BY REPRESENTATIVES Taylor, Miller, Sullivant, Young, Allen, G. Berry, Dean, Dyer, Entz, Gordon, Grossman, June, Leyba, Nichol, Romero, Salaz, Saliman, Takis, Udall, S. Williams, Zimmerman, K. Alexander, Bacon, George, Kaufman, Lawrence, Mace, Reeser, Spradley, and Swenson;
also SENATORS Rizzuto, Lacy, Mutzebaugh, Wattenberg,
Bishop, Chlouber, Feeley, Norton, and Powers.
CONCERNING THE AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION
TO IMMEDIATELY ACQUIRE THE TOWNER RAILROAD LINE AS PART OF THE
STATE RAIL BANK, AND MAKING AN APPROPRIATION THEREFOR.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 4311305,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
4311305. Acquisition for
state rail bank acquisition of the Towner line - repeal.
(4) (a) THE GENERAL ASSEMBLY HEREBY FINDS AND
DETERMINES THAT ABANDONMENT OF THE TOWNER RAILROAD LINE AND REMOVAL
OF THE RAILROAD TRACKS FROM THAT LINE WOULD RESULT IN THE PERMANENT
LOSS OF THAT LINE. THE LOSS OF THE TOWNER LINE WOULD SERIOUSLY
IMPAIR THE ACCESS OF THE SOUTHEASTERN PORTION OF COLORADO TO COMMERCIAL
RAIL TRANSPORTATION. THE GENERAL ASSEMBLY FURTHER FINDS AND DETERMINES
THAT THE PERMANENT LOSS OF THE TOWNER LINE WOULD DAMAGE THE ECONOMY
AND HARM THE CITIZENS OF COLORADO, AS WELL AS JEOPARDIZE THE CONTINUED
VIABILITY AND PHYSICAL CONDITION OF THE OTHER TRANSPORTATION INFRASTRUCTURE
OF THE STATE. THE GENERAL ASSEMBLY, THEREFORE, DECLARES THAT
IT IS BENEFICIAL TO THE CITIZENS OF COLORADO THAT THE TOWNER LINE
BE PRESERVED BY BEING ACQUIRED AND MADE A PART OF THE STATE RAIL
BANK UNDER THIS PART 13.
(b) THE GENERAL ASSEMBLY SHALL ENSURE
THAT SUFFICIENT FUNDS ARE APPROPRIATED, TRANSFERRED, OR OTHERWISE
MADE AVAILABLE IN THE STATE RAIL BANK FUND TO EFFECTUATE THE ACQUISITION
OF THE TOWNER RAILROAD LINE FROM MILEPOST 747.5 NEAR TOWNER TO
MILEPOST 869.4 NEAR NA JUNCTION, COLORADO, UNDER THE PROVISIONS
OF THIS SUBSECTION (4). NOTWITHSTANDING ANY OTHER PROVISION OF
THIS PART 13, ON THE EFFECTIVE DATE OF THIS SUBSECTION (4), THE
DEPARTMENT SHALL HAVE THE AUTHORITY TO EXPEND MONEYS FROM THE
STATE RAIL BANK FUND CREATED IN SECTION 4311309, TO
IMMEDIATELY ACQUIRE THE TOWNER RAILROAD LINE.
(c) (I) THE DEPARTMENT SHALL USE
ITS BEST EFFORTS TO SELL OR LEASE THE TOWNER RAILROAD LINE BEFORE
JUNE 30, 2000, TO A FINANCIALLY RESPONSIBLE RAILROAD OPERATOR
WHO WILL USE THE LINE TO PROVIDE RAIL SERVICE. ANY LEASE FOR THE
OPERATION OF THE TOWNER RAILROAD LINE SHALL INCLUDE THE PAYMENT
OF PROPERTY TAXES THAT A PRIVATE OWNER OF THE TOWNER RAILROAD
LINE WOULD PAY IF THE LINE WERE NOT OWNED BY THE STATE. THE DEPARTMENT
SHALL UTILIZE COMPETITIVE BIDDING TO SELECT A PURCHASER OR LESSEE
OF THE TOWNER RAILROAD LINE. NOTWITHSTANDING ANY LAW TO THE CONTRARY,
THE DEPARTMENT SHALL HAVE THE AUTHORITY TO SELL OR LEASE THE TOWNER
RAILROAD LINE ONLY FOR CONTINUED RAILROAD TRANSPORTATION OVER
THE LINE. THE DEPARTMENT SHALL RECEIVE FOR THE SALE OF THE TOWNER
RAILROAD LINE AT LEAST THE PRICE PAID BY THE DEPARTMENT PURSUANT
TO THIS SUBSECTION (4) PLUS AN AMOUNT EQUAL TO THE RATE OF INTEREST
EARNED BY THE STATE TREASURY POOL DURING THE PERIOD OF THE STATE'S
OWNERSHIP OF THE TOWNER RAILROAD LINE.
(II) THE MONEYS RECEIVED BY THE DEPARTMENT
FOR THE SALE OR LEASE OF THE TOWNER RAILROAD LINE SHALL BE FORWARDED
TO THE STATE TREASURER WHO SHALL DEPOSIT SUCH MONEYS IN THE STATE
RAIL BANK FUND, CREATED IN SECTION 4311309.
(d) THE STATE SHALL NOT BE RESPONSIBLE FOR THE PAYMENT OF ANY TAX, INCLUDING PROPERTY TAX, THAT MAY RESULT FROM ITS OWNERSHIP OF THE TOWNER RAILROAD LINE.
(e) IF THE DEPARTMENT IS UNABLE TO SELL
THE TOWNER RAILROAD LINE TO A FINANCIALLY RESPONSIBLE RAILROAD
OPERATOR BY JUNE 30, 2000, THE DEPARTMENT SHALL TAKE THE STEPS
NECESSARY TO COMPLETE THE ABANDONMENT OF THE TOWNER RAILROAD LINE,
SUBJECT TO ANY CONTRACTUAL RIGHT OF FIRST REFUSAL, AND SALVAGE
THE RAILROAD TRACKS.
(f) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE
JUNE 30 , 2001.
SECTION 2.
Appropriation adjustment in 1998 long bill. (1) In
addition to any other appropriation, there is hereby appropriated,
out of any moneys in the state rail bank fund created in section
4311309, Colorado Revised Statutes, not otherwise
appropriated, to the department of transportation, for the fiscal
year beginning July 1, 1997, the sum of ten million four hundred
thousand dollars ($10,400,000), or so much thereof as may be necessary,
for the implementation of this act.
(2) For implementation of this act, appropriations
made in the annual general appropriations act for the fiscal year
beginning July 1, 1998, shall be adjusted as follows:
(a) The appropriation to the department
of education, public school finance, total program, is increased
by two hundred eightysix thousand eight hundred sixtyseven
dollars ($286,867) General Fund.
(b) The appropriation to the department
of education, distributions, special contingency reserve, shall
be reduced by two hundred eightysix thousand eight hundred
sixtyseven dollars ($286,867) General Fund.
SECTION 3. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO