SB 172

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.
     SENATE BILL 26-172
     BY SENATOR(S) Hinrichsen and Kipp, Ball, Bridges, Cutter, Exum,
     Gonzales J., Jodeh, Kolker, Lindstedt, Marchman, Sullivan, Coleman;
     also REPRESENTATIVE(S) Boesenecker and Paschal, Bacon, Brown,
     Camacho, Carter, Clifford, Duran, English, Froelich, Hamrick, Jackson,
     Joseph, Lieder, Lindsay, Mauro, McCormick, Nguyen, Ricks, Rutinel,
     Stewart R., Story, Titone, Zokaie, McCluskie.
     CONCERNING 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, repeal (4);
     and add (4.5) as follows:
          32-22-103. Front range passenger rail district - creation -
     purpose - boundaries - reports.
          (4) The area that comprises the district extends from Wyoming to
     New Mexico and includes:
           (a) The entirety of the city and county of Broomfield and the city
     and county of Denver;
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
       (b) All areas within Adams, Arapahoe, Boulder, Douglas, El Paso,
Huerfano, Jefferson, Larimer, Las Animas, and Pueblo 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
are not located within the territory of a metropolitan planning organization
and that are located within five miles of the public right-of-way of interstate
highway 25; and
        (d) All areas within Larimer county that are not located within the
territory of a metropolitan planning organization and that are north of the
city of Fort Collins and located within five miles of the public right-of-way
of interstate highway 25.
    (4.5) THE AREA THAT COMPRISES THE DISTRICT EXTENDS FROM
WYOMING TO NEW MEXICO AND INCLUDES:
       (a) THE ENTIRETY OF THE FOLLOWING MUNICIPALITIES:
       (I) ARVADA;
       (II) BOULDER;
       (III) BOW MAR;
       (IV) BROOMFIELD;
       (V) CENTENNIAL;
       (VI) CHERRY HILLS VILLAGE;
       (VII) COLORADO SPRINGS;
       (VIII) COLUMBINE VALLEY;
       (IX) DENVER;
PAGE 2-SENATE BILL 26-172
     (X) EDGEWATER;
     (XI) ENGLEWOOD;
     (XII) FEDERAL HEIGHTS;
     (XIII) FORT COLLINS;
     (XIV) GLENDALE;
     (XV) GREENWOOD VILLAGE;
     (XVI) LAFAYETTE;
     (XVII) LAKESIDE;
     (XVIII) LAKEWOOD;
     (XIX) LITTLETON;
     (XX) LONGMONT;
     (XXI) LOUISVILLE;
     (XXII) LOVELAND;
     (XXIII) MANITOU SPRINGS;
     (XXIV) MOUNTAIN VIEW;
     (XXV) PUEBLO;
     (XXVI) SHERIDAN;
     (XXVII) STARKVILLE;
     (XXVIII) SUPERIOR;
     (XXIX) TRINIDAD;
PAGE 3-SENATE BILL 26-172
       (XXX) WESTMINSTER; AND
       (XXXI) WHEAT RIDGE.
      (b) THE ENTIRETY OF ANY MUNICIPALITY WHOSE GOVERNING BODY
HAS APPROVED INCLUSION IN THE DISTRICT AND, IF REQUIRED PURSUANT TO
SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, WHOSE ELECTORS
HAVE ALSO APPROVED INCLUSION IN THE DISTRICT.
       (c) THE ENTIRETY OF STERLING RANCH COLORADO METROPOLITAN
DISTRICT NUMBERS ONE THROUGH SEVEN AND ANY METROPOLITAN DISTRICT
ADDED TO THE STERLING R ANCH PLANNED DEVELOPMENT IN
UNINCORPORATED DOUGLAS COUNTY.
      (d) A METROPOLITAN DISTRICT, AS THAT TERM IS DEFINED IN
SECTION 32-1-103, THAT IS NOT WITHIN A MUNICIPALITY, IDENTIFIED BY A
RESOLUTION ADOPTED BY THE BOARD, AND WHOSE GOVERNING BODY HAS
APPROVED INCLUSION IN THE DISTRICT.
        SECTION 2. In Colorado Revised Statutes, 32-22-104, add (1.5)
as follows:
     32-22-104. Board of directors - appointment - meetings -
compensation - conflicts of interest.
      (1.5) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY
DIRECTOR APPOINTED TO THE BOARD ON OR AFTER JULY 1, 2026, WHO IS NOT
A DIRECTOR SERVING ON THE BOARD AS OF JULY 1, 2026, MUST RESIDE
WITHIN THE DISTRICT. NOTHING IN THIS SUBSECTION (1)(h) INVALIDATES AN
APPOINTMENT TO THE BOARD MADE PRIOR TO JULY 1, 2026, OR OTHERWISE
REQUIRES A DIRECTOR APPOINTED TO THE DISTRICT BEFORE JULY 1, 2026, TO
BE REMOVED FROM THE BOARD.
        SECTION 3. In Colorado Revised Statutes, 32-22-106, add (1)(u)
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:
PAGE 4-SENATE BILL 26-172
      (u) TO DIVIDE THE DISTRICT INTO ONE OR MORE SUBDISTRICTS AS
DESCRIBED IN SECTION 32-1-1101 (1)(f) IN ACCORDANCE WITH THE
PROCEDURES DESCRIBED IN SECTION 32-1-1101, TO THE EXTENT
APPLICABLE. A SUBDISTRICT CREATED PURSUANT TO THIS SUBSECTION (1)(u)
HAS THE SAME BOARD, POWERS, DUTIES, FUNCTION, AND FORM AS A
SUBDISTRICT CREATED PURSUANT TO SECTION 32-1-1101 (1)(f), AND THE
BOARD OF A SUBDISTRICT HAS THE SAME POWERS AS THE DISTRICT BOARD AS
DESCRIBED IN THIS SUBSECTION (1); EXCEPT THAT, THE ONLY VOTING
MEMBERS OF THE SUBDISTRICT BOARD MUST BE BOARD DIRECTORS
APPOINTED TO THE BOARD BY AN ENTITY THAT INCLUDES TERRITORY WITHIN
THE SUBDISTRICT AND BOARD DIRECTORS WHO RESIDE WITHIN THE
SUBDISTRICT.
       SECTION 4. In Colorado Revised Statutes, 32-22-109, amend (1)
introductory portion, (1)(b), (1)(c), (2), 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, NO
ACTION BY A SUBDISTRICT 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 SUBDISTRICT
ON THE DATE OF THE STATEWIDE GENERAL ELECTION OR ON THE FIRST
TUESDAY IN NOVEMBER OF AN ODD-NUMBERED YEAR, or of the station area
improvement district in which 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 OR ANY SUBDISTRICT TAX TO THE
REGISTERED ELECTORS OF THE SUBDISTRICT, the district OR SUBDISTRICT
shall:
       (b) Adopt a resolution certifying that the district OR SUBDISTRICT has
made every reasonable effort to secure federal, STATE, OR SPECIAL PURPOSE
AUTHORITY funding to support the development, financing, construction,
operation, or maintenance of the passenger rail system; and
       (c) Approve the submission of the question by an affirmative vote
of two-thirds of all voting directors of the RELEVANT board.
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        (2) No action by the district OR SUBDISTRICT creating a
multiple-fiscal year debt or other financial obligation that is subject to
section 20 (4)(b) of article X of the state constitution shall take effect unless
first submitted to a vote of the registered electors of the district OR
SUBDISTRICT.
       (3) (a) Ballot issues proposed to the registered electors as required
by subsections (1) and (2) of this section 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. ANY DISTRICT OR
SUBDISTRICT BALLOT ISSUE NOTICE REQUIRED BY SECTION 20 (3)(b) OF
ARTICLE X OF THE STATE CONSTITUTION MUST BE INCLUDED IN THE BALLOT
INFORMATION BOOKLET REQUIRED BY SECTION 1 (7.5) OF ARTICLE V OF THE
STATE CONSTITUTION IN THE SAME MANNER AS DESCRIBED IN SECTION
1-40-124.5. THE DISTRICT'S DESIGNATED ELECTION OFFICIAL SHALL PROVIDE
THE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL OF THE GENERAL
ASSEMBLY THE INFORMATION REQUIRED BY SECTION 20 (3)(b) OF ARTICLE
X OF THE STATE CONSTITUTION TO INCLUDE IN THE BALLOT INFORMATION
BOOKLET.
         (b) No later than sixty days before a coordinated or general election,
the district OR SUBDISTRICT 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 OR SUBDISTRICT by resolution of the board. The
content must be certified in English and in any language for which any
county within the district OR SUBDISTRICT must provide a minority language
sample ballot, as defined in section 1-5-903 (2). If the district OR
SUBDISTRICT 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 counties wholly or partially included in the district OR
SUBDISTRICT no later than the fifty-seventh day before the election, in
accordance with section 1-5-203 (1)(a).
       (c) Except for FOLLOWING the certification of the ballot order and
content by the secretary of state required by subsection (3)(b) of this
section, the election 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
STATEWIDE ELECTIONS. The district shall pay the costs incurred by each
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county in conducting the election on behalf of the district OR SUBDISTRICT
WILL BE REIMBURSED as provided for in section 1-7-116 (2)(b) SECTION
1-5-505.5 (1)(a). 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 5. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 7-SENATE BILL 26-172
the support and maintenance of the departments of the state and state
institutions.
____________________________        ____________________________
James Rashad Coleman, Sr.  Julie McCluskie
PRESIDENT OF  SPEAKER OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
____________________________        ____________________________
Esther van Mourik  Vanessa Reilly
SECRETARY OF  CHIEF CLERK OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
       APPROVED________________________________________
                          (Date and Time)
                 _________________________________________
                Jared S. Polis
                GOVERNOR OF THE STATE OF COLORADO
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