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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0170.01 GWF SENATE BILL 98­086

STATE OF COLORADO

BY SENATOR Perlmutter;

also REPRESENTATIVE Anderson.

TRANSPORTATION

A BILL FOR AN ACT

CONCERNING THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Regarding the board of directors of the regional transportation district (RTD):

• Effective September 1, 1998, abolishes the current RTD board of directors and establishes a board with 11 voting members and one nonvoting member as the governing body of RTD;
• Provides that the executive director of the department of transportation or the executive director=s designee will serve as the nonvoting member of the board;
• Creates a 2­year term for directors beginning on September 1 of the even­numbered year of appointment and ending on August 31 of the next succeeding even­numbered year;
• Provides that the powers and duties vested in RTD will be exercised by the board;
• Authorizes the board to delegate the exercise of any executive, administrative, or ministerial powers to officers and employees of RTD.

Provides for the appointment of voting members of the board of directors as follows:

• Two directors to be appointed by the city council of Denver after the first Tuesday in July and by July 31 in even­numbered years. Such directors must be, and must remain, members of the city council while serving as directors.
• One director to be appointed after the first Tuesday in July and by July 31 in even­numbered years by the boards of county commissioners of Adams, Arapahoe, Boulder, Douglas, and Jefferson counties. Such director must be, and must remain, a county commissioner while serving as director and cannot serve more than eight years on the RTD board.
• One director appointed by the city council of a city from each of Adams, Arapahoe, Boulder, and Jefferson counties. Specifies the cities in each county that may appoint a director and allows each city to make an appointment for each of two consecutive terms. Allows the board of county commissioners from each of the 4 counties to establish a rotating order in which the cities appoint a director.

Regarding the board of directors of the regional transportation district (RTD):

• Requires an appointing authority to notify the person appointed and the other appointing authorities;
• Authorizes the governor to appoint directors to the board if Denver's city council, any county's board of commissioners, or any city council fails to appoint a director to the board or to notify the appointee and other appointing entities of the appointment;
• Authorizes an incumbent to be reappointed to the board so long as certain requirements are met;
• Requires a vacancy on the board to be filled by the appointing authority who appointed the director originally in the same manner specified for regular appointment of a director;
• Repeals current law regarding the membership and powers of the board of directors;
• Repeals current law regarding the election of directors to the board and the terms of the directors on the board;
• Repeals current law regarding the appointment of an individual to fill a vacancy on the board and the recall of a director elected to the board.

Makes a conforming amendment.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Article 9 of title 32, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:

32­9­109.6.  Board of directors ­ membership. (1) (a)  EFFECTIVE SEPTEMBER 1, 1998, THE EXISTING BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT IS ABOLISHED, AND THE TERMS OF THE MEMBERS OF THE BOARD THEN SERVING ARE TERMINATED.

(b)  EFFECTIVE SEPTEMBER 1, 1998, THE GOVERNING BODY OF THE DISTRICT SHALL BE A BOARD OF DIRECTORS CONSISTING OF ELEVEN VOTING MEMBERS AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION OR THE EXECUTIVE DIRECTOR=S DESIGNEE WHO SHALL SERVE AS A NONVOTING MEMBER. A NEW BOARD OF DIRECTORS CONSTITUTED PURSUANT TO THIS SECTION SHALL TAKE OFFICE ON SEPTEMBER 1, 1998.

(2)  VOTING MEMBERS OF THE BOARD OF DIRECTORS SHALL BE APPOINTED AS PROVIDED IN SECTION 32­9­111.5.

(3) (a)  THE TERM OF EACH VOTING MEMBER SHALL COMMENCE ON SEPTEMBER 1 OF THE EVEN­NUMBERED YEAR IN WHICH THE MEMBER IS APPOINTED AND SHALL TERMINATE ON AUGUST 31 OF THE NEXT SUCCEEDING EVEN­NUMBERED YEAR.

(b)  EACH MEMBER WHOSE TERM ON THE BOARD ENDS AND WHO OTHERWISE REMAINS QUALIFIED TO SERVE SHALL CONTINUE TO SERVE AS A MEMBER OF THE BOARD UNTIL SUCH MEMBER'S SUCCESSOR HAS BEEN DULY APPOINTED AND QUALIFIED.

(4)  ALL POWERS, DUTIES, FUNCTIONS, RIGHTS, AND PRIVILEGES VESTED IN THE DISTRICT SHALL BE EXERCISED AND PERFORMED BY THE BOARD. THE BOARD MAY DELEGATE THE EXERCISE OF ANY EXECUTIVE, ADMINISTRATIVE, OR MINISTERIAL POWERS TO OFFICERS AND EMPLOYEES OF THE DISTRICT.

32­9­111.5.  Appointments to board of directors. (1)  THE VOTING MEMBERS OF THE BOARD OF DIRECTORS SHALL BE APPOINTED AS PROVIDED IN THIS SECTION.

(2) (a)  TWO MEMBERS SHALL BE APPOINTED TO THE BOARD BY THE CITY COUNCIL OF THE CITY AND COUNTY OF DENVER AFTER THE FIRST TUESDAY IN JULY IN EACH EVEN­NUMBERED YEAR AND NO LATER THAN JULY 31 IN SUCH YEAR.

(b)  THE MEMBERS APPOINTED PURSUANT TO THIS SUBSECTION (2) SHALL BE MEMBERS OF THE CITY COUNCIL OF THE CITY AND COUNTY OF DENVER AND SHALL REMAIN AS SUCH DURING THEIR TERMS OF OFFICE AS DIRECTORS.

(3) (a)  A MEMBER SHALL BE APPOINTED TO THE BOARD BY THE BOARD OF COUNTY COMMISSIONERS OF EACH OF THE COUNTIES OF ADAMS, ARAPAHOE, BOULDER, DOUGLAS, AND JEFFERSON AFTER THE FIRST TUESDAY IN JULY IN EACH EVEN­NUMBERED YEAR AND NO LATER THAN JULY 31 IN SUCH YEAR.

(b)  EACH MEMBER APPOINTED PURSUANT TO THIS SUBSECTION (3) SHALL BE A MEMBER OF THE BOARD OF COUNTY COMMISSIONERS APPOINTING SUCH MEMBER AND SHALL REMAIN AS SUCH DURING SUCH MEMBER'S TERM OF OFFICE AS DIRECTOR.

(4) (a) (I)  A MEMBER SHALL BE APPOINTED TO THE BOARD BY THE CITY COUNCIL OF ONE OF THE CITIES AS DESIGNATED IN PARAGRAPH (b) OF THIS SUBSECTION (4) FROM EACH OF THE COUNTIES OF ADAMS, ARAPAHOE, BOULDER, AND JEFFERSON. SUCH MEMBER SHALL BE APPOINTED AFTER JULY 31, 1998, BUT PRIOR TO AUGUST 18, 1998, AND AFTER THE FIRST TUESDAY IN JULY IN EACH SUBSEQUENT EVEN­NUMBERED YEAR BUT NO LATER THAN JULY 31 IN SUCH SUBSEQUENT YEAR.

(II)  ON OR BEFORE JULY 31, 1998, THE BOARD OF COUNTY COMMISSIONERS FROM EACH OF THE COUNTIES OF ADAMS, ARAPAHOE, BOULDER, AND JEFFERSON SHALL ESTABLISH A ROTATING SCHEDULE FOR SUCH COUNTY TO DETERMINE THE ORDER IN WHICH THE CITY COUNCIL OF EACH CITY WITHIN SUCH COUNTY DESIGNATED IN PARAGRAPH (b) OF THIS SUBSECTION (4) APPOINTS A MEMBER TO THE BOARD FROM SUCH COUNTY. THE SCHEDULE SHALL AUTHORIZE THE CITY COUNCIL OF EACH CITY WITHIN SUCH COUNTY AS DESIGNATED IN PARAGRAPH (b) OF THIS SUBSECTION (4) TO MAKE AN APPOINTMENT FOR EACH OF TWO CONSECUTIVE TERMS TO THE BOARD. THE CITY COUNCIL OF EVERY CITY IN A COUNTY AS DESIGNATED IN PARAGRAPH (b) OF THIS SUBSECTION (4) SHALL BE ALLOWED TO MAKE AN APPOINTMENT FOR EACH OF TWO CONSECUTIVE TERMS IN TURN UNTIL ALL OF THE CITIES HAVE MADE TWO SUCH APPOINTMENTS AND AFTER WHICH THE SCHEDULE SHALL CONTINUE TO REPEAT IN THE SAME ORDER EXCEPT AS OTHERWISE PROVIDED BY LAW BY THE GENERAL ASSEMBLY. UPON ESTABLISHING A SCHEDULE PURSUANT TO THIS SUBPARAGRAPH (II), A COUNTY SHALL CAUSE EVERY OTHER APPOINTING AUTHORITY TO BE NOTIFIED FORTHWITH OF SUCH SCHEDULE. IF A COUNTY FAILS TO ESTABLISH A ROTATING SCHEDULE PURSUANT TO THE TERMS OF THIS PARAGRAPH (a), THEN THE SCHEDULE SHALL BE THE SAME AS THE ALPHABETICAL ORDER OF THE CITIES DESIGNATED IN PARAGRAPH (b) OF THIS SUBSECTION (4) FOR SUCH COUNTY.

(b) (I)  THE CITY COUNCIL OF EACH OF THE FOLLOWING CITIES SHALL APPOINT A MEMBER TO THE BOARD FROM THE COUNTY OF ADAMS PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (4):

(A)  THE CITY OF BROOMFIELD;

(B)  THE CITY OF NORTHGLENN;

(C)  THE CITY OF THORNTON; AND

(D)  THE CITY OF WESTMINSTER.

(II)  THE CITY COUNCIL OF EACH OF THE FOLLOWING CITIES SHALL APPOINT A MEMBER TO THE BOARD FROM THE COUNTY OF ARAPAHOE PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (4):

(A)  THE CITY OF AURORA;

(B)  THE CITY OF ENGLEWOOD;

(C)  THE CITY OF GREENWOOD VILLAGE; AND

(D)  THE CITY OF LITTLETON.

(III)  THE CITY COUNCIL OF EACH OF THE FOLLOWING CITIES SHALL APPOINT A MEMBER TO THE BOARD FROM THE COUNTY OF BOULDER PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (4):

(A)  THE CITY OF BOULDER;

(B)  THE CITY OF LAFAYETTE;

(C)  THE CITY OF LONGMONT; AND

(D)  THE CITY OF LOUISVILLE.

(IV)  THE CITY COUNCIL OF EACH OF THE FOLLOWING CITIES SHALL APPOINT A MEMBER TO THE BOARD FROM THE COUNTY OF JEFFERSON PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (4):

(A)  THE CITY OF ARVADA;

(B)  THE CITY OF GOLDEN;

(C)  THE CITY OF LAKEWOOD; AND

(D)  THE CITY OF WHEATRIDGE.

(c)  EACH MEMBER APPOINTED PURSUANT TO THIS SUBSECTION (4) SHALL BE A MEMBER OF THE CITY COUNCIL APPOINTING SUCH MEMBER AND SHALL REMAIN AS SUCH DURING SUCH MEMBER=S TERM OF OFFICE AS DIRECTOR.

(5)  EACH APPOINTING AUTHORITY DESIGNATED IN SUBSECTIONS (2) TO (4) OF THIS SECTION SHALL CAUSE EACH NEWLY APPOINTED MEMBER AND EVERY OTHER APPOINTING AUTHORITY TO BE NOTIFIED FORTHWITH OF EACH SUCH APPOINTMENT.

(6)  IF ANY APPOINTING AUTHORITY DESIGNATED IN SUBSECTION (2), (3), OR (4) OF THIS SECTION FAILS TO APPOINT ANY MEMBER TO THE BOARD AS PROVIDED IN SAID SUBSECTION (2), (3), OR (4) AND TO CAUSE NOTIFICATION OF SUCH APPOINTMENT TO BE GIVEN PURSUANT TO SUBSECTION (5) OF THIS SECTION, THE GOVERNOR SHALL MAKE SUCH APPOINTMENT AND SHALL CAUSE NOTICE THEREOF TO BE GIVEN AS PROVIDED IN SUBSECTION (5) OF THIS SECTION.

(7)  ANY INCUMBENT MAY BE REAPPOINTED AS A MEMBER TO THE BOARD SO LONG AS SUCH INCUMBENT CONTINUES TO SATISFY THE APPLICABLE REQUIREMENT FOR APPOINTMENT AS SET FORTH IN SUBSECTION (2), (3), OR (4) OF THIS SECTION; EXCEPT THAT IN NO EVENT SHALL A MEMBER OF THE BOARD WHO IS APPOINTED PURSUANT TO SUBSECTION (3) SERVE FOR MORE THAN A TOTAL OF EIGHT YEARS ON THE BOARD.

32­9­112.5.  Vacancies.  UPON A VACANCY OCCURRING IN THE BOARD BY REASON OF A MEMBER'S DEATH, RESIGNATION, TERMINATION OF OFFICE AS A CITY COUNCIL MEMBER OR COUNTY COMMISSIONER, OR FOR ANY OTHER REASON, THE VACANCY FOR THE UNEXPIRED TERM OF OFFICE OF SUCH MEMBER, UPON THE CREATION OF SUCH VACANCY, SHALL BE FILLED BY THE AUTHORITY APPOINTING SUCH MEMBER IN THE MANNER SET FORTH IN SECTION 32­9­111.5 (2), (3), OR (4) FOR REGULAR APPOINTMENT, EXCEPT FOR THOSE PROVISIONS SPECIFYING DATES BY WHICH APPOINTMENTS MUST BE MADE.

SECTION 2.  32­9­116 (3), Colorado Revised Statutes, is amended to read:

32­9­116.  Meeting of board. (3)  Effective January 1, 1983, SEPTEMBER 1, 1998, any action of the board shall require the affirmative vote of at least eight members SIX MEMBERS present and voting.

SECTION 3.  Repeal.  32­9­109.5, Colorado Revised Statutes, is repealed as follows:

32­9­109.5.  Board of directors ­ membership ­ powers. (1)  Effective January 1, 1983, the governing body of the district shall be a board of directors consisting of fifteen persons, each of whom is an eligible elector residing within the director district.

(2)  Members of the board of directors shall be elected as provided in section 32­9­111.

(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 January 1, 1983, after having been elected pursuant to section 32­9­111.

(4)  All powers, duties, functions, rights, and privileges vested in the district shall be exercised and performed by the board; except that the exercise of any executive, administrative, or ministerial powers may be delegated by the board to officers and employees of the district.

SECTION 4.  Repeal.  32­9­111, Colorado Revised Statutes, is repealed as follows:

32­9­111.  Election of directors ­ dates ­ terms. (1) (a)  After the federal census in 1980 and each federal census thereafter, the board of directors shall apportion the composition of the board into compact and contiguous director districts so that the fifteen directors will represent, to the extent practical, the people of the district on the basis of population. Such apportionment shall be completed before March 15 of the second year following that in which the federal census is taken and shall be made only upon the affirmative vote of two­thirds of the total membership of the board. If such apportionment is not completed before March 15 of such year, the legislative council, with the assistance of the director of research of the legislative council and the director of the office of legislative legal services, shall, by April 15, apportion the composition of the board into compact and contiguous director districts so that the fifteen directors will represent, to the extent practicable, the people of the district on the basis of population. The apportionment recommended by the legislative council shall be submitted to the general assembly which shall approve or amend the apportionment before May 1 of such year.

(b)  If an election held pursuant to section 32­9­106 (2) (b) and (2) (c), 32­9­106.3, 32­9­106.4, or 32­9­106.6 results in a vote for the inclusion of an area within the district, the board shall, within forty­five days, vote to include the new area in one or more existing adjacent director districts based, to the extent practical, on population. The vote by the board shall require a two­thirds majority.

(2)  Such director districts shall be comprised of general election precincts established by the boards of county commissioners of those counties, all or part of which are within the district, and by the election commission of the city and county of Denver. No general election precinct may be split into two or more director districts.

(3)  The regular district election shall be held jointly with the state general election in every even­numbered year as provided in section 1­7­116, C.R.S., and the first election shall be held in 1982. Each director shall be elected by the eligible electors residing within the director district.

(4)  Except as provided in this subsection (4), the regular term of office of directors shall be four years. At the election held in 1982, eight members of the board shall be elected for two­year terms. The two­year terms shall be determined by lot at the first meeting of the board following the apportionment of director districts. Seven members shall be elected for four­year terms.

(5) (a)  Except as provided in this subsection (5), nominations for an election of directors shall be made in accordance with the general election laws of the state. Nominations for directors shall be made by petition in the manner provided for independent candidates pursuant to section 1­4­802 and part 9 of article 4 of title 1, C.R.S. Petitions shall be filed in the office of the secretary of state not less than sixty days before the election required pursuant to subsection (3) of this section. The petitions shall be signed by at least two hundred fifty eligible electors residing within the director district in which the officer is to be elected.

(b) to (d)  (Deleted by amendment, L. 92, p. 908, 160, effective January 1, 1993.)

(e)  It is the intent of the people of the state of Colorado that the election of directors be conducted in the most efficient and economical manner which is practicable.

(f)  Every candidate for director shall comply with the provisions of article 45 of title 1, C.R.S.

(6)  (Deleted by amendment, L. 92, p. 908, 160, effective January 1, 1993.)

SECTION 5.  Repeal.  32­9­112, Colorado Revised Statutes, is repealed as follows:

32­9­112.  Vacancies ­ appointments ­ recall. (1)  A change of residence of a member of the board to a place outside the director district from which the member was elected shall automatically create a vacancy on the board. Upon a vacancy occurring for any reason other than normal expiration of a term, the vacancy shall be filled by appointment by the board of county commissioners of the county wherein the director district is located or, in the case of a member elected in Denver, by the mayor of the city and county of Denver, with the approval of the city council of said city and county. In the case of a director district which contains territory in two or more counties, or in the city and county of Denver and in one or more counties, the vacancy shall be filled by appointment by the board of county commissioners of the county wherein the largest number of eligible electors of the director district reside; except that, if the largest number of eligible electors of the director district reside in the city and county of Denver, the vacancy shall be filled by appointment by the mayor of the city and county of Denver, with the approval of the city council of the city and county.

(1.5)  Any director appointed 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)  Effective July 1, 1983, any member of the board may be recalled from office by the eligible electors of the director district such member represents pursuant to the provisions of part 1 of article 12 of title 1, C.R.S.

(3)  Repealed.

SECTION 6.  Effective date.  This act shall take effect July 1, 1998.

SECTION 7.  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.