HOUSE BILL 99-1114

BY REPRESENTATIVES Spradley, May, Coleman, Lawrence, Mace, Swenson, and Takis;

also SENATORS Dennis, Hernandez, Martinez, and Reeves.

SECTION 1.  40-4-106 (3) (b) (I), (3) (b) (II), and (3) (b) (IV), Colorado Revised Statutes, are amended to read:

40-4-106.  Rules for public safety - crossings - allocation of expenses. (3) (b) (I) (A)  The commission is authorized to approve individual projects wherein the allocation of the total expenses of the separation of grades to be paid by the railroad corporation or railroad corporations may exceed one two million two five hundred fifty thousand dollars. The commission may approve more than one project, the sum totals of which may exceed the one-million-two-hundred-fifty- thousand-dollar two-million-five- hundred-thousand-dollar cap set forth in this subparagraph (I), but in no event shall an individual class I railroad corporation pay more than one two million two five hundred fifty thousand dollars of the cost of a single project or the cost of more than one project in any calendar year. Nothing in this subparagraph (I) shall preclude any railroad corporation from voluntarily contributing more than its allotted share for grade separation construction in one year and, in such event, all amounts contributed by such railroad exceeding its allotted share in any one year shall be credited to and shall serve to reduce any payment for grade separation construction expenses by that railroad in subsequent years.

(B)  Repealed.

(II)  If the cost of a project is such that it calls for payment by a railroad corporation in more than one calendar year or if the amount due from the railroad corporation exceeds one two million two five hundred fifty thousand dollars and thus must be made in consecutive calendar years, nothing in this section shall be construed to require that the approved project must be subjected to reapplication or rereview by the commission.

(IV)  This paragraph (b) shall not apply to any project for the elimination of hazards at any railway-highway crossing when all or any part of the cost of such project will be paid from moneys made available for expenditure under Title 23, U.S.C.; except that any amount paid by a railroad corporation for such an exempt project shall be credited against the one-million-two-hundred- fifty-thousand-dollar two-million-five-hundred-thousand-dollar cap set forth in subparagraph (I) of this paragraph (b).

SECTION 2.  Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

____________________________ ____________________________

Russell George Ray Powers

SPEAKER OF THE HOUSE PRESIDENT OF

OF REPRESENTATIVES THE SENATE

____________________________ ____________________________

Judith M. Rodrigue Patricia K. Dicks

CHIEF CLERK OF THE HOUSE SECRETARY OF

OF REPRESENTATIVES THE SENATE

APPROVED________________________________________

_________________________________________

Bill Owens

GOVERNOR OF THE STATE OF COLORADO