are two years. The commission shall elect a chair from its members at its first meeting. (c) (I) Except as otherwise provided in subsection (2)(c)(II) of this section, appointing authorities shall appoint the initial commissioners and appointed advisors of the commission no later than July 1, 2017, for terms commencing on that date. Commissioners appointed pursuant to subsection (2)(a) of this section shall serve for terms of four years; except that the initial terms of one of the commissioners appointed pursuant to subsection (2)(a)(I)(A) of this section, one of the commissioners appointed pursuant to subsection (2)(a)(I)(B) of this section, and the commissioners appointed pursuant to subsections (2)(a)(II)(A), (2)(a)(II)(C), and (2)(a)(II)(E) of this section are two years. The commission shall elect a chair from its members at its first meeting.    Commissioners appointed pursuant to subsection (2)(a)(II) of this section shall be appointed no later than May 15, 2017, for terms commencing on July 1, 2017.       Commissioners serve without compensation but receive reimbursement for expenses.         The mission of the commission is:   To assume and complete the mission of the southwest chief rail line economic development, rural tourism, and infrastructure repair and maintenance commission, as it existed prior to July 1, 2017, by continuing to coordinate and oversee efforts by the state and local governments and cooperate with the states of Kansas and New Mexico, Amtrak, and the BNSF railway to ensure that the track repairs and upgrades required for the continuation of existing southwest chief rail service in Colorado are completed, that such service is extended to Pueblo, and that the benefits of extending such service to Walsenburg are fully explored; and    To facilitate the future of front range passenger rail and, in so doing, to specifically develop draft legislation to facilitate the development of a front range passenger rail system that provides passenger rail service in and along the interstate 25 corridor and that is a well-integrated component of a modern, efficient, and cost-effective multimodal transportation system.       In furtherance of its mission, and in addition to its specific obligation to prepare draft legislation as set forth in subsection (3)(c) of this section and its authority to exercise any other powers and perform any other duties specified in this part 10, the commission has the following powers:   To adopt bylaws for the regulation of its affairs and the conduct of its business;    To accept contributions to and expend money from the fund as authorized by section 43-4-1002;    To enter into memorandums of understanding and intergovernmental agreements with agencies and political subdivisions of the state;    To contract for necessary services;    To enter into multistage agreements;    To facilitate the future of front range passenger rail; and    To have and exercise all powers necessary or incidental to or implied from the specific powers and duties granted in this part 10.       The commission shall prepare draft legislation to facilitate the development of a front range passenger rail system that provides passenger rail service in and along the interstate 25 corridor and that is a well-integrated component of a modern, efficient, and cost-effective multimodal transportation system. The commission shall present the draft legislation to the local government committees of the house of representatives and the senate no later than December 1, 2017. The draft legislation may include any provisions that the commission deems necessary to facilitate the development of a front range passenger rail system.        History. Source: L. 2014: Entire part added,(HB 14-1161), ch. 185, p. 685, § 1, effective August 6. L. 2017: Entire section R&RE,(SB 17-153), ch. 225, p. 865, § 2, effective July 1 (see editor's note); IP(2)(a)(II) amended,(SB 17-294), ch. 264, p. 1417, § 118, effective July 1.    Editor's note:   This section takes effect July 1, 2017; however, section 5(2) of SB 17-153 provides that subsection (2)(c) takes effect upon passage, May 22, 2017.