Colorado 2020 Regular Session Status: In Committee 1 D cosponsors

SB 20-151 — Administration Of The RTD Regional Transportation District

Last action — Senate Committee on Judiciary Postpone Indefinitely

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The bill modifies the "Regional Transportation District Act" (Act) as follows: Provides factors for the regional transportation district (district) to consider in making decisions about services, route planning, and rates; Prohibits the district from discriminating against people with disabilities in the provision of transportation services and prohibits discrimination against an individual on the basis of race, color, ethnicity, or national origin in the provision of transportation services. A person who is the subject of a violation of the prohibition can bring a civil suit in state district court. Authorizes the transportation legislation review committee to review the district's compliance with the Act, requires the district to comply with requests for information, and requires the committee to hear public testimony concerning the district's compliance with the prohibitions on discrimination; Adds 2 additional voting board members to be appointed by the governor for 3-year terms, one to represent constituents with disabilities and one with experience in equitable transportation planning; Adds the state treasurer and the executive director of the department of transportation as nonvoting ex-officio members of the board; Establishes contribution limits in the "Fair Campaign Practices Act" for candidates for the board of directors of the district; Requires the board to meet monthly instead of quarterly and to live broadcast its meetings whenever practicable, requires members to be physically present to vote except in the case of a documented medical condition, allows the board to adopt procedures related to the removal of an elected or appointed member, and requires the board to adopt procedures to reduce the compensation of a member who is absent from the member's official duties; Allows the district to provide commercial and retail services at its facilities; Requires the state auditor to conduct audits of the district's pension plans and unfunded pension liability, the district's organization structure and compensation, and the cost-efficiency and effectiveness of the district's competitive vehicular services policies; Provides whistle-blower protections to employees of the district and of entities contracting with the district, includes the district within the scope of the state auditor's fraud hotline, makes the district's directors and certain employees subject to ethics requirements of the state constitution, and clarifies that the district is subject to existing codes of conduct for public employees; and Amends other provisions related to the administration of the district.(Note: This summary applies to this bill as introduced.)

Bill Text

What changed in the latest version

1185 added · 763 removed

Plain-language change summary

The amendment adds a new definition for "paratransit," specifying it as comparable transportation services provided for individuals with disabilities unable to use fixed route transportation systems. Additionally, it simplifies the criteria for deciding on service levels, route planning, and rates by removing specific considerations that were previously listed, such as goals for safety and accessibility, impacts on ridership, and resource distribution. This matters because it clarifies the definition of paratransit and streamlines decision-making processes for transportation services.

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Second Regular Session Seventy-second General Assembly STATE OF COLORADO INTRODUCED LLS NO.
Second Regular Session Seventy-second General Assembly STATE OF COLORADO PREAMENDED This Unofficial Version Includes Committee Amendments Not Yet Adopted on Second Reading LLS NO.
20-0613.01 Megan Waples x4348 SENATE BILL 20-151 SENATE SPONSORSHIP Tate and Rodriguez, HOUSE SPONSORSHIP Jackson and Larson, Senate Committees House Committees Transportation & Energy A BILL FOR AN ACT C ONCERNING THE ADMINISTRATION OF THE REGIONAL TRANSPORTATION DISTRICT .
20-0613.01 Megan Waples x4348 SENATE BILL 20-151 SENATE SPONSORSHIP Tate and Rodriguez, HOUSE SPONSORSHIP Jackson and Larson, Senate Committees House Committees Transportation & Energy Judiciary A BILL FOR AN ACT C ONCERNING THE ADMINISTRATION OF THE REGIONAL TRANSPORTATION DISTRICT .
and ! Amends other provisions related to the administration of -2- SB20-151 the district.
and ! Amends other provisions related to the administration of -2- 151 the district.
Short title.
The short title of this act is the "Accountability, Democracy, and Accessibility in Public Transit Act".
SECTION2.
InColoradoRevisedStatutes,32-9-103,amendthe introductory portion;
and add (9.5) as follows:
32-9-103.
Definitions.
As used in this articleE 9, unless the context otherwise requires:
(9.5) "PARATRANSIT " MEANS COMPARABLE TRANSPORTATION SERVICEPROVIDEDFORINDIVIDUALSWITHDISABILITIESWHOAREUNABLE TO USE FIXED ROUTE TRANSPORTATION SYSTEMS .
SECTION 3.
(3) (a) I MAKING A DECISION ABOUT SERVICE LEVELS ,ROUTE PLANNING ,AND RATES ,THE DISTRICT SHALL CONSIDE:
(3) IN MAKING A DECISION ABOUT SERVICE LEVELS,ROUTE PLANNING ,AND RATES,THE DISTRICT SHALL CONSIDER:
(I) ANY MEASURABLE GOALS AND OBJECTIVES THE DISTRICT HAS ESTABLISHED TO MEET ITS DUTY TO OFFER SAFE , ACCESSIBLE , CONVENIENT ,AND RELIABLE TRANSIT ;
(a) ANY MEASURABLE GOALS AND OBJECTIVES THE DISTRICT HAS ESTABLISHED TO MEET ITS DUTY TO OFFER SAFE , ACCESSIBLE, CONVENIENT ,AND RELIABLE TRANSIT;
(II) THE IMPACT OF THE DECISION ON RIDERSHIP NUMBERS IN A PARTICULAR GEOGRAPHIC AREA AFFECTED BY THE DECISION AND IN THE DISTRICT OVERALL;
-3- 151 (b) THE IMPACT OF THE DECISION ON RIDERSHIP NUMBERS IN A PARTICULAR GEOGRAPHIC AREA AFFECTED BY THE DECISION AND IN THE DISTRICT OVERALL;
(III) E XISTING ACCESS TO TRANSIT SERVICES WITHIN A PARTICULAR GEOGRAPHIC AREA AFFECTED BY THE DECISION AND THE DEMONSTRATED NEED OR DESIRE FOR PUBLIC TRANSIT IN THAT AREA;
(c)EXISTINGACCESSTOTRANSITSERVICESWITHINAPARTICULAR GEOGRAPHICAREAAFFECTEDBYTHEDECISIONANDTHEDEMONSTRATED NEED OR DESIRE FOR PUBLIC TRANSIT IN THAT A;EA (d) THE EQUITABLE DISTRIBUTION OF DISTRICT RESOURCES AND PUBLIC TAX DOLLARS;
(IV) THE EQUITABLE DISTRIBUTION OF DISTRICT RESOURCES AND PUBLIC TAX DOLLARS ;
(e) T HE POTENTIAL FOR A NEGATIVE OR DISPROPORTIONATE IMPACT ON A NEIGHBORHOOD , MUNICIPALITY, REGION, DIRECTOR DISTRICT,OR POLITICAL BODY WITHIN THE DISTR;CT (f)THE POTENTIALOFTHE DECISIONTODIRECTLYORINDIRECTLY DENY THE BENEFITS OF SERVICE TO RIDERS WITH DISABIL;TIES (g) THE ECONOMIC AND SOCIAL BENEFIT OF ACCESS TO TRANSIT SERVICES FOR DISADVANTAGED NEIGHBORHOODS OR COMMUNITIES ;
(V) T HE POTENTIAL FOR A NEGATIVE OR DISPROPORTIONATE -3- SB20-151 IMPACT ON A NEIGHBORHOOD , MUNICIPALITY , REGION, DIRECTOR DISTRICT,OR POLITICAL BODY WITHIN THE DISTRI;T (VI) THE POTENTIAL OF THE DECISION TO DIRECTLY OR INDIRECTLYDENYTHEBENEFITSOFSERVICETORIDERSWITHDISABILITIES ;
(h)W HETHERTHEINTENDEDRESULTWILLIMPROVETHEVALUEOF EXISTING SERVIC;
(VII) THEECONOMICANDSOCIALBENEFITOFACCESSTOTRANSIT SERVICES FOR DISADVANTAGED NEIGHBORHOODS OR COMMUNITIES ;
(i)THE DIRECT AND INDIRECT IMPACT ON AIR POLLUTION IN THE DISTRICT;
(VIII) WHETHERTHEINTENDEDRESULTWILLIMPROVETHEVALUE OF EXISTING SERVIC;
(j)THEEFFECTOFAPARTICULARROUTE SERVICE,ORRATEONTHE LONG TERM FINANCIAL HEALTH OF THE DISTRIC;AND (k) SUCH OTHER FACTORS AS THE DISTRICT DETERMINES ARE RELEVANT .
(IX) THE DIRECTANDINDIRECT IMPACT ONAIRPOLLUTIONINTHE DISTRICT;
SECTION 4.
(X) T HE EFFECT OF A PARTICULAR ROUT,SERVICE,OR RATE ON THE LONG TERM FINANCIAL HEALTH OF THE DISTRIC;AND (XI) S UCH OTHER FACTORS AS THE DISTRICT DETERMINES ARE RELEVANT .
(b) T HE FACTORS DESCRIBED IN SUBSECTION (3)(a)OF THIS SECTION ARE NOT EXCLUSIVE OF EACH OTHER,AND THE DISTRICT SHALL NOT CONSIDER ANY ONE FACTOR TO BE DISPOSITIVE IN ITS DECISION-MAKING .
SECTION 2.
Discrimination prohibited - civil action - report - definitions.
Discrimination prohibited - civil action - report - -4- 151 definitions.
(1) FR THE PURPOSES OF THIS SECTION , UNLESS THE CONTEXT OTHERWISE REQUIRES :
(1) OR THE PURPOSES OF THIS SECTION , UNLESS THE CONTEXT OTHERWISE REQUIRES :
-4- SB20-151 (b) "QUALIFIED INDIVIDUAL WITH A DISABILI"OR INDIVIDUAL WITH A DISABILITY" HAS THE SAME MEANING AS SET FORTH IN THE FEDERAL "A MERICANS WITH DISABILITIEA CT OF1990",42U.S.C.
(b) "QUALIFIED INDIVIDUAL WITH A DISABILI"OR INDIVIDUAL WITH A DISABILITY" HAS THE SAME MEANING AS SET FORTH IN THE FEDERAL "A MERICANS WITH DISABILITIEA CT OF1990",42U.S.C.
12101 ET SEQ.,AND ITS RELATED AMENDMENTS AND IMPLEMENTING REGULATIONS .
12101 ET SEQ .,AND ITS RELATED AMENDMENTS AND IMPLEMENTING REGULATIONS .
(2) (a) THE DISTRICT SHALL NOT DISCRIMINATE AGAINST AN INDIVIDUAL WITH A DISABILITY ON THE BASIS OF SUCH DISABILITY IN CONNECTION WITH THE PROVISION OF TRANSPORTATION SERVICE .
(2) (a) THE DISTRICT SHALL NOT , DIRECTLY OR THROUGH CONTRACTUAL ,LICENSING,OR OTHER ARRANGEMENTS ,DISCRIMINATE AGAINST AN INDIVIDUAL WITH A DISABILITY ON THE BASIS OF SUCH DISABILITY IN CONNECTION WITH THE PROVISION OF TRANSPORTATION SERVICE.
D ISCRIMINATION AGAINST AN INDIVIDUAL WITH A DISABILITY INCLU:ES (I) NOTWITHSTANDING THE PROVISION OF ANY SPECIAL TRANSPORTATIONSERVICE TO INDIVIDUALS WITH DISABILITIE,DENYING ANINDIVIDUALWITHADISABILITYONTHEBASISOFTHATDISABILITYTHE OPPORTUNITYTOUSETHEDISTRICT SSERVICESFORTHEGENERALPUBLIC , IF THE INDIVIDUAL IS CAPABLE OF USING THAT SERV;CE (II) R EQUIRING AN INDIVIDUAL WITH A DISABILITY TO USE DESIGNATED PRIORITY SEATS,IF THE INDIVIDUAL DOES NOT CHOOSE TO USE THOSE SEATS;
DISCRIMINATION AGAINST AN INDIVIDUAL WITH A DISABILITY INCLUDES :
(III) REQUIRING THAT AN INDIVIDUAL WITH A DISABILITY BE ACCOMPANIED BY AN ATTENDANT ;OR (IV) FAILING TO MAKE REASONABLE MODIFICATIONSINPOLICIES, PRACTICES,ORPROCEDURESWHENNECESSARYTOAVOIDDISCRIMINATION ON THE BASIS OF DISABILITY OR TO PROVIDE ACCESSIBILITY TO THE DISTRICTS SERVICES,UNLESS:
(I) NOTWITHSTANDING THE PROVISION OF ANY SPECIAL TRANSPORTATION SERVICE TO INDIVIDUALSWITHDISABILITIES,DENYING ANINDIVIDUALWITHADISABILITYONTHEBASISOFTHATDISABILITYTHE OPPORTUNITYTOUSETHEDISTRICT SSERVICESFORTHEGENERALPUBLIC , IF THE INDIVIDUAL IS CAPABLE OF USING THAT SERV;CE (II) R EQUIRING AN INDIVIDUAL WITH A DISABILITY TO USE DESIGNATED PRIORITY SEATS,IF THE INDIVIDUAL DOES NOT CHOOSE TO USE THOSE SEATS;
(III) REQUIRING THAT AN INDIVIDUAL WITH A DISABILITY BE ACCOMPANIED BY AN ATTENDANT ;
-5- 151 (IV) E XCLUDING PARATRANSIT FARES FROM A DISCOUNT FARE PROGRAM THAT OFFERS A DISCOUNTED RATE FOR RIDERS ON A PER-RIDE BASIS BASED ON ELIGIBILITY CRITERIA SUCH AS ,INCOME ,OR OTHER CRITERIA;OR (V) FAILING TO MAKE REASONABLE MODIFICATIONS IN POLICIE, PRACTICES,ORPROCEDURESWHENNECESSARYTOAVOIDDISCRIMINATION ON THE BASIS OF DISABILITY OR TO PROVIDE ACCESSIBILITY TO THE DISTRICTS SERVICES,UNLESS:
(B) G RANTING A REQUEST FOR MODIFICATION WOULD CREATE A -5- SB20-151 DIRECT THREAT TO THE HEALTH OR SAFETY OF OTHERS;OR (C) W ITHOUT THE REQUESTED MODIFICATION ,THE INDIVIDUAL WITH A DISABILITY IS ABLE TO FULLY USE THE DISTRI'S SERVICES OR ACTIVITIES FOR THEIR INTENDED PURPOS.
(B) G RANTING A REQUEST FOR MODIFICATION WOULD CREATE A DIRECT THREAT TO THE HEALTH OR SAFETY OF OTHERS;OR (C) W ITHOUT THE REQUESTED MODIFICATION , THE INDIVIDUAL WITH A DISABILITY IS ABLE TO FULLY USE THE DISTRIS SERVICES OR ACTIVITIES FOR THEIR INTENDED PURPOS.
(b) IN ADDITION TO ANY OTHER REQUIREMENTS ,A FAILURE TO COMPLY WITH THE FEDERAL "A MERICANS WITH D ISABILITIEA CT OF 1990",42U.S.C.
(b) IN ADDITION TO ANY OTHER REQUIREMENTS , A FAILURE TO COMPLY WITH THE FEDERAL "AMERICANS WITH DISABILITIESACT OF 1990",42U.S.C.
(3) (a) T HE DISTRICT SHALL NOT DISCRIMINATE AGAINST AN INDIVIDUAL ON THE BASIS OF RACE ,COLOR ,ETHNICITY,OR NATIONAL ORIGIN IN CONNECTION WITH THE PROVISION OF TRANSPORTATION SERVICE .
(3) (a) THE DISTRICT SHALL NOT , DIRECTLY OR THROUGH CONTRACTUAL ,LICENSING,OR OTHER ARRANGEMENTS ,DISCRIMINATE AGAINST AN INDIVIDUAL ON THE BASIS OF RAC,COLOR ,ETHNICITY,OR NATIONAL ORIGIN IN CONNECTION WITH THE PROVISION OF TRANSPORTATIONSERVICE .DISCRIMINATIONUNDERTHISSUBSECTION (3) INCLUDES ,ON THE BASIS OF RACE ,COLOR ,ETHNICITY, OR NATIONAL -6- 151 ORIGIN:
ISCRIMINATION UNDER THIS SUBSECTION(3)INCLUDES :
(I)DENYINGAPERSONASERVICEOROTHERBENEFITPROVIDEDBY THE DISTRIC;
(I) PLANNING ,PROVIDING ,OR MAINTAINING TRANSPORTATION SERVICES IN A WAY THAT CREATES A DISPARATE IMPACT IN SERVICE LEVELS BETWEEN THE POPULATION OF THE DISTRICT AS A WHOLE AND SUBGROUPS OF THE POPULATION BASED ON RACE ,COLOR ,ETHNICITY,OR NATIONAL ORIGIN , INCLUDING ESTABLISHED NEIGHBORHOODS OR COMMUNITIES SHARING THOSE CHARACTERISTICS .F OR THE PURPOSES OF THIS SUBSECTION (3)(a)(I), DISPARATE IMPACT " MEANS A DISPROPORTIONATELY ADVERSE IMPACT AGAINST ANY GROUP REFERENCED IN THIS SUBSECTION(3)THAT PROHIBITS OR SIGNIFICANTLY RESTRICTS THEIR ABILITY TO RECEIVE THE FULL BENEFITS OF THE DISTRICTS SERVICES.
(II)PROVIDING A SERVICE OROTHER BENEFIT THAT IS DIFFER,NT OR IS PROVIDED IN A DIFFERENT MANNER, THAN WHAT THE DISTRICT PROVIDES TO OTHERS;
(II) ON THE BASIS OF RACE, COLOR ,ETHNICITY,OR NATIONAL ORIGIN:
(III) SUBJECTING A PERSON TO SEGREGATION OR SEPARATE TREATMENT IN THE PROVISION OF SERVICES OR ANY OTHER BENE;IT (IV) RESTRICTING A PERSON IN ANY WAY IN THE ENJOYMENT OF THE SERVICES OR BENEFITS PROVIDED BY THE DISTR;OR (V) D ENYING A PERSON AN OPPORTUNITY TO PARTICIPATE IN A PLANNING ,ADVISORY ,OR OTHER CAPACITY THAT IS AVAILABLE TO OTHERS .
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(A) D ENYING A PERSON A SERVICE OR OTHER BENEFIT PROVIDED -6- SB20-151 BY THE DISTRIC;
(b) IN ADDITION TO ANY OTHER REQUIREMENTS,A FAILURE TO COMPLYWITHTITLE VI OFTHEFEDERAL "C IVIR IGHTSACTOF 1964",42 U.S.C.
(B) PROVIDING A SERVICE OROTHER BENEFIT THAT IS DIFFER,NT OR IS PROVIDED IN A DIFFERENT MANNER ,THAN WHAT THE DISTRICT PROVIDES TO OTHERS;
(C) SUBJECTING A PERSON TO SEGREGATION OR SEPARATE TREATMENT IN THE PROVISION OF SERVICES OR ANY OTHER BENEF;T (D) R ESTRICTING A PERSON IN ANY WAY IN THE ENJOYMENT OF THE SERVICES OR BENEFITS PROVIDED BY THE DISTR;OR (E) D ENYING A PERSON AN OPPORTUNITY TO PARTICIPATE IN A PLANNING ,ADVISORY , OR OTHER CAPACITY THAT IS AVAILABLE TO OTHERS .
(b) IN ADDITION TO ANY OTHER REQUIREMENTS ,A FAILURE TO COMPLYWITHTITLE VI OFTHEFEDERAL "CIVILRIGHTSA CTOF 1964",42 U.S.C.
2000e ET SEQ .
2000d ET SEQ .AND ITS RELATED AMENDMENTS AND IMPLEMENTING REGULATIONS CONSTITUTES A VIOLATION OF THIS SUBSECTION (3).
AND ITS RELATED AMENDMENTS AND IMPLEMENTING REGULATIONS CONSTITUTES A VIOLATION OF THIS SUBSECTION (3).
(4) (a) AN INDIVIDUAL WHO IS SUBJECT TO A VIOLATION OF SUBSECTION (2) OR (3) OF THIS SECTION OCCURRING ON OR AFTER JANUARY 1, 2022MAY BRING A CIVIL SUIT AGAINST THE DISTRICT IN STATE DISTRICT COURT SEEKING ANY OF THE FOLLOWING REMEDI:S (I) AOURTORDERREQUIRINGCOMPLIANCEWITHTHEPROVISIONS OF THE APPLICABLE SUBSECTIO;
(4) (a) AN INDIVIDUAL WHO IS SUBJECT TO A VIOLATION OF SUBSECTION (2)OR(3)OFTHISSECTIONMAYBRINGACIVILSUIT AGAINST THEDISTRICT INSTATE DISTRICT COURTSEEKINGANYOFTHEFOLLOWING REMEDIES :
(II) THE RECOVERY OF ACTUAL ECONOMIC DAMAGES ;EXCEPT THAT THE MAXIMUM AMOUNT OF ECONOMIC DAMAGES THAT MAY BE RECOVERED IN AN ACTION UNDER THIS SECTION :S -7- 151 (A) FOR AN INJURY TO ONE PERSON FOR A SINGLE INCIDE,THE SUM OF THREE HUNDRED FIFTY THOUSAND DOLLARS ;
(I) ACOURTORDERREQUIRINGCOMPLIANCEWITHTHEPROVISIONS OF THE APPLICABLE SUBSECTIO;
(B) F OR AN INJURY TO TWO OR MORE PERSONS FOR A SINGLE INCIDENT, THE SUM OF NINE HUNDRED NINETY THOUSAND DOLLARS ;
(II) ACTUAL MONETARY DAMAGES ;AND (III) CMPENSATORY DAMAGES FOR OTHER PECUNIARY LOSSES , EMOTIONAL PAIN AND SUFFERING ,INCONVENIENCE ,MENTAL ANGUISH , LOSS OF ENJOYMENT OF LIF,AND OTHER NONPECUNIARY LOSSES .
EXCEPT THAT NO PERSON SHALL RECOVER MORE THAN THREE HUNDRED FIFTY THOUSAND DOLLARS ;OR (III) A STATUTORY FINE OF THREE THOUSAND FIVE HUNDRED DOLLARS .
(b) IF THE PLAINTIFF IS THE PREVAILING PARTY IN AN ACTION -7- SB20-151 UNDER THIS SUBSECTION (4),THE COURT SHALL AWARD REASONABLE ATTORNEY FEES AND COSTS TO THE PLAINTIFF.
(b) FOR THE PURPOSES OF A CLAIM BROUGHT UNDER THIS SUBSECTION (4) FOR A CONSTRUCTION -RELATED ACCESSIBILITY VIOLATION,THEVIOLATIONMUSTBECONSIDEREDASINGLEINCIDENTAND NOT AS SEPARATE VIOLATIONS FOR EACH DAY THE CONSTRUCTION -RELATED ACCESSIBILITY VIOLATION EXIS.S (c) IF THE PLAINTIFF IS THE PREVAILING PARTY IN AN ACTION UNDER THIS SUBSECTION (4),THE COURT SHALL AWARD REASONABLE ATTORNEY FEES AND COSTS TO THE PLAINTIF.
(c) A CLAIM FILED UNDER THIS SUBSECTION(4)FOR INJUNCTIVE RELIEF,MONETARY DAMAGES ,OR OTHER COMPENSATORY DAMAGES IS NOT SUBJECT TO THE "COLORADO GOVERNMENTAL IMMUNITY A CT", ARTICLE 10 OF TITL24.
(d) A CLAIM FILED UNDER THIS SUBSECTIO(4)FOR INJUNCTIVE RELIEF,MONETARY DAMAGES ,OR A STATUTORY FINE IS NOT SUBJECT TO THE "COLORADO GOVERNMENTAL IMMUNITY ACT",ARTICLE10 OFTITLE 24.
(5) T HE RIGHTS,REMEDIES,AND OBLIGATIONS OF THIS SECTION ARE IN ADDITION TO ANY RIGHT,REMEDIES ,AND OBLIGATIONS IN STATE AND FEDERAL LAW RELATED TO DISCRIMINATION ;EXCEPT THAT , IF A PLAINTIFFASSERTSCLAIMSUNDERTHISSECTIONANDUNDERAPPLICABLE FEDERAL LAW OR OTHER APPLICABLE STATE LAW ,THE PLAINTIFF MAY RECOVER UNDER THIS SECTION ONLY ONCE FOR THE SAME INJURIES , DAMAGES ,OR LOSSES.
(5) AN INDIVIDUAL MAY PROVE A CLAIM UNDER SUBSECTION(4) OF THIS SECTION BY ESTABLISHING INTENTIONAL DISCRIMINATION , DISPARATETREATMENT ,DISPARATEIMPACT,OR,FORANINDIVIDUALWITH A DISABILIT,FAILURE TO MAKE A REASONABLE ACCOMMODATION .
(6) O N OR BEFOREJANUARY 1, 2021,THE BOARD OF DIRECTORS SHALLSUBMITTOTHETRANSPORTATIONLEGISLATIONREVIEWCOMMITTEE A REPORT DESCRIBING HOW IT WILL ENSURE COMPLIANCE WITH THE REQUIREMENTS OF SUBSECTIONS (2)AND (3)OF THIS SECTIO.
(6) THE RIGHTS,REMEDIES ,AND OBLIGATIONS OF THIS SECTION ARE IN ADDITION TO ANY RIGHTREMEDIES ,AND OBLIGATIONS IN STATE AND FEDERAL LAW RELATED TO DISCRIMINATION ;EXCEPT THAT ,IF A -8- 151 PLAINTIFFASSERTSCLAIMSUNDERTHISSECTIONANDUNDERAPPLICABLE FEDERAL LAW OR OTHER APPLICABLE STATE LAW ,THE PLAINTIFF MAY RECOVER UNDER THIS SECTION ONLY ONCE FOR THE SAME INJURIES , DAMAGES ,OR LOSSES.
(7) ON OR BEFORE JANUARY 1, 2021THE BOARD OF DIRECTORS SHALLSUBMITTOTHETRANSPORTATIONLEGISLATIONREVIEWCOMMITTEE A REPORT DESCRIBING HOW IT WILL ENSURE COMPLIANCE WITH THE REQUIREMENTS OF SUBSECTIONS (2)AND (3)OF THIS SECTIO.
Legislativeoversight-repeal.(1) FHEPURPOSE OF PROVIDING LEGISLATIVE OVERSIGHT OF THE OPERATION OF THE DISTRICT,THE TRANSPORTATION LEGISLATION REVIEW COMMITTEE OR ANY SUCCESSOR COMMITTEE MAY REVIEW THE DISTRICT 'S COMPLIANCE WITH ANY REQUIREMENTS OF THIS ARTICLE 9.
Legislativeoversight-AmericanswithDisabilities Act advisory council- repeal.
THE DISTRICT SHALL COMPLY WITH REQUESTS FOR REPORTS ,INFORMATION ,AND DOCUMENTS FROM THE COMMITTEE TO ASSIST IN ITS REVIE.
(1) OR THE PURPOSE OF PROVIDING LEGISLATIVE OVERSIGHT OF THE OPERATION OF THE DISTRICT ,THE TRANSPORTATION LEGISLATION REVIEW COMMITTEE OR ANY SUCCESSOR COMMITTEE MAY REVIEW THE DISTRICT 'S COMPLIANCE WITH ANY REQUIREMENTS OF THIS ARTICLE 9.
(2) (a) BEGINNING IN2020,THE TRANSPORTATION LEGISLATION REVIEW COMMITTEE SHALL ALLOW PUBLIC TESTIMONY CONCERNING THE DISTRICTSCOMPLIANCEWITHSECTION 32-9-107.3(2)AND (3)DURINGAT -8- SB20-151 LEAST ONE MEETING OF THE COMMITTEE OCCURRING AFTER ULY 1 BUT BEFORE SEPTEMBER 30 EACH YEAR.
HE DISTRICT SHALL COMPLY WITH REQUESTS FOR REPORTS ,INFORMATION ,AND DOCUMENTS FROM THE COMMITTEE TO ASSIST IN ITS REVI.W (2) (a) BGINNING IN2020, THE TRANSPORTATION LEGISLATION REVIEW COMMITTEE SHALL ALLOW PUBLIC TESTIMONY CONCERNING THE DISTRICTSCOMPLIANCEWITHSECTION 32-9-107.3(2)AND (3DURINGAT LEAST ONE MEETING OF THE COMMITTEE OCCURRING AFTER JULY 1BUT BEFORE SEPTEMBER 30EACH YEAR .
(b) THIS SUBSECTION(2) IS REPEALE,EFFECTIVE OCTOBER 1, 2025.
(b) T HIS SUBSECTION(2)IS REPEALED,EFFECTIVE O CTOBER 1, 2025.
SECTION 3.
(3) (a) TERE ISESTABLISHED ANAMERICANSWITH D ISABILITIES A CT ADVISORY COUNCIL TO THE SENATE JUDICIARY COMMITTEE , REFERRED TO IN THIS SUBSECTION(3)AS THE COUNCIL.
THE COUNCIL'S PURPOSEISTOEVALUATEANDMAKERECOMMENDATIONSTOTHESENATE -9- 151 JUDICIARY COMMITTEE ON THE DISTRICT S COMPLIANCE WITH THE FEDERAL "AMERICANSWITH D ISABILITIEACTOF 1990",42U.S.C.12101 ET SEQ., AND ITS RELATED AMENDMENTS AND IMPLEMENTING REGULATIONS ,OPPORTUNITIES FOR THE DISTRICT TO REDUCE ITS RISK OF LITIGATIONRELATEDTOCOMPLIANCE ,ANDOTHERCONCERNSABOUTTHE ACCESSIBILITYOFTHEDISTRICTSFACILITIESANDSERVICESASIDENTIFIED BY THE CHAIR OF THE COUNCI.
(b) THE COUNCIL CONSISTS OF THE FOLLOWING SEVEN MEMBER:
(I) THE CHAIR OF THE SENATE JUDICIARY COMMITTEE , OR A LEGISLATOR APPOINTED BY THE CHAI;
(II) AREPRESENTATIVE OF THE C OLORADO C ROSS-DISABILITY C OALITIO,SELECTED BY ITS BOARD;
(III) AREPRESENTATIVE OF THE COLORADO D EVELOPMENTAL D ISABILITIECOUNCIL,SELECTED BY THE COUNCIL;
(IV) A REPRESENTATIVE OF THENATIONAL FEDERATION OF THE B LIND OC OLORADO ,SELECTED BY ITS BOAR;
(V) A MEMBER WHO IS AN ATTORNEY EXPERIENCED IN REPRESENTING DEFENDANTS IN LITIGATION RELATED TO THE FEDERAL "A MERICANS WITHD ISABILITIASCT",APPOINTED BY THE CHAIR OF THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE;AND (VI) TWO MEMBERS APPOINTED BY THE CHAIR OF THE TRANSPORTATION LEGISLATION REVIEW COMMITTEE ,AS FOLLOWS:
(A) O NE MEMBER WHO IS AN ATTORNEY EXPERIENCED IN REPRESENTING PLAINTIFFS IN LITIGATION RELATED TO THE FEDERAL "A MERICANS WITHD ISABILITIEACT";AND (B) ONE MEMBER WHO IS A PARATRANSIT RIDER IN THE DISTR.CT (c) (I) (A) TE CHAIR OF THE SENATE JUDICIARY COMMITTEE -10- 151 SHALL DESIGNATE THE CHAIR AND VICE CHAIR OF THE COUNCIL.
THE COUNCIL SHALL MEET AT LEAST TWICE EACH MONTH BEGINNING IN A UGUST 2020THROUGH JANUARY 2021.AMEMBEROFTHECOUNCILMAY PARTICIPATE IN ANY MEETING OF THE COUNCIL THROUGH REMOTE TECHNOLOGY .
(B) NONLEGISLATIVEMEMBERSOFTHECOUNCILAREENTITLEDTO A STIPEND OF FOUR HUNDRED DOLLARS PER MONTH DURING THAT TIME.
N ONLEGISLATIVEMEMBERSAREALSOENTITLEDTOREIMBURSEMENTFOR ACTUAL AND NECESSARY TRAVEL EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES AS MEMBERS OF THE COUNCI.
(C) THE LEGISLATIVE MEMBER OF THE COUNCIL APPOINTED PURSUANTTO (3)(b)(OFTHISSECTIONISENTITLEDTORECEIVEPAYMENT OF PER DIEM AND REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES AS AUTHORIZED IN SECTIO2-2-326.
(II) THE COUNCIL MAY , BY A MAJORITY VOTE , DESIGNATE ADDITIONALNONVOTINGMEMBERSWITHEXPERTISEOREXPERIENCETHAT MAY ASSIST THE COUNCILS WORK .
NONVOTING MEMBERS DESIGNATED UNDER THIS SUBSECTION (3)(c)(II)ARE NOT ELIGIBLE FOR THE COMPENSATIONDESCRIBEDIN SUBSECTION (3)(c)(I)(OFTHISSECTION .
(d) (I) O OR BEFORE OCTOBER 31, 2020,THE COUNCIL SHALL PROVIDE AN INITIALREPORT WITH ITSFINDINGSAND RECOMMENDATIONS TO THE DISTRICT,THE SENATE JUDICIARY COMMITTEE ,THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE , AND THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCI.
(II) ON OR BEFORE NOVEMBER 30, 2020,THE DISTRICT SHALL PROVIDE A RESPONSE TO THE COUNCIL AND TO THE COMMITTEES THAT RECEIVED THE COUNCILS REPORT THAT RESPONDS TO THE FINDINGS OF -11- 151 THECOUNCIL ,IDENTIFIESWHICHRECOMMENDATIONSITPLANSTOADOPT , AND IDENTIFIES WHICH RECOMMENDATIONS IT DOES NOT PLAN TO ADOPT WITH AN EXPLANATION OF WHY IT DOES NOT PLAN TO DO .O (III) ON OR BEFORE JANUARY 31, 2021,THE COUNCIL SHALL PRESENTITSFINALREPORTANDRECOMMENDATIONSATAMEETINGOFTHE SENATE JUDICIARY COMMITTEE AND SHALL SUBMIT COPIES OF ITS FINAL REPORT AND RECOMMENDATIONS TO THE ENTITIES DESCRIBED IN SUBSECTION (3)(d)(IOF THIS SECTION.
THE COUNCIL MAY MAKE ADDITIONAL REPORTS AT THE DISCRETION OF THE CHAIR OR AT THE REQUEST OF THE SENATE JUDICIARY COMMITTE.
(e) TEDISTRICTSHALLALLOWTHECOUNCILMEMBERSACCESSTO ITS FACILITIES AND TO ALL RELEVANT FILE, RECORDS , AND DOCUMENTATION ,ONATIMELYBASISANDWITHOUTCOST ,ASNECESSARY TO ALLOW THE COUNCIL TO CONDUCT ITS RESEARCH AND MAKE ITS FINDINGS AND RECOMMENDATIONS PURSUANT TO THIS SUBSECTION (3).
THE DISTRICT MAY REQUIRE COUNCIL MEMBERS TO ENTER INTO A NONDISCLOSURE AGREEMENT BEFORE REVIEWING DOCUMENTS OR RECORDSTHATWOULDBEEXEMPTFROMPUBLICINSPECTIONUNDERPART 2 OF ARTICLE72OF TITLE24.THE DISTRICT MAY IMPOSE REQUIREMENTS FOR A SITE VISIT AS ARE NECESSARY TO PROTECT THE SAFETY AND SECURITY OF COUNCIL MEMBERS ,DISTRICT EMPLOYEES,AND DISTRICT FACILITIE.
(f) THIS SUBSECTIO(3)IS REPEALED,EFFECTIVESEPTEMBER 1, 2021.
SECTION 5.
(1) Effective January1, 1983, the governing bodyof the district shall be a board of directors consisting of fifteen persons, PROVIDED IN SECTION32-9-111, each of whomis an eligible elector residing within the director district.
-12- 151 (1) Effective January1, 1983, the governing bodyof the district shall be a board of directors consisting of fifteen persons, PROVIDED IN SECTION32-9-111, each of whom is an eligible elector residing within the director district.
EVEJANUARY 1,2021,THE GOVERNINGBODY OF THE DISTRICT IS A BOARD OF DIRECTORS CONSISTING OF SEVENTEEN VOTING MEMBERS AND TWO NONVOTING EX -OFFICIO MEMBERS AS DESCRIBED IN SUBSECTION(2)OF THIS SECTI.N (2)(a) FFTEENVOTING membersoftheboardofdirectorsshallbe elected as provided in section 32-9-111.AEDDIRECTORMUST BE AN ELIGIBLE ELECTOR RESIDING WITHIN THE DIRECTOR DIST.ICT (b) (I) TE GOVERNOR SHALL APPOINT TWO VOTING AT -LARGE DIRECTORS OF THE DISTRICT WITH THE CONSENT OF THE SENATE ,AS FOLLOWS :
EVEJANUARY 1,2021,THE GOVERNING BODY OF THE DISTRICT IS A BOARD OF DIRECTORS CONSISTING OF FIFTEEN ELECTED VOTING MEMBERS AND TWO NONVOTING APPOINTED MEMBERS AS DESCRIBED IN SUBSECTIO(2)OF THIS SECTIO.
(A) O NE DIRECTOR REPRESENTING CONSTITUENTS WITH DISABILITIESWHOARETRANSIT -DEPENDENT .THEAPPOINTEEMUSTHAVE DEMONSTRATEDEXPERIENCEINPOLICYDEVELOPMENT ,APPLICABLELAW , OROTHERRELEVANTWORKEXPERIENCERELATEDTOACCESSIBLETRANSIT PLANNING OR SHOW A DEMONSTRATED HISTORY , WITH OR WITHOUT COMPENSATION ,OFADVOCATINGFORTHEFULLPUBLICACCOMMODATION OF PEOPLE WITH DISABILITI.S -9- SB20-151 (B) ONE DIRECTOR WITH EXPERIENCE OR INTEREST IN EQUITABLE TRANSPORTATIONPLANNING .THEAPPOINTEEMUSTHAVEDEMONSTRATED PROFESSIONAL EXPERIENCE IN POLICY DEVELOPMEN,APPLICABLE LAW , OROTHERRELEVANTWORKEXPERIENCERELATEDTOEQUITABLETRANSIT PLANNING OR SHOW A DEMONSTRATED HISTORY , WITH OR WITHOUT COMPENSATION ,INADVOCATINGFORTHEINCLUSIONOFDISADVANTAGED POPULATIONS IN GOVERNMENT SERVICES, BENEFITS, OR PUBLIC ACCOMODATIONS .
(2)(a) IFTEENVOTING membersoftheboardofdirectorsshallbe elected as provided in section 32-9-111.AEDDIRECTORMUST BE AN ELIGIBLE ELECTOR RESIDING WITHIN THE DIRECTOR DIST.ICT (b)(I) TEGOVERNORSHALLAPPOINTTWONONVOTINGAT -LARGE DIRECTORS OF THE DISTRICT WITH THE CONSENT OF THE SENATE ,AS FOLLOWS :
(A) O NE DIRECTOR REPRESENTING CONSTITUENTS WITH DISABILITIESWHOARETRANSIT -DEPENDENT .THEAPPOINTEEMUSTHAVE DEMONSTRATEDEXPERIENCEINPOLICYDEVELOPMENT ,APPLICABLELAW , OROTHERRELEVANTWORKEXPERIENCERELATEDTOACCESSIBLETRANSIT PLANNING OR SHOW A DEMONSTRATED HISTORY , WITH OR WITHOUT COMPENSATION ,OFADVOCATINGFORTHEFULLPUBLICACCOMMODATION OF PEOPLE WITH DISABILITI.S (B) ONE DIRECTOR WITH EXPERIENCE OR INTEREST IN EQUITABLE TRANSPORTATIONPLANNING .THEAPPOINTEEMUSTHAVEDEMONSTRATED PROFESSIONAL EXPERIENCE IN POLICY DEVELOPMEN,APPLICABLE LAW , OROTHERRELEVANTWORKEXPERIENCERELATEDTOEQUITABLETRANSIT PLANNING OR SHOW A DEMONSTRATED HISTORY , WITH OR WITHOUT COMPENSATION ,INADVOCATINGFORTHEINCLUSIONOFDISADVANTAGED POPULATIONS IN GOVERNMENT SERVICES, BENEFITS, OR PUBLIC -13- 151 ACCOMMODATIONS .
(III) THE DIRECTORS APPOINTED IN ACCORDANCE WITH THIS SUBSECTION (2)(b)MUST BE ELIGIBLE ELECTORS RESIDING WITHIN THE BOUNDARIES OF THE DISTRICT.
(III) THE DIRECTORS APPOINTED IN ACCORDANCE WITH THIS SUBSECTION (2)(b)MUST BE ELIGIBLE ELECTORS RESIDING WITHIN THE BOUNDARIES OF THE DISTRICT .
F AN APPOINTEE MOVES OUT OF THE DISTRICT DURING THE APPOINTEES TERM, THE VACANCY IS FILLED IN ACCORDANCE WITH SUBSECTION (2)(b)(IVOF THIS SECTI.N (IV) IN THE EVENT OF A VACANCY IN THE POSITION OF AN APPOINTED MEMBER ,THE GOVERNOR SHALL APPOINT A NEW DIRECTOR WHOMEETSTHEQUALIFICATIONSOFSUBSECTION (2)(b)(OR (2)(b)(IOF THISSECTION,ASAPPLICABLE,WITHINFORTYDAYSOFTHEVACANCY ,THE TERM OF A MEMBER APPOINTED TO FILL A VACANCY BEGINS ON THE DAY OF THE APPOINTMENT AND IS THREE YEARS .
F AN APPOINTEE MOVES OUT OF THE DISTRICT DURING THE APPOINTEES TERM ,THE VACANCY IS FILLED IN ACCORDANCE WITH SUBSECTION (2)(b)(IVOF THIS SECTIO.
THE MEMBER MAY BE APPOINTED FOR ONE ADDITIONAL TERM IN ACCORDANCE WITH SECTION 32-9-111 (4)(b).
(IV) I N THE EVENT OF A VACANCY IN THE POSITION OF AN APPOINTED MEMBER , THE GOVERNOR SHALL APPOINT A NEW DIRECTOR WHO MEETS THE QUALIFICATIONS OF SUBSECTION (2)(b)(I)(AOR (2)(b)(I)(B)THISSECTION ,ASAPPLICABLE,WITHINFORTYDAYSOFTHE VACANCY .
(c) TESTATETREASURER ,ORTHESTATETREASURER SDESIGNEE , ANDTHEEXECUTIVEDIRECTOROFTHEDEPARTMENTOFTRANSPORTATION , -10- SB20-151 OR THE EXECUTIVE DIRECTOR'S DESIGNE,ARE NONVOTING EX -OFFICIO MEMBERS OF THE BOARD .
HE TERM OF A MEMBER APPOINTED TO FILL A VACANCY BEGINS ON THE DAY OF THE APPOINTMENT AND IS THREE YEARS .
AN EX OFFICIO MEMBER MAY CAST AN ADVISORY VOTE ON A MATTER PENDING BEFORE THE BOARD .
THE MEMBERMAYBEAPPOINTEDFORONEADDITIONALTERMINACCORDANCE WITH SECTION 32-9-111 (4)(b).
AN ADVISORY VOTE IS NOT COUNTED TOWARD THE BOARD S DECISION BUT MUST BE NOTED IN THE MINUTES OF THE MEETI.G (3) The terms of members of the board serving on December 31, 1982, shall expire on January 1, 1983, and a new board, constituted pursuant to this section shall take office on January1, 1983, after having been elected pursuant to section 32-9-111.
(c) AN APPOINTED MEMBER MAY CAST AN ADVISORY VOTE ON A MATTER PENDING BEFORE THE BOARD .
(4) (a) All powers, duties, functions, rights, and privileges vested in the district shall be exercised and performed by the board;
AN ADVISORY VOTE IS NOT COUNTED TOWARD THE BOARD S DECISION BUT MUST BE NOTED IN THE MINUTES OF THE MEETING.
(3) The terms of members of the board serving on December 31, 1982, shall expire on January 1, 1983, and a new board, constituted pursuant to this section shall take office on January1, 1983, after having been elected pursuant to section 32-9-111.
(4) (a) All powers, duties, functions, rights, and privileges vested -14- 151 in the district shall be exercised and performed by the board;
SECTION4.
SECTION6.
The two-year terms shall be determined by lot at the first meeting of the board followingtheapportionmentofdirectordistricts.Sevenmembersshallbe -11- SB20-151 elected for four-year terms.
The two-year terms shall be determined by lot at the first meeting of the board followingtheapportionmentofdirectordistricts.Sevenmembersshallbe elected for four-year terms.
(b) T HE REGULAR TERM OF OFFICE OF MEMBERS APPOINTED IN ACCORDANCE WITH SECTION 32-9-109.5 (2)(b)IS THREE YEARS.
(b) THE REGULAR TERM OF OFFICE OF MEMBERS APPOINTED IN ACCORDANCE WITH SECTION 32-9-109.5 (2)(bIS THREE YEARS.
N APPOINTED MEMBER MAY BE REAPPOINTED FOR ONE ADDITIONAL TERM .
N APPOINTED MEMBER MAY BE REAPPOINTED FOR ONE ADDITIONAL TERM.
Nominations forTED directors shall be made by petition and filed in the office of the secretary of state in the mannerprovidedforindependentcandidatespursuanttosection1-4-802 and part 9 of article 4 of title 1.
Nominations forD directors shall be made by petition and filed in the office of the secretary of state in the -15- 151 mannerprovidedforindependentcandidatespursuanttosection1-4-802 and part 9 of article 4 of title 1.
C.R.S.ions shall be signed byat least two hundred fifty eligible electors residing within the director district in which the officer is to be elected.
C.R.S.tions shall be signed byat least two hundred fifty eligible electors residing within the director district in which the officer is to be elected.
(f) Everycandidate forLECTION AS Adirector shall complywith the provisions of article 45 of title 1.
(f) Everycandidate forLECTION ASA director shall complywith the provisions of article 45 of title 1.
C.R.S.N CONTRIBUTIONS TO CANDIDATES FOR DIRECTOR ARE SPECIFIED IN SECTION 1-45-103.7 (1.7).
C.R.S.ON CONTRIBUTIONS TO CANDIDATES FOR DIRECTOR ARE SPECIFIED IN SECTION 1-45-103.7 (1.7).
SECTION5.
SECTION7.
(1) A change of residence of aN ELECTED member of the board to a place outside the director district from which the member was elected shallautomaticallycreateavacancyontheboard.Uponavacancy INTHE OFFICE OF AN ELECTED MEMBER OF THE BOARD occurring for any reason other than normal expiration of a term, the vacancy shall be filled by appointmentbytheboardofcountycommissionersofthecountywherein -12- SB20-151 the director district is located or, in the case of a member elected in Denver,bythemayorofthecityandcountyof Denver,withtheapproval ofthecitycouncilof saidcityandcounty.Inthecaseofadirectordistrict whichcontainsterritoryintwoormorecounties,orinthecityandcounty of Denver and in one or more counties, the vacancy shall be filled by appointmentbytheboardofcountycommissionersofthecountywherein the largest number of eligible electors of the director district reside;
(1) A change of residence of aN ELECTED member of the board to a place outside the director district from which the member was elected shallautomaticallycreateavacancyontheboard.Uponavacancy INTHE OFFICE OF AN ELECTED MEMBER OF THE BOARD occurring for any reason other than normal expiration of a term, the vacancy shall be filled by appointmentbytheboardofcountycommissionersofthecountywherein the director district is located or, in the case of a member elected in Denver,bythemayorof thecityandcountyofDenver,withtheapproval of thecitycouncilof saidcityandcounty.Inthecaseof adirectordistrict whichcontainsterritoryintwoormorecounties,orinthecityandcounty of Denver and in one or more counties, the vacancy shall be filled by appointmentbytheboardofcountycommissionersofthecountywherein the largest number of eligible electors of the director district reside;
except that, if the largest number of eligible electors of the director districtresideinthecityandcountyofDenver,thevacancyshallbefilled by appointment by the mayor of the city and county of Denver, with the approval of the city council of the city and county.
except that, if the largest number of eligible electors of the director districtresideinthecityandcountyofDenver,thevacancyshallbefilled by appointment by the mayor of the city and county of Denver, with the -16- 151 approval of the city council of the city and county.
(1.5) Any director appointed TO FILL A VACANCY UNDER SUBSECTION (1)OF THIS SECTION shall serve until the next regular election, at which time the vacancy shall be filled by election for any remaining unexpired portion of the term.
(1.5) Any director appointedTO FILL A VACANCY UNDER SUBSECTION (1) OF THIS SECTION shall serve until the next regular election, at which time the vacancy shall be filled by election for any remaining unexpired portion of the term.
(2) EffectiveJuly1,1983,anyLECTED memberoftheboardmay berecalledfromofficebytheeligibleelectorsofthedirectordistrictsuch member represents pursuant to the provisions of part 1 of article 12 of title 1.
(2) EffectiveJuly1,1983,anyECTED memberoftheboardmay berecalledfromofficebytheeligibleelectorsofthedirectordistrictsuch member represents pursuant to the provisions of part 1 of article 12 of title 1.
SECTION 6.
SECTION 8.
In Colorado Revised Statutes, 32-9-114, amend (1)(a), (1)(c), and (1)(g);
In Colorado Revised Statutes, 32-9-114, amend (1)(a)nd (1)(g);
(a) To fix the time and place at which its regular meetings, to be heldatleastquarterlyONTHLY ,shallbeheldwithinthedistrictandshall provide for the calling and holding of special meetings;
(a) To fix the time and place at which its regular meetings, to be heldatleastquarterlyNTHLY ,shallbeheldwithinthedistrictandshall provide for the calling and holding of special meetings;
(c) To elect one director as chairmanAIR of the board and -13- SB20-151 another director as chairCHAIR pro tem of the board, and to appoint oneormorepersonsassecretaryandtreasureroftheboard;EXCEPTTHAT , EFFECTIVE JANUARY 1, 2021:
(g) To designate anficialnewspapeNEWSPAPERS published in thedistrictintheEnglilanguageORLANGUAGESSPOKENBYRESIDENTS OFTHE DISTRICT;
(I) THE CHAIR MUST BE AN ELECTED DIRECTO;AND (II) AEX -OFFICIODIRECTORISNOTELIGIBLETOSERVEASCHAIR , CHAIR PRO TEM,SECRETARY ,OR TREASURER ;
exceptthatnothinginthisarticleshallprARTICLE 9 PREVENTS the board from directing publication in any additional newspaper where it deems that the public necessity may so require;
(g) Todesignate anfficial newspapeNEWSPAPERS published in thedistrictintheEnglislanguageORLANGUAGESSPOKENBYRESIDENTS OFTHE DISTRICT;
(2) THE BOARD MAY ADOPT AS PART OF ITS BYLAWS PROCEDURES TOREMOVEANELECTEDORAPPOINTEDDIRECTORFORGOODCAUSE .A NY SUCHPROCEDURESMUSTREQUIRETHEVOTESOFATLEASTTEN DIRECTORS TO REMOVE A DIRECTOR.REMOVAL OFA DIRECTOR CREATES A VACANCY TO BE FILLED IN ACCORDANCE WITH SECTION32-9-112 OR 32-9-109.5 -17- 151 (2)(b)(IV)AS APPLICABLE.
exceptthatnothinginthisarticleshallpreARTICLE 9 PREVENTS the board from directing publication in any additional newspaper where it deems that the public necessity may so require;
SECTION9.
(2) THE BOARD MAY ADOPT AS PART OF ITS BYLAWS PROCEDURES TOREMOVEANELECTEDORAPPOINTEDDIRECTORFORGOODCAUSE .ANY SUCH PROCEDURES MUST REQUIRE THE VOTES OF AT LEAST TWELVE DIRECTORS TO REMOVE A DIRECTOR .
EMOVAL OF A DIRECTOR CREATES A VACANCY TO BE FILLED IN ACCORDANCE WITH SECTION 32-9-112OR 32-9-109.5 (2)(b)(IV), APPLICABLE.
X-OFFICIO DIRECTORS ARE NOT SUBJECT TO REMOVAL .
SECTION7.
Recordsofboard-audits-report-repeal.(4)(a) IN ADDITION TO THE AUDITS AUTHORIZED IN SUBSECTIONS (1)AND (3)OF THIS SECTION:
Recordsofboard-audits-report-repeal.(4)(a) IN ADDITION TO THE AUDITS AUTHORIZED IN SUBSECTIONS(1)AND (3)OF THIS SECTION:
(I) ON OR BEFORE ANUARY 1, 2021THE STATE AUDITOR SHALL INITIATE AN AUDIT OF THE DISTRICT S POLICIES AND PRACTICES REGARDING THE FISCAL HEALTH OF THE REGIONAL TRANSPORTATION DISTRICT SALARIED EMPLOYEES ' PENSION PLAN , INCLUDING AN -14- SB20-151 ASSESSMENTOFTHEDISTRICT 'SABILITYTOELIMINATEITSUNFUNDEDNET PENSIONLIABILITIE,WHETHERTHEDISTRICT SFISCALMANAGEMENTAND PROJECTIONS ARE IN ACCORDANCE WITH BEST PRACTIC,AND WHETHER THE DISTRICTS POLICIES AND PRACTICES ENSURE THAT THE DISTRIST RETIREMENT BENEFIT PLANS FOR ALL EMPLOYEES ARE COMPARABLY FUNDED THROUGH EMPLOYER AND EMPLOYEE CONTRIBUTIONS ;
(I) ON OR BEFOREJANUARY 1, 2021THE STATE AUDITOR SHALL INITIATE AN AUDIT OF THE DISTRICT 'S POLICIES AND PRACTICES REGARDING THE FISCAL HEALTH OF THE REGIONAL TRANSPORTATION DISTRICT SALARIED EMPLOYEES ' PENSION PLAN, INCLUDING AN ASSESSMENTOFTHEDISTRICT SABILITYTOELIMINATEITSUNFUNDEDNET PENSIONLIABILITIE,WHETHERTHEDISTRICT 'SFISCALMANAGEMENTAND PROJECTIONS ARE IN ACCORDANCE WITH BEST PRACTICE,AND WHETHER THE DISTRICTS POLICIES AND PRACTICES ENSURE THAT THE DISTRICS RETIREMENT BENEFIT PLANS FOR ALL EMPLOYEES ARE COMPARABLY FUNDED THROUGH EMPLOYER AND EMPLOYEE CONTRIBUTIONS ;
(II) O OR BEFOREJANUARY 1,2021,THE STATE AUDITOR SHALL INITIATE AN AUDIT OF THE DISTRS ORGANIZATIONALSTRUCTURE AND SIZE,INCLUDING EXECUTIVE COMPENSATION AND THE COSTS TO THE DISTRICT OF ITS COMPENSATION AND FRINGE BENEFITS FOR ALL CATEGORIES OF EMPLOYEES ,TO ASSESS WHETHER VARIOUS GROUPS OR CATEGORIESOFEMPLOYEESAREAPPROPRIATELYCOMPENSATEDRELATIVE TO THE COST OF LIVING IN THE DISTRICT AND TO THE EMPLOYE'JOB DUTIES AND FUNCTIONS IN COMPARISON TO SIMILAR PUBLIC AGENCIE;
(II) O OR BEFORE ANUARY 1,2021,THE STATE AUDITOR SHALL INITIATE AN AUDIT OF THE DISTRS ORGANIZATIONALSTRUCTURE AND SIZE,INCLUDING EXECUTIVE COMPENSATION AND THE COSTS TO THE DISTRICT OF ITS COMPENSATION AND FRINGE BENEFITS FOR ALL CATEGORIES OF EMPLOYEES ,TO ASSESS WHETHER VARIOUS GROUPS OR CATEGORIESOFEMPLOYEESAREAPPROPRIATELYCOMPENSATEDRELATIVE TO THE COST OF LIVING IN THE DISTRICT AND TO THE EMPLOYEE'JOB DUTIES AND FUNCTIONS IN COMPARISON TO SIMILAR PUBLIC AGENCIE;
AND (III) OORBEFORE JANUARY 1,2022,THESTATEAUDITORSHALL INITIATE A COST-EFFICIENCY AND PERFORMANCE ANALYSIS OF THE DISTRICTSVEHICULARSERVICESPOLICIESADOPTEDINACCORDANCEWITH SECTION 32-9-119.5.
AND (III) OORBEFORE JANUARY 1,2022,THESTATE AUDITORSHALL INITIATE A COST-EFFICIENCY AND PERFORMANCE ANALYSIS OF THE -18- 151 DISTRICTSVEHICULARSERVICESPOLICIESADOPTEDINACCORDANCEWITH SECTION 32-9-119.5.
EXCEPT THAT A RECOMMENDATION SHALL NOT BE MADE SOLELY ON THE BASIS OF COST IF THE STATE AUDITOR DETERMINES THAT THE RECOMMENDATIONWOULDSIGNIFICANTLYIMPAIRTHEDISTRICT SABILITY TOPROVIDESERVICEASDESCRIBEDINSECTION 32-9-107ORCOMPLYWITH THEREQUIREMENTSOFSECTION 32-9-107.3(2AND (3).UPONAPPROVAL -15- SB20-151 BY THE LEGISLATIVE AUDIT COMMITTEE ,THE STATE AUDITOR SHALL SUBMIT THE WRITTEN REPORT OF EACH AUDIT TO THE TRANSPORTATION LEGISLATION REVIEW COMMITTEE .
EXCEPT THAT A RECOMMENDATION SHALL NOT BE MADE SOLELY ON THE BASIS OF COST IF THE STATE AUDITOR DETERMINES THAT THE RECOMMENDATIONWOULDSIGNIFICANTLYIMPAIRTHEDISTRICT SABILITY TOPROVIDESERVICEASDESCRIBEDINSECTION 32-9-107ORCOMPLYWITH THEREQUIREMENTSOFSECTION 32-9-107.3(2AND (3).UPONAPPROVAL BY THE LEGISLATIVE AUDIT COMMITTEE ,THE STATE AUDITOR SHALL SUBMIT THE WRITTEN REPORT OF EACH AUDIT TO THE TRANSPORTATION LEGISLATION REVIEW COMMITTEE.
(c) NOTWITHSTANDING THE REQUIREMENTS OF SECTION 2-3-110, THEGENERALASSEMBLYSHALLAPPROPRIATEMONEYFROMTHEGENERAL FUND TO THE OFFICE OF THE STATE AUDITOR TO PAY THE COSTS OF THE AUDITS REQUIRED BY THIS SUBSECTION(4).
(c) NOTWITHSTANDING THE REQUIREMENTS OF SECTION2-3-110, THEGENERALASSEMBLYSHALLAPPROPRIATEMONEYFROMTHEGENERAL FUND TO THE OFFICE OF THE STATE AUDITOR TO PAY THE COSTS OF THE AUDITS REQUIRED BY THIS SUBSECTIO(4).
(d) THIS SUBSECTION(4)IS REPEALED,EFFECTIVES EPTEMBER 1, 2025.
(d) THIS SUBSECTION(4)IS REPEALE,EFFECTIVESEPTEMBER 1, 2025.
SECTION8.
SECTION 10.
InColoradoRevisedStatutes,32-9-116,amend(3);
In Colorado Revised Statutes, add 32-9-115.5 as follows:
and add (1.5) and (4) as follows:
32-9-115.5.
Transparency in compliance with federal civil rights laws.
(1) T DISTRICT SHALL ENSURE THAT ALL OF ITS POLICIES AND PROCEDURES CONCERNING COMPLIANCE WITH THE FEDERAL "A MERICANS WITHD ISABILITIEACT OF1990",42U.S.C.
SEC.12101ET SEQ.,ANDITSRELATEDAMENDMENTSANDIMPLEMENTINGREGULATIONS , INCLUDING POLICIES AND PROCEDURES CONCERNING PARATRANSIT -19- 151 SERVICES,AREALSOSUBJECTTOREVIEWUNDERTITLE VI OFTHEFEDERAL "CIVILR IGHTS ACT OF 1964", 42 U.S.CSEC.
2000dET SEQ.AND ITS RELATED AMENDMENTS AND IMPLEMENTING REGULATIONS .
(2) THE DISTRICT SHALL MAKE ALL OF ITS PL,POLICIES,AND DISCLOSURES REQUIRED BY THE FEDERAL TRANSIT ADMINISTRATION OR TITLEVI OFTHE FEDERAL"C IVIR IGHTSA CT O1964" ANDITSRELATED AMENDMENTS AND IMPLEMENTING REGULATIONS AVAILABLE TO THE PUBLIC ON ITS WEBSITE AND SHALL PROVIDE THAT INFORMATION TO THE DEPARTMENT OF TRANSPORTATION CREATED IN SECTION 43-1-103.
(3) THEDISTRICTSHALLHOLDPUBLICHEARINGSONITPLANSAND POLICIESRELATEDTOCOMPLIANCEWITHTHEFEDERAL "AMERICANSWITH D ISABILITIASCTOF 1990"ANDTITLE VIOFTHEFEDERAL "CIVILRIGHTS A CT OF1964" AND THEIR RELATED AMENDMENTS AND IMPLEMENTING REGULATIONS .
SECTION 11.
In Colorado Revised Statutes, 32-9-11add (1.5), (4), and (5)ollows:
(1.5) (a) W HENEVER PRACTICABLE ,THE BOARD SHALL LIVE BROADCAST ITS MEETINGS .
(1.5) (a) W HENEVER PRACTICABLE ,THE BOARD SHALL LIVE BROADCAST ITS MEETINGS.
HE BOARD SHALL PROVIDE REASONABLE ACCOMMODATIONS TO ALLOW PERSONS WITH DISABILITIES TO ATTEND,LISTEN TO,OR WATCH BOARD MEETINGS .
HE BOARD SHALL PROVIDE REASONABLE ACCOMMODATIONS TO ALLOW PERSONS WITH DISABILITIES TO ATTEN,LISTEN TO,OR WATCH BOARD MEETINGS .
(b) T HE BOARD SHALL MAKE AN AUDIO OR AUDIO -VIDEO RECORDING OF EACH MEETING OF THE BOARD AVAILABLE ON THE DISTRICTS WEBSITE.
(b) THE BOARD SHALL MAKE AN AUDIO OR AUDIO -VIDEO RECORDING OF EACH MEETING OF THE BOARD AVAILABLE ON THE DISTRICTS WEBSITE.
(3) EffectiveJanuary1,1983,anyactionoftheboardshallrequire the affirmative vote of at least eight members present and voting.
(4)(a) APERMANENTORTEMPORARYREDUCTIONORELIMINATION OF SERVICE,INCLUDING PARATRANSIT,REQUIRES THE APPROVAL OF THE BOARD .
E FFECTIVEJANUARY 1,2021,ANYACTIONOFTHEBOARDSHALLREQUIRE THE AFFIRMATIVE VOTE OF AT LEAST NINE VOTING MEMBERS.
-20- 151 (b) IF THE BOARD VOTES TO PERMANENTLY OR TEMPORARILY REDUCEORELIMINATESERVICEONAFIXEDROUTEANDTHECHANGEWILL RESULT IN A REDUCTION IN PARATRANSIT SERVICE ALONG THE FIXED ROUTE ,THE BOARD SHALL TAKE A SEPARATE VOTE ON WHETHER TO REDUCE OR ELIMINATE THE PARATRANSIT SERVIC.
(4) A MEMBER MUST BE PHYSICALLY PRESENT TO PARTICIPATE IN AND VOTE AT A MEETING OF THE BOARD;EXCEPT THAT THE BOARD MAY ADOPT AS PART OF ITS BYLAWS PROCEDURES TO ALLOW A MEMBER TO PARTICIPATE IN AND VOTE AT A MEETING BY TELEPHONIC OR OTHER -16- SB20-151 REMOTE TECHNOLOGY IN THE EVENT OF A DOCUMENTED MEDICAL CONDITION THAT PREVENTS THE MEMBER FROM BEING PHYSICALLY PRESENT.
F THE BOARD DOES NOTAPPROVETHEREDUCTIONORELIMINATIONOFPARATRANSITSERVICE , THE DISTRICT SHALL CONTINUE TO PROVIDE THE PARATRANSIT SERV.CE (c) HEBOARDSHALLALLOWPUBLICCOMMENTATANYMEETING AT WHICH IT VOTES ON A PERMANENT OR TEMPORARY REDUCTION OR ELIMINATION IN SERVIC.
SECTION9.
(5)A MEMBER MUST BE PHYSICALLY PRESENT TO PARTICIPATE IN AND VOTE AT A MEETING OF THE BOARD;EXCEPT THAT THE BOARD MAY ADOPT AS PART OF ITS BYLAWS PROCEDURES TO ALLOW A MEMBER TO PARTICIPATE IN AND VOTE AT A MEETING BY TELEPHONIC OR OTHER REMOTE TECHNOLOGY IN THE EVENT OF A DOCUMENTED MEDICAL CONDITION THAT PREVENTS THE MEMBER FROM BEING PHYSICALLY PRESENT.
InColoradoRevisedStatutes,32-9-117,amend(2) and (4);
SECTION 12.
In Colorado Revised Statutes, 32-9-117, amend (2) and (4);
(1) Except as otherwise providedinsubsection(2)ofthissection,effectiveJanuary1,1983,each director shall receive a sum of three thousand dollars per annum.
(1) Except as otherwise providedinsubsection(2)of thissection,effectiveJanuary1,1983,each director shall receive a sum of three thousand dollars per annum.
(2) (a) Effective January 1, 2009,XCEPT AS PROVIDED IN SUBSECTION (2)(b)OF THIS SECTIO, each director elected at the 2008 general election or at any general election thereafter, andtor appointed to fill a vacancy for an unexpired term of a director elected at the 2008 general election or anyelectiontheANDEACHDIRECTOR APPOINTEDINACCORDANCEWITHSECTION 32-9-109.5(2)(b)shallreceive a sum of twelve thousand dollars per annum, payable at the rate of one thousand dollars per month.
(2) (a) Effective January 1, 2009,XCEPT AS PROVIDED IN SUBSECTION (2)(b)OF THIS SECTIO, each director elected at the 2008 general election or at any general election thereafter, andtor appointed to fill a vacancy for an unexpired term of a director elected at the 2008 general election or anyelectionthereafter,IRECTOR -21- 151 APPOINTEDINACCORDANCEWITHSECTION 32-9-109.5(2)(b)shallreceive a sum of twelve thousand dollars per annum, payable at the rate of one thousand dollars per month.
EFFICIO DIRECTORS ARE NOT ELIGIBLE FOR COMPENSATION .
(b) ASPARTOFITSBYLAWS THEBOARDSHALLADOPTGUIDELINES AND PROCEDURES TO REDUCE THE MONTHLY COMPENSATION OF A DIRECTORWHOFAILSTOATTENDMEETINGSOFTHEBOARDOROTHERWISE FAILS TO PERFORM THE DIRECTOS OFFICIAL DUTIE.
(b) ASPARTOFITSBYLAWS ,THEBOARDSHALLADOPTGUIDELINES AND PROCEDURES TO REDUCE THE MONTHLY COMPENSATION OF A DIRECTORWHOFAILSTOATTENDMEETINGSOFTHEBOARDOROTHERWISE FAILS TO PERFORM THE DIRECTOS OFFICIAL DUTIE.
(4) Nothing contained in this article shall be construed as preventing The board from authorizing MAY AUTHORIZE the reimbursement of any director,LUDING APPOINTED DIRECTORS, for expenses incurred that appertain to the activities of the district.
(4) Nothing contained in this article shall be construed as preventing The board from authorizing MAY AUTHORIZE the reimbursement of any director,LUDING EX-OFFICIO DIRECTOR, for expenses incurred that appertain to the activities of the district.
SECTION13.
SECTION10.
-17- SB20-151 32-9-118.
32-9-118.
(2) EACH APPOINTED AND ELECTED DIRECTOR AND EACH EMPLOYEE OF THE DISTRICT WHO IS NOT REPRESENTED BY A UNION OR OTHERLABORORGANIZATIONISSUBJECTTOANDSHALLCOMPLYWITHTHE REQUIREMENTS OF SECTIONS 3 AND 4OF ARTICLE XXIX OF THE STATE CONSTITUTION.A NY PERSON MAY FILE A WRITTEN COMPLAINT WITH THE INDEPENDENT ETHICS COMMISSION ESTABLISHED PURSUANT TO SECTION 5 OF ARTICLEXXIX OF THE STATE CONSTITUTION ASKING WHETHER A DIRECTOR OR EMPLOYEE OF THE DISTRICT HAS FAILED TO COMPLY WITH THE REQUIREMENTS OF THIS SUBSECTION(2).
(2) EACH APPOINTED AND ELECTED DIRECTOR AND EACH EMPLOYEE OF THE DISTRICT WHO IS NOT REPRESENTED BY A UNION OR OTHERLABORORGANIZATIONISSUBJECTTOANDSHALLCOMPLYWITHTHE REQUIREMENTS OF SECTIONS 3AND 4OF ARTICLEXXIX OF THE STATE CONSTITUTION.A NY PERSON MAY FILE A WRITTEN COMPLAINT WITH THE INDEPENDENT ETHICS COMMISSION ESTABLISHED PURSUANT TO SECTION 5 OF ARTICLEXXIX OF THE STATE CONSTITUTION ASKING WHETHER A DIRECTOR OR EMPLOYEE OF THE DISTRICT HAS FAILED TO COMPLY WITH THE REQUIREMENTS OF THIS SUBSECTION(2).
SECTION11.
SECTION14.
InColoradoRevisedStatutes,32-9-119.7,amend (4);
InColoradoRevisedStatutes,32-9-119.7,amend -22- 151 (4);
and repeal (1), (3), and (5) as follows:
and repeal (1), (3), and (5);
and add (4.5) as follows:
Farebox recovery ratios - plans - report.
Farebox recovery ratios - online financial transparency -plans - report.
(1) The general assemblyherebyfinds and declares that surface transportation in theDenvermetropolitanareaisamajorproblemconfrontingnotonlythe citizensof themetropolitanareabutalsothe citizensof theentirestateof Colorado.
(1) The general assembly hereby finds and declares that surface transportation in the Denver metropolitan area is a major problem confronting not only the citizens of the metropolitan area but also the citizens of the entire state of Colorado.
The general assembly further finds that, although mass transportation is one component of an effective surface transportation system, the allocation of resources to mass transportation must be made in light of all surface transportation needs.
The general assembly further finds that, although mass transportation is one componentofaneffectivesurfacetransportationsystem,theallocationof resources to mass transportation must be made in light of all surface transportation needs.
The general assemblyfurther finds that the district should be organized efficiently, economically, and on a demand-responsive basis and that the district should consider least-cost alternatives in discharging its responsibilities.
The general assembly further finds that the district should be organized efficiently, economically, and on a demand-responsive basis and that the district should consider least-cost alternatives in discharging its responsibilities.
The general assemblyfurther finds that the farebox recoveryratio of the district must -18- SB20-151 be improved so that resources once allocated for mass transportation can be made available for other surface transportation needs.
The general assembly further finds that the farebox recovery ratio of the district must be improved so that resources once allocated for mass transportation can be made available for other surface transportation needs.
(4) The district shall prepare annual budgets based on the percentages required bysubsection (3) of this REPORTS SHOWING THE PERCENTAGE OF ITS OPERATING COSTS THAT ARE FUNDED BY REVENUES COLLECTED .
(4) The district shall prepare annual budgets based on the percentages required bysubsection (3) of this sectionS SHOWING THE PERCENTAGE OF ITS OPERATING COSTS THAT ARE FUNDED BY -23- 151 REVENUES COLLECTED .
The district shall submit copieTHEfannual budget REPORT REQUIRED BY THIS SUBSECTION(4) to the transportation legislation review committee created in section 43-2-145.
The district shall submit copiTHEoannual budget REPORT REQUIRED BY THIS SUBSECTIO(4) to the transportation legislation review committee created in section 43-2-145.
N OTWITHSTANDING SECTION 24-1-136 (11)(a)(ITHE REQUIREMENT TO SUBMIT THE REPORT REQUIRED BY THIS SUBSECTION (4) CONTINUES INDEFINITELY.
N OTWITHSTANDING SECTION 24-1-136 (11)(a)(THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED BY THIS SUBSECTION (4)CONTINUES INDEFINITELY.
(4.5) ON OR BEFOREO CTOBER 1, 2020,AND ON OR BEFORE THE FIRST OF EACH MONTH THEREAFTER , THE DISTRICT SHALL MAKE AVAILABLE ON ITS WEBSITE A DOWNLOADABLE COMMA OR TEXT DELIMITED FILE OF ALL PUBLIC ACCOUNT PAYABLE LINE ITEMS FOR THE PREVIOUS THREE YEARS .
FOR EACH TRANSACTION ,THE FILE MUST INCLUDE THE PAYEE , DATE, CHECK NUMBER OR ELECTRONIC FUNDS TRANSFER ,INVOICE NUMBERIFAVAILABLE ,PURCHASEORDERNUMBERIF AVAILABLE ,COST CENTER ACCOUNT CODE ,OBJECT ACCOUNT CODE,AND A DESCRIPTION OF PURPOSE FOR THE PURCHASE .
HE DISTRICT SHALL ENSURE THAT THE DATA FILE CONTAINS ONLY INFORMATION IS A PUBLIC RECORD OR THAT ISNOT CONFIDENTIALOR OTHERWISE PROTECTED FROM PUBLIC DISCLOSURE PURSUANT TO STATE OR FEDERAL LAW.
-19- SB20-151 and (d) To demonstrate improved commuter and to-and-from-work service.
and -24- 151 (d) To demonstrate improved commuter and to-and-from-work service.
SECTION12.
SECTION15.
InColoradoRevisedStatutes,32-9-119.8,amend (2), (2.5), and (5) as follows:
InColoradoRevisedStatutes,32-9-119.8,amend (2), (2.5), (4),(5) as follows:
(2.5) The district shall notify and obtain the approval of the executive director of the department of transportation before DISTRICT BEGINS PROVIDING RETAIL AND COMMERCIAL GOODS AND SERVICES AND BEFOREnegotiating and entering into anyagreement with any person or public entity for the provision of retail and commercial goods and services to the public or the provision of residential uses or otherusesatatransferfacilitythatislocatedonpropertythatisownedby the department of transportation and leased to the district for the -20- SB20-151 operation of such transfer facility.
(2.5) The district shall notify and obtain the approval of the executive director of the department of transportation before DISTRICT BEGINS PROVIDING RETAIL AND COMMERCIAL GOODS AND SERVICES AND BEFOREnegotiating and entering into any agreement with any person or public entity for the provision of retail and commercial goods and services to the public or the provision of residential uses or otherusesatatransferfacilitythatislocatedonpropertythatisownedby the department of transportation and leased to the district for the operation of such transfer facility.
-25- 151 (4) The use of a transfer facility for the provision of retail or commercial goods or services or for the provision of residential uses or other uses shall not be permitted if the use would reduce transit services, would reduce the availability of adequate parking for the public, uses involving the provision of retail or commercial goods or services, would result in a competitive disadvantage to a private business reasonablynearatransferfacilityengaginginthesaleofsimilargoodsor services.Theprovisionofretailandcommercialgoodsandservicesorthe provision of residential uses or other uses at transfer facilities shall be designedtoofferconveniencetotransitcustomersandshallbeconducted in a manner that encourages multimodal access from all users.
SECTION 13.
SECTION16.
InColoradoRevisedStatutes,32-9-119.9,amend (1)(a);
and repeal (1)(d) as follows:
32-9-119.9.
Limited authority to charge fees for parking - reserved parking spaces - penalties - definitions.
(1) (a) The district may charge a parking fee at a district parking facility.
for:
(I) A motor vehicle registered at an address outside the district;
(II) A motor vehicle left in the district parking facility for more than twenty-four hours;
or (III) Reserved parking.
(d) Except as otherwise provided bythissection, the district shall -26- 151 not charge a person any type of fee, regardless of what it may be called, to park at a district parking facility.
SECTION 17.
SECTION14.
SECTION18.
(1.7) (a) TI) MAXIMUM AMOUNT OF AGGREGATE CONTRIBUTIONS THAT ANY ONE -21- SB20-151 PERSONOTHERTHANA SMALLDONORCOMMITTEEORAPOLITICALPARTY MAYMAKETOACANDIDATECOMMITTEEOFACANDIDATEFORTHEBOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRIC,AND THAT A CANDIDATE COMMITTEE FOR SUCH CANDIDATE MAY ACCEPT FROM ANY SUCH PERSON,IS ONE THOUSAND TWO HUNDRED FIFTY DOLLARS FOR THE GENERAL ELECTION.
(1.7) (a) TI) MAXIMUM AMOUNT OF AGGREGATE CONTRIBUTIONS THAT ANY ONE PERSONOTHERTHANA SMALLDONORCOMMITTEEORAPOLITICALPARTY MAYMAKETOACANDIDATECOMMITTEEOFACANDIDATEFORTHEBOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRIC,AND THAT A CANDIDATE COMMITTEE FOR SUCH CANDIDATE MAY ACCEPT FROM ANY SUCH PERSON,IS ONE THOUSAND TWO HUNDRED FIFTY DOLLARS FOR THE -27- 151 GENERAL ELECTION .
(III) TE MAXIMUM AMOUNT OF AGGREGATE CONTRIBUTIONS THAT A POLITICAL PARTY MAY MAKE TO A CANDIDATE COMMITTEE OF A CANDIDATE FOR THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT, AND THAT A CANDIDATE COMMITTEE FOR SUCH CANDIDATE MAY ACCEPT FROM ANY POLITICAL PARTY ,IS FIVE THOUSAND DOLLARS FOR THE APPLICABLE ELECTION CYCLE.
(III) THE MAXIMUM AMOUNT OF AGGREGATE CONTRIBUTIONS THAT A POLITICAL PARTY MAY MAKE TO A CANDIDATE COMMITTEE OF A CANDIDATE FOR THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT ,AND THAT A CANDIDATE COMMITTEE FOR SUCH CANDIDATE MAY ACCEPT FROM ANY POLITICAL PARTY , IS FIVE THOUSAND DOLLARS FOR THE APPLICABLE ELECTION CYCLE.
(b) CANDIDATES MAY ACCEPT CONTRIBUTIONS SUBJECT TO THE AGGREGATELIMITSSPECIFIEDINSUBSECTION (1.7)(a)(OR (1.7)(a)(OF) THIS SECTION IN ACCORDANCE WITH SUBSECTIO(4.5)OF THIS SECTI.N (c) AYMONETARYAMOUNTSPECIFIEDINSUBSECTION (1.7)(aOF THIS SECTION MUST BE ADJUSTED IN ACCORDANCE WITH THE ADJUSTMENTS MADE TO OTHER CONTRIBUTION LIMITS AS SPECIFIED IN SECTION 3 (13OF ARTICLEXXVIII OF THE STATE CONSTITUTIO.
(b) CANDIDATES MAY ACCEPT CONTRIBUTIONS SUBJECT TO THE AGGREGATELIMITSSPECIFIEDINSUBSECTION (1.7)(a)(OR(1.7)(a)(IOF THIS SECTION IN ACCORDANCE WITH SUBSECTION(4.5OF THIS SECTIO.
(d) THE REQUIREMENTS OF SECTION1-45-108AND 1-45-109,AS -22- SB20-151 APPLICABLE ,APPLY TO ANY CONTRIBUTION MADE OR RECEIVED THAT IS SUBJECT TO SUBSECTION (1.7)(aOF THIS SECTION.
(c) ANYMONETARYAMOUNTSPECIFIEDINSUBSECTION (1.7)(aOF THIS SECTION MUST BE ADJUSTED IN ACCORDANCE WITH THE ADJUSTMENTS MADE TO OTHER CONTRIBUTION LIMITS AS SPECIFIED IN SECTION 3 (13OF ARTICLEXXVIII OF THE STATE CONSTITUTION.
(e) FOR PURPOSES OF THIS SUBSECTION (1.7), REGIONAL TRANSPORTATION DISTRICT "MEANS THE REGIONAL TRANSPORTATION DISTRICT ESTABLISHED IN ARTICLE9OF TITLE32.
(d) THE REQUIREMENTS OF SECTIONS1-45-108AND 1-45-109,AS APPLICABLE,APPLY TO ANY CONTRIBUTION MADE OR RECEIVED THAT IS SUBJECT TO SUBSECTION(1.7)(aOF THIS SECTIO.
(4.5) (a) A candidate committee established in the name of a candidate who is a write-in candidate, an unaffiliated candidate, or candidate of a minor political party who is not running in a primary election,OR A CANDIDATE FOR THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT may accept from any one person the aggregate contribution limit specified in either section3(1)of article XXVIII of the state constitution or subsection OR.(1.7)(a) of this sectionapplicabletotheofficeheorsheisseekingatanypointduringthe election cycle in which the candidate in whose name the candidate committee is accepting contributions is on the general election ballot.
(e) FOR PURPOSES OF THIS SUBSECTION (1.7),REGIONAL TRANSPORTATION DISTRICT "MEANS THE REGIONAL TRANSPORTATION DISTRICT ESTABLISHED IN ARTICL9OF TITLE32.
(b) A candidate committee established inthenameof acandidate whoisawrite-incandidate,anunaffiliatedcandidate,orhecandidateof a minor political party who is not running in a primary election, CANDIDATE FOR THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT may expend contributions received and accepted in accordance with paragraph (a) of this subsection (4.5) SUBSECTION (4.5)(aOF THIS SECTION at any point during the election cycle in which the candidate in whose name the candidate committee is accepting contributions is on the general election ballot.
-28- 151 (4.5) (a) A candidate committee established in the name of a candidate who is a write-in candidate, an unaffiliated candidate, or candidate of a minor political party who is not running in a primary election,OR A CANDIDATE FOR THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT may accept from any one person the aggregate contribution limit specified in either section 3(1)of article XXVIII of the state constitution or subsection (1.5)(a)a) of this sectionapplicabletotheofficeheorsheisseekingatanypointduringthe election cycle in which the candidate in whose name the candidate committee is accepting contributions is on the general election ballot.
(7) (a) Any person who believes that a violation of subsection (1.5), (1.7), (5), or (6) of this section has occurred may file a written complaint with the secretary of state in accordance with section -23- SB20-151 1-45-111.7.
(b) A candidate committee established in thenameof acandidate whoisawrite-incandidate,anunaffiliatedcandidate,orecandidateof a minor political party who is not running in a primary election, CANDIDATE FOR THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT may expend contributions received and accepted in accordance with paragraph (a) of this subsection (4.5) SUBSECTION (4.5)(aOF THIS SECTIONat any point during the election cycle in which the candidate in whose name the candidate committee is accepting contributions is on the general election ballot.
(7) (a) Any person who believes that a violation of subsection (1.5), (1.7), (5), or (6) of this section has occurred may file a written complaint with the secretary of state in accordance with section 1-45-111.7.
SECTION 15.
-29- 151 SECTION 19.
(b.5) "D ISTRICT" MEANS THE REGIONAL TRANSPORTATION DISTRICT ESTABLISHED IN ARTICLE 9OF TITLE 32.
(b.5) "D ISTRICT" MEANS THE REGIONAL TRANSPORTATION DISTRICT ESTABLISHED IN ARTICLE 9 OF TITLE32.
(2) (b) (II) The state auditor shall not disclose publicly, or when making a referral to another state agency OR TO THE DISTRICT in accordance with subsection (3)(b) of this section, the identity of any -24- SB20-151 individual who contacts the fraud hotlineunlesstheindividualgrantsthe stateauditorexpresspermissiontomakesuchdisclosure.Therestrictions imposed by this subsection (2)(b)(II) shall not apply when the state auditor makes a disclosure to a law enforcement agency, a district attorney, or the attorney general, in connection with a criminal investigation, or to the department of health care policyand financing or the attorney general in accordance with subsection (3)(a)(II) of this section.
(2) (b) (II) The state auditor shall not disclose publicly, or when making a referral to another state agency OR TO THE DISTRICT in accordance with subsection (3)(b) of this section, the identity of any individual who contacts the fraud hotlineunlesstheindividualgrantsthe stateauditorexpresspermissiontomakesuchdisclosure.Therestrictions imposed by this subsection (2)(b)(II) shall not apply when the state auditor makes a disclosure to a law enforcement agency, a district attorney, or the attorney general, in connection with a criminal -30- 151 investigation, or to the department of health care policyand financing or the attorney general in accordance with subsection (3)(a)(II) of this section.
The restrictions imposed by this subsection (2)(f)(II) shall not prevent communication by and among the state auditor, a state agency, the governor, the committee,RIC, a law enforcement agency, a district attorney, or the attorney general in accordance with the requirements of this section.
The restrictions imposed by this subsection (2)(f)(II) shall not prevent communication by and among the state auditor, a state agency, the governor, the committee,RICT, a law enforcement agency, a district attorney, or the attorney general in accordance with the requirements of this section.
(3)(b) Ifthestateauditordeterminesthroughtheinitialscreening that a hotline call constitutes an allegation of fraud committed by an employee or a contracted individual, the state auditor shall consult and coordinate with management or management's designee of the affected state agency or, in the case of alleged fraud involving a gubernatorial appointee, the governor's office, IN THE CASE OF ALLEGED FRAUD INVOLVING THE DISTRICT , THE CHAIR OF THE DISTRICT 'S BOARD OF DIRECTORS , for the purpose of referring the hotline call and any related -25- SB20-151 workpapers to the affected agencyOR THE DISTRICT.
(3)(b) If thestateauditordeterminesthroughtheinitialscreening that a hotline call constitutes an allegation of fraud committed by an employee or a contracted individual, the state auditor shall consult and coordinate with management or management's designee of the affected state agency or, in the case of alleged fraud involving a gubernatorial appointee, the governor's office,,IN THE CASE OF ALLEGED FRAUD INVOLVING THE DISTRICT ,THE CHAIR OF THE DISTRICT S BOARD OF DIRECTORS , for the purpose of referring the hotline call and any related workpapers to the affected agencyR THE DISTRICT.
Upon receiving a referred hotline call from the state auditor, the state agencyTHE DISTRICT is responsible for determining and taking appropriate action to respondtothereferredhotline call and reporting back tothestateauditor in accordance with subsection (4) of this section.
Upon receiving a referred hotline call from the state auditor, the state agencyE DISTRICT is responsible for determining and taking appropriate action to respond to the referred hotline callandreportingbacktothestateauditor in accordance with subsection (4) of this section.
In determining appropriate action, the state agencyTHE DISTRICT may request either the assistance of the state auditor to participate in an investigation or request that the state auditor conduct the entire investigation.
In determining -31- 151 appropriate action, the state ageOR THE DISTRICT may request either the assistance of the state auditor to participate in an investigation or request that the state auditor conduct the entire investigation.
(I) The state auditor has access at all times to all of the books, accounts, reports, vouchers, or other records or information maintained bytheagency ORTHEDISTRICT thataredirectlyrelatedtothescopeof the investigation.
(I) The state auditor has access at all times to all of the books, accounts, reports, vouchers, or other records or information maintained bytheagency ORTHEDISTRICT thataredirectlyrelatedtothescopeofthe investigation.
(II) The state auditor shall report the results of the investigation to the head of the affected agency or, in the case of alleged fraud involving a gubernatorial appointee, to the governor's office, THE CASE OFALLEGED FRAUDINVOLVINGTHE DISTRICT ,TOTHE CHAIROFTHE DISTRICTSBOARDOFDIRECTORS .Thestateauditorshallalsoprovideany workpapers prepared or maintained by the state auditor during the investigation.
(II) The state auditor shall report the results of the investigation to the head of the affected agency or, in the case of alleged fraud involving a gubernatorial appointee, to the governor's office, THE CASE OFALLEGED FRAUD INVOLVINGTHE DISTRICT ,TOTHE CHAIROFTHE DISTRICTSBOARDOFDIRECTORS .Thestateauditorshallalsoprovideany workpapers prepared or maintained by the state auditor during the investigation.
(4) Whenastate agency ORTHEDISTRICT isreferredahotlinecall by the state auditor pursuant to subsection (3)(b) of this section and has not requested that the state auditor either participate in or conduct the entireinvestigation,thestateagencyRTHEDISTRICT shallreportbackto -26- SB20-151 the state auditor within ninety days on the disposition of the referral, including action the agency THE DISTRICThas taken to respond to the fraud allegation and the results of any subsequent investigation by the agency OR THE DISTRICT.
(4) Whenastateagency ORTHE DISTRICT isreferredahotlinecall by the state auditor pursuant to subsection (3)(b) of this section and has not requested that the state auditor either participate in or conduct the entireinvestigation,thestateagencyRTHEDISTRICT shallreportbackto the state auditor within ninety days on the disposition of the referral, including action the agencyR THE DISTRICThas taken to respond to the fraud allegation and the results of any subsequent investigation by the agency OR THE DISTRICT .
If the state agenOR THE DISTRICT has not reached a disposition of the referred hotline call within ninety days, the agency ORTHEDISTRICT shallreporttothe state auditor the current status of the referral as of the ninety-day deadline.
If the state agenOR THE DISTRICT has not reached a disposition of the referred hotline call within ninety days, the -32- 151 agency ORTHEDISTRICT shall report to the state auditorthecurrentstatus of the referral as of the ninety-day deadline.
This reporting requirement continues every ninety days thereafter until the OR THE DISTRICT has reached a disposition of the referred hotline call.
This reporting requirement continues every ninety days thereafter until the agency DISTRICT has reached a disposition of the referred hotline call.
SECTION16.
SECTION20.
SECTION 17.
SECTION 21.
and (5)(a) Subjecttotheprovisionsofparagraph(c)ofthissubsection -27- SB20-151 (5)SUBSECTION (5)(c)OF THIS SECTION, the commission shall dismiss as frivolous any complaint filed under article XXIX, INCLUDING A COMPLAINT FILED IN ACCORDANCE WITH SECTION 32-9-118(2), that fails to allege that a public officer, member of the general assembly, local government official, or government employee has accepted or received anygiftorotherthingof valueforprivategainorpersonalfinancialgain.
and (5)(a) Subjecttotheprovisionsofparagraph(c)ofthissubsection (5) SUBSECTION (5)(cOF THIS SECTION, the commission shall dismiss as frivolous any complaint filed under article XXIX, INCLUDING A COMPLAINT FILED IN ACCORDANCE WITH SECTION 32-9-118(2), that fails to allege that a public officer, member of the general assembly, local government official, or government employee has accepted or received -33- 151 anygiftorotherthingof valueforprivategainorpersonalfinancialgain.
SECTION18.
SECTION22.
(2) "Disclosure of information" means the written provision of evidence to any person, or the testimony before any committee of the general assembly, regarding any action, policy, regulation, practice, or procedure regardingTHE DISTRICT OR a private enterprise under contract with a state agencyR THE DISTRICT which, if not disclosed, could result in the waste of public funds, could endanger the public health, safety, or welfare, or could otherwise adversely affect the interests of the state THE DISTRICT.
(2) "Disclosure of information" means the written provision of evidence to any person, or the testimony before any committee of the general assembly, regarding any action, policy, regulation, practice, or procedure regardingTHE DISTRICT OR a private enterprise under contract with a state agencyR THE DISTRICT which, if not disclosed, could result in the waste of public funds, could endanger the public health, safety, or welfare, or could otherwise adversely affect the interests of theORtate THE DISTRICT.
(4) "Private enterprise under contract with a state agencyTHE DISTRICT" means any individual, firm, limited liability company, partnership, joint venture, corporation, association, or other legal entity which is a partyto anytype of statereement, regardless of what it may be called, for the procurement or disposal of supplies, services, or -28- SB20-151 construction for any department, office, commission, institution, board, or other agency of state governmentTHE DISTRICT.
(4) "Private enterprise under contract with a state agencyTHE DISTRICT" means any individual, firm, limited liability company, partnership, joint venture, corporation, association, or other legal entity which is a partyto anytype of statereement, regardless of what it may be called, for the procurement or disposal of supplies, services, or construction for any department, office, commission, institution, board, or other agency of state governmentR THE DISTRICT .
SECTION19.
SECTION23.
(1) Except as provided in subsection (2) of this section, no appointing authority or supervisor of THE DISTRICT ORa private enterprise under contract with a state agency OR THE DISTRICT shall initiate or administer any disciplinary action against any employee on account of the employee's disclosure of information concerningTHE DISTRICT OR said private enterprise.
(1) Except as provided in -34- 151 subsection (2) of this section, no appointing authority or supervisor of THE DISTRICT OR a private enterprise under contract with a state agency OR THE DISTRICT shall initiate or administer any disciplinary action against any employee on account of the employee's disclosure of information concerningTHE DISTRICT OR said private enterprise.
(a) Anemployeewhodisclosesinformationthathe ORSHE knows to be false or who discloses information with disregard for the truth or falsity thereof;
(a) Anemployeewhodisclosesinformationthathe ORSHE knows to be false or who discloses information with disregard for the truth or falsity thereoAND (b) Anemployeewhodisclosesinformationwhichisconfidential under any other provision of law.
(b) Anemployeewhodisclosesinformationwhichisconfidential under any other provision of law.
(3) An entity THE DISTRICT AND A PRIVATE ENTERPRISE under contract with a state agencyOR THE DISTRICT shall not initiate or administeranydisciplinaryactionagainstanyemployeeonaccountofthe employee'sdisclosureofinformationtothefraudhotlineadministeredby the state auditor in accordance with section 2-3-110.5;
(3) An entityT HE DISTRICT AND A PRIVATE ENTERPRISE under contract with a state agencyOR THE DISTRICT shall not initiate or administeranydisciplinaryactionagainstanyemployeeonaccountofthe employee'sdisclosureofinformationtothefraudhotlineadministeredby the state auditor in accordance with section 2-3-110.5;
SECTION 20.
SECTION24.
Act subject to petition - effective date - applicability.(1) Thisacttakeseffectat12:01a.m.onthedayfollowing the expiration of the ninety-day period after final adjournment of the general assembly (August 5, 2020, if adjournment sine die is on May 6, -29- SB20-151 2020);
In Colorado RevisedStatutes,39-26-102,amend (8) as follows:
except that, if a referendum petition is filed pursuant to section 1 (3)ofarticleVofthestateconstitutionagainstthisactoranitem,section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved bythe people at the general election to be held in November 2020 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
39-26-102.
(2) Section 14 of this act applies to the portion of any election cycleorfortheportionofthecalendaryearremainingaftersaiddate,and for any election cycle or calendar year commencing after said date.
Definitions.
-30- SB20-151
As used in this article 26, unless the context otherwise requires:
(8) "Retailer" or "vendor" means a person doing business in this state known to the trade and public as such, and selling to the user or consumer,andnotforresale.Thetermincludesamarketplacefacilitator, a marketplace seller, and a multichannel seller doing business in this state.
TE TERM INCLUDES THE REGIONAL TRANSPORTATION DISTRICT -35- 151 CREATEDIN ARTICLE 9OFTITLE 32IF,PURSUANT TOSECTION 32-9-119.8, THE REGIONAL TRANSPORTATION DISTRICT SELLS RETAIL AND COMMERCIALGOODSTOTHEPUBLICOTHERTHANMASSTRANSPORTATION TICKETS ,TOKENS ,PASSES, AND OTHER TRANSACTIONS DIRECTLY AND NECESSARILY RELATED TO THE OPERATION OF A MASS TRANSPORTATION SYSTEM .
SECTION 25.
In Colorado Revised Statutes, add 43-1-126 and 43-1-127 as follows:
43-1-126.
Regional transportation district blue ribbon panel - creation - powers and duties - definitions - repeal.
(1) A IN THIS SECTION,UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "ADA" MEANSTHE FEDERAL "AMERICANSWITH D ISABILITIES A CT OF1990", 42 U.S.CSEC .
12101ET SE.,AS AMENDED .
(b) "DISTRICT"MEANSTHEREGIONALTRANSPORTATIONDISTRICT CREATED IN ARTICLE 9OF TITLE32.
(c) "PANEL " MEANS THE REGIONAL TRANSPORTATION DISTRICT BLUE RIBBON PANEL CREATED IN SUBSECTION (2)OF THIS SECTIO.
(2) THEREISHEREBYCREATEDINTHEDEPARTMENTTHEREGIONAL TRANSPORTATION DISTRICT BLUE RIBBON PANEL .
(3) (a) T HE PANEL CONSISTS OF SIX MEMBERS APPOINTED AS FOLLOWS :
(I) O NE MEMBER ASSOCIATED WITH AN ACADEMIC INSTITUTION WITH EXPERTISE IN REGIONALTRANSPORTATION AUTHORITIES AND MASS TRANSIT ,APPOINTED BY THE PRESIDENT OF THE SENATE;
(II) O NE MEMBER WITH EXPERTISE IN URBAN PLANNING AND DEVELOPMENT ,APPOINTED BY THE GOVERNOR ;
(III) ONE MEMBER WITH EXPERTISE IN TRANSPORTATION POLICY, -36- 151 APPOINTED BY THE GOVERNOR ;
(IV) O NE MEMBER WHO IS AN ELECTED OFFICIAL FROM A LOCAL GOVERNMENTWITHINTHEDISTRICT ,APPOINTEDBYTHEMINORITYLEADER OF THE HOUSE OF REPRESENTATIVES;
(V) O NE MEMBER WITH EXPERTISE IN FISCAL POLIC,APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES;AND (VI) O NE MEMBER WITH EXPERTISE IN ADA COMPLIANCE AND EQUITY ,APPOINTED BY THE MINORITY LEADER OF THE SENATE.
(b) THEAPPOINTINGAUTHORITIESSHALLMAKEAPPOINTMENTSTO THE PANELASSOONASPRACTICABLEAFTERTHEEFFECTIVE DATE OFTHIS SECTION .
N THE EVENT OF A VACANCY ,A NEW MEMBER SHALL BE APPOINTED IN THE SAME MANNER AS PROVIDED IN SUBSECTION (3)(aOF THIS SECTION FOR THE VACANT POSITIO.
(c) EACHMEMBEROFTHEPANELSERVESWITHOUTCOMPENSATION BUT IS ENTITLED TO RECEIVE REIMBURSEMENT FOR ACTUAL AND NECESSARYEXPENSESINCURREDINTHEPERFORMANCEOFTHEMEMBER S DUTIES.
(4) (a) TE FIRST MEETING OF THE PANEL MUST BE HELD AS SOON AS PRACTICABLE AFTER THE EFFECTIVE DATE OF THIS SECTIO.
(b) T HE PANEL SHALL ELECT A CHAIR AND A VICECHAIR FROM AMONG ITS MEMBERS .
HE PANEL SHALL MEET AS OFTEN AS NECESSARY AS DETERMINED BY THE CHAIR TO FULFILL THE PANEL S DUTIES UNDER THIS SECTION.
(5) (a) THE PANEL SHALL PERFORM AN IN DEPTH DIAGNOSTIC REVIEW OF THE DISTRICTS CORE FUNCTIONS AS DESCRIBED IN ARTICL9 OF TITLE32.
THE REVIEW MUST INCLUDE,BUT NEED NOT BE LIMITED T:
(I) ALITERATUREREVIEWENCOMPASSINGRECENTSTUDIESOFTHE -37- 151 DISTRICT AND OF SIMILAR TRANSIT AGENCIES CNOLORADO AND ACROSS THE U NITEDS TATES;
(II) A PERFORMANCE REVIEW OF THE DISTRICT ,BENCHMARKED AGAINST SIMILARLY SIZED TRANSIT AGENCIES;
(III) A REVIEW OF THE DISTRICT'S CORE FUNCTIONS AND ANY DEFICIENCIES IN MEETING THEM;
(IV) A REVIEW OF THE DISTRICTS PRACTICES AND PROCEDURES RELATED TO ASSET MANAGEMENT ,EXPANSION ,AND MAINTENANCE ;
(V) A REVIEW OF THE DISTRICT S FINANCES AND FINANCIAL MANAGEMENT ;
(VI) A REVIEW OF THE DISTRIC'S SYSTEM OF GOVERNANCE ;
(VII) AREVIEWOFTHEDISTRICT SCAPITALPLANNINGPROCESSES ;
(VIII) A REVIEW OF THE DISTRICT'S EFFORTS TO ADDRESS THE STATE S CLIMATE CHANGE GOALS ;
(IX) THECOLLECTIONANDANALYSISOFDATAFROMTHEDISTRICT AND THIRD PARTIES RELATED TO THE DISTRICT S OPERATIONAL COSTS , PROGRAM SPENDING , REVENUE SOURCES ,PERFORMANCE DATA ,AND PERSONNEL NEEDS ;AND (X) T HEDISTRICTSCOMPLIANCEWITHTHE ADA ANDITSABILITY TO MEET THE NEEDS OF TRANSIT -DEPENDENT POPULATIONS IN THE DISTRICT.
(b) THEPANELSHALLCONDUCTINTERVIEWSANDMEETINGSWITH CURRENT AND FORMER STAFF MEMBERS OF THE DISTRICT ,MEMBERS OF THE DISTRICT S BOARD OF THE DIRECTORS , AND OTHER DISTRICT STAKEHOLDERS TO ASSIST IN ITS ANALYSIS OF THE ISSUES DESCRIBED IN SUBSECTION (5)(aOF THIS SECTION.
HE PANEL SHALL CONDUCT SITE VISITS TO DISTRICT FACILITIES AS NECESSARY TO COMPLETE ITS REV.EW -38- 151 (6) THE DISTRICT SHALL ALLOW THE PANEL MEMBERS ACCESS TO ITS FACILITIES AND TO ALLRELEVANT FI,RECORDS,AND DOCUMENTS , ON A TIMELY BASIS AND WITHOUT COST,AS NECESSARY TO ALLOW THE PANEL TO COMPLETE ITS WORK IN ACCORDANCE WITH THIS SECTI.THE DISTRICT MAY REQUIRE PANEL MEMBERS TO ENTER INTO A NONDISCLOSURE AGREEMENT BEFORE REVIEWING FILES ,RECORDS ,OR DOCUMENTS THAT WOULD BE EXEMPT FROM PUBLIC DISCLOSURE UNDER PART 2 OF ARTICLE72 OF TITLE24.
THE DISTRICT MAY IMPOSE SUCH REQUIREMENTS FOR ACCESS TO ITS FACILITIES AS ARE NECESSARY TO PROTECT THE SAFETY AND SECURITY OF PANEL MEMBERS , DISTRICT EMPLOYEES ,AND DISTRICT FACILITI.S (7) ONORBEFORE SEPTEMBER 1,2020,THE PANELSHALLSUBMIT AWRITTENREPORTSUMMARIZINGITSFINDINGSANDRECOMMENDATIONS TO THE GOVERNOR ,THE TRANSPORTATION AND ENERGY COMMITTEE OF THESENATE ,THETRANSPORTATIONANDLOCALGOVERNMENTCOMMITTEE OF THE HOUSE OF REPRESENTATIVES , THE DISTRICT, AND LOCAL GOVERNMENTS WITHIN THE DISTRICT .
HE DISTRICT SHALL MAKE THE REPORT AVAILABLE TO THE PUBLIC ON ITS WEBSI.E (8) UPONREQUESTBYTHECHAIROFTHEPANEL THEDEPARTMENT SHALLPROVIDEMEETINGSPACE EQUIPMENT ,ANDSTAFFSERVICESASMAY BE NECESSARY TO IMPLEMENT THIS SECTIO.
(9) THE DISTRICT SHALL NOT HIRE A PERMANENT GENERAL MANAGER UNTIL THE PANEL S REPORT REQUIRED BY SUBSECTION(7)OF THIS SECTION IS COMPLETE.
(10) THE GENERAL ASSEMBLY SHALL APPROPRIATE MONEY FROM THE GENERAL FUND TO THE DEPARTMENT TO COVER COSTS ASSOCIATED WITH THE PANEL.
-39- 151 (11) THE PANEL IS DISSOLVE,EFFECTIVESEPTEMBER 30, 2020.
THIS SECTION IS REPEAL,EFFECTIVE OCTOBER 1, 2021.
43-1-127.
Regional transportation district accountability committee-creation-powersandduties-definitions-repeal.(1) AS USED IN THIS SECTI,UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "ADA" MEANSTHE FEDERAL "A MERICANSWITH D ISABILITIES A CT OF1990", 42 U.S.SEC.
12101ET SEQ.AS AMENDED .
(b) "BOARD" MEANS THE BOARD OF DIRECTORS OF THE DISTRICT ESTABLISHED IN SECTIO32-9-109.5.
(c) "COMMITTEE " MEANS THE REGIONAL TRANSPORTATION DISTRICT ACCOUNTABILITY COMMITTEE CREATED IN SUBSECTION(2)OF THIS SECTIO.
(d) "DISTRIC"MEANSTHEREGIONALTRANSPORTATIONDISTRICT CREATED IN ARTICLE9OF TITLE32.
(e) "PANEL" MEANS THE REGIONAL TRANSPORTATION DISTRICT BLUE RIBBON PANEL CREATED IN SECTIO43-1-126.
(2) TEREISHEREBYCREATEDINTHEDEPARTMENTTHEREGIONAL TRANSPORTATION DISTRICT ACCOUNTABILITY COMMITTEE.
(3)(a) HECOMMITTEE CONSISTS OFSEVENMEMBERSAPPOINTED AS FOLLOWS :
(I) OEMEMBEROFALOCALGOVERNMENTWITHINTHEDISTRICT , APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES ;
(II) ONE MEMBER WITH EXPERTISE ON ISSUES FACING TRANSIT RIDERSWITHDISABILITIESAPPOINTEDBYTHEPRESIDENTOFTHESENATE ;
(III) ONE MEMBER WITH EXPERTISE IN HUMAN RESOURCES , APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF -40- 151 REPRESENTATIVES ;
(IV) O NE MEMBER WITH EXPERTISE IN TRANSIT SERVICES AND PLANNING ,APPOINTED BY THE GOVERNOR ;
(V) O NE MEMBER WITH EXPERTISE IN EQUIT,APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES;
(VI) O NE MEMBER WITH EXPERTISE IN FINANCIAL PLANNING AND MANAGEMENT ,APPOINTED BY THE GOVERNOR ;AND (VII) O NE MEMBER WITH EXPERTISE IN URBAN PLANNING AND RELATED ENVIRONMENTAL ISSUES ,APPOINTED BY THE GOVERNOR .
(b) T HE APPOINTING AUTHORITIES SHALL MAKE THEIR INITIAL APPOINTMENTSONORBEFORE JULY 1,2020,FORTERMSLASTINGFORTHE DURATIONOFTHECOMMITTEE SEXISTENCE .NTHEEVENTOFAVACANCY , ANEWMEMBERSHALLBE APPOINTEDINTHE SAME MANNERASPROVIDED IN SUBSECTION (3)(aOF THIS SECTION FOR THE VACANT POSITIO.
(c) EACH MEMBER OF THE COMMITTEE IS ENTITLED TO COMPENSATIONINTHE AMOUNT OFONE THOUSAND DOLLARS PER MONTH FROM THE TIME OF THE APPOINTMENT TO THE CONCLUSION OF THEIR SERVICE .AMEMBERISNOTENTITLEDTOREIMBURSEMENTFOREXPENSES .
(4) (a) HE EXECUTIVE DIRECTOR OR THE EXECUTIVE DIRECTORS DESIGNEESHALLCALLTHEFIRSTMEETINGOFTHECOMMITTEEASSOONAS PRACTICABLE AFTER THE PANEL COMPLETES ITS REPORT PURSUANT TO SECTION 43-1-126 (7)BUT NO LATER THAN JULY 1, 2020.
(b) T HE COMMITTEE SHALL ELECT A CHAIR AND A VICE -CHAIR FROM AMONG ITS MEMBERS .
THE COMMITTEE SHALL MEET AS OFTEN AS NECESSARY AS DETERMINED BY THE CHAIR TO FULFILL THE COMMITTEES DUTIES UNDER THIS SECTION.
(5) (a) T HE COMMITTEE SHALL PERFORM A COMPREHENSIVE -41- 151 REVIEW OF THE DISTRIC,TAKING INTO ACCOUNT THE PERSPECTIVES OF THESTAFFANDMANAGERSOFTHEDISTRICT ,THEBOARD ,ANDTHEPUBLIC .
T HE COMMITTEE SHALL ISSUE A REPORT WITH WRITTEN FINDINGS AND RECOMMENDATIONS ON OR BEFORE JANUARY 1, 2021AND EVER SIX MONTHS THEREAFTER THROUGH JULY 1, 2023.
HE COMMITTEE SHALL SUBMIT ITS REPORTS TO THE GOVERNOR ,THE TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE OR ITS SUCCESSOR COMMITTEE,THE TRANSPORTATION AND LOCAL GOVERNMENT COMMITTEE OF THE HOUSE OFREPRESENTATIVES OR ITS SUCCESSOR COMMITTEE,THE DISTRIC,AND LOCAL GOVERNMENTS WITHIN THE DISTRICT.
HE DISTRICT SHALL MAKE EACH REPORT ISSUED BY THE COMMITTEE AVAILABLE TO THE PUBLIC ON ITS WEBSIT.
(b) IN ISSUING ITS REPORTS AND RECOMMENDATIONS , THE COMMITTEE SHALL CONSIDER , BUT NEED NOT BE LIMITED TO, THE FOLLOWING ISSUES:
(I) THE FINDINGS AND RECOMMENDATIONS OF THE PANEL;
(II) ACESSIBILITYOFTHEDISTRICT'SSERVICESANDFACILITIESIN ACCORDANCE WITH THE ADA, WITH SPECIAL CONSIDERATION OF PARATRANSIT ;
(III) EUITY IN SERVICES PROVIDED TO THE DISTR,ANALYZED IN TERMS OF GEOGRAPHY ,FARE STRUCTURES , AND THE NEEDS OF TRANSIT-DEPENDENT POPULATIONS ;
(IV) STAFF MANAGEMENT ,RETENTION,AND HIRING;
(V) THE DISTRIC'S USE OF AND RELATIONSHIP WITH CONTRACTORS ,INCLUDING THE TRAINING REQUIREMENTS FOR AND PAY STRUCTURES OF CONTRACTORS ;
(VI) THE ADEQUACY ,ACCESSIBILIT, AND RELIABILITY OF THE -42- 151 SERVICES PROVIDED BY THE DISTRICT;
(VII) THEDISTRICT SPARTNERSHIPSWITHLOCALGOVERNMENTS ;
(VIII) THE FINANCIAL HEALTH OF THE DISTRICT,INCLUDING ITS SPENDING ON EXPENSES NOT DIRECTLY RELATED TO TRANSIT ;
(IX) T HE DISTRIC'S PLANS FOR EXPANSIONS OR REDUCTIONS IN SERVICE AND ITS CRITERIA AND PROCESS FOR MAKING DECISIONS ON EXPANSIONS AND REDUCTIONS IN SERVICE ;
(X) T HE DISTRICTS STRATEGIC PLANNING PROCESS AND ANY RECOMMENDATIONS FOR TRAINING FOR THE BOARD AND MANAGEMENT PERSONNEL ;
(XI) A REVIEW OF THE DISTRICT S EFFORTS TO ADDRESS THE STATE S CLIMATE CHANGE GOALS ;
(XII) STRATEGIES FOR THE DISTRICT TO INCREASE RIDERSHI;
(XIII) THE RESULTS OF ANY AUDITS OF THE DISTRICT AND THE NEED FOR ADDITIONAL AUDITS BY THE STATE;AND (XIV) T HE PENSIONS OFFERED BY THE DISTRIC.
(6) THE COMMITTEE MAY CONTRACT WITH A PUBLIC OR PRIVATE ENTITYWITHEXPERTISEINTRANSITAGENCYFINANCEANDOPERATIONSTO SUPPORT ITS WORK .
(7) (a) W ITHIN THIRTY DAYS AFTER THE COMMITTEE ISSUES A REPORTOFITSRECOMMENDATIONSASREQUIREDBYSUBSECTION (5)(a)OF THISSECTION ,THEDISTRICTSHALLSUBMITAWRITTENRESPONSETOEACH ENTITY THAT RECEIVES THE COMMITTEE S REPORT RESPONDING TO ANY RECOMMENDATION THAT THE DISTRICT DOES NOT PLAN TO ADOPT AND EXPLAININGWHYTHEDISTRICTISNOTADOPTINGTHERECOMMENDATION .
T HEDISTRICTSHALLMAKETHEDISTRICT SRESPONSESAVAILABLETOTHE PUBLIC ON ITS WEBSIT.
-43- 151 (b) HEDISTRICTSHALLALLOWTHECOMMITTEEMEMBERSACCESS TO ITS FACILITIES AND TO ALL RELEVANT FILES , RECORDS , AND DOCUMENTS ,ON A TIMELY BASIS AND WITHOUT CO,AS NECESSARY TO ALLOW THE COMMITTEE TO COMPLETE ITS WORK IN ACCORDANCE WITH THIS SECTION.
HE DISTRICT MAY REQUIRE COMMITTEE MEMBERS TO ENTER INTO A NONDISCLOSURE AGREEMENT BEFORE REVIEWING FILES , RECORDS , OR DOCUMENTS THAT WOULD BE EXEMPT FROM PUBLIC DISCLOSUREUNDERPART 2 OFARTICLE72 OFTITLE24.THEDISTRICTMAY IMPOSE SUCH REQUIREMENTS FOR ACCESS TO ITS FACILITIES AS ARE NECESSARY TO PROTECT THE SAFETY AND SECURITY OF COMMITTEE MEMBERS ,DISTRICT EMPLOYEES,AND DISTRICT FACILITI.S (8) THE BOARD AND THE COMMITTEE MAY MEET INJOINTSESSION TO ASSIST THE COMMITTEE IN ITS REVIEW .
WHEN THE BOARD AND COMMITTEE MEET IN JOINT SESSION,THE COMBINED BODY IS A LOCAL PUBLICBODYFORTHEPURPOSESOFSECTION 24-6-402ANDMAYGOINTO EXECUTIVESESSIONINACCORDANCEWITHSUBSECTION 24-6-402(4).HE BOARD SBYLAWSGOVERNANYPROCEDURALMATTERSWHENTHEBOARD AND THE COMMITTEE MEET IN JOINT SESSI.N (9) U PON REQUEST BY THE CHAIR OF THE COMMITTEE , THE DEPARTMENT SHALL PROVIDE MEETING SPACE ,EQUIPMENT ,AND STAFF SERVICES AS MAY BE NECESSARY TO IMPLEMENT THIS SECTI.N (10) THE GENERAL ASSEMBLY SHALL APPROPRIATE MONEY FROM THE GENERAL FUND TO THE DEPARTMENT TO COVER COSTS ASSOCIATED WITH THE COMMITTEE .
(11) THE COMMITTEE SHALL SUBMIT ITS FINAL REPORT IN ACCORDANCE WITH SUBSECTION (5)(aOF THIS SECTION ON OR BEFORE JULY 1, 2023.HE COMMITTEE IS DISSOLVE,EFFECTIVE ULY 30, 2023.
-44- 151 (10) THIS SECTION IS REPEALE,EFFECTIVE SEPTEMBER 1, 2023.
SECTION26.
Applicability.Section14ofthisactappliestothe portion of any election cycle or for the portion of the calendar year remainingaftertheeffectivedateof thisact,andforanyelectioncycleor calendar year commencing after said date.
SECTION27.
Safetyclause.Thegeneralassemblyherebyfinds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety.
-45- 151
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Amendments

1 amendment

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Action History

  1. Senate Committee on Judiciary Postpone Indefinitely

  2. Senate Committee on Transportation & Energy Refer Amended to Judiciary

  3. Introduced In Senate - Assigned to Transportation & Energy

Sponsors

  • Colin Larson · Primary
  • Dominique Jackson · Primary
  • Robert Rodriguez · Primary
  • Jack Tate · Primary

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 98 not signed on

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (98)

98 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

What does SB 20-151 do?
The bill modifies the "Regional Transportation District Act" (Act) as follows: Provides factors for the regional transportation district (district) to consider in making decisions about services, route planning, and rates; Prohibits the district from discriminating against people with disabilities in the provision of transportation services and prohibits discrimination against an individual on the basis of race, color, ethnicity, or national origin in the provision of transportation services. A person who is the subject of a violation of the prohibition can bring a civil suit in state district court. Authorizes the transportation legislation review committee to review the district's compliance with the Act, requires the district to comply with requests for information, and requires the committee to hear public testimony concerning the district's compliance with the prohibitions on discrimination; Adds 2 additional voting board members to be appointed by the governor for 3-year terms, one to represent constituents with disabilities and one with experience in equitable transportation planning; Adds the state treasurer and the executive director of the department of transportation as nonvoting ex-officio members of the board; Establishes contribution limits in the "Fair Campaign Practices Act" for candidates for the board of directors of the district; Requires the board to meet monthly instead of quarterly and to live broadcast its meetings whenever practicable, requires members to be physically present to vote except in the case of a documented medical condition, allows the board to adopt procedures related to the removal of an elected or appointed member, and requires the board to adopt procedures to reduce the compensation of a member who is absent from the member's official duties; Allows the district to provide commercial and retail services at its facilities; Requires the state auditor to conduct audits of the district's pension plans and unfunded pension liability, the district's organization structure and compensation, and the cost-efficiency and effectiveness of the district's competitive vehicular services policies; Provides whistle-blower protections to employees of the district and of entities contracting with the district, includes the district within the scope of the state auditor's fraud hotline, makes the district's directors and certain employees subject to ethics requirements of the state constitution, and clarifies that the district is subject to existing codes of conduct for public employees; and Amends other provisions related to the administration of the district.(Note: This summary applies to this bill as introduced.)
Who sponsors SB 20-151?
SB 20-151 is sponsored by Colin Larson, Dominique Jackson, Robert Rodriguez (Democrat), and Jack Tate.
What is the current status of SB 20-151?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 20-151?
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