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Second Regular Session
Sixty-first General Assembly
LLS NO. 980847.01D PLC
SENATE BILL 98187
STATE OF COLORADO
BY SENATORS Rizzuto, Lacy, Mutzebaugh, and Wattenberg;
also REPRESENTATIVES Taylor, Miller, Sullivant, and Young.
A BILL FOR AN ACT
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.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Specifies that the general assembly shall ensure
that sufficient moneys are transferred, appropriated, or otherwise
made available in the state rail bank fund to enable the department
of transportation to acquire the Towner railroad line under the
provisions of this act. Sets forth a legislative declaration
with respect to the importance of the continued operation of the
Towner railroad line for the economy, citizens, and existing transportation
infrastructure of Colorado. Authorizes the department of transportation
to immediately acquire the Towner railroad line as part of the
state rail bank. Appropriates $10,400,000 to the department of
transportation from the state rail bank fund for the implementation
of this act.
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. (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 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.
SECTION 2. Appropriation. 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 current fiscal year, 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.
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.