Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0543.01 Jennifer Berman x3286
HOUSE BILL 22-1161
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING A REQUIREMENT THAT CERTAIN STATEWIDE101
COMMISSIONERS BE ELECTED AT A GENERAL ELECTION , AND, IN102
CONNECTION THEREWITH , REQUIRING THE ELECTION OF THE103
COMMISSIONER OF INSURANCE , THE COMMISSIONERS OF THE104
AIR QUALITY CONTROL COMMISSION , THE VOTING105
COMMISSIONERS OF THE OIL AND GAS CONSERVATION106
COMMISSION, AND THE COMMISSIONERS OF THE PUBLIC107
UTILITIES COMMISSION AND REQUIRING THAT ELECTED108
COMMISSIONERS OF THE AIR QUALITY CONTROL COMMISSION109
AND PUBLIC UTILITIES COMMISSION COMMIT TO PRIORITIZING110
ENERGY RELIABILITY AND REDUCING CONSUMER COSTS AS PART111
OF THEIR OATHS OF OFFICE UPON ELECTION .112
HOUSE SPONSORSHIP
Pico, Bradfield, Holtorf, Soper, Van Beber, Will
SENATE SPONSORSHIP
(None), Hisey, Kirkmeyer, Woodward
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Section 1 of the bill requires the election of the commissioner of
insurance. Sections 6 and 7 make conforming amendments.
Section 2 repeals and reenacts existing statutes requiring the
governor to appoint members of the air quality control commission to
require the election of all commissioners.
Section 3 requires the election of the voting members of the oil
and gas conservation commission.
Section 4 requires the election of all members of the public
utilities commission, and section 5 makes conforming amendments.
Sections 2 through 5 become effective on January 1, 2024.
Because the Colorado constitution requires the appointment of the
commissioner of insurance, sections 1, 6, and 7 only become effective on
January 1, 2024, if, based on the passage of a concurrent resolution and
a vote of the people, the governor declares a vote at a general election to
change the Colorado constitution to require the election of the
commissioner of insurance.
Sections 2 and 4 also require that an elected commissioner's oath
of office include a commitment to prioritizing energy reliability and
reducing consumer costs above all other considerations in making
decisions as a commissioner.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 10-1-104, amend (1);2
and add (1.5) as follows:3
10-1-104. Commissioner of insurance - election - other4
employees - repeal. (1) (a) The commissioner of insurance is the head5
of the division of insurance.6
(b) (I) S
UBJECT TO SUBSECTION (1.5) OF THIS SECTION, the7
commissioner shall be appointed by, and serve at the pleasure of, the8
governor, subject to confirmation of the appointment by the senate9
HB22-1161-2- pursuant to section 23 of article IV of the state constitution. The1
commissioner shall be a person well versed in insurance and an elector of2
the state of Colorado and shall have no pecuniary interest in any3
insurance company or agency directly or indirectly, other than as a4
policyholder.5
(II) T
HIS SUBSECTION (1)(b) IS REPEALED, EFFECTIVE FEBRUARY6
1,
2025.7
(1.5) (a) O
N AND AFTER JANUARY 1, 2024, THE COMMISSIONER8
SHALL BE ELECTED AT A GENERAL ELECTION AND SHALL SERVE A9
FOUR-YEAR TERM. UPON REELECTION, THE COMMISSIONER MAY SERVE10
ADDITIONAL FOUR-YEAR TERMS. TO QUALIFY FOR ELECTION , THE11
COMMISSIONER MUST BE A QUALIFIED ELECTOR OF THE STATE OF12
C
OLORADO.13
(b) I
F THE COMMISSIONER HAS NOT SOUGHT REELECTION AFTER14
COMPLETING THE COMMISSIONER 'S TERM OR HAS BEEN DEFEATED IN THE15
GENERAL ELECTION, THE COMMISSIONER MAY CONTINUE TO SERVE UNTIL16
THE PERSON ELECTED TO SERVE AS THE COMMISSIONER HAS TAKEN THE17
OATH OF OFFICE PURSUANT TO SECTION 24-12-101 AND CAN BEGIN18
SERVING.19
SECTION 2. In Colorado Revised Statutes, repeal and reenact,20
with amendments, 25-7-104 as follows:21
25-7-104. Air quality control commission - created - election22
of commissioners - repeal. (1) (a) T
HERE IS HEREBY CREATED IN THE23
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT THE AIR QUALITY24
CONTROL COMMISSION . THE COMMISSION CONSISTS OF NINE VOTING25
COMMISSIONERS WHO SHALL BE ELECTED AT A GENERAL ELECTION . TO26
QUALIFY FOR ELECTION, A COMMISSIONER MUST BE A QUALIFIED ELECTOR27
HB22-1161
-3- OF THE STATE. EACH COMMISSIONER, BEFORE ENTERING UPON THE DUTIES1
OF THE OFFICE, SHALL TAKE AN OATH OF OFFICE IN ACCORDANCE WITH2
SECTION 24-12-101. AN ELECTED COMMISSIONER'S OATH OF OFFICE MUST3
INCLUDE A COMMITMENT TO PRIORITIZING ENERGY RELIABILITY AND4
REDUCING CONSUMER COSTS ABOVE ALL OTHER CONSIDERATIONS IN5
MAKING DECISIONS AS A COMMISSIONER .6
(b) C
OMMISSIONERS SERVE THREE-YEAR TERMS AND MUST SEEK7
REELECTION TO SERVE ADDITIONAL THREE-YEAR TERMS. A COMMISSIONER8
WHO HAS NOT SOUGHT REELECTION AFTER COMPLETING THE9
COMMISSIONER'S TERM OR WHO HAS BEEN DEFEATED IN THE GENERAL10
ELECTION MAY CONTINUE TO SERVE UNTIL THE PERSON ELECTED TO SERVE11
IN THE COMMISSIONER'S SEAT HAS TAKEN THE OATH OF OFFICE PURSUANT12
TO SUBSECTION (1)(a) OF THIS SECTION AND CAN BEGIN SERVING.13
(c) (I) A
PREVIOUSLY APPOINTED COMMISSIONER WHO HAS NOT14
SOUGHT ELECTION IN 2024 OR WHO HAS BEEN DEFEATED IN THE 202415
GENERAL ELECTION MAY CONTINUE TO SERVE UNTIL THE COMPLETION OF16
THE COMMISSIONER'S TERM, AND THE PERSON ELECTED TO SERVE IN THE17
COMMISSIONER'S SEAT SHALL THEN TAKE THE OATH OF OFFICE PURSUANT18
TO SUBSECTION (1)(a) OF THIS SECTION AND COMMENCE SERVING .19
(II) T
HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE SEPTEMBER20
1,
2027.21
(2) E
ACH COMMISSIONER NOT OTHERWISE IN FULL -TIME22
EMPLOYMENT OF THE STATE RECEIVES A PER DIEM OF FORTY DOLLARS FOR23
EACH DAY ACTUALLY AND NECESSARILY SPENT IN THE DISCHARGE OF24
OFFICIAL DUTIES, BUT NOT TO EXCEED ONE THOUSAND TWO HUNDRED25
EIGHTY-FOUR DOLLARS IN ANY ONE YEAR. EACH COMMISSIONER RECEIVES26
TRAVELING AND OTHER NECESSARY EXPENSES ACTUALLY INCURRED IN27
HB22-1161
-4- THE PERFORMANCE OF OFFICIAL DUTIES .1
(3) E
ACH YEAR, THE COMMISSION SHALL SELECT FROM ITS2
MEMBERSHIP A CHAIR, VICE-CHAIR, AND SECRETARY. THE SECRETARY OF3
THE COMMISSION SHALL KEEP A RECORD OF THE COMMISSION 'S4
PROCEEDINGS. THE COMMISSION SHALL HOLD REGULAR PUBLIC MONTHLY5
MEETINGS AND MAY HOLD SPECIAL MEETINGS ON THE CALL OF THE CHAIR6
OR, IF THE CHAIR IS UNAVAILABLE, ON THE CALL OF THE VICE-CHAIR, AT7
SUCH OTHER TIMES AS THE CHAIR OR VICE-CHAIR DEEMS NECESSARY. THE8
SECRETARY SHALL PROVIDE WRITTEN NOTICE OF THE TIME AND PLACE OF9
ANY MEETING TO EACH COMMISSIONER AT LEAST FIVE DAYS BEFORE THE10
MEETING.11
(4) T
WO-THIRDS OF THE MEMBERSHIP OF THE COMMISSION12
CONSTITUTES A QUORUM. A MATTER BEFORE THE COMMISSION REQUIRES13
A MAJORITY VOTE OF THE COMMISSIONERS FOR THE COMMISSION TO MAKE14
A DETERMINATION ON THE MATTER .15
(5) A
COMMISSIONER SHALL DISCLOSE TO THE COMMISSION IN A16
PUBLIC MEETING ANY POTENTIAL CONFLICTS OF INTEREST EXISTING AT THE17
TIME OF THE COMMISSIONER 'S ELECTION OR THAT ARISE DURING THE18
COMMISSIONER'S TERM.19
SECTION 3. In Colorado Revised Statutes, 34-60-104.3, repeal20
(2) and (5); and add (2.5) as follows:21
34-60-104.3. Oil and gas conservation commission - election of22
commissioners - report - publication - repeal. (2) (a) The commission
23
consists of seven members, five of whom shall be appointed by the24
governor with the consent of the senate. The executive director of the25
department of natural resources and the executive director of the26
department of public health and environment, or the executive directors'27
HB22-1161
-5- designees, are ex officio nonvoting members. A majority of the voting1
commissioners constitutes a quorum for the transaction of its business.2
(b) Each appointed commissioner must be a qualified elector of3
this state. Each appointed commissioner, before entering upon the duties4
of office, shall take the constitutional oath of office. Excluding the5
executive directors from consideration, no more than three members of6
the commission may be members of the same political party. To the7
extent possible, consistent with this subsection (2), the members shall be8
appointed taking into account the need for geographical representation of9
areas of the state with high levels of current or anticipated oil and gas10
activity or employment. The appointed members of the commission shall11
devote their entire time to the duties of their offices to the exclusion of12
any other employment and are entitled to receive compensation as13
designated by law.14
(c) One appointed member must be an individual with substantial15
experience in the oil and gas industry; one appointed member must have16
substantial expertise in planning or land use; one appointed member must17
have formal training or substantial experience in environmental18
protection, wildlife protection, or reclamation; one appointed member19
must have professional experience demonstrating an ability to contribute20
to the commission's body of expertise that will aid the commission in21
making sound, balanced decisions; and one appointed member must have22
formal training or substantial experience in public health.23
(d) No person may be appointed to serve on the commission or24
hold the office of commissioner if the person has a conflict of interest25
with oil and gas development in Colorado. Examples of conflicts of26
interest include being registered as a lobbyist at the local or state levels,27
HB22-1161
-6- serving in the general assembly within the prior three years, or serving in1
an official capacity with an entity that educates or advocates for or against2
oil and gas activity. This subsection (2)(d) shall be construed reasonably3
with the objective of disqualifying from the commission any person who4
might have an immediate conflict of interest or who may not be able to5
make balanced decisions about oil and gas regulation in Colorado. A6
person who has worked with or for an energy or environmental entity7
need not be disqualified if the person's experience shows subject matter8
knowledge coupled with an ability to render informed, thorough, and9
balanced decision-making.10
(e) Members of the commission shall be appointed for terms of11
four years each; except that the initial terms of two members are two12
years. The governor shall designate one member of the commission as13
chair of the commission. The chair shall delegate roles and14
responsibilities to commissioners and the director. The governor may at15
any time remove any appointed member of the commission, and by16
appointment the governor shall fill any vacancy on the commission. In17
case one or more vacancies occur on the same day, the governor shall18
designate the order of filling vacancies.19
(2.5) (a) (I) (A) T
HE COMMISSION CONSISTS OF SEVEN20
COMMISSIONERS, FIVE OF WHOM ARE VOTING COMMISSIONERS WHO SHALL21
BE ELECTED AT A GENERAL ELECTION . EACH VOTING COMMISSIONER ,22
BEFORE COMMENCING THE DUTIES OF THE OFFICE , SHALL TAKE AN OATH23
OF OFFICE IN ACCORDANCE WITH SECTION 24-12-101. A MAJORITY OF THE24
VOTING COMMISSIONERS CONSTITUTES A QUORUM FOR THE TRANSACTION25
OF THE COMMISSION'S BUSINESS.26
(B) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL27
HB22-1161
-7- RESOURCES AND THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF1
PUBLIC HEALTH AND ENVIRONMENT , OR THE EXECUTIVE DIRECTORS '2
DESIGNEES, ARE EX OFFICIO, NONVOTING COMMISSIONERS .3
(C) T
O QUALIFY FOR ELECTION AS A VOTING COMMISSIONER , A4
PERSON MUST BE A QUALIFIED ELECTOR OF THE STATE .5
(D) A
COMMISSIONER SHALL DISCLOSE TO THE COMMISSION IN A6
PUBLIC MEETING ANY POTENTIAL CONFLICTS OF INTEREST THAT ARISE7
DURING THE COMMISSIONER'S TERM.8
(II) V
OTING COMMISSIONERS SERVE FOUR -YEAR TERMS AND MUST9
SEEK REELECTION TO SERVE ADDITIONAL FOUR -YEAR TERMS. A VOTING10
COMMISSIONER WHO HAS NOT SOUGHT REELECTION AFTER COMPLETING11
THE COMMISSIONER'S TERM OR WHO HAS BEEN DEFEATED IN THE GENERAL12
ELECTION MAY CONTINUE TO SERVE UNTIL THE PERSON ELECTED TO SERVE13
IN THE COMMISSIONER'S SEAT HAS TAKEN THE OATH OF OFFICE PURSUANT14
TO SUBSECTION (2.5)(a)(I)(A) OF THIS SECTION AND CAN BEGIN SERVING.15
(III) (A) A
PREVIOUSLY APPOINTED VOTING COMMISSIONER WHO16
HAS NOT SOUGHT ELECTION IN 2024 OR WHO HAS BEEN DEFEATED IN THE17
2024
GENERAL ELECTION MAY CONTINUE TO SERVE UNTIL THE18
COMPLETION OF THE COMMISSIONER 'S TERM, AND THE PERSON ELECTED TO19
SERVE IN THE COMMISSIONER 'S SEAT SHALL THEN TAKE THE OATH OF20
OFFICE PURSUANT TO SUBSECTION (2.5)(a)(I)(A) OF THIS SECTION AND21
COMMENCE SERVING.22
(B) T
HIS SUBSECTION (2.5)(a)(III) IS REPEALED, EFFECTIVE23
S
EPTEMBER 1, 2027.24
(b) T
HE VOTING COMMISSIONERS SHALL DEVOTE THEIR ENTIRE25
TIME TO THE DUTIES OF THEIR OFFICES TO THE EXCLUSION OF ANY OTHER26
EMPLOYMENT AND ARE ENTITLED TO RECEIVE COMPENSATION AS27
HB22-1161
-8- DESIGNATED BY LAW.1
(c) T
HE VOTING COMMISSIONERS SHALL DESIGNATE ONE VOTING2
COMMISSIONER TO SERVE AS CHAIR OF THE COMMISSION . THE CHAIR3
SHALL DELEGATE ROLES AND RESPONSIBILITIES TO THE COMMISSIONERS4
AND THE DIRECTOR.5
(5) This section takes effect on the earlier of July 1, 2020, or the
6
date on which all rules required to be adopted by section 34-60-1067
(2.5)(a), (11)(c), and (19) have become effective. The director shall notify8
the revisor of statutes in writing of the date on which the condition9
specified in this subsection (5) has occurred by e-mailing the notice to10
revisorofstatutes.ga@state.co.us.11
SECTION 4. In Colorado Revised Statutes, 40-2-101, repeal (1)12
and (2); and add (2.5) as follows:13
40-2-101. Creation - term - subject to termination - repeal -14
repeal of part. (1) A public utilities commission is hereby created,15
which shall be known as the public utilities commission of the state of16
Colorado, to consist of three members who shall be appointed by the17
governor with the consent of the senate. Persons holding office on July18
1, 1993, shall continue to serve in such office, but the term of one of these19
persons shall expire on the Monday preceding the second Tuesday of20
January, 1995, of another, the Monday preceding the second Tuesday of21
January, 1996, and of the third, the Monday preceding the second22
Tuesday of January, 1997, all as the governor shall designate; except that23
such designation shall not result in the extension of the term of any24
member to more than four years' duration. Thereafter, appointments shall25
be made for terms of four years.26
(2) No more than two members of the public utilities commission27
HB22-1161
-9- shall be affiliated with the same political party, and any appointment to1
fill a vacancy shall be for the unexpired term. Each commissioner shall2
be a qualified elector of this state. The governor shall designate one3
member of the commission as chair of the commission. The4
commissioners shall devote their entire time to the duties of their office5
to the exclusion of any other employment and shall receive such6
compensation as is designated by law. A majority of the commission shall7
constitute a quorum for the transaction of its business.8
(2.5) (a) (I) A
PUBLIC UTILITIES COMMISSION IS HEREBY CREATED9
AS THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO. THE10
COMMISSION CONSISTS OF THREE COMMISSIONERS ELECTED AT A GENERAL11
ELECTION. TO QUALIFY FOR ELECTION, A COMMISSIONER MUST BE A12
QUALIFIED ELECTOR OF THIS STATE. ELECTED COMMISSIONERS SERVE FOR13
TERMS OF FOUR YEARS AND MUST SEEK REELECTION TO SERVE14
ADDITIONAL FOUR-YEAR TERMS. AN ELECTED COMMISSIONER'S OATH OF15
OFFICE PURSUANT TO SECTION 40-2-102 (1) MUST INCLUDE A16
COMMITMENT TO PRIORITIZING ENERGY RELIABILITY AND REDUCING17
CONSUMER COSTS ABOVE ALL OTHER CONSIDERATIONS IN MAKING18
DECISIONS AS A COMMISSIONER.19
(II) A
COMMISSIONER WHO HAS NOT SOUGHT REELECTION AFTER20
COMPLETING THE COMMISSIONER 'S TERM OR WHO HAS BEEN DEFEATED IN21
THE GENERAL ELECTION MAY CONTINUE TO SERVE UNTIL THE PERSON22
ELECTED TO SERVE IN THE COMMISSIONER'S SEAT HAS TAKEN THE OATH OF23
OFFICE PURSUANT TO SECTION 40-2-102 (1) AND CAN BEGIN SERVING.24
(III) (A) A
PREVIOUSLY APPOINTED COMMISSIONER WHO HAS NOT25
SOUGHT ELECTION IN 2024 OR WHO HAS BEEN DEFEATED IN THE 202426
GENERAL ELECTION MAY CONTINUE TO SERVE UNTIL THE COMPLETION OF27
HB22-1161
-10- THE COMMISSIONER'S TERM, AND THE PERSON ELECTED TO SERVE IN THE1
COMMISSIONER'S SEAT SHALL THEN TAKE THE OATH OF OFFICE PURSUANT2
TO SECTION 40-2-102 (1) AND COMMENCE SERVING .3
(B) T
HIS SUBSECTION (2.5)(a)(III) IS REPEALED, EFFECTIVE4
S
EPTEMBER 1, 2027.5
(b) T
HE COMMISSIONERS SHALL DESIGNATE ONE COMMISSIONER AS6
CHAIR OF THE COMMISSION. THE COMMISSIONERS SHALL DEVOTE THEIR7
ENTIRE TIME TO THE DUTIES OF THEIR OFFICE TO THE EXCLUSION OF ANY8
OTHER EMPLOYMENT AND SHALL RECEIVE SUCH COMPENSATION AS IS9
DESIGNATED BY LAW. A MAJORITY OF THE COMMISSION CONSTITUTES A10
QUORUM FOR THE TRANSACTION OF ITS BUSINESS .11
(c)
A COMMISSIONER SHALL DISCLOSE TO THE COMMISSION IN A12
PUBLIC MEETING ANY POTENTIAL CONFLICTS OF INTEREST THAT ARISE13
DURING THE COMMISSIONER'S TERM.14
SECTION 5. In Colorado Revised Statutes, amend 40-2-102 as15
follows:16
40-2-102. Oath - qualifications. (1) Each commissioner, before17
entering upon the duties of his
office, shall take the constitutional oath of18
office. No 19
(2) A person in the employ of EMPLOYED BY or holding any20
official OFFICE IN relation to any corporation or person which said21
corporation or person THAT is subject in whole or in part to regulation by22
the commission and no OR A person owning stocks or bonds of any such23
corporation or who is in any manner pecuniarily interested therein shall24
be appointed to or hold the office of commissioner or IN ANY SUCH25
CORPORATION IS NOT ELIGIBLE TO be appointed or employed by the26
commission; but, if any such A person becomes the owner of such stocks27
HB22-1161
-11- or bonds or becomes pecuniarily interested in such corporation otherwise1
than voluntarily, he THE PERSON shall divest himself of such ownership2
or interest within six months. failing to do so, his office or employment3
shall become vacant IF A PERSON FAILS TO DIVEST OF SUCH OWNERSHIP OR4
INTEREST AFTER SIX MONTHS , THE PERSON'S EMPLOYMENT WITH THE5
COMMISSION CEASES.6
SECTION 6. In Colorado Revised Statutes, 8-14.5-103, amend7
the introductory portion and (3.5) as follows:8
8-14.5-103. Definitions. As used in this article ARTICLE 14.5,9
unless the context otherwise requires:10
(3.5) "Commissioner" means the insurance commissioner,11
appointed ELECTED pursuant to section 10-1-104. C.R.S.12
SECTION 7. In Colorado Revised Statutes, 11-59-110, amend13
(1)(f) as follows:14
11-59-110. Exemptions from registration. (1) Subject to the15
requirements of subsection (2) of this section, the following issues of16
bonds by a district are exempted from all of the provisions of sections17
11-59-104 and 11-59-106:18
(f) Any issue of bonds insured as to the payment of the principal19
and interest on the debt by a policy of insurance issued by an insurance20
company authorized to do business as an insurance company in this state21
and authorized for such risk by the insurance commissioner appointed22
ELECTED pursuant to section 10-1-104; C.R.S.;23
SECTION 8. Act subject to petition - effective date. Except as24
otherwise provided in subsection (2) of this section, this act takes effect25
January 1, 2024; except that, if a referendum petition is filed pursuant to26
section 1 (3) of article V of the state constitution against this act or an27
HB22-1161
-12- item, section, or part of this act within the ninety-day period after final1
adjournment of the general assembly, then the act, item, section, or part2
will not take effect unless approved by the people at the general election3
to be held in November 2022 and, in such case, will take effect January4
1, 2024.5
(2) Sections 1, 6, and 7 of this act take effect only if, at the6
November 2022 statewide election, a majority of voters approve the ballot7
issue referred in accordance with House Concurrent Resolution 22-___.8
If the voters approve the ballot issue, then sections 1, 6, and 7 of this act9
take effect January 1, 2024.10
HB22-1161
-13-