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Colorado House Bill HB1161

Colorado 2022 Regular Session

Colorado House Bill HB1161 Compare Versions

Only one version of the bill is available at this time.
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11 Second Regular Session
22 Seventy-third General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 22-0543.01 Jennifer Berman x3286
88 HOUSE BILL 22-1161
99 House Committees Senate Committees
1010 State, Civic, Military, & Veterans Affairs
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING A REQUIREMENT THAT CERTAIN STATEWIDE101
1414 COMMISSIONERS BE ELECTED AT A GENERAL ELECTION , AND, IN102
1515 CONNECTION THEREWITH , REQUIRING THE ELECTION OF THE103
1616 COMMISSIONER OF INSURANCE , THE COMMISSIONERS OF THE104
1717 AIR QUALITY CONTROL COMMISSION , THE VOTING105
1818 COMMISSIONERS OF THE OIL AND GAS CONSERVATION106
1919 COMMISSION, AND THE COMMISSIONERS OF THE PUBLIC107
2020 UTILITIES COMMISSION AND REQUIRING THAT ELECTED108
2121 COMMISSIONERS OF THE AIR QUALITY CONTROL COMMISSION109
2222 AND PUBLIC UTILITIES COMMISSION COMMIT TO PRIORITIZING110
2323 ENERGY RELIABILITY AND REDUCING CONSUMER COSTS AS PART111
2424 OF THEIR OATHS OF OFFICE UPON ELECTION .112
2525 HOUSE SPONSORSHIP
2626 Pico, Bradfield, Holtorf, Soper, Van Beber, Will
2727 SENATE SPONSORSHIP
2828 (None), Hisey, Kirkmeyer, Woodward
2929 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3030 Capital letters or bold & italic numbers indicate new material to be added to existing statute.
3131 Dashes through the words indicate deletions from existing statute. Bill Summary
3232 (Note: This summary applies to this bill as introduced and does
3333 not reflect any amendments that may be subsequently adopted. If this bill
3434 passes third reading in the house of introduction, a bill summary that
3535 applies to the reengrossed version of this bill will be available at
3636 http://leg.colorado.gov
3737 .)
3838 Section 1 of the bill requires the election of the commissioner of
3939 insurance. Sections 6 and 7 make conforming amendments.
4040 Section 2 repeals and reenacts existing statutes requiring the
4141 governor to appoint members of the air quality control commission to
4242 require the election of all commissioners.
4343 Section 3 requires the election of the voting members of the oil
4444 and gas conservation commission.
4545 Section 4 requires the election of all members of the public
4646 utilities commission, and section 5 makes conforming amendments.
4747 Sections 2 through 5 become effective on January 1, 2024.
4848 Because the Colorado constitution requires the appointment of the
4949 commissioner of insurance, sections 1, 6, and 7 only become effective on
5050 January 1, 2024, if, based on the passage of a concurrent resolution and
5151 a vote of the people, the governor declares a vote at a general election to
5252 change the Colorado constitution to require the election of the
5353 commissioner of insurance.
5454 Sections 2 and 4 also require that an elected commissioner's oath
5555 of office include a commitment to prioritizing energy reliability and
5656 reducing consumer costs above all other considerations in making
5757 decisions as a commissioner.
5858 Be it enacted by the General Assembly of the State of Colorado:1
5959 SECTION 1. In Colorado Revised Statutes, 10-1-104, amend (1);2
6060 and add (1.5) as follows:3
6161 10-1-104. Commissioner of insurance - election - other4
6262 employees - repeal. (1) (a) The commissioner of insurance is the head5
6363 of the division of insurance.6
6464 (b) (I) S
6565 UBJECT TO SUBSECTION (1.5) OF THIS SECTION, the7
6666 commissioner shall be appointed by, and serve at the pleasure of, the8
6767 governor, subject to confirmation of the appointment by the senate9
6868 HB22-1161-2- pursuant to section 23 of article IV of the state constitution. The1
6969 commissioner shall be a person well versed in insurance and an elector of2
7070 the state of Colorado and shall have no pecuniary interest in any3
7171 insurance company or agency directly or indirectly, other than as a4
7272 policyholder.5
7373 (II) T
7474 HIS SUBSECTION (1)(b) IS REPEALED, EFFECTIVE FEBRUARY6
7575 1,
7676 2025.7
7777 (1.5) (a) O
7878 N AND AFTER JANUARY 1, 2024, THE COMMISSIONER8
7979 SHALL BE ELECTED AT A GENERAL ELECTION AND SHALL SERVE A9
8080 FOUR-YEAR TERM. UPON REELECTION, THE COMMISSIONER MAY SERVE10
8181 ADDITIONAL FOUR-YEAR TERMS. TO QUALIFY FOR ELECTION , THE11
8282 COMMISSIONER MUST BE A QUALIFIED ELECTOR OF THE STATE OF12
8383 C
8484 OLORADO.13
8585 (b) I
8686 F THE COMMISSIONER HAS NOT SOUGHT REELECTION AFTER14
8787 COMPLETING THE COMMISSIONER 'S TERM OR HAS BEEN DEFEATED IN THE15
8888 GENERAL ELECTION, THE COMMISSIONER MAY CONTINUE TO SERVE UNTIL16
8989 THE PERSON ELECTED TO SERVE AS THE COMMISSIONER HAS TAKEN THE17
9090 OATH OF OFFICE PURSUANT TO SECTION 24-12-101 AND CAN BEGIN18
9191 SERVING.19
9292 SECTION 2. In Colorado Revised Statutes, repeal and reenact,20
9393 with amendments, 25-7-104 as follows:21
9494 25-7-104. Air quality control commission - created - election22
9595 of commissioners - repeal. (1) (a) T
9696 HERE IS HEREBY CREATED IN THE23
9797 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT THE AIR QUALITY24
9898 CONTROL COMMISSION . THE COMMISSION CONSISTS OF NINE VOTING25
9999 COMMISSIONERS WHO SHALL BE ELECTED AT A GENERAL ELECTION . TO26
100100 QUALIFY FOR ELECTION, A COMMISSIONER MUST BE A QUALIFIED ELECTOR27
101101 HB22-1161
102102 -3- OF THE STATE. EACH COMMISSIONER, BEFORE ENTERING UPON THE DUTIES1
103103 OF THE OFFICE, SHALL TAKE AN OATH OF OFFICE IN ACCORDANCE WITH2
104104 SECTION 24-12-101. AN ELECTED COMMISSIONER'S OATH OF OFFICE MUST3
105105 INCLUDE A COMMITMENT TO PRIORITIZING ENERGY RELIABILITY AND4
106106 REDUCING CONSUMER COSTS ABOVE ALL OTHER CONSIDERATIONS IN5
107107 MAKING DECISIONS AS A COMMISSIONER .6
108108 (b) C
109109 OMMISSIONERS SERVE THREE-YEAR TERMS AND MUST SEEK7
110110 REELECTION TO SERVE ADDITIONAL THREE-YEAR TERMS. A COMMISSIONER8
111111 WHO HAS NOT SOUGHT REELECTION AFTER COMPLETING THE9
112112 COMMISSIONER'S TERM OR WHO HAS BEEN DEFEATED IN THE GENERAL10
113113 ELECTION MAY CONTINUE TO SERVE UNTIL THE PERSON ELECTED TO SERVE11
114114 IN THE COMMISSIONER'S SEAT HAS TAKEN THE OATH OF OFFICE PURSUANT12
115115 TO SUBSECTION (1)(a) OF THIS SECTION AND CAN BEGIN SERVING.13
116116 (c) (I) A
117117 PREVIOUSLY APPOINTED COMMISSIONER WHO HAS NOT14
118118 SOUGHT ELECTION IN 2024 OR WHO HAS BEEN DEFEATED IN THE 202415
119119 GENERAL ELECTION MAY CONTINUE TO SERVE UNTIL THE COMPLETION OF16
120120 THE COMMISSIONER'S TERM, AND THE PERSON ELECTED TO SERVE IN THE17
121121 COMMISSIONER'S SEAT SHALL THEN TAKE THE OATH OF OFFICE PURSUANT18
122122 TO SUBSECTION (1)(a) OF THIS SECTION AND COMMENCE SERVING .19
123123 (II) T
124124 HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE SEPTEMBER20
125125 1,
126126 2027.21
127127 (2) E
128128 ACH COMMISSIONER NOT OTHERWISE IN FULL -TIME22
129129 EMPLOYMENT OF THE STATE RECEIVES A PER DIEM OF FORTY DOLLARS FOR23
130130 EACH DAY ACTUALLY AND NECESSARILY SPENT IN THE DISCHARGE OF24
131131 OFFICIAL DUTIES, BUT NOT TO EXCEED ONE THOUSAND TWO HUNDRED25
132132 EIGHTY-FOUR DOLLARS IN ANY ONE YEAR. EACH COMMISSIONER RECEIVES26
133133 TRAVELING AND OTHER NECESSARY EXPENSES ACTUALLY INCURRED IN27
134134 HB22-1161
135135 -4- THE PERFORMANCE OF OFFICIAL DUTIES .1
136136 (3) E
137137 ACH YEAR, THE COMMISSION SHALL SELECT FROM ITS2
138138 MEMBERSHIP A CHAIR, VICE-CHAIR, AND SECRETARY. THE SECRETARY OF3
139139 THE COMMISSION SHALL KEEP A RECORD OF THE COMMISSION 'S4
140140 PROCEEDINGS. THE COMMISSION SHALL HOLD REGULAR PUBLIC MONTHLY5
141141 MEETINGS AND MAY HOLD SPECIAL MEETINGS ON THE CALL OF THE CHAIR6
142142 OR, IF THE CHAIR IS UNAVAILABLE, ON THE CALL OF THE VICE-CHAIR, AT7
143143 SUCH OTHER TIMES AS THE CHAIR OR VICE-CHAIR DEEMS NECESSARY. THE8
144144 SECRETARY SHALL PROVIDE WRITTEN NOTICE OF THE TIME AND PLACE OF9
145145 ANY MEETING TO EACH COMMISSIONER AT LEAST FIVE DAYS BEFORE THE10
146146 MEETING.11
147147 (4) T
148148 WO-THIRDS OF THE MEMBERSHIP OF THE COMMISSION12
149149 CONSTITUTES A QUORUM. A MATTER BEFORE THE COMMISSION REQUIRES13
150150 A MAJORITY VOTE OF THE COMMISSIONERS FOR THE COMMISSION TO MAKE14
151151 A DETERMINATION ON THE MATTER .15
152152 (5) A
153153 COMMISSIONER SHALL DISCLOSE TO THE COMMISSION IN A16
154154 PUBLIC MEETING ANY POTENTIAL CONFLICTS OF INTEREST EXISTING AT THE17
155155 TIME OF THE COMMISSIONER 'S ELECTION OR THAT ARISE DURING THE18
156156 COMMISSIONER'S TERM.19
157157 SECTION 3. In Colorado Revised Statutes, 34-60-104.3, repeal20
158158 (2) and (5); and add (2.5) as follows:21
159159 34-60-104.3. Oil and gas conservation commission - election of22
160160 commissioners - report - publication - repeal. (2) (a) The commission
161161 23
162162 consists of seven members, five of whom shall be appointed by the24
163163 governor with the consent of the senate. The executive director of the25
164164 department of natural resources and the executive director of the26
165165 department of public health and environment, or the executive directors'27
166166 HB22-1161
167167 -5- designees, are ex officio nonvoting members. A majority of the voting1
168168 commissioners constitutes a quorum for the transaction of its business.2
169169 (b) Each appointed commissioner must be a qualified elector of3
170170 this state. Each appointed commissioner, before entering upon the duties4
171171 of office, shall take the constitutional oath of office. Excluding the5
172172 executive directors from consideration, no more than three members of6
173173 the commission may be members of the same political party. To the7
174174 extent possible, consistent with this subsection (2), the members shall be8
175175 appointed taking into account the need for geographical representation of9
176176 areas of the state with high levels of current or anticipated oil and gas10
177177 activity or employment. The appointed members of the commission shall11
178178 devote their entire time to the duties of their offices to the exclusion of12
179179 any other employment and are entitled to receive compensation as13
180180 designated by law.14
181181 (c) One appointed member must be an individual with substantial15
182182 experience in the oil and gas industry; one appointed member must have16
183183 substantial expertise in planning or land use; one appointed member must17
184184 have formal training or substantial experience in environmental18
185185 protection, wildlife protection, or reclamation; one appointed member19
186186 must have professional experience demonstrating an ability to contribute20
187187 to the commission's body of expertise that will aid the commission in21
188188 making sound, balanced decisions; and one appointed member must have22
189189 formal training or substantial experience in public health.23
190190 (d) No person may be appointed to serve on the commission or24
191191 hold the office of commissioner if the person has a conflict of interest25
192192 with oil and gas development in Colorado. Examples of conflicts of26
193193 interest include being registered as a lobbyist at the local or state levels,27
194194 HB22-1161
195195 -6- serving in the general assembly within the prior three years, or serving in1
196196 an official capacity with an entity that educates or advocates for or against2
197197 oil and gas activity. This subsection (2)(d) shall be construed reasonably3
198198 with the objective of disqualifying from the commission any person who4
199199 might have an immediate conflict of interest or who may not be able to5
200200 make balanced decisions about oil and gas regulation in Colorado. A6
201201 person who has worked with or for an energy or environmental entity7
202202 need not be disqualified if the person's experience shows subject matter8
203203 knowledge coupled with an ability to render informed, thorough, and9
204204 balanced decision-making.10
205205 (e) Members of the commission shall be appointed for terms of11
206206 four years each; except that the initial terms of two members are two12
207207 years. The governor shall designate one member of the commission as13
208208 chair of the commission. The chair shall delegate roles and14
209209 responsibilities to commissioners and the director. The governor may at15
210210 any time remove any appointed member of the commission, and by16
211211 appointment the governor shall fill any vacancy on the commission. In17
212212 case one or more vacancies occur on the same day, the governor shall18
213213 designate the order of filling vacancies.19
214214 (2.5) (a) (I) (A) T
215215 HE COMMISSION CONSISTS OF SEVEN20
216216 COMMISSIONERS, FIVE OF WHOM ARE VOTING COMMISSIONERS WHO SHALL21
217217 BE ELECTED AT A GENERAL ELECTION . EACH VOTING COMMISSIONER ,22
218218 BEFORE COMMENCING THE DUTIES OF THE OFFICE , SHALL TAKE AN OATH23
219219 OF OFFICE IN ACCORDANCE WITH SECTION 24-12-101. A MAJORITY OF THE24
220220 VOTING COMMISSIONERS CONSTITUTES A QUORUM FOR THE TRANSACTION25
221221 OF THE COMMISSION'S BUSINESS.26
222222 (B) T
223223 HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL27
224224 HB22-1161
225225 -7- RESOURCES AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF1
226226 PUBLIC HEALTH AND ENVIRONMENT , OR THE EXECUTIVE DIRECTORS '2
227227 DESIGNEES, ARE EX OFFICIO, NONVOTING COMMISSIONERS .3
228228 (C) T
229229 O QUALIFY FOR ELECTION AS A VOTING COMMISSIONER , A4
230230 PERSON MUST BE A QUALIFIED ELECTOR OF THE STATE .5
231231 (D) A
232232 COMMISSIONER SHALL DISCLOSE TO THE COMMISSION IN A6
233233 PUBLIC MEETING ANY POTENTIAL CONFLICTS OF INTEREST THAT ARISE7
234234 DURING THE COMMISSIONER'S TERM.8
235235 (II) V
236236 OTING COMMISSIONERS SERVE FOUR -YEAR TERMS AND MUST9
237237 SEEK REELECTION TO SERVE ADDITIONAL FOUR -YEAR TERMS. A VOTING10
238238 COMMISSIONER WHO HAS NOT SOUGHT REELECTION AFTER COMPLETING11
239239 THE COMMISSIONER'S TERM OR WHO HAS BEEN DEFEATED IN THE GENERAL12
240240 ELECTION MAY CONTINUE TO SERVE UNTIL THE PERSON ELECTED TO SERVE13
241241 IN THE COMMISSIONER'S SEAT HAS TAKEN THE OATH OF OFFICE PURSUANT14
242242 TO SUBSECTION (2.5)(a)(I)(A) OF THIS SECTION AND CAN BEGIN SERVING.15
243243 (III) (A) A
244244 PREVIOUSLY APPOINTED VOTING COMMISSIONER WHO16
245245 HAS NOT SOUGHT ELECTION IN 2024 OR WHO HAS BEEN DEFEATED IN THE17
246246 2024
247247 GENERAL ELECTION MAY CONTINUE TO SERVE UNTIL THE18
248248 COMPLETION OF THE COMMISSIONER 'S TERM, AND THE PERSON ELECTED TO19
249249 SERVE IN THE COMMISSIONER 'S SEAT SHALL THEN TAKE THE OATH OF20
250250 OFFICE PURSUANT TO SUBSECTION (2.5)(a)(I)(A) OF THIS SECTION AND21
251251 COMMENCE SERVING.22
252252 (B) T
253253 HIS SUBSECTION (2.5)(a)(III) IS REPEALED, EFFECTIVE23
254254 S
255255 EPTEMBER 1, 2027.24
256256 (b) T
257257 HE VOTING COMMISSIONERS SHALL DEVOTE THEIR ENTIRE25
258258 TIME TO THE DUTIES OF THEIR OFFICES TO THE EXCLUSION OF ANY OTHER26
259259 EMPLOYMENT AND ARE ENTITLED TO RECEIVE COMPENSATION AS27
260260 HB22-1161
261261 -8- DESIGNATED BY LAW.1
262262 (c) T
263263 HE VOTING COMMISSIONERS SHALL DESIGNATE ONE VOTING2
264264 COMMISSIONER TO SERVE AS CHAIR OF THE COMMISSION . THE CHAIR3
265265 SHALL DELEGATE ROLES AND RESPONSIBILITIES TO THE COMMISSIONERS4
266266 AND THE DIRECTOR.5
267267 (5) This section takes effect on the earlier of July 1, 2020, or the
268268 6
269269 date on which all rules required to be adopted by section 34-60-1067
270270 (2.5)(a), (11)(c), and (19) have become effective. The director shall notify8
271271 the revisor of statutes in writing of the date on which the condition9
272272 specified in this subsection (5) has occurred by e-mailing the notice to10
273273 revisorofstatutes.ga@state.co.us.11
274274 SECTION 4. In Colorado Revised Statutes, 40-2-101, repeal (1)12
275275 and (2); and add (2.5) as follows:13
276276 40-2-101. Creation - term - subject to termination - repeal -14
277277 repeal of part. (1) A public utilities commission is hereby created,15
278278 which shall be known as the public utilities commission of the state of16
279279 Colorado, to consist of three members who shall be appointed by the17
280280 governor with the consent of the senate. Persons holding office on July18
281281 1, 1993, shall continue to serve in such office, but the term of one of these19
282282 persons shall expire on the Monday preceding the second Tuesday of20
283283 January, 1995, of another, the Monday preceding the second Tuesday of21
284284 January, 1996, and of the third, the Monday preceding the second22
285285 Tuesday of January, 1997, all as the governor shall designate; except that23
286286 such designation shall not result in the extension of the term of any24
287287 member to more than four years' duration. Thereafter, appointments shall25
288288 be made for terms of four years.26
289289 (2) No more than two members of the public utilities commission27
290290 HB22-1161
291291 -9- shall be affiliated with the same political party, and any appointment to1
292292 fill a vacancy shall be for the unexpired term. Each commissioner shall2
293293 be a qualified elector of this state. The governor shall designate one3
294294 member of the commission as chair of the commission. The4
295295 commissioners shall devote their entire time to the duties of their office5
296296 to the exclusion of any other employment and shall receive such6
297297 compensation as is designated by law. A majority of the commission shall7
298298 constitute a quorum for the transaction of its business.8
299299 (2.5) (a) (I) A
300300 PUBLIC UTILITIES COMMISSION IS HEREBY CREATED9
301301 AS THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO. THE10
302302 COMMISSION CONSISTS OF THREE COMMISSIONERS ELECTED AT A GENERAL11
303303 ELECTION. TO QUALIFY FOR ELECTION, A COMMISSIONER MUST BE A12
304304 QUALIFIED ELECTOR OF THIS STATE. ELECTED COMMISSIONERS SERVE FOR13
305305 TERMS OF FOUR YEARS AND MUST SEEK REELECTION TO SERVE14
306306 ADDITIONAL FOUR-YEAR TERMS. AN ELECTED COMMISSIONER'S OATH OF15
307307 OFFICE PURSUANT TO SECTION 40-2-102 (1) MUST INCLUDE A16
308308 COMMITMENT TO PRIORITIZING ENERGY RELIABILITY AND REDUCING17
309309 CONSUMER COSTS ABOVE ALL OTHER CONSIDERATIONS IN MAKING18
310310 DECISIONS AS A COMMISSIONER.19
311311 (II) A
312312 COMMISSIONER WHO HAS NOT SOUGHT REELECTION AFTER20
313313 COMPLETING THE COMMISSIONER 'S TERM OR WHO HAS BEEN DEFEATED IN21
314314 THE GENERAL ELECTION MAY CONTINUE TO SERVE UNTIL THE PERSON22
315315 ELECTED TO SERVE IN THE COMMISSIONER'S SEAT HAS TAKEN THE OATH OF23
316316 OFFICE PURSUANT TO SECTION 40-2-102 (1) AND CAN BEGIN SERVING.24
317317 (III) (A) A
318318 PREVIOUSLY APPOINTED COMMISSIONER WHO HAS NOT25
319319 SOUGHT ELECTION IN 2024 OR WHO HAS BEEN DEFEATED IN THE 202426
320320 GENERAL ELECTION MAY CONTINUE TO SERVE UNTIL THE COMPLETION OF27
321321 HB22-1161
322322 -10- THE COMMISSIONER'S TERM, AND THE PERSON ELECTED TO SERVE IN THE1
323323 COMMISSIONER'S SEAT SHALL THEN TAKE THE OATH OF OFFICE PURSUANT2
324324 TO SECTION 40-2-102 (1) AND COMMENCE SERVING .3
325325 (B) T
326326 HIS SUBSECTION (2.5)(a)(III) IS REPEALED, EFFECTIVE4
327327 S
328328 EPTEMBER 1, 2027.5
329329 (b) T
330330 HE COMMISSIONERS SHALL DESIGNATE ONE COMMISSIONER AS6
331331 CHAIR OF THE COMMISSION. THE COMMISSIONERS SHALL DEVOTE THEIR7
332332 ENTIRE TIME TO THE DUTIES OF THEIR OFFICE TO THE EXCLUSION OF ANY8
333333 OTHER EMPLOYMENT AND SHALL RECEIVE SUCH COMPENSATION AS IS9
334334 DESIGNATED BY LAW. A MAJORITY OF THE COMMISSION CONSTITUTES A10
335335 QUORUM FOR THE TRANSACTION OF ITS BUSINESS .11
336336 (c)
337337 A COMMISSIONER SHALL DISCLOSE TO THE COMMISSION IN A12
338338 PUBLIC MEETING ANY POTENTIAL CONFLICTS OF INTEREST THAT ARISE13
339339 DURING THE COMMISSIONER'S TERM.14
340340 SECTION 5. In Colorado Revised Statutes, amend 40-2-102 as15
341341 follows:16
342342 40-2-102. Oath - qualifications. (1) Each commissioner, before17
343343 entering upon the duties of his
344344 office, shall take the constitutional oath of18
345345 office. No 19
346346 (2) A person in the employ of EMPLOYED BY or holding any20
347347 official OFFICE IN relation to any corporation or person which said21
348348 corporation or person THAT is subject in whole or in part to regulation by22
349349 the commission and no OR A person owning stocks or bonds of any such23
350350 corporation or who is in any manner pecuniarily interested therein shall24
351351 be appointed to or hold the office of commissioner or IN ANY SUCH25
352352 CORPORATION IS NOT ELIGIBLE TO be appointed or employed by the26
353353 commission; but, if any such A person becomes the owner of such stocks27
354354 HB22-1161
355355 -11- or bonds or becomes pecuniarily interested in such corporation otherwise1
356356 than voluntarily, he THE PERSON shall divest himself of such ownership2
357357 or interest within six months. failing to do so, his office or employment3
358358 shall become vacant IF A PERSON FAILS TO DIVEST OF SUCH OWNERSHIP OR4
359359 INTEREST AFTER SIX MONTHS , THE PERSON'S EMPLOYMENT WITH THE5
360360 COMMISSION CEASES.6
361361 SECTION 6. In Colorado Revised Statutes, 8-14.5-103, amend7
362362 the introductory portion and (3.5) as follows:8
363363 8-14.5-103. Definitions. As used in this article ARTICLE 14.5,9
364364 unless the context otherwise requires:10
365365 (3.5) "Commissioner" means the insurance commissioner,11
366366 appointed ELECTED pursuant to section 10-1-104. C.R.S.12
367367 SECTION 7. In Colorado Revised Statutes, 11-59-110, amend13
368368 (1)(f) as follows:14
369369 11-59-110. Exemptions from registration. (1) Subject to the15
370370 requirements of subsection (2) of this section, the following issues of16
371371 bonds by a district are exempted from all of the provisions of sections17
372372 11-59-104 and 11-59-106:18
373373 (f) Any issue of bonds insured as to the payment of the principal19
374374 and interest on the debt by a policy of insurance issued by an insurance20
375375 company authorized to do business as an insurance company in this state21
376376 and authorized for such risk by the insurance commissioner appointed22
377377 ELECTED pursuant to section 10-1-104; C.R.S.;23
378378 SECTION 8. Act subject to petition - effective date. Except as24
379379 otherwise provided in subsection (2) of this section, this act takes effect25
380380 January 1, 2024; except that, if a referendum petition is filed pursuant to26
381381 section 1 (3) of article V of the state constitution against this act or an27
382382 HB22-1161
383383 -12- item, section, or part of this act within the ninety-day period after final1
384384 adjournment of the general assembly, then the act, item, section, or part2
385385 will not take effect unless approved by the people at the general election3
386386 to be held in November 2022 and, in such case, will take effect January4
387387 1, 2024.5
388388 (2) Sections 1, 6, and 7 of this act take effect only if, at the6
389389 November 2022 statewide election, a majority of voters approve the ballot7
390390 issue referred in accordance with House Concurrent Resolution 22-___.8
391391 If the voters approve the ballot issue, then sections 1, 6, and 7 of this act9
392392 take effect January 1, 2024.10
393393 HB22-1161
394394 -13-