SENATE BILL 22-013
BY SENATOR(S) Fenberg and Holbert, Buckner, Cooke, Gonzales,
Hansen, Hisey, Kirkmeyer, Lee, Liston, Lundeen, Moreno, Priola, Rankin,
Simpson, Sonnenberg, Winter, Woodward;
also REPRESENTATIVE(S) Garnett and McKean, Benavidez, Duran,
Exum, Gonzales-Gutierrez, Gray, Herod, Jodeh, Kipp, Lontine, Lynch,
McCluskie, Mullica, Snyder, Soper, Titone.
C
ONCERNING REQUIREMENTS FOR BOARDS AND COMMISSIONS , AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, repeal and reenact,
with amendments, 24-1-135 as follows:
24-1-135. Effect of congressional redistricting on boards and
commissions - definition. (1) A
S USED IN THIS SECTION, "BOARD"
INCLUDES ANY BOARD, COMMISSION, COMMITTEE, TASK FORCE, OR OTHER
SIMILAR BODY CREATED IN THE STATE CONSTITUTION OR STATE STATUTE
.
(2) U
NLESS A SECTION OF THE STATE CONSTITUTION OR A STATUTE
CREATING A BOARD PROVIDES OTHERWISE
:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (a) ANY MEMBER OF A BOARD WHO WAS APPOINTED OR ELECTED TO
THE OFFICE AS A RESIDENT OF A DESIGNATED CONGRESSIONAL DISTRICT
PURSUANT TO ANY SECTION OF THE STATE CONSTITUTION OR ANY
STATUTORY SECTION CREATING THE BOARD AND WHO NO LONGER RESIDES
IN THE CONGRESSIONAL DISTRICT SOLELY BECAUSE OF A CHANGE MADE TO
THE BOUNDARIES OF THE DISTRICT PURSUANT TO SECTIONS
44 TO 44.6 OF
ARTICLE
V OF THE STATE CONSTITUTION IS ELIGIBLE TO HOLD OFFICE FOR
THE REMAINDER OF THE TERM TO WHICH THE MEMBER WAS ELECTED OR
APPOINTED
, NOTWITHSTANDING THE NONRESIDENCY OF THE MEMBER .
(b) W
HEN A BOARD INCREASES IN SIZE OR CHANGES IN COMPOSITION
DUE TO THE ADDITION OF A CONGRESSIONAL DISTRICT FOLLOWING A
FEDERAL DECENNIAL CENSUS
, AN APPOINTING AUTHORITY RESPONSIBLE FOR
MAKING APPOINTMENTS OF MEMBERS FROM THE STATE
'S CONGRESSIONAL
DISTRICTS SHALL APPOINT A MEMBER TO REPRESENT THE NEW DISTRICT AS
SOON AS PRACTICABLE IN THE YEAR FOLLOWING THE APPROVAL OF THE NEW
CONGRESSIONAL DISTRICT
'S BOUNDARIES PURSUANT TO SECTIONS 44 TO 44.6
OF ARTICLE V OF THE STATE CONSTITUTION . THE NEWLY APPOINTED
MEMBER SERVES A FULL TERM AS SET FORTH IN THE STATE CONSTITUTION OR
STATUTE FOR A MEMBER OF THE BOARD
; EXCEPT THAT THE APPOINTING
AUTHORITY MAY APPOINT THE MEMBER FOR A SHORTER TERM IF NECESSARY
TO PRESERVE ANY REQUIRED STAGGERING OF THE TERMS OF THE MEMBERS
OF THE BOARD
.
(c) (I) W
HEN A BOARD DECREASES IN SIZE OR CHANGES IN
COMPOSITION DUE TO THE LOSS OF A CONGRESSIONAL DISTRICT FOLLOWING
A FEDERAL DECENNIAL CENSUS
, AN APPOINTING AUTHORITY RESPONSIBLE
FOR MAKING APPOINTMENTS OF MEMBERS FROM THE STATE
'S
CONGRESSIONAL DISTRICTS SHALL REVIEW THE CURRENT APPOINTMENTS TO
THE BOARD AND
:
(A) I
F THE BOARD DECREASES IN SIZE, SELECT ONE BOARD MEMBER
WHOSE TERM SHALL BE TERMINATED ON
JUNE 30 OF THE YEAR FOLLOWING
THE CHANGE IN THE NUMBER OF CONGRESSIONAL DISTRICTS
; OR
(B) IF THE BOARD CHANGES IN COMPOSITION , SELECT ONE BOARD
MEMBER APPOINTED TO REPRESENT A CONGRESSIONAL DISTRICT TO BE
REPLACED WITH AN AT
-LARGE OR OTHER MEMBER WHEN THE MEMBER 'S
TERM EXPIRES
.
PAGE 2-SENATE BILL 22-013 (II) IN MAKING THE SELECTIONS REQUIRED BY SUBSECTION (2)(c)(I)
OF THIS SECTION, THE APPOINTING AUTHORITY SHALL CONSIDER HOW WELL
THE CURRENT APPOINTMENTS REPRESENT THE STATE
'S NEW CONGRESSIONAL
DISTRICTS AND ATTEMPT TO ENSURE ADEQUATE REPRESENTATION FOR THE
NEW DISTRICTS AMONG THE REMAINING BOARD MEMBERS FOR THE
REMAINDER OF THEIR TERMS
. IF NECESSARY, THE APPOINTING AUTHORITY
SHALL CLARIFY WHICH DISTRICTS THE REMAINING MEMBERS REPRESENT AND
MAY ADJUST THE TERMS OF THE REMAINING MEMBERS TO PRESERVE ANY
REQUIRED STAGGERING OF THE TERMS OF THE MEMBERS OF THE BOARD
.
SECTION 2. In Colorado Revised Statutes, add 24-1-135.5 as
follows:
24-1-135.5. Boards and commissions - definitions. (1) A
S USED
IN THIS SECTION
, "BOARD" INCLUDES ANY BOARD, COMMISSION, COMMITTEE,
TASK FORCE, OR OTHER SIMILAR BODY CREATED IN THE STATE CONSTITUTION
OR STATE STATUTE
.
(2) U
NLESS A SECTION OF THE STATE CONSTITUTION OR A STATUTE
CREATING A BOARD PROVIDES OTHERWISE
:
(a) A
NY VACANCY IN AN APPOINTED OFFICE ON A BOARD ARISING
FOR ANY REASON OTHER THAN THE EXPIRATION OF THE MEMBER
'S TERM
SHALL BE FILLED BY THE APPOINTING AUTHORITY WHO MADE THE INITIAL
APPOINTMENT FOR THE REMAINDER OF THE UNEXPIRED TERM
. AN
APPOINTMENT TO FILL A VACANCY IS SUBJECT TO THE SAME QUALIFICATIONS
AND CONDITIONS AS SET FORTH IN STATUTE OR IN THE STATE CONSTITUTION
FOR THE VACANT POSITION
. THE STAFF OF A STATE AGENCY THAT PROVIDES
STAFF SUPPORT TO THE BOARD
, OR, IF NO AGENCY PROVIDES STAFF SUPPORT
TO THE BOARD
, THE CHAIR OF THE BOARD, SHALL NOTIFY THE APPOINTING
AUTHORITY FOR THE VACANT POSITION OF THE VACANCY BY E
-MAIL WITHIN
THIRTY DAYS OF THE VACANCY OCCURRING
.
(b) N
OTWITHSTANDING THE TERM LENGTH SET FORTH IN STATUTE OR
THE STATE CONSTITUTION
, AN APPOINTED MEMBER CONTINUES TO SERVE
UNTIL THE MEMBER
'S SUCCESSOR IS DULY APPOINTED.
(c) W
HEN THE DIRECTOR OR EXECUTIVE DIRECTOR OF AN EXECUTIVE
AGENCY
, A DIVISION OF AN EXECUTIVE AGENCY, OR AN OFFICE WITHIN AN
EXECUTIVE AGENCY IS AN EX OFFICIO MEMBER OF A BOARD
, THE DIRECTOR
PAGE 3-SENATE BILL 22-013 OR EXECUTIVE DIRECTOR MAY DESIGNATE ANOTHER PERSON WITHIN THE
EXECUTIVE AGENCY TO FULFILL THE DIRECTOR OR EXECUTIVE DIRECTOR
'S
DUTIES ON THE BOARD
.
(d) W
HEN A CONSTITUTIONAL OR STATUTORY PROVISION THAT
CREATES OR CONCERNS ACTIVITIES OF A BOARD INCLUDES A REQUIREMENT
THAT APPLIES TO A
"MINIMUM MAJORITY" OF THE MEMBERSHIP OF A BOARD,
"
MINIMUM MAJORITY" MEANS THE LOWEST NUMBER OF MEMBERS THAT IS
MORE THAN HALF OF ALL BOARD MEMBERS
.
(e) A
MEMBER OF A BOARD MAY PARTICIPATE REMOTELY IN BOARD
MEETINGS IF ALLOWED BY THE BOARD
'S POLICIES OR BYLAWS, INCLUDING
FOR THE PURPOSES OF ESTABLISHING A QUORUM OF THE BOARD
. REMOTE
PARTICIPATION BY A MEMBER AT A BOARD MEETING MUST BE RECORDED IN
THE MEETING MINUTES
.
(f) F
OR THE PURPOSES OF ANY TERM LIMIT THAT APPLIES TO THE
MEMBERS OF A BOARD
, A PARTIAL TERM COUNTS TOWARD THE TERM LIMIT
ONLY IF THE PARTIAL TERM WAS MORE THAN HALF THE LENGTH OF A
STANDARD TERM FOR A MEMBER OF THAT BOARD
.
SECTION 3. In Colorado Revised Statutes, amend 8-14.5-104 as
follows:
8-14.5-104. Creation of board. (1) (a) There is hereby
created in
the division the workers' compensation cost containment board, to be
composed of seven members
AS FOLLOWS:
(I) The commissioner of insurance;
(II) The chief executive officer of Pinnacol Assurance; and
(III) Five members appointed by the governor and confirmed by the
senate. T
HE appointed members of the board shall be chosen among the
following:
(A) Employers or their designated representatives engaged in
businesses having workers' compensation insurance rates in the upper five
percent of the rate schedule;
PAGE 4-SENATE BILL 22-013 (B) Actuaries or executives with risk management experience in the
insurance industry; or
(C) Employers who have demonstrated good risk management
experience with respect to their workers' compensation insurance.
(b) (I) T
HE APPOINTED MEMBERS OF THE BOARD SHALL SERVE FOR
TERMS OF THREE YEARS AND MAY BE REAPPOINTED
; EXCEPT THAT THE
TERMS SHALL BE STAGGERED SO THAT NO MORE THAN THREE MEMBERS
'
TERMS EXPIRE THE SAME YEAR.
(II) T
HE CHIEF EXECUTIVE OFFICER OF PINNACOL ASSURANCE AND
THE COMMISSIONER OF INSURANCE SHALL SERVE CONTINUOUSLY
.
(2) M
EMBERS OF THE BOARD SERVE WITHOUT COMPENSATION BUT
ARE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY TRAVELING
AND SUBSISTENCE EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
OFFICIAL DUTIES AS MEMBERS OF THE BOARD
.
(2)
(3) The board shall exercise its powers and perform its functions
under the department and the director of the division as if the same were
transferred to the department by a type 2 transfer, as such transfer is defined
in the "Administrative Organization Act of 1968", article 1 of title 24.
C.R.S.
(3) The appointed members of the board shall serve for terms of
three years and may be reappointed; except that, of the members first
appointed, two shall serve for terms of three years; two shall serve for terms
of two years, and one shall serve for a term of one year. The chief executive
officer of Pinnacol Assurance and the commissioner of insurance shall
serve continuously.
(4) Members of the board shall receive no compensation but shall
be reimbursed for actual and necessary traveling and subsistence expenses
incurred in the performance of their official duties as members of the board.
SECTION 4. In Colorado Revised Statutes, 8-20.5-104, amend (1)
as follows:
8-20.5-104. Rules - petroleum storage tank committee.
PAGE 5-SENATE BILL 22-013 (1) (a) The governor shall appoint a THERE IS CREATED THE petroleum
storage tank committee, which shall consist CONSISTS of seven members
who have technical expertise and knowledge in fields related to corrective
actions taken to mitigate underground and aboveground storage tank
releases.
(b) T
HE COMMITTEE CONSISTS OF:
(I) T
HE FOLLOWING PERMANENT MEMBERS :
(A) The director of the division of oil and public safety or the
director's designee;
(B) The executive director of the department or the
EXECUTIVE
DIRECTOR
'S designee; of the executive director,
and
(C) An owner or operator; shall be permanent members of the
committee. AND
(II) The remaining Four members of the committee APPOINTED BY
THE GOVERNOR WHO
shall be chosen from among the following groups,
with no more than one member representing each group:
(A) Fire protection districts;
(B) Elected local governmental officials;
(C) Companies that refine and retail motor fuels in Colorado;
(D) Companies that wholesale motor fuels in Colorado;
(E) Owners and operators of independent retail outlets;
(F) Companies that conduct corrective actions or install and repair
underground and aboveground storage tanks; and
(G) Private citizens or interest groups.
(c) The department shall provide staff to support the activities of the
committee.
PAGE 6-SENATE BILL 22-013 SECTION 5. In Colorado Revised Statutes, 8-44-206, amend (2)
as follows:
8-44-206. Guaranty fund - immediate payment fund - special
funds board - creation. (2) Creation of special funds board - duties.
(a) For the purposes of carrying out this section, there is hereby created a
special funds board, which shall exercise its powers and perform its duties
and functions as specified in this subsection (2) under the department of
labor and employment as if the same were transferred to the department by
a type 2 transfer as such transfer is defined in the "Administrative
Organization Act of 1968", article 1 of title 24. C.R.S.
(b) Said board shall be composed THE BOARD CONSISTS of five
members
AS FOLLOWS:
(I) Four members
APPOINTED BY THE GOVERNOR AND CONFIRMED BY
THE SENATE
, who are managers or employees of self-insured employers in
good standing, two of whom shall demonstrate knowledge of risk
management and finance; and
(II) The executive director.
(b) (c) With the exception of the executive director, the board
members shall be appointed by the governor and approved by the senate.
The terms of the members of the board first appointed shall be four years,
three years, two years, and one year, respectively. Thereafter, The term for
each appointed board member shall be IS four years; EXCEPT THAT THE
TERMS SHALL BE STAGGERED SO THAT NO MORE THAN ONE MEMBER
'S TERM
EXPIRES IN ONE YEAR
. Members of the board may be reappointed and the
executive director shall serve continuously.
(c)
(d) The Members of the board shall receive no SERVE WITHOUT
compensation but shall be reimbursed ARE ENTITLED TO REIMBURSEMENT
for actual and necessary traveling and subsistence expenses incurred in the
performance of their duties as members of the board.
(d) (e) (I) The board shall determine the assessments to be made
pursuant to subsections (3) and (4) of this section and shall determine the
qualifications and requirements for any claims administrators hired to adjust
the claims of a self-insurer who fails to meet his
THE SELF-INSURER'S
PAGE 7-SENATE BILL 22-013 obligations with respect to benefits awarded pursuant to articles 40 to 47 of
this title TITLE 8.
(II) The board shall also participate, in an advisory capacity only, in
matters concerning the granting or termination of self-insurance permits and
the setting of security requirements.
SECTION 6. In Colorado Revised Statutes, 10-11-201, amend
(2)(c)(I) as follows:
10-11-201. Title insurance commission - creation - advisory body
- appointment of members - meetings - repeal. (2) (c) (I) In order to
ensure staggered terms, one member appointed under subparagraph (I) of
paragraph (a) of this subsection (2), one member appointed under
subparagraph (II) of paragraph (a) of this subsection (2), and two members
appointed under subparagraph (III) of paragraph (a) of this subsection (2)
shall be appointed for a term of two years and the remaining appointees
shall serve for a term of four years. Thereafter, The terms of the members
shall be ARE for four years; with EXCEPT THAT THE TERMS SHALL BE
STAGGERED SO THAT NO MORE THAN FIVE MEMBERS
' TERMS EXPIRE IN THE
SAME YEAR
. MEMBERS SHALL SERVE a maximum of two consecutive terms.
SECTION 7. In Colorado Revised Statutes, 10-22-105, amend (1)
as follows:
10-22-105. Exchange board of directors. (1) (a) There is hereby
created the board of directors of the exchange. The board consists of twelve
members, of whom INCLUDING nine are voting members APPOINTED
PURSUANT TO SUBSECTION
(1)(b) OF THIS SECTION and three are
nonvoting,
ex officio members
AS SET FORTH IN SUBSECTION (1)(d) OF THIS SECTION.
(b) (I) On or before July 1, 2011,
The governor shall appoint five
voting members to the board, and the president of the senate, the minority
leader of the senate, the speaker of the house of representatives, and the
minority leader of the house of representatives shall each appoint one voting
member to the board. The governor shall not appoint more than three
members from the same political party. The board shall elect one of its
members as chair of the board.
(II) APPOINTED members of the board may be removed by their
PAGE 8-SENATE BILL 22-013 respective appointing authorities for cause. The person APPOINTING
AUTHORITY
making the original appointment or reappointment, or whoeveris entitled to make the appointment on the date of a vacancy, shall fill the
A vacancy by appointment for the remainder of an unexpired term.
(III) T
HE TERM OF AN APPOINTED MEMBER IS FOUR YEARS ; EXCEPT
THAT THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN FIVE
MEMBERS
' TERMS EXPIRE IN THE SAME YEAR . Members may serve a
maximum of two consecutive terms. If a member is appointed to fill a
vacancy and serves for more than half of the unexpired term, the member
shall be eligible for appointment to only one more consecutive term.
(b)
(IV) The persons making the appointments APPOINTING
AUTHORITIES
shall coordinate appointments to ensure that there is broad
representation within the skill sets specified in this paragraph (b)SUBSECTION (1)(b)(IV) and shall consider the geographic, economic, ethnic,
and other characteristics of the state when making the appointments. A
majority of the voting members must be business representatives or
individuals who are not directly affiliated with the insurance industry, and
none shall be state employees. Of the members first appointed, in order to
ensure staggered terms, four of the governor's appointees shall serve for a
term of two years and the remaining governor's appointee and other initial
appointees shall serve for a term of four years. Thereafter, the terms of the
members shall be for four years. Each person appointed to the board should
have demonstrated expertise in at least two, and in any case shall have
demonstrated expertise in no less than one, of the following areas:
(I)
(A) Individual health insurance coverage;
(II) (B) Small employer health insurance;
(III) (C) Health benefits administration;
(IV) (D) Health-care finance;
(V) (E) Administration of a public or private health-care delivery
system;
(VI) (F) The provision of health-care services;
PAGE 9-SENATE BILL 22-013 (VII) (G) The purchase of health insurance coverage;
(VIII) (H) Health-care consumer navigation or assistance;
(IX) (I) Health-care economics or health-care actuarial sciences;
(X) (J) Information technology; or
(XI) (K) Starting a small business with fifty or fewer employees.
(c) The executive director of the department of health care policy
and financing, or his or her designee; the commissioner of insurance, or his
or her designee; and the director of the office of economic development and
international trade, or his or her designee, shall serve as nonvoting, ex
officio members of the board.
(d) T
HE BOARD SHALL ELECT ONE OF ITS MEMBERS AS CHAIR OF THE
BOARD
.
SECTION 8. In Colorado Revised Statutes, 11-44-101.6, amend
(1) and (3); and repeal (10) as follows:
11-44-101.6. Financial services board - creation. (1) There is
hereby
established in the division the financial services board, which shall
consist CONSISTS of five members APPOINTED BY THE GOVERNOR WITH THE
CONSENT OF THE SENATE
.
(3) Members shall be appointed by the governor, with the consentof the senate. Appointments shall take effect on July 1, 1993. The term of
office of each member shall be IS four years; with the exception of the first
appointments wherein two members shall be appointed for a two-year term
to effect the staggering of terms EXCEPT THAT THE TERMS SHALL BE
STAGGERED SO THAT NO MORE THAN THREE MEMBERS
' TERMS EXPIRE IN THE
SAME YEAR
. The governor may, after notice and hearing, remove a member
for cause. Any board member who is absent from three consecutive board
meetings is subject to immediate removal by the governor.
(10) For the fiscal year beginning July 1, 1993, all moneys necessary
to fund the board, including but not limited to per diem compensation and
reimbursement of expenses for board members, shall be transferred from
PAGE 10-SENATE BILL 22-013 the moneys allocated for travel expenses for the division.
SECTION 9. In Colorado Revised Statutes, 11-59-105, amend (1)
as follows:
11-59-105. Colorado municipal bond supervision advisory board
- creation. (1) (a) There is hereby created the Colorado municipal bond
supervision advisory board.
(b) to be composed of THE BOARD CONSISTS OF THE FOLLOWING
MEMBERS
:
(I) Three members of the general assembly;
(II) One municipal securities broker-dealer representative;
(III) One representative of a county;
(IV) One representative of a municipality;
(V) One representative of a special district;
(VI) One representative of banks that act as indenture trustees for
municipal bond offerings;
(VII) One bond counsel representative;
(VIII) One real estate developer representative;
(IX) Three members of the general public with experience in
municipal financing as investors who are not associated with any of the
other members or interests; and
(X) Four owners of residential real property located in special
districts who are not associated with any of the other members or interests.
(c) Except for the legislative members, members of the board shall
be appointed by the governor, who shall take into account the extent to
which the board represents the geographic areas, population concentrations,
and ethnic communities of this state. Appointments by the governor shall
PAGE 11-SENATE BILL 22-013 be for a period of four years.
(d) The three members of the general assembly shall be appointed
one each by the governor, the speaker of the house of representatives, and
the president of the senate. No more than two of said legislative members
may be from the same major political party, and, except as provided in
paragraph (b) of this subsection (1)
SUBSECTION (1)(h) OF THIS SECTION,
each such legislative member shall be appointed for a term of two years or
for the same term to which they were elected, whichever is less. Successors
shall be appointed in the same manner as the original members. Vacancies
of all other members shall be filled by appointment by the governor for
unexpired terms. In the case of a vacancy, the remaining members of the
board shall exercise all the powers and authority of the board until such
vacancy is filled.
(e) The board shall choose its own chairperson
CHAIR by majority
vote of the quorum present at a meeting called for the purpose of electing
a chairperson
CHAIR. The board shall meet not less than annually.
(f) Except as otherwise provided in section 2-2-326, C.R.S.,
members of the board shall receive no SERVE WITHOUT compensation but
shall be reimbursed ARE ENTITLED TO REIMBURSEMENT for all actual and
necessary expenses incurred in the performance of their duties, and such
expenses shall be paid from the appropriations from the division of
securities cash fund created in section 11-51-707.
(g) A majority of the board shall constitute
CONSTITUTES a quorum
to transact business and for the exercise of any of the powers or authority
conferred.
(b)
(h) The terms of the members appointed by the speaker of the
house of representatives and the president of the senate and who are serving
on March 22, 2007, shall be extended to and expire on or shall terminate on
the convening date of the first regular session of the sixty-seventh general
assembly. As soon as practicable after such convening date, the speaker and
the president shall each appoint or reappoint one member in the same
manner as provided in paragraph (a) of this subsection (1). Thereafter, The
terms of members appointed or reappointed by the speaker and the president
shall
expire on the convening date of the first regular session of each
general assembly, and all subsequent appointments and reappointments by
PAGE 12-SENATE BILL 22-013 the speaker and the president shall be made as soon as practicable after such
convening date. The person making the original appointment or
reappointment shall fill any vacancy by appointment for the remainder of
an unexpired term. Members appointed or reappointed by the speaker and
the president shall
serve at the pleasure of the appointing authority and shall
continue in office until the member's successor is appointed.
SECTION 10. In Colorado Revised Statutes, amend 11-102-103
as follows:
11-102-103. Banking board - repeal. (1) (a) There is hereby
established in the division a banking board, which shall consist CONSISTS
of nine members as further specified in this section APPOINTED BY THE
GOVERNOR
, WITH THE CONSENT OF THE SENATE, AS FOLLOWS:
(b) The members of the banking board serving on June 30, 2003,shall continue to serve until the expiration of their terms of office in
accordance with the provisions of this section.
(2) (a) There shall be Five members who during their tenure are, and
shall MUST remain, executive officers of state banks, each of whom shall
MUST have not less than five years' practical experience as an active
executive officer of a bank. At least two of such members shall represent
banks having less than one hundred fifty million dollars in total assets at the
time of their appointment.
(b) There shall be
One member who during his or her THE MEMBER'S
tenure is, and shall MUST remain, an executive officer of a business licensed
pursuant to article 110 of this title 11;
(c) There shall be One member who during his or her THE MEMBER'S
tenure is, and shall MUST remain, the executive officer of a trust company;
AND
(d) There shall also be Two members to WHO serve as public
members of the banking board who shall have expertise in finance through
their current experience in business, industry, agriculture, or education.
(3) (2) No member of the banking board shall have any interest,
direct or indirect, in a bank in which another member of the banking board
PAGE 13-SENATE BILL 22-013 has any such interest. Not more than one of the members shall be an
executive officer or employee of any one bank holding company or affiliate
thereof.
(4)
(3) Of the members appointed under subsection (2) SUBSECTION
(1) of this section, at all times at least one shall MUST reside west of the
continental divide.
(5) (4) Members shall be appointed by the governor, with the
consent of a majority of the elected members of the senate at the next
meeting thereof. The term of office of each member shall be IS four years.
In the event of the death, resignation, nonresidency in the congressional
district from which appointed, inability to act, or refusal to act of any
member of the banking board, or the occurrence of any other event that
disqualifies the member from serving the remainder of his or her
THE
MEMBER
'S term on the banking board, the governor within forty-five days
thereafter, or in the event of the governor's failure to act, the banking board
shall make an interim appointment of a member to serve for the unexpired
term on the banking board, subject to the approval of a majority of the
elected members of the senate at the next meeting thereof. A member who
moves out of the congressional district from which appointed shall promptly
notify the governor of the date of such move, but such notice is not a
condition precedent to the occurrence of the vacancy CONSENT OF THE
SENATE
. The governor may after notice and hearing,
remove a member for
cause. Any banking board member who is absent from three consecutive
banking board meetings is subject to immediate removal by the governor.
(6)
(5) Each member of the banking board shall receive the same per
diem compensation and reimbursement of expenses as those provided for
members of boards and commissions in the division of professions and
occupations pursuant to section 12-20-103 (6). Payment for all such
expenses and allowances shall be made upon vouchers, therefor,
which
shall be filed with the department of personnel.
(7) (6) The banking board shall meet at least once in each calendar
month. The chairman CHAIR of the banking board may call additional
meetings of the banking board upon at least seventy-two hours' notice to all
members of the banking board and shall do so upon the request of two
members. All members of the banking board shall be
ARE subject to
immediate call in the event of an emergency. Four members of the banking
PAGE 14-SENATE BILL 22-013 board shall constitute CONSTITUTES a quorum, and action taken by a
majority of those present at any meeting at which a quorum is present shall
be IS the action of the banking board. Upon the affirmative vote of a
majority of those present at any meeting at which a quorum is present, one
or more members may be authorized to conduct any hearing required under
this code. In the event that less than a quorum of the banking board is
present during the conduct of the hearing, at least a quorum of the banking
board shall read the entire record before voting thereon. No member shall
participate in a proceeding before the banking board when any corporation,
partnership, or unincorporated association of which he or she
THE MEMBER
is, or was at any time in the preceding twelve months, a director, officer, partner, employee, member, or stockholder is a party to such proceedings. A member may disqualify himself or herself from participating in a proceeding for any other cause deemed by him or her
THE MEMBER to be
sufficient.
(8) (7) A quorum may be established by means of a conference
telephone call REMOTE PARTICIPATION, which shall MUST be recorded in the
banking board's minutes. Upon the affirmative vote of a majority of those
present at any meeting at which a quorum is present, the banking board may
hold an executive session to consider certain matters required by statute to
be kept confidential under this code. Any agenda and the minutes of
executive sessions shall be kept confidential by the banking board.
(9)
(8) The division shall provide such clerical, technical, and legal
assistance as the banking board may require.
(10) (9) The members of the banking board shall, before entering
upon the discharge of their duties, in addition to any oath required by the
state constitution, take and subscribe an oath to keep secret all information
acquired by them in the discharge of their duties, except as may be
otherwise required by law. Willful violation of this oath shall be a criminal
offense.
(11)
(10) The banking board shall elect a chairperson CHAIR from
among its members to serve for a term not exceeding two years, as
determined by the banking board. No chairperson shall be
CHAIR IS eligible
to serve as such for more than two successive terms. In addition to the
amounts received pursuant to subsection (6)
SUBSECTION (5) of this section,
the chairperson CHAIR shall receive per diem compensation and
PAGE 15-SENATE BILL 22-013 reimbursement of expenses in the amounts provided by section 12-20-103
(6) for each day spent in attending to the duties of the banking board.
(12) (11) The banking board may enter into contracts with
temporary employees and for the provision of such other services as it may
deem necessary in accordance with section 13 of article XII of the state
constitution.
(13)
(12) This section is repealed, effective September 1, 2024.
SECTION 11. In Colorado Revised Statutes, 12-10-703, amend
(1)(c) as follows:
12-10-703. Board of mortgage loan originators - creation -
compensation - enforcement of part after board creation - immunity.
(1) (c) Of the members of the board appointed for terms beginning on and
after August 11, 2010, two of the members appointed as mortgage loan
originators and one of the members appointed as a member of the public at
large shall be appointed for terms of two years, and one of the members
appointed as a mortgage loan originator and one of the members appointed
as a member of the public at large shall serve for terms of four years.
Thereafter, members of the board shall hold office for a term of four years.
THE TERM OF OFFICE FOR A MEMBER IS FOUR YEARS ; EXCEPT THAT THE
TERMS SHALL BE STAGGERED SO THAT NO MORE THAN THREE MEMBERS
'
TERMS EXPIRE IN THE SAME YEAR.
SECTION 12. In Colorado Revised Statutes, 12-150-104, amend
(1), (2), and (6) as follows:
12-150-104. Passenger tramway safety board - composition.
(1) (a) There is hereby
created a THE passenger tramway safety board,
WHICH CONSISTS of six appointive members APPOINTED BY THE GOVERNOR
and one member designated by the United States forest service.
(b) The appointive members shall be appointed by the governor
from persons representing MUST REPRESENT the following interests:
(I) Two members to represent the industry or area operators;
(II) Two members to represent the public at large;
PAGE 16-SENATE BILL 22-013 (III) One member who is a licensed professional engineer not
employed by a ski area or related industry; and
(IV) One member familiar with or experienced in the tramway
industry who may represent the passenger tramway manufacturing or design
industry or an area operator.
(c) No person shall
MAY be so appointed or designated except those
who, by reason of knowledge or experience, shall be ARE deemed to be
qualified. The knowledge or experience shall MUST be either from active
and relevant involvement in the design, manufacture, or operation of
passenger tramways or as a result of extensive and relevant involvement in
related activities.
(d) The governor, in making appointments, shall consider
recommendations made to him or her
THE GOVERNOR by the membership
of the particular interest from which the appointments are to be made.
(2) Each of the appointed members shall be appointed for a term of
four years and until a successor is appointed, and qualified, and no A board
member shall
NOT serve more than two consecutive four-year terms. A
former board member may be reappointed to the board after having vacated
the board for one four-year term. Vacancies on the board, for either an
unexpired term or for a new term, shall be filled through prompt
appointment by the governor. The member of the board designated by the
United States forest service shall serve for such period as the federal agency
shall determine and shall serve without compensation or reimbursement of
expenses.
(6) A majority of the board shall constitute
CONSTITUTES a quorum.
When necessary,
MEMBERS OF the board may PARTICIPATE REMOTELY TO
conduct business telephonically
during a public meeting for purposes of
obtaining a quorum, facilitating the participation of members in remote
locations, or both.
SECTION 13. In Colorado Revised Statutes, 12-155-104, amend
(2)(a) and (3)(a) as follows:
12-155-104. State plumbing board - subject to review - repeal of
article. (2) (a) (I) The board shall consist
CONSISTS of seven appointed
PAGE 17-SENATE BILL 22-013 members APPOINTED BY THE GOVERNOR , WITH THE POWER OF REMOVAL ,
AND WITH THE CONFIRMATION OF THE SENATE , as follows:
(A) One a journeyman plumber;
(B) One a master plumber;
(C) Two engaged in the construction of residential or commercial
buildings as plumbing contractors;
(D) One engaged in the construction of residential or commercial
buildings as a general contractor;
(E) One a member or employee of a local government agency
conducting plumbing inspections; and
(F) One appointed from the public at large.
(II) A representative of the department of public health and
environment shall serve as an ex officio nonvoting member.
(III) At least one member shall be a resident of the western slope of
the state, defined as that western part of the state separated from the eastern
part of the state by the continental divide.
(3) (a) The governor, with power of removal, shall appoint the
members of the board, subject to confirmation by the senate. Board
members are appointed for four-year terms. Any vacancy occurring in the
membership of the board shall be filled by the governor by appointment for
the unexpired term of the member.
SECTION 14. In Colorado Revised Statutes, 12-220-105, amend
(1)(b); and repeal (2) as follows:
12-220-105. Colorado dental board - qualifications of board
members - quorum - panel - rules - review of functions - repeal of
article. (1) (b) (I) The board consists of seven dentist members, three
dental hygienist members, and three members from the public at large. The
governor shall appoint each member for a term of four years, and each
member must have the qualifications provided in this article 220. No
A
PAGE 18-SENATE BILL 22-013 member shall NOT serve more than two consecutive terms of four years.
Each board member holds office until the member's term expires or until the
governor appoints a successor.
(II) A
PERSON IS QUALIFIED TO BE APPOINTED TO THE BOARD IF THE
PERSON
:
(A) I
S A LEGAL RESIDENT OF COLORADO;
(B) I
S CURRENTLY LICENSED AS A DENTIST OR DENTAL HYGIENIST ,
IF FULFILLING THAT POSITION ON THE BOARD; AND
(C) HAS BEEN ACTIVELY ENGAGED IN A CLINICAL PRACTICE IN THIS
STATE FOR AT LEAST FIVE YEARS IMMEDIATELY PRECEDING THE
APPOINTMENT
, IF FULFILLING THE POSITION OF DENTIST OR DENTAL
HYGIENIST ON THE BOARD
.
(2) A person is qualified to be appointed to the board if the person:
(a) Is a legal resident of Colorado;
(b) Is currently licensed as a dentist or dental hygienist, if fulfilling
that position on the board; and
(c) Has been actively engaged in a clinical practice in this state for
at least five years immediately preceding the appointment, if fulfilling the
position of dentist or dental hygienist on the board.
SECTION 15. In Colorado Revised Statutes, 12-240-105, amend
(1)(a) introductory portion, (1)(a)(I), (1)(b), and (2) as follows:
12-240-105. Colorado medical board - immunity - subject to
review - repeal of article. (1) (a) There is hereby created the Colorado
medical board, referred to in this article 240 as the "board". The board shall
consist CONSISTS of seventeen members appointed by the governor and
possessing the qualifications specified in this article 240 and as follows:
(I) Eleven physician members,
INCLUDING EIGHT MEMBERS HAVING
THE DEGREE OF DOCTOR OF MEDICINE AND THREE MEMBERS HAVING THE
DEGREE OF DOCTOR OF OSTEOPATHY
;
PAGE 19-SENATE BILL 22-013 (b) The terms of the members of the board are four years; For the
two physician and one physician assistant appointees added to the board
during the calendar year beginning January 1, 2010, the term for one of the
physician member appointees expires four years after the appointment; the
term for the other physician member appointee expires three years after the
appointment; and the term for the physician assistant appointee expires two
years after the appointment. The term of the physician assistant appointee
added to the board during the calendar year beginning January 1, 2019,
expires two years after the appointment. Thereafter, the terms of the
members of the board are four years EXCEPT THAT THE TERMS OF APPOINTED
MEMBERS SHALL BE STAGGERED SO THAT NO MORE T HAN NINE MEMBERS
'
TERMS EXPIRE IN THE SAME YEAR.
(2) The board must include at all times eight members having thedegree of doctor of medicine, three members having the degree of doctor
of osteopathy, and two physician assistants, all of whom have been THE
MEMBERS APPOINTED PURSUANT TO SUBSECTIONS
(1)(a)(I) AND (1)(a)(II) OF
THIS SECTION MUST BE
licensed in good standing and HAVE BEEN actively
engaged in the practice of their professions in this state for at least three
years next preceding their appointments. and four members of the public at
large.
SECTION 16. In Colorado Revised Statutes, 12-245-302, amend
(4); and repeal (5) as follows:
12-245-302. State board of psychologist examiners - created -
members - terms. (4) The governor may remove any board member for
misconduct, incompetence, or neglect of duty. after giving the board
member a written statement of the charges and an opportunity to be heard
thereon. Actions constituting neglect of duty shall include, but not be
limited to, the failure of board members to attend three consecutive
meetings or at least three quarters of the total meetings in any calendar year.
(5) Each board member shall receive a certificate of appointment
from the governor.
SECTION 17. In Colorado Revised Statutes, 12-245-402, amend
(1) and (3); and repeal (5) as follows:
12-245-402. State board of social work examiners - created -
PAGE 20-SENATE BILL 22-013 members - terms. (1) There is hereby created under the supervision and
control of the division the state board of social work examiners, which
consists of seven members who are residents of the state of Colorado
AND
WHO ARE APPOINTED BY THE GOVERNOR
.
(3) (a)
Each board member shall hold office until the expiration of
the member's appointed term or until a successor is duly appointed. Except
as specified in subsection (3)(b) of this section, The term of each member
shall be IS four years; and no EXCEPT THAT THE TERMS SHALL BE
STAGGERED SO THAT NO MORE THAN FOUR MEMBERS
' TERMS EXPIRE IN THE
SAME YEAR
. A board member shall NOT serve more than two full
consecutive terms. Any vacancy occurring in board membership other than
by expiration of a term shall be filled by the governor by appointment for
the remainder of the unexpired term of the member.
(b) The terms of office of the members on the board are modified
as follows in order to ensure staggered terms of office:
(I) The second term of office of one of the two licensed clinical
social worker board members who, as of July 25, 2010, would have served
two four-year terms shall expire on June 30, 2008, and the governor shall
appoint a new licensed clinical social worker to serve terms as described in
subsection (3)(a) of this section commencing on July 1, 2008.
(II) The initial term of office of one of the board members
representing the general public whose initial term would otherwise expire
on July 25, 2010, expires on June 30, 2008, and the board member is
eligible to serve one additional four-year term commencing on July 1, 2008,
and expiring on June 30, 2012. On and after the expiration of this board
member's term or a vacancy in this position, the governor shall appoint a
licensed clinical social worker to this position on the board, who is eligible
to serve terms as described in subsection (3)(a) of this section commencing
on July 1 of the applicable year.
(III) The term of office of the one member representing the general
public who, as of July 25, 2009, would have served one full four-year term
and one partial four-year term shall expire on June 30, 2009, and the
member shall be eligible to serve one additional four-year term
commencing on July 1, 2009, and expiring on June 30, 2013. On and after
the expiration of this board member's term, persons appointed to this
PAGE 21-SENATE BILL 22-013 position on the board shall serve terms as described in subsection (3)(a) of
this section commencing on July 1 of the applicable year.
(IV) The term of office of the one licensed clinical social worker
board member who, as of July 25, 2010, would have served one full
four-year term and one partial four-year term shall expire on June 30, 2009,
and the board member shall be eligible to serve one additional four-year
term commencing on July 1, 2009, and expiring on June 30, 2013. On and
after the expiration of this board member's term, persons appointed to this
position on the board shall serve terms as described in subsection (3)(a) of
this section commencing on July 1 of the applicable year.
(V) The initial terms of office of the one remaining licensed clinical
social worker board member and the two remaining board members
representing the general public whose initial terms would otherwise expire
on July 25, 2010, shall expire on June 30, 2010, and each of these board
members shall be eligible to serve one additional four-year term,
commencing on July 1, 2010, and expiring on June 30, 2014. On and after
the expiration of these board members' terms, persons appointed to these
positions on the board shall serve terms as described in subsection (3)(a) of
this section commencing on July 1 of the applicable year.
(5) Each board member shall receive a certificate of appointment
from the governor.
SECTION 18. In Colorado Revised Statutes, 12-245-502, amend
(3); and repeal (5) as follows:
12-245-502. State board of marriage and family therapist
examiners - created - members - terms. (3) (a) Each board member shall
hold office until the expiration of his or her THE MEMBER'S appointed term
or until a successor is duly appointed. Except as specified in subsection
(3)(b) of this section, Members shall serve terms of four years; and no
EXCEPT THAT THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN
FOUR MEMBERS
' TERMS EXPIRE IN THE SAME YEAR. A member shall NOT
serve more than two full consecutive terms. When the term of each boardmember expires, the governor shall appoint his or her successor for a term
of four years. Any vacancy occurring in the board membership other than
by the expiration of a term shall be filled by the governor by appointment
for the remainder of the unexpired term of the member.
PAGE 22-SENATE BILL 22-013 (b) The terms of office of the members on the board are modified
as follows in order to ensure staggered terms of office:
(I) The second term of office of one of the board members
representing the general public whose second term would otherwise expire
on August 12, 2010, shall expire on July 31, 2008. On and after the
expiration of this board member's term, persons appointed to this position
on the board shall serve terms as described in subsection (3)(a) of this
section commencing on August 1 of the applicable year.
(II) The initial term of office of one of the marriage and family
therapist board members whose initial term would otherwise expire on
August 12, 2010, shall expire on July 31, 2008, and the board member shall
be eligible to serve one additional four-year term commencing on August
1, 2008, and expiring on July 31, 2012. On and after the expiration of this
board member's term, persons appointed to this position on the board shall
serve terms as described in subsection (3)(a) of this section commencing on
August 1 of the applicable year.
(III) The term of office of the one board member representing the
general public who, as of August 12, 2009, would have served one full
four-year term and one partial four-year term expires on July 31, 2009. This
board member is eligible to serve one additional four-year term
commencing on August 1, 2009, and expiring on July 31, 2013. On and
after the expiration of this board member's term or a vacancy in this
position, the governor shall appoint a marriage and family therapist to this
position on the board, who is eligible to serve terms as described in
subsection (3)(a) of this section commencing on August 1 of the applicable
year.
(IV) The initial term of office of one of the marriage and family
therapist board members whose initial term would otherwise expire on
August 12, 2010, shall expire on July 31, 2009, and the board member shall
be eligible to serve one additional four-year term commencing August 1,
2009, and expiring on July 31, 2013. On and after the expiration of this
board member's term, persons appointed to this position on the board shall
serve terms as described in subsection (3)(a) of this section commencing on
August 1 of the applicable year.
(V) The initial term of office of one of the marriage and family
PAGE 23-SENATE BILL 22-013 therapist board members whose initial term of office would otherwise
expire on August 12, 2010, shall expire on July 31, 2010, and the board
member shall be eligible to serve one additional four-year term
commencing on August 1, 2010, and expiring on July 31, 2014. On and
after the expiration of this board member's term, persons appointed to this
position on the board shall serve terms as described in subsection (3)(a) of
this section commencing on August 1 of the applicable year.
(VI) The second term of office of one of the board members
representing the general public whose second term would otherwise expire
on August 12, 2010, shall expire on July 31, 2010, and the governor shall
appoint one new representative of the general public to serve terms as
described in subsection (3)(a) of this section commencing on August 1,
2010.
(VII) The term of office of the one board member representing the
general public who, as of August 12, 2010, would have served one full
four-year term and one partial four-year term shall expire on July 31, 2010.
This board member shall be eligible to serve one additional four-year term
commencing on August 1, 2010, and expiring on July 31, 2014. On and
after the expiration of this board member's term, persons appointed to this
position on the board shall serve terms as described in subsection (3)(a) of
this section commencing on August 1 of the applicable year.
(5) Each board member shall receive a certificate of appointment
from the governor.
SECTION 19. In Colorado Revised Statutes, 12-245-602, amend
(3); and repeal (5) as follows:
12-245-602. State board of licensed professional counselor
examiners - created - members - fines. (3) (a) Each member shall hold
office until the expiration of his or her THE MEMBER'S appointed term or
until a successor is duly appointed. Except as specified in subsection (3)(b)
of this section, Members shall serve terms of four years; and no EXCEPT
THAT THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN FOUR
MEMBERS
' TERMS EXPIRE IN THE SAME YEAR. A member shall NOT serve
more than two full consecutive terms. When the term of each board member
expires, the governor shall appoint his or her successor for a term of four
years. Any vacancy occurring in the board membership other than by the
PAGE 24-SENATE BILL 22-013 expiration of a term shall be filled by the governor by appointment for the
unexpired term of the member.
(b) The terms of office of the members on the board are modified
as follows in order to ensure staggered terms of office:
(I) The terms of office of the one licensed professional counselor
board member and one of the board members representing the general
public who, as of September 12, 2010, would have served one full four-year
term and one partial four-year term shall expire on August 31, 2008. Each
of these board members shall be eligible to serve one additional four-year
term, commencing on September 1, 2008, and expiring on August 31, 2012.
On and after the expiration of these board members' terms, persons
appointed to these positions on the board shall serve terms as described in
subsection (3)(a) of this section commencing on September 1 of the
applicable year.
(II) The term of office of the one board member representing the
public whose initial term would otherwise expire on September 12, 2009,
expires on August 31, 2009, and the board member is eligible to serve one
additional four-year term, commencing on September 1, 2009, and expiring
on August 31, 2013. On and after the expiration of this board member's
term or a vacancy in this position, the governor shall appoint a licensed
professional counselor to this position on the board, who is eligible to serve
terms as described in subsection (3)(a) of this section commencing on
September 1 of the applicable year.
(III) The initial term of office of one of the two licensed
professional counselor board members whose initial term of office would
otherwise expire on September 12, 2010, shall expire on August 31, 2009.
This board member shall be eligible to serve one additional four-year term
commencing on September 1, 2009, and expiring on August 31, 2013. On
and after the expiration of this board member's term, persons appointed to
this position on the board shall serve terms as described in subsection (3)(a)
of this section commencing on September 1 of the applicable year.
(IV) The initial terms of office of the two remaining board members
representing the general public and the one remaining licensed professional
counselor whose initial terms would otherwise expire on September 12,
2010, shall expire on August 31, 2010. Each of these board members shall
PAGE 25-SENATE BILL 22-013 be eligible to serve one additional four-year term commencing on
September 1, 2010, and expiring on August 31, 2014. On and after the
expiration of these board members' terms, persons appointed to these
positions on the board shall serve terms as described in subsection (3)(a) of
this section commencing on September 1 of the applicable year.
(5) Each board member shall receive a certificate of appointment
from the governor.
SECTION 20. In Colorado Revised Statutes, 12-245-702, amend
(2); repeal (5)(b); and add (2.5) as follows:
12-245-702. State board of unlicensed psychotherapists -
creation - membership. (2) Three TWO members of the board shall be
appointed by the governor from the general public who are not regulated by
this article 245 with a good-faith effort to achieve broad-based geographical
representation. The members are eligible to serve terms of four years. A
member must not have any direct involvement or interest in the provision
of psychotherapy; except that a member may be or may have been a
consumer of psychotherapy services.
(2.5) T
HE GOVERNOR SHALL APPOINT ONE MEMBER WHO IS A
REGULATED PSYCHOTHERAPIST TO THE BOARD
. THE MEMBER IS ELIGIBLE TO
SERVE TERMS AS DESCRIBED IN SUBSECTIONS
(3) AND (4) OF THIS SECTION.
(5) (b) For purposes of appointments to the board made on or after
July 1, 2011, upon the occurrence of a vacancy in a position held by a
member representing the public or upon the expiration of the second term
of office of a member representing the public, whichever occurs first, the
governor shall appoint a regulated psychotherapist to that position on the
board, who is eligible to serve terms as described in subsections (3) and (4)
of this section.
SECTION 21. In Colorado Revised Statutes, 12-245-802, amend
(3) as follows:
12-245-802. State board of addiction counselor examiners -
created - members - terms. (3) (a) Each board member shall hold office
until the expiration of the member's appointed term or until a successor is
duly appointed. Except as specified in subsection (3)(b) of this section,
The
PAGE 26-SENATE BILL 22-013 term of each member is four years; and EXCEPT THAT THE TERMS SHALL BE
STAGGERED SO THAT NO MORE THAN FOUR MEMBERS
' TERMS EXPIRE IN THE
SAME YEAR
. A board member shall not serve more than two full consecutive
terms. The governor shall fill a vacancy occurring in board membership,
other than by expiration of a term, by appointment for the unexpired term
of the member.
(b) The initial terms of office of the members appointed to the board
as of January 1, 2012, are modified as follows in order to ensure staggered
terms of office:
(I) The initial term of office of one of the board members
representing the general public, whose initial term would otherwise expire
on December 31, 2015, expires on December 31, 2013, and this board
member is eligible to serve one additional four-year term commencing on
January 1, 2014, and expiring on December 31, 2017. On and after the
expiration of the board member's term, the term of a person appointed to
this member's position on the board is as described in subsection (3)(a) of
this section commencing on January 1 of the applicable year.
(II) The initial terms of office of two of the licensed or certified
addiction counselor board members, whose initial terms would otherwise
expire on December 31, 2015, expire on December 31, 2013. These board
members are eligible to serve one additional four-year term, commencing
on January 1, 2014, and expiring on December 31, 2017. On and after the
expiration of these board members' terms, the terms of persons appointed
to the members' positions on the board are as described in subsection (3)(a)
of this section commencing on January 1 of the applicable year.
SECTION 22. In Colorado Revised Statutes, 12-255-105, amend
(1)(d)(I) as follows:
12-255-105. State board of nursing created - removal of board
members - meetings of board. (1) (d) (I) Each member of the board shall
be appointed for a term of three years; except that members appointed to the
board for a first or second term on or after July 1, 2009, shall be appointed
for a term of four years.
SECTION 23. In Colorado Revised Statutes, 13-1-203, amend (1)
and (3) as follows:
PAGE 27-SENATE BILL 22-013 13-1-203. Court security cash fund commission - creation -
membership. (1) There is hereby created in the judicial department the
court security cash fund commission to evaluate grant applications received
pursuant to this part 2 and make recommendations to the state court
administrator for awarding grants from the court security cash fund. The
commission shall be appointed no later than July 1, 2007.
(3) The term of office of each member of the commission shall be
IS three years; except that of those members first appointed, one member
representing each entity shall be appointed for a one-year term and one
member representing each entity shall be appointed for a two-year term THE
TERMS SHALL BE STAGGERED SO THAT NO MORE THAN FOUR MEMBERS
'
TERMS EXPIRE IN THE SAME YEAR . A vacancy shall be filled by the
respective appointing authority for the unexpired term only.
SECTION 24. In Colorado Revised Statutes, 14-10-115, amend
(16)(c) as follows:
14-10-115. Child support guidelines - purpose - determination
of income - schedule of basic child support obligations - adjustments to
basic child support - additional guidelines - child support commission
- definitions. (16) Child support commission. (c) (I) The child support
commission consists of no more than twenty-one members.
(II) The governor shall appoint
UP TO NINETEEN persons to the
commission, who are
MUST INCLUDE:
(A) Representatives of the judiciary and the Colorado bar
association;
(B) Members of the commission appointed by the governor must
also include The director of the division in the state department of human
services who is responsible for child support enforcement, or his or her THE
DIRECTOR
'S designee;
(C) A director of a county department of human or social services;
(D) The child support liaison to the judicial department;
(E) Interested parties;
PAGE 28-SENATE BILL 22-013 (F) A certified public accountant; and
(G) Parent representatives. In making his or her appointments to the
commission, the governor may appoint persons as parent representatives.
(III) In making his or her appointments to the commission, the
governor shall attempt to assure geographical diversity.
(IV) The remaining two members of the commission are a member
of the house of representatives appointed by the speaker of the house of
representatives and a member of the senate appointed by the president of the
senate and must not be members of the same political party.
SECTION 25. In Colorado Revised Statutes, 16-9-701, amend
(1)(a) as follows:
16-9-701. Discovery project steering committee. (1) (a) There
shall be a
IS CREATED THE discovery project steering committee convened
to assist in developing a request for proposal application and selection
process to choose a vendor to develop a statewide discovery sharing system.
The steering committee consists of:
(I) The attorney general or his or her
THE ATTORNEY GENERAL 'S
designee, who shall serve as the chair of the steering committee;
(II) The state court administrator or his or her THE STATE COURT
ADMINISTRATOR
'S designee, who shall serve as the vice-chair of the steering
committee;
(III) The state public defender or his or her
THE STATE PUBLIC
DEFENDER
'S designee;
(IV) A representative of the criminal defense bar appointed by the
chief justice;
(V) A
DISTRICT COURT JUDGE APPOINTED BY THE CHIEF JUSTICE ;
(V)
(VI) Three district attorneys appointed by the governor, one
representing an urban judicial district, one representing a mid-sized district,
and one representing a rural district;
PAGE 29-SENATE BILL 22-013 (VI) (VII) A county sheriff appointed by the governor;
(VII) The alternate defense counsel or his or her designee;
(VIII) A chief of police appointed by the governor; and (IX) A district court judge appointed by the chief justice.
THE
ALTERNATE DEFENSE COUNSEL OR THE ALTERNATE DEFENSE COUNSEL
'S
DESIGNEE
.
SECTION 26. In Colorado Revised Statutes, 16-11.3-102, amend
(3)(a) and (3)(b) as follows:
16-11.3-102. Colorado commission on criminal and juvenile
justice - creation - membership - operation. (3) (a) The appointed
members of the commission shall serve terms of three years; except that the
members first appointed pursuant to sub-subparagraphs (D) to (I) of
subparagraph (XI) of paragraph (a) of subsection (2) of this section shall
each serve a two-year term THE TERMS SHALL BE STAGGERED SO THAT NO
MORE THAN TWELVE MEMBERS
' TERMS EXPIRE IN THE SAME YEAR . The
members appointed after the initial two-year terms shall serve three-year
terms.
(b) Each appointing authority shall appoint the initial appointed
members of the commission within sixty days after May 23, 2007. The
governor shall appoint the commission members described in subsection
(2)(a)(XI)(I), (2)(a)(XI)(J), (2)(a)(XI)(K), and (2)(a)(XI)(L) of this section
on or before July 1, 2018. An appointed member shall not serve more than
two consecutive full terms, in addition to any partial term. In the event of
a vacancy in an appointed position by death, resignation, removal for
misconduct, incompetence, neglect of duty, or otherwise, the appointing
authority shall appoint a member to fill the position for the remainder of the
unexpired term.
SECTION 27. In Colorado Revised Statutes, 17-2-201, amend
(1)(a) and (1)(c.2); and repeal (1)(b) and (1)(c) as follows:
17-2-201. State board of parole - duties - definitions - repeal.
(1) (a) There is hereby
created a THE state board of parole, referred to in
this part 2 as the "board", which consists of nine members. The members of
PAGE 30-SENATE BILL 22-013 the board are appointed by the governor and confirmed by the senate, and
they shall devote their full time to their duties as members of the board. The
members are appointed for three-year terms; and may
EXCEPT THAT THE
TERMS SHALL BE STAGGERED SO THAT NO MORE THAN THREE MEMBERS
'
TERMS EXPIRE IN THE SAME YEAR. A MEMBER MAY serve consecutive terms.
The governor may remove a board member for incompetency, neglect of
duty, malfeasance in office, continued failure to use the risk assessment
guidelines as required by section 17-22.5-404, or failure to regularly attend
meetings as determined by the governor. Final conviction of a felony during
the term of office of a board member automatically disqualifies the member
from further service on the board. The board is composed of representatives
from multidisciplinary areas of expertise. Two members must have
experience in law enforcement, and one member must have experience in
offender supervision, including parole, probation, or community
corrections. Six members must have experience in other relevant fields.
Each member of the board must have a minimum of five years of
experience in a relevant field and knowledge of parole laws and guidelines,
rehabilitation, correctional administration, the functioning of the criminal
justice system, issues associated with victims of crime, the duties of board
members, and actuarial risk assessment instruments and other offender
assessment instruments used by the board and the department of corrections.
A person who has been convicted of a felony or of a misdemeanor
involving moral turpitude or who has any financial interests that conflict
with the duties of a member of the board is ineligible for appointment.
(b) The parole board in existence prior to July 1, 1987, is abolished
on July 1, 1987. The governor shall appoint a new parole board pursuant to
this section, two members of which shall be appointed for terms of three
years, two members of which shall be appointed for terms of two years, and
one member of which shall be appointed for a term of one year. Thereafter,
members shall be appointed for terms of three years. If a member is
appointed during a period of time in which the general assembly is not in
session, that member shall serve on a temporary basis until the general
assembly next convenes.
(c) The parole board in existence prior to July 1, 1990, shall be
expanded to seven members on July 1, 1990. The governor shall appoint an
additional law enforcement representative and an additional citizen
representative to the board, one for a term of two years to expire on July 1,
1992, and one for a term of three years to expire on July 30, 1993.
PAGE 31-SENATE BILL 22-013 Thereafter, such members shall be appointed for terms of three years.
(c.2) (I) The parole board in existence prior to July 1, 2019, is
expanded to nine members on July 1, 2019. The governor shall appoint one
additional member to the board for a term of two years, to expire on July 30,
2021. The governor shall appoint one additional member to the board for
a term of three years, to expire on July 30, 2022. Thereafter, the governor
shall appoint each such member for a term of three years.
(II) T
HIS SUBSECTION (1)(c.2) IS REPEALED, EFFECTIVE DECEMBER
31, 2022.
SECTION 28. In Colorado Revised Statutes, 17-24-104, amend
(2)(a) introductory portion, (2)(a)(VIII), and (2)(b) as follows:
17-24-104. Creation of division of correctional industries and
advisory committee - enterprise status of division - duties of committee
- sunset review of committee - rules. (2) (a) There is hereby
created the
correctional industries advisory committee, which shall consist CONSISTS of:
(VIII) A county sheriff,
WHO SHALL BE appointed by the governor
FOR A TERM OF THREE YEARS.
(b) Each member shall hold
HOLDS office for his or her UNTIL THE
MEMBER
'S term EXPIRES and until his or her
A successor is appointed. and
qualified. Any member shall be IS eligible for reappointment, but he or she
shall not be eligible to serve more than two consecutive full terms. Except
as otherwise provided in section 2-2-326, C.R.S., members of the advisory
committee shall receive no SERVE WITHOUT compensation for such services
but may be reimbursed for their necessary expenses while serving as
members of the board. Any vacancy shall be filled in the same manner as
for an original appointment and shall be for the unexpired term. The
chairman
CHAIR shall be elected by the voting members of the advisory
committee from among the appointed members of the general assembly.
SECTION 29. In Colorado Revised Statutes, 18-3-505, amend (2)
and (4) introductory portion as follows:
18-3-505. Human trafficking council - created - duties - repeal.
(2) Each appointing authority described in subsection (1) of this section
PAGE 32-SENATE BILL 22-013 shall make his or her appointments to the council on or before August 1,
2014. The term of a council member serving as of May 20, 2019, or any
council member appointed after May 20, 2019, will expire EXPIRES on
December 31 of the year the term is set to expire. The succeeding
appointee's term will commence
COMMENCES on the January 1 following
the expiration of the preceding term. The members of the council shall elect
presiding officers for the council, including a chair and vice-chair, from
among the council members appointed pursuant to subsection (1) of this
section, which presiding officers shall serve terms of two years. Council
members may reelect a presiding officer.
(4) The council shall hold its first meeting on or before November
1, 2014, at a time and place to be designated by the executive director of the
department of public safety, or by his or her designee. The council shall
meet at least four times each year and shall carry out the following duties:
SECTION 30. In Colorado Revised Statutes, 18-18.5-103, amend
(2) introductory portion and (3); and repeal (2)(a.5) as follows:
18-18.5-103. State substance abuse trend and response task force
- creation - membership - duties - report. (2) The task force shall consist
CONSISTS of the following members:
(a.5) The terms of the members appointed by the speaker of the
house of representatives and the president of the senate and who are serving
on March 22, 2007, shall be extended to and expire on or shall terminate on
the convening date of the first regular session of the sixty-seventh general
assembly. As soon as practicable after such convening date, the speaker and
the president shall each appoint or reappoint one member in the same
manner as provided in subparagraphs (II) and (III) of paragraph (a) of this
subsection (2). Thereafter, the terms of members appointed or reappointed
by the speaker and the president shall expire on the convening date of the
first regular session of each general assembly, and all subsequent
appointments and reappointments by the speaker and the president shall be
made as soon as practicable after such convening date. The person making
the original appointment or reappointment shall fill any vacancy by
appointment for the remainder of an unexpired term. Members appointed
or reappointed by the speaker and the president shall serve at the pleasure
of the appointing authority and shall continue in office until the member's
successor is appointed.
PAGE 33-SENATE BILL 22-013 (3) (a) A vacancy occurring in a position shall be filled as soon as
possible by the appropriate appointing authority designated in subsection (2)
of this section.
(b) T
HE TERMS OF MEMBERS APPOINTED OR REAPPOINTED BY THE
SPEAKER AND THE PRESIDENT EXPIRE ON THE CONVENING DATE OF THE FIRST
REGULAR SESSION OF EACH GENERAL ASSEMBLY
, AND ALL SUBSEQUENT
APPOINTMENTS AND REAPPOINTMENTS BY THE SPEAKER AND THE PRESIDENT
SHALL BE MADE AS SOON AS PRACTICABLE AFTER THE CONVENING DATE
.
T
HE PERSON MAKING THE ORIGINAL APPOINTMENT OR REAPPOINTMENT
SHALL FILL ANY VACANCY BY APPOINTMENT FOR THE REMAINDER OF AN
UNEXPIRED TERM
. MEMBERS APPOINTED OR REAPPOINTED BY THE SPEAKER
AND THE PRESIDENT SERVE AT THE PLEASURE OF THE APPOINTING
AUTHORITY AND CONTINUE IN OFFICE UNTIL THE MEMBER
'S SUCCESSOR IS
APPOINTED
.
SECTION 31. In Colorado Revised Statutes, 19-2.5-1201, amend
(1), (2) introductory portion, and (5) as follows:
19-2.5-1201. Juvenile parole board - creation - membership -
authority - rules. (1) There is created a juvenile parole board, referred to
in this part 12 as the "board". The board consists of nine members appointed
by the governor and confirmed by the senate. M
EMBERS ARE APPOINTED FOR
TERMS OF THREE YEARS
; EXCEPT THAT THE TERMS SHALL BE STAGGERED SO
THAT ONE
-THIRD OF THE MEMBERSHIP OF THE BOARD BECOMES VACANT
EACH YEAR
. THERE ARE NO TERM LIMITS FOR THE MEMBERS OF THE BOARD .
Any vacancy that occurs when the general assembly is not in session may
be filled by the governor, and such member serves temporarily until
confirmed at the next regular session of the general assembly.
(2) All nine members are voting members. A
LL MEMBERS MUST BE
RESIDENTS OF THE STATE OF
COLORADO. Of the nine members:
(5) All members of the board are reimbursed for expenses
necessarily incurred in the performance of their duties. In addition to the
reimbursement of expenses, the five citizen
AT-LARGE board members shall
receive a per diem of one hundred fifty dollars per full day and seventy-five
dollars per half day spent transacting official business of the board.
SECTION 32. In Colorado Revised Statutes, 19-3.3-102, amend
PAGE 34-SENATE BILL 22-013 (1)(a), (2)(a), (2)(b) introductory portion, (2)(c), and (3)(a)(I) as follows:
19-3.3-102. Office of the child protection ombudsman
established - child protection ombudsman advisory board -
qualifications of ombudsman - duties. (1) (a) On or before January 1,
2016, The independent office of the child protection ombudsman, referred
to in this article ARTICLE 3.3 as the "office", is established in the judicial
department as an independent agency for the purpose of ensuring the
greatest protections for the children of Colorado.
(2) (a) There is established an independent, nonpartisan child
protection ombudsman board, referred to in this article
ARTICLE 3.3 as the
"board". The membership of the board must not exceed CONSISTS OF twelve
members and, to the extent practicable, must include persons from
throughout the state and persons with disabilities and must reflect the ethnic
diversity of the state. All members must have child welfare policy or system
expertise or experience.
(b) The board members must be appointed on or before August 1,
2015, as follows:
(c) Board members shall serve for terms of four years; except that
of the members first appointed, two members appointed pursuant to
subparagraphs (I), (II), and (III) of paragraph (b) of this subsection (2) and
one member appointed pursuant to subparagraph (IV) of paragraph (b) of
this subsection (2), as designated by the appointing officials, shall serve
initial terms of two years THE TERMS SHALL BE STAGGERED SO THAT NO
MORE THAN SIX MEMBERS
' TERMS EXPIRE IN THE SAME YEAR. The appointing
officials shall fill any vacancies on the board for the remainder of any
unexpired term.
(3) The board has the following duties and responsibilities:
(a) To oversee the following personnel decisions related to the
ombudsman:
(I) On or before December 1, 2015, and as necessary thereafter,
appointing TO APPOINT a person to serve as the child protection ombudsman
and director of the office, referred to in this article ARTICLE 3.3 as the
"ombudsman". The ombudsman appointed by the board on or before
PAGE 35-SENATE BILL 22-013 December 1, 2015, shall assume his or her position on the effective date of
the memorandum of understanding between the judicial department and the
office. The board may also discharge an acting ombudsman for cause. A
two-thirds majority vote is required to hire or discharge the ombudsman.
The general assembly shall set the ombudsman's compensation, and such
compensation may not be reduced during the term of the ombudsman's
appointment.
SECTION 33. In Colorado Revised Statutes, 22-2-105, amend (1)
and (3.5) as follows:
22-2-105. State board of education - composition. (1) The state
board of education shall consist
CONSISTS of one member elected from each
congressional district in the state and, if the total number of congressional
districts of the state is an even number, one member elected from the state
at large. The members of the state board of education serving on April 30,
1982, shall continue to serve the terms for which they were elected. At the
general election held in 1982, one member shall be elected from the second
congressional district for a six-year term, one member shall be elected from
the fourth congressional district for a six-year term, one member shall be
elected from the fifth congressional district for a four-year term, and one
member shall be elected from the state at large for a six-year term, all such
terms commencing on the second Tuesday in January 1983. At the general
election held in 1984, one member shall be elected from the first
congressional district for a six-year term, and one member shall be elected
from the third congressional district for a six-year term, all such terms
commencing on the second Tuesday in January 1985. At the general
election held in 1986, one member shall be elected from the fifth
congressional district for a six-year term, and one member shall be elected
from the sixth congressional district for a six-year term, all such terms
commencing on the second Tuesday in January 1987. At the general
election held in 2002, one member shall be elected from the seventh
congressional district for a six-year term commencing on the second
Tuesday in January 2003. A
T THE GENERAL ELECTION HELD IN 2022, ONE
MEMBER SHALL BE ELECTED FROM THE EIGHTH CONGRESSIONAL DISTRICT
FOR A TWO
-YEAR TERM, AND ONE MEMBER SHALL BE ELECTED FROM THE
STATE AT LARGE FOR A SIX
-YEAR TERM, BOTH TERMS COMMENCING ON THE
SECOND
TUESDAY IN JANUARY 2023.
(3.5) Any member of the state board who was elected to office as a
PAGE 36-SENATE BILL 22-013 resident of a designated congressional district, and who no longer resides
in such congressional district solely because of a change made to the
boundaries of such district subsequent to the 2000 federal decennial census
PURSUANT TO SECTIONS 44 TO 44.6 OF ARTICLE V OF THE STATE
CONSTITUTION
, is eligible to hold office for the remainder of the term for
which the member was elected, notwithstanding such nonresidency.
SECTION 34. In Colorado Revised Statutes, 22-30.5-505, amend
(2)(a) introductory portion, (2)(b), and (2)(d) as follows:
22-30.5-505. State charter school institute - institute board -
appointment - powers and duties - rules. (2) (a) The institute board shallconsist CONSISTS of nine members, no more than five of whom are members
of the same political party. Seven of the members shall be appointed by the
governor, with the consent of the senate, and two of the members shall be
appointed by the commissioner. In making the appointments, the governor
and the commissioner shall ensure the institute board reflects the
geographic diversity of the state In making appointments on and after
August 5, 2009, the governor and the commissioner AND shall ensure that
at least one member of the institute board is a parent of a student who is, or
who has been, enrolled in an institute charter school. Members appointed
to the institute board shall have experience in at least one of the following
areas:
(b) The members of the institute board shall serve terms of three
years; except that of the members first appointed by the governor, two
members shall serve a term of three years, three members shall serve a term
of two years, and two members shall serve a term of one year; and of the
members first appointed by the commissioner, one member shall serve a
term of three years and one member shall serve a term of one year no THE
TERMS SHALL BE STAGGERED SO THAT NO MORE THAN THREE MEMBERS
'
TERMS EXPIRE IN THE SAME YEAR. A member shall NOT serve more than six
consecutive years. The governor and the commissioner shall make the initialappointments no later than thirty days after July 1, 2004.
(d) For any board member appointed on or after May 22, 2008,
During his or her A MEMBER'S term of office, a member of the institute
board shall not be a member of the general assembly; an officer, employee,
or board member of a school district; a member of the state board; or an
employee of the institute board or the department of education.
PAGE 37-SENATE BILL 22-013 SECTION 35. In Colorado Revised Statutes, 22-43.7-106, amend
(1)(b) as follows:
22-43.7-106. Public school capital construction assistance board
- creation - general powers and duties - rules. (1) (b) Members of the
board shall serve for terms of two years and may serve up to three
consecutive terms; except that the initial terms of one of the members
appointed by the state board, one of the members appointed by the
governor, and the members appointed by the president of the senate and the
minority leaders of the house of representatives and the senate shall be one
year THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN FIVE
MEMBERS
' TERMS EXPIRE IN THE SAME YEAR. The appointing authority for
a member may remove the member for any cause that renders the member
incapable of discharging or unfit to discharge the member's duties. The
appropriate appointing authority shall fill any vacancy in the membership
of the board by appointment, and a member appointed to fill a vacancy shall
serve until the expiration of the term for which the vacancy was filled.
Members of the board shall
serve without compensation but shall receive
ARE ENTITLED TO reimbursement for travel and other necessary expenses
actually incurred in the performance of their duties. The board shall elect
a chair at its initial meeting
FROM AMONG ITS MEMBERS .
SECTION 36. In Colorado Revised Statutes, 22-80-103, amend (1)
as follows:
22-80-103. Board of trustees - appointments - powers - duties -
fund created. (1) (a) There is hereby created by a type 1 transfer in the
department of education a board of trustees for the Colorado school for the
deaf and the blind. The board of trustees shall consist
CONSISTS of seven
members who are residents of Colorado, appointed by the governor with the
consent of the senate. Of these seven members, at least one appointee shall
MUST be a blind person WHO IS BLIND and at least one appointee shall MUST
be a deaf person Beginning with the first appointment made on or after
August 5, 2009, WHO IS DEAF. The governor shall ensure that, of the seven
members of the board of trustees, at least one appointee is the parent of a
child who is deaf or blind or both.
(b) In making appointments pursuant to paragraph (a) of this
subsection (1) SUBSECTION (1)(a) OF THIS SECTION, the governor shall give
due consideration to establishing and maintaining a geographical and urban
PAGE 38-SENATE BILL 22-013 and rural balance among the board members. No more than four of the
seven members shall be members of MAY BE AFFILIATED WITH the same
political party. The commissioner of education or his or her THE
COMMISSIONER
'S designee shall serve as an ex officio nonvoting member of
the board of trustees. The terms of office of the board of trustees shall be
IS
four years; except that of the members initially appointed, four members
shall serve four-year terms and three members shall serve two-year terms,
as designated by the governor THE TERMS SHALL BE STAGGERED SO THAT NO
MORE THAN FOUR MEMBERS
' TERMS EXPIRE IN THE SAME YEAR . The
governor may remove any member for misconduct, incompetence, or
neglect of duty and shall fill all vacancies that occur.
(c) Repealed.
SECTION 37. In Colorado Revised Statutes, 23-1-102, amend (3)
and (5); and repeal (8)(a) as follows:
23-1-102. Commission established - terms of office. (3) (a) The
commission shall consist CONSISTS of eleven THE FOLLOWING members, to
be appointed by the governor with the consent of the senate:
(I) O
NE MEMBER FROM EACH CONGRESSIONAL DISTRICT IN THE
STATE
; AND
(II) THREE MEMBERS FROM THE STATE AT LARGE .
(b) The
GOVERNOR SHALL SELECT THE members of the commission
shall be selected
on the basis of their knowledge of and interest in higher
education. and shall serve for four-year terms; except that, of the members
first appointed to the commission, five members shall serve for terms of two
years, and four members shall serve for terms of four years AT LEAST ONE
MEMBER OF THE COMMISSION MUST RESIDE WEST OF THE CONTINENTAL
DIVIDE
. NO MORE THAN A MINIMUM MAJORITY OF THE MEMBERS OF THE
COMMISSION MAY BE AFFILIATED WITH THE SAME POLITICAL PARTY AT ANY
TIME
.
(c) T
HE TERM OF EACH MEMBER IS FOUR YEARS ; EXCEPT THAT THE
TERMS SHALL BE STAGGERED SO THAT NO MORE THAN A MINIMUM MAJORITY
OF MEMBERS
' TERMS EXPIRE IN THE SAME YEAR . No member of the
commission may serve more than two consecutive full four-year terms.
PAGE 39-SENATE BILL 22-013 (b) Repealed.
(5) The commission shall at no time have more than six members of
any one major political party. Members of the commission shall ARE
ENTITLED TO
receive seventy-five dollars per diem for attendance at official
meetings plus actual and necessary expenses incurred in the conduct of
official business. In appointing members of the commission, the governor
shall consider geographic representation. Of the eleven members of the
commission, at least one shall be from each congressional district, and at
least one member of the commission shall reside west of the continental
divide.
(8) (a) Notwithstanding other provisions of this section, on or after
July 1, 1999, the governor, with the consent of the senate, shall appoint two
additional members to the commission for terms ending on June 30, 2003.
Thereafter, members appointed pursuant to this subsection (8) shall serve
for terms of four years.
SECTION 38. In Colorado Revised Statutes, 23-3.1-203, amend
(2)(a) as follows:
23-3.1-203. Authority - creation - membership - transfer of
personnel. (2) (a) Effective May 26, 2000, the board of directors of the
authority, as it existed prior to May 26, 2000, shall be transferred with the
authority to the department of higher education. The board shall continue
CONTINUES to consist of nine members who shall continue to be ARE
appointed by the governor, with the consent of the senate. Such members shall
MUST be residents of the state. The term of office of each member
shall be IS four years; except that of the appointments made on or after May
26, 2000, and prior to July 1, 2000, three members shall serve for terms of
two, three, and four years, respectively THE TERMS SHALL BE STAGGERED SO
THAT NO MORE THAN THREE MEMBERS
' TERMS EXPIRE IN THE SAME YEAR.
Each member shall serve until his or her
A successor has been appointed by
the governor. and qualified. Any member shall be IS eligible for
reappointment. The governor shall fill any vacancy by appointment for the
remainder of an unexpired term. Any member appointed by the governor
when the general assembly is not in regular session, whether appointed for
an unexpired term or for a full term, shall be deemed to be duly appointed
and qualified until the appointment of such member is approved or rejected
by the senate. Such appointment shall be submitted to the senate for its
PAGE 40-SENATE BILL 22-013 approval or rejection during the next regular session of the general assembly
following the appointment.
SECTION 39. In Colorado Revised Statutes, amend 23-15-104 as
follows:
23-15-104. Authority - creation - board - organization.
(1) (a) There is hereby created an independent public body politic and
corporate to be known as the Colorado educational and cultural facilities
authority. Said
THE authority is constituted a public instrumentality, and its
exercise of the powers conferred by this article shall be ARTICLE 15 IS
deemed and held to be the performance of an essential public function. The authority shall be
IS a body corporate and a political subdivision of the state,
and shall not be IS NOT an agency of state government, and shall not be IS
NOT
subject to administrative direction by any department, commission,
board, or agency of the state.
(b) The legal effects of any statute heretofore
designating the
Colorado educational and cultural facilities authority by any other name, or
property rights heretofore
incurred under any other name, shall not be
impaired.
(2) (a) The governing body of the authority shall be IS a board of
directors, which shall consist CONSISTS of seven members to be appointed
by the governor, with the consent of the senate.
(b) Such members shall EACH MEMBER MUST be residents A
RESIDENT
of the state.
(c) No more than four of the members shall be of
MAY BE
AFFILIATED WITH
the same political party. Except as provided in thissubsection (2), the members of the board first appointed shall serve for
terms to be designated by the governor, expiring on June 30 of each year
beginning in 1982 and ending in 1988. The governor, with the consent of
the senate, may appoint the members of the board of directors of an existing
authority created under state law as the board of directors of the authority,
in which case the terms of such directors shall be the same as their existing
terms on the board of such other authority. Persons holding office on June
15, 1987, are subject to the provisions of section 24-1-137, C.R.S.
Thereafter
PAGE 41-SENATE BILL 22-013 (d) Upon the expiration of the term of any member, his successor
shall be appointed for a term of four years THE TERM OF OFFICE OF AN
APPOINTED MEMBER IS FOUR YEARS
; EXCEPT THAT THE TERMS SHALL BE
STAGGERED SO THAT NO MORE THAN FOUR MEMBERS
' TERMS EXPIRE IN THE
SAME YEAR
.
(e) Each member shall serve until his
THE MEMBER'S resignation or,
in the case of a member whose term has expired, until his THE MEMBER'S
successor has been appointed. and has qualified.
(f) Any member shall be IS eligible for reappointment.
(3) The governor shall fill any vacancy by appointment for the
remainder of an unexpired term. Any member appointed by the governor
when the general assembly is not in regular session, whether appointed for
an unexpired term or for a full term, shall be deemed to be duly appointed
and qualified until the appointment of such member is approved or rejected
by the senate. Such appointment shall be submitted to the senate for its
approval or rejection during the next regular session of the general assembly
following the appointment.
(3)
(4) (a) Any member of the board may be removed by the
governor for misfeasance, malfeasance, willful neglect of duty, or other
cause. after notice and a public hearing, unless such notice and hearing is
expressly waived in writing.
(b) Notwithstanding the provisions of paragraph (a) of this
subsection (3) SUBSECTION (4)(a) OF THIS SECTION, a member shall be
removed by the governor if such member fails, for reasons other than
temporary mental or physical disability or illness, to attend three regular
meetings of the board during any twelve-month period without the board
having entered upon its minutes an approval for any of such absences.
SECTION 40. In Colorado Revised Statutes, 23-20-102, amend
(2)(a) as follows:
23-20-102. Regents - election and term. (2) (a) (I) At the general
election held in 1974, and each six years thereafter
THROUGH THE GENERAL
ELECTION HELD IN
2016, three regents shall be elected, one of whom shall
be a qualified elector of, and elected by the qualified electors of, the first
PAGE 42-SENATE BILL 22-013 congressional district; one of whom shall be a qualified elector of, and
elected by the qualified electors of, the fourth congressional district; and
one of whom shall be a qualified elector of this state and elected at large by
the qualified electors of this state.
(II) A
T THE GENERAL ELECTION HELD IN 2022, AND EACH SIX YEARS
THEREAFTER
, THREE REGENTS SHALL BE ELECTED, ONE OF WHOM SHALL BE
A QUALIFIED ELECTOR OF
, AND ELECTED BY THE QUALIFIED ELECTORS OF ,
THE FIRST CONGRESSIONAL DISTRICT; ONE OF WHOM SHALL BE A QUALIFIED
ELECTOR OF
, AND ELECTED BY THE QUALIFIED ELECTORS OF , THE FOURTH
CONGRESSIONAL DISTRICT
; AND ONE OF WHOM SHALL BE A QUALIFIED
ELECTOR OF
, AND ELECTED BY THE QUALIFIED ELECTORS OF , THE EIGHTH
CONGRESSIONAL DISTRICT
.
SECTION 41. In Colorado Revised Statutes, 23-21-203, amend (2)
as follows:
23-21-203. Center created - committee established. (2) (a) The
governor shall appoint a committee, to be known as the sickle-cell anemia
advisory committee, to consult with the university of Colorado school of
medicine in the administration of this part 2.
(b) The committee shall be composed
CONSISTS of eleven members
representing hospitals, voluntary agencies interested in sickle-cell anemia,
medical specialists in sickle-cell anemia patient care, and the general public;
but no group shall have more than four members on the committee.
(c) Each member of the committee shall hold office for a term of
four years and until his
THE MEMBER'S successor is appointed; and qualified;
except that, of those members first appointed, two shall be appointed for
one-year terms, three shall be appointed for two-year terms, three shall be
appointed for three-year terms, and three shall be appointed for four-year
terms EXCEPT THAT THE TERMS SHALL BE STAGGERED SO THAT NO MORE
THAN SIX MEMBERS
' TERMS EXPIRE IN THE SAME YEAR.
(d) Any vacancy occurring on the committee shall be filled by
appointment by the governor for the unexpired term.
(e) The committee shall meet at least annually and at such other
times as the executive director of the department of public health and
PAGE 43-SENATE BILL 22-013 environment deems necessary.
(f) Members of the committee shall receive no SERVE WITHOUT
compensation but shall be reimbursed ARE ENTITLED TO REIMBURSEMENT
for their actual and necessary expenses incurred in the performance of their
official duties.
(b) Repealed.
SECTION 42. In Colorado Revised Statutes, 23-21-503, amend (2)
as follows:
23-21-503. University of Colorado hospital authority. (2) (a) The
authority shall be governed by an eleven-member A board of directors who
shall be appointed by the regents. The board of directors shall control the
day-to-day operation of university hospital.
(b) T
HE BOARD CONSISTS OF THE FOLLOWING MEMBERS :
(I) There shall be a
ONE director appointed from each congressional
district;
AND
(II) THREE DIRECTORS APPOINTED FROM THE STATE AT LARGE .
(c) O
F ALL THE DIRECTORS APPOINTED TO THE BOARD , one director
shall
MUST reside west of the continental divide, and not more than four
ONE THIRD OF THE directors shall be employees of the university of
Colorado or of the authority.
(d) The appointment of the directors from the congressional districts
shall be IS subject to the advice and consent of the senate. Of the directors
first appointed, four shall serve terms of two years and five shall serve
terms of four years. THE TERM OF OFFICE FOR APPOINTED MEMBERS IS FOUR
YEARS
; EXCEPT THAT THE TERMS SHALL BE STAGGERED SO THAT NO MORE
THAN A MINIMUM MAJORITY OF MEMBERS
' TERMS EXPIRE IN THE SAME YEAR.
(e) Nothing in this subsection (2) shall be construed to limit the
power of the regents to appoint persons as directors of the authority who are
directors of the part 4 corporation. Each director appointed from a
congressional district, whether appointed for an unexpired term or a full
PAGE 44-SENATE BILL 22-013 term, shall be deemed duly appointed and qualified until the appointment
of the director is approved or rejected by the senate. If the general assembly
is not in regular session at the time the appointment is made or is in regular
session but does not consider the appointment before adjourning, the
appointment shall be submitted to the senate for its approval or rejection
during the next regular session of the general assembly following the
appointment.
SECTION 43. In Colorado Revised Statutes, 23-30-101, amend
(1)(a), (1)(b) introductory portion, (1)(d) introductory portion, (1)(d)(II),
and (1)(g); and repeal (1)(c) as follows:
23-30-101. Board of governors of the Colorado state university
system. (1) (a) A board is hereby established that shall be known by the
name and title of The board of governors of the Colorado state university
system, referred to in this section as the "board", It shall consist IS
ESTABLISHED
. THE BOARD CONSISTS of a total of
fifteen members as
provided in paragraphs (b) and (c) of this subsection (1) SUBSECTIONS (1)(b)
AND (1)(d) OF THIS SECTION.
(b) Six of the members shall be ARE advisory, without the right to
vote. T
HE ADVISORY MEMBERS SERVE TERMS OF ONE ACADEMIC YEAR . The
six advisory members shall be elected or appointed by their respective
governing bodies from their membership The advisory officers shall serve
terms of one academic year. The advisory members shall consist of AS
FOLLOWS
:
(c) Commencing with appointments made in 1974 and continuingthrough appointments made in 2006, the remaining nine members of the
board, at least one of whom shall be a graduate of the Colorado state
university or Colorado state university - Pueblo and at least two of whom
shall have some connection with agriculture, shall be appointed by the
governor, with the consent of the senate, for basic terms of four years,
although interim appointments may be made for lesser periods so that at
least two of the nine terms will expire in each calendar year.
(d) Commencing with appointments made in 2007 and subsequent
years, The remaining nine members of the board shall be appointed by the
governor with the consent of the senate for terms of four years, in the
following manner:
PAGE 45-SENATE BILL 22-013 (II) One of the nine voting members shall either reside in southern
Colorado,
AS DEFINED IN SUBSECTION (1)(f) OF THIS SECTION, or be a
graduate of Colorado state university - Pueblo.
(g) Members appointed on or after January 1, 2007, shall serveterms of THE TERM OF OFFICE FOR EACH MEMBER APPOINTED BY THE
GOVERNOR IS
up to four years, expiring on December 31 of the third
calendar year following the calendar year in which the member is
appointed;
EXCEPT THAT THE TERMS SHALL BE STAGGERED SO THAT AT
LEAST TWO MEMBERS
' TERMS EXPIRE IN EACH CALENDAR YEAR .
SECTION 44. In Colorado Revised Statutes, 23-31-1003, amend
(2)(b) and (3) as follows:
23-31-1003. State veterinary education loan repayment council
- creation - membership. (2) (b) (I) On or before October 1, 2017,
The
governor shall appoint the initial five directors of the council. The council
must include the following representatives TO THE COUNCIL:
(A) At least one director must be WHO IS a member of the faculty or
staff of Colorado state university's college of veterinary medicine and
biomedical sciences;
(B) The commissioner of agriculture or his or her
THE
COMMISSIONER
'S designee;
(C) At least one director must be
WHO IS associated with, and able
to represent the interests of, the Colorado livestock industries; and
(D) At least one director must be WHO IS associated with, and able
to represent the interests of, the Colorado Veterinary Medical Association
OR A SUCCESSOR ORGANIZATION .
(II) Of the initial five directors, three serve for four-year terms andtwo serve for two-year terms. All subsequent terms are four-year terms
DIRECTORS ARE APPOINTED FOR TERMS OF FOUR YEARS ; EXCEPT THAT THE
TERMS SHALL BE STAGGERED SO THAT NO MORE THAN THREE DIRECTORS
'
TERMS EXPIRE IN THE SAME YEAR.
(III) Unless extenuating circumstances such as illness or death
PAGE 46-SENATE BILL 22-013 require otherwise, each director shall hold office until his or her THE
DIRECTOR
'S successor is appointed.
(3) The governor, at his or her
THE GOVERNOR'S pleasure, may
remove a director of the council at any time. If a director vacates his or her
THE DIRECTOR'S seat on the council during the term for which the director
was appointed, the governor shall fill the resultant vacancy by appointing
a director for the remainder of that term. The successor director must meet
the same qualifications under this section as his or her
THE SUCCESSOR'S
predecessor.
SECTION 45. In Colorado Revised Statutes, 23-40-104, amend
(1)(b)(I) and (1)(b)(II); and repeal (1)(b)(III) and (1)(b)(IV) as follows:
23-40-104. Board of trustees. (1) (b) (I) The governor shall
appoint, with the consent of the senate, seven members of the board of
trustees created by this subsection (1). The initial members of the board
shall take office on July 1, 1973. The terms of the seven members of the
board of trustees appointed prior to June 15, 1987, shall be six years; except
that appointments of members to take office on July 1, 1973, shall be made
so that two members of the board have terms expiring on June 30, 1975,
two members of the board have terms expiring on June 30, 1977, and three
members of the board have terms expiring on June 30, 1979. Persons who
are appointed members and who are holding office on June 15, 1987, are
subject to the provisions of section 24-1-137, C.R.S. Thereafter the terms
of the seven members of the board of trustees appointed by the governor
shall be four years; except that a member of the board who is appointed by
the governor shall continue to serve until a successor is appointed and
confirmed by the senate.
(II) Notwithstanding any other provision of this section, the term of
each member serving on the board of trustees as of May 26, 2006, shall be
extended to expire on December 31 of the calendar year in which the
member's appointed term would otherwise expire. Members appointed on
or after January 1, 2007, BY THE GOVERNOR shall serve terms of up to four
years, expiring on December 31 of the third calendar year following the
calendar year in which the member is appointed; For terms ending on or
after December 31, 2006, the governor shall appoint a succeeding member
on or before March 1 immediately following the expiration of the term
EXCEPT THAT THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN
PAGE 47-SENATE BILL 22-013 TWO MEMBERS' TERMS EXPIRE IN THE SAME YEAR.
(III) Notwithstanding any other provision of this section, the
appointments to succeed members whose terms expire on December 31,
2011, shall be as follows:
(A) Two members who shall serve four-year terms;
(B) Two members who shall serve three-year terms; and
(C) One member who shall serve a one-year term.
(IV) Notwithstanding any other provision of this section, the
appointments to succeed members whose terms expire on or after December
31, 2013, shall be for four-year terms.
SECTION 46. In Colorado Revised Statutes, amend 23-41-102 as
follows:
23-41-102. Board of trustees - term. (1) (a) There shall be IS
CREATED
a board of trustees of the Colorado school of mines to be
composed of nine persons. The five members serving on the board on July1, 1973, shall continue to serve the terms for which they were appointed. On
or before July 1, 1973, the governor shall appoint two additional members
of the board, of which one shall be appointed for a term to expire on March
1, 1975, and one shall be appointed for a term to expire on March 1, 1977.
Prior to June 15, 1987, the governor shall fill the vacancies in appointed
offices occurring every two years by appointments of members of the board
for terms of six years each, in accordance with this arrangement. Persons
who are appointed members and who are holding office on June 15, 1987,
are subject to the provisions of section 24-1-137, C.R.S. Thereafter the
terms of such appointed members shall be four years. Notwithstanding any
other provision of this section, the term of each member serving on the
board of trustees as of May 26, 2006, shall be extended to expire on
December 31 of the calendar year in which the member's appointed term
would otherwise expire. Members appointed on or after January 1, 2007,
shall serve terms of up to four years, MEMBERS. SEVEN MEMBERS SHALL BE
APPOINTED BY THE GOVERNOR TO TERMS OF UP TO FOUR YEARS
, expiring on
December 31 of the third calendar year following the calendar year in which
the member is appointed; For terms ending on or after December 31, 2006,
PAGE 48-SENATE BILL 22-013 the governor shall appoint a succeeding member on or before March 1
immediately following the expiration of the term EXCEPT THAT THE TERMS
SHALL BE STAGGERED SO THAT NO MORE T HAN FOUR MEMBERS
' TERMS
EXPIRE IN THE SAME YEAR
.
(b) Of the seven members appointed by the governor, no more than
four members shall be from
MAY BE AFFILIATED WITH the same political
party. I
N APPOINTING MEMBERS TO THE BOARD OF TRUSTEES , THE GOVERNOR
SHALL ENSURE THAT NO MORE THAN TWO OF THE MEMBERS SERVING ON THE
BOARD OF TRUSTEES AT ANY ONE TIME RESIDE OUTSIDE THE STATE OF
COLORADO. IN ADDITION, THE GOVERNOR SHALL BASE THE APPOINTMENTS
ON CONSIDERATION OF
:
(I) A
N APPOINTEE'S PROFESSIONAL BACKGROUND RELATED TO THE
INDUSTRIES AND FIELDS FOR WHICH THE
COLORADO SCHOOL OF MINES
PREPARES STUDENTS FOR EMPLOYMENT AND IN WHICH THE FACULTY OF THE
INSTITUTION CONDUCT RESEARCH
;
(II) O
THER AREAS OF PROFESSIONAL EXPERTISE THAT AN APPOINTEE
MAY BRING TO THE APPOINTEE
'S SERVICE ON THE BOARD OF TRUSTEES; AND
(III) THE APPOINTEE'S COMMITMENT TO USING THE APPOINTEE 'S
PERSONAL TIME AND EFFORTS TO SERVE AND SUPPORT THE
COLORADO
SCHOOL OF MINES
.
(c) The two remaining member positions shall be filled by:
(I) An elected member of the student body who is a full-time junior
or senior student at the Colorado school of mines. and
The term of said THE
elected STUDENT MEMBER'S office shall be IS one year, beginning ON July
1. The elected student member shall be IS advisory, without the right to
vote. For the purposes of AS USED IN this subsection (1), "full-time student"
means the equivalent of the HAS THE SAME definition of AS "full-time
equivalent student" used by the joint budget committee of the general
assembly.
(II) A full-time member of the academic faculty of the Colorado
school of mines elected by a majority of at least sixty-seven percent of the
academic faculty. The initially elected faculty board member shall be
elected at a special election to be held during the spring semester of 2008.
PAGE 49-SENATE BILL 22-013 The term of office for the initially elected faculty member shall end
December 31, 2010. Subsequently Elected faculty members shall serve
two-year terms commencing January 1 of each odd-numbered year.
thereafter.
The elected faculty member shall be IS advisory, without the
right to vote.
(b) For the purpose of further staggering the terms of office held by
members of the Colorado school of mines board of trustees, the terms of
two of the board members holding office on July 1, 1994, whose terms
expire in 1995, and one of the members holding office on July 1, 1994,
whose term expires in 1997, are extended for one year. The governor shall
select those members whose terms are extended.
(2) Said trustees MEMBERS shall hold their offices for the terms for
which they have been appointed and until their successors are appointed and
qualified. Any four of the members of said
THE board appointed by the
governor shall constitute CONSTITUTES a quorum for the transaction of
business. The said board has such powers and shall perform such duties as
specified in the laws creating the institution and providing for its
maintenance.
(3) In appointing persons to the Colorado school of mines board of
trustees on or after July 1, 2010, the governor shall ensure that no more than
two of the members serving on the board of trustees at any one time reside
outside the state of Colorado. In addition, the governor shall base his or her
appointments on considerations of:
(a) An appointee's professional background related to the industries
and fields for which the Colorado school of mines prepares students for
employment and in which the faculty of the institution conduct research;
(b) Other areas of professional expertise that an appointee may bring
to his or her service on the board of trustees; and
(c) The appointee's commitment to using his or her personal time
and efforts to serve and support the Colorado school of mines.
SECTION 47. In Colorado Revised Statutes, 23-51-102, amend
(2), (3), and (4) as follows:
PAGE 50-SENATE BILL 22-013 23-51-102. Board of trustees - creation - members - powers -
duties. (2) The governor shall appoint, effective July 1, 2003, with the
consent of the senate, nine members of the board of trustees. Members
initially appointed to the board of trustees shall have the authority to act on
behalf of the board of trustees prior to obtaining confirmation by the senate.
The members first appointed to the board of trustees shall take office on
July 1, 2003. Appointments of members to take office on July 1, 2003, shall
be made so that three members of the board have terms expiring on January
1, 2005, two members of the board have terms expiring on January 1, 2006,
two members of the board have terms expiring on January 1, 2007, and two
members of the board have terms expiring on January 1, 2008; thereafter,
the terms of the nine appointed members of the board of trustees shall be
four years. Notwithstanding any other provision of this section, the term of
each member serving on the board of trustees as of May 26, 2006, shall be
extended to expire on December 31 of the calendar year in which the
member's appointed term would otherwise expire. Members appointed on
or after January 1, 2007, MEMBERS APPOINTED BY THE GOVERNOR shall
serve terms of up to four years, expiring on December 31 of the third
calendar year following the calendar year in which the member is
appointed; For terms ending on or after December 31, 2006, the governor
shall appoint a succeeding member on or before March 1 immediately
following the expiration of the term EXCEPT THAT THE TERMS SHALL BE
STAGGERED SO THAT NO MORE THAN THREE MEMBERS
' TERMS EXPIRE IN THE
SAME YEAR
. Of the nine members appointed by the governor, at least two
shall reside in Alamosa, Conejos, Costilla, Huerfano, Mineral, Rio Grande,
or Saguache county. Of the nine members appointed by the governor, no
more than five members shall be from the same political party. Each trustee
MEMBER shall hold office for the term for which the trustee MEMBER has
been appointed and until the trustee's MEMBER'S successor is appointed and
confirmed by the senate.
(3) The tenth member of the board of trustees shall be a full-time
junior or senior student at Adams state university, elected by the members
of the student body of Adams state university. The term of the student
member shall be
IS one year, beginning July 1, 2003, and beginning ON July
1 each year. thereafter. The student member shall be IS advisory, without the
right to vote and without the right to attend executive sessions of the board
of trustees, as provided by section 24-6-402. C.R.S.
The student member
shall MUST have resided in the state of Colorado for not less than three years
prior to the student's election.
PAGE 51-SENATE BILL 22-013 (4) The eleventh member shall be a member of the faculty of Adams
state university elected by other members of the faculty for a term of two
years, beginning July 1, 2003, and
beginning ON July 1 every odd-numbered
year. thereafter. The faculty member shall be IS advisory, without the right
to vote and without the right to attend executive sessions of the board of
trustees, as provided by section 24-6-402. C.R.S.
SECTION 48. In Colorado Revised Statutes, 23-52-102, amend
(2)(b), (2)(c), (2)(d), (3), and (4) as follows:
23-52-102. Board of trustees - creation - members - powers -
duties - repeal. (2) (b) (I) The term of each member serving on the board
of trustees as of March 24, 2020, expires on December 31 of the calendar
year in which the member's appointed term would otherwise expire.
(II) T
HIS SUBSECTION (2)(b) IS REPEALED, EFFECTIVE JUNE 30, 2025.
(c) (I) The governor shall appoint the eighth and ninth members of
the board so that the members take office on or before September 1, 2020.
Such members have the authority to act on behalf of the board of trustees
prior to obtaining confirmation by the senate. Of the members taking office
pursuant to this subsection (2)(c), one member has a term expiring on
January 1, 2023, and one member has a term expiring on January 1, 2025.
Thereafter, the terms of the eighth and ninth members of the board of
trustees are four years.
(II) T
HIS SUBSECTION (2)(c) IS REPEALED, EFFECTIVE JUNE 30, 2025.
(d) Except as otherwise provided in subsection
SUBSECTIONS (2)(b)
AND (2)(c) of this section, members appointed on or after January 1, 2007,
BY THE GOVERNOR serve terms of up to four years, expiring on December
31 of the third calendar year following the calendar year in which the
member is appointed; For terms ending on or after December 31, 2006, the
governor shall appoint a succeeding member on or before March 1
immediately following the expiration of the term EXCEPT THAT THE TERMS
SHALL BE STAGGERED SO THAT NO MORE THAN THREE MEMBERS
' TERMS
EXPIRE IN THE SAME YEAR
. Each trustee following the initial appointments
shall hold MEMBER HOLDS office for the term for which the trustee MEMBER
is appointed and until the trustee's MEMBER'S successor is appointed and
confirmed by the senate.
PAGE 52-SENATE BILL 22-013 (3) The tenth office must be filled by an elected member of the
student body of Fort Lewis college who is a full-time junior or senior
student at Fort Lewis college. The term of said elected office is one year,
beginning August 1, 2002, and
beginning ON August 1 each year. thereafter.
The elected student office is advisory, without the right to vote.
(4) The eleventh office must be filled by an elected member of the
faculty at large of Fort Lewis college elected by other members of the
faculty at large for a term of two years, beginning August 1, 2002, and
beginning ON August 1 every other year. thereafter. The elected faculty
office is advisory, without the right to vote.
SECTION 49. In Colorado Revised Statutes, 23-53-102, amend
(1)(a) introductory portion, (2), (3), and (4) as follows:
23-53-102. Board of trustees - creation - members - powers -
duties. (1) (a) There is established the board of trustees for Colorado Mesa
university, referred to in this article ARTICLE 53 as the "board of trustees",
which shall consist CONSISTS of thirteen members and shall be IS the
governing authority for Colorado Mesa university. The board of trustees
shall be
IS, and is hereby declared to be, a body corporate and, as such and
by the names designated in this section, may:
(2) (a) The governor shall appoint, effective July 1, 2003, with the
consent of the senate, eleven members of the board of trustees. Members
appointed to the board of trustees shall
have the authority to act on behalf
of the board of trustees prior to obtaining confirmation by the senate. The
members first appointed to said board shall take office on July 1, 2003.
Appointments of members to take office on July 1, 2003, shall be made so
that three members of the board have terms expiring on January 1, 2005,
two members of the board have terms expiring on January 1, 2006, two
members of the board have terms expiring on January 1, 2007, and two
members of the board have terms expiring on January 1, 2008; thereafter,
the terms of the eleven appointed members of the board of trustees shall be
four years. Notwithstanding any other provision of this section, the term of
each member serving on the board of trustees as of May 26, 2006, shall be
extended to expire on December 31 of the calendar year in which the
member's appointed term would otherwise expire. Members appointed on
or after January 1, 2007, shall serve terms of up to four years, expiring on
December 31 of the third calendar year following the calendar year in which
PAGE 53-SENATE BILL 22-013 the member is appointed; except that of the two members appointed
pursuant to House Bill 12-1324, enacted in 2012, one shall have a term that
expires on January 1, 2015, and one shall have a term that expires on
January 1, 2016. For terms ending on or after December 31, 2006, the
governor shall appoint a succeeding member on or before March 1
immediately following the expiration of the term. Of the eleven members
appointed by the governor:
(I) No more than six members shall MAY be from AFFILIATED WITH
the same political party; Of the eleven members appointed by the governor,
AND
(II) At least two shall reside in Delta, Garfield, Mesa, or Montrose
county.
(b) T
HE TERM OF OFFICE FOR EACH MEMBER APPOINTED BY THE
GOVERNOR IS UP TO FOUR YEARS
, EXPIRING ON DECEMBER 31 OF THE THIRD
CALENDAR YEAR FOLLOWING THE CALENDAR YEAR IN WHICH THE MEMBER
WAS APPOINTED
; EXCEPT THAT TERMS SHALL BE STAGGERED SO THAT NO
MORE THAN THREE APPOINTED MEMBERS
' TERMS EXPIRE IN THE SAME
CALENDAR YEAR
. Each trustee
MEMBER shall hold office for the term for
which the trustee MEMBER has been appointed and until the trustee's
MEMBER'S successor is appointed and confirmed by the senate.
(3) The twelfth member of the board of trustees shall be a full-time
junior or senior student at Colorado Mesa university, elected by the
members of the student body of Colorado Mesa university. The term of the
student member shall be
IS one year, beginning July 1, 2003, and beginning
ON July 1 each year. thereafter. The student member shall be IS advisory,
without the right to vote and without the right to attend executive sessions
of the board of trustees, as provided by section 24-6-402. C.R.S.
The
student member shall MUST have resided in the state of Colorado for not
less than three years prior to the student's election.
(4) The thirteenth member shall be a member of the faculty of
Colorado Mesa university elected by other members of the faculty for a
term of two years, beginning July 1, 2003, and beginning
ON July 1 OF every
odd-numbered year. thereafter. The faculty member shall be IS advisory,
without the right to vote and without the right to attend executive sessions
of the board of trustees, as provided by section 24-6-402. C.R.S.
PAGE 54-SENATE BILL 22-013 SECTION 50. In Colorado Revised Statutes, 23-54-102, amend
(2), (3), and (4) as follows:
23-54-102. Board of trustees - creation - members - powers -
duties. (2) The governor shall appoint, with the consent of the senate, nine
members of the board of trustees. The members first appointed to said board
shall take office on July 1, 2002. The terms of appointed members of the
board of trustees shall be four years; except that, of the members first
appointed, the governor shall select two members who shall serve one-year
terms, two members who shall serve two-year terms, and five members who
shall serve four-year terms. Notwithstanding any other provision of this
section, the term of each member serving on the board of trustees as of May
26, 2006, shall be extended to expire on December 31 of the calendar year
in which the member's appointed term would otherwise expire. Members
appointed on or after January 1, 2007, MEMBERS APPOINTED BY THE
GOVERNOR
shall serve terms of up to four years, expiring on December 31
of the third calendar year following the calendar year in which the member
is appointed; For terms ending on or after December 31, 2006, the governor
shall appoint a succeeding member on or before March 1 immediately
following the expiration of the term EXCEPT THAT THE TERMS SHALL BE
STAGGERED SO THAT NO MORE THAN FIVE MEMBERS
' TERMS EXPIRE IN THE
SAME YEAR
. All appointed members shall serve until their successors are
appointed and qualified. Of the nine members appointed by the governor,
no more than five members shall be from MAY BE AFFILIATED WITH the
same political party.
(3) A full-time junior or senior student at Metropolitan state
university of Denver, elected by the student body at large, shall fill the tenth
office as a member of the board of trustees. The term of office shall be
IS
one year, beginning July 1, 2002, and beginning ON July 1 each year.
thereafter. The elected student office shall be IS advisory, without the right
to vote and without the right to attend executive sessions of the board of
trustees, as provided by section 24-6-402. C.R.S.
The elected student
member of the board of trustees shall MUST have resided in the state of
Colorado not fewer than three years immediately prior to election. As used
in this subsection (3), "full-time student" shall have
HAS the same definition
as "full-time equivalent student" used by the joint budget committee of the
general assembly.
(4) A full-time member of the teaching faculty at large of
PAGE 55-SENATE BILL 22-013 Metropolitan state university of Denver, elected by the faculty at large, shall
fill the eleventh office as a member of the board of trustees. The term of
office shall be
IS one year, beginning July 1, 2002, and beginning ON July
1 each year. thereafter. The elected faculty member of the board of trustees
shall be IS advisory, without the right to vote and without the right to attend
executive sessions of the board of trustees, as provided by section 24-6-402.
C.R.S.
SECTION 51. In Colorado Revised Statutes, 23-56-102, amend
(2), (3), and (4) as follows:
23-56-102. Board of trustees - creation - members - powers -
duties. (2) The governor shall appoint, effective July 1, 2003, with the
consent of the senate, nine members of the board of trustees. Members
initially appointed to the board of trustees shall have the authority to act on
behalf of the board of trustees prior to obtaining confirmation by the senate.
The members first appointed to said board shall take office on July 1, 2003.
Appointments of members to take office on July 1, 2003, shall be made so
that three members of the board have terms expiring on January 1, 2005,
two members of the board have terms expiring on January 1, 2006, two
members of the board have terms expiring on January 1, 2007, and two
members of the board have terms expiring on January 1, 2008; thereafter,
the terms of the nine appointed members of the board of trustees shall be
four years. Notwithstanding any other provision of this section, the term of
each member serving on the board of trustees as of May 26, 2006, shall be
extended to expire on December 31 of the calendar year in which the
member's appointed term would otherwise expire. Members appointed on
or after January 1, 2007, MEMBERS APPOINTED BY THE GOVERNOR shall
serve terms of up to four years, expiring on December 31 of the third
calendar year following the calendar year in which the member is
appointed; For terms ending on or after December 31, 2006, the governor
shall appoint a succeeding member on or before March 1 immediately
following the expiration of the term EXCEPT THAT THE TERMS SHALL BE
STAGGERED SO THAT NO MORE THAN FIVE MEMBERS
' TERMS EXPIRE IN THE
SAME YEAR
. Of the nine members appointed by the governor, no more than
five members shall be from
MAY BE AFFILIATED WITH the same political
party. Of the nine members appointed by the governor, at least two shall
reside in Gunnison county. Each trustee following the initial appointments
shall hold office for the term for which the trustee has been appointed and until the trustee's successor is appointed and confirmed by the senate.
PAGE 56-SENATE BILL 22-013 (3) The tenth member of the board of trustees is a full-time junior
or senior student at Western Colorado university, elected by the members
of the student body of Western Colorado university. The term of the student
member is one year, beginning July 1, 2003, and
beginning ON July 1 each
year. thereafter. The student member is advisory, without the right to vote
and without the right to attend executive sessions of the board of trustees,
as provided by section 24-6-402.
(4) The eleventh member is a member of the faculty of Western
Colorado university elected by other members of the faculty for a term of
two years, beginning July 1, 2003, and
beginning ON July 1 every
odd-numbered year. thereafter. The faculty member is advisory, without the
right to vote and without the right to attend executive sessions of the board
of trustees, as provided by section 24-6-402.
SECTION 52. In Colorado Revised Statutes, 23-60-104, amend
(2); and repeal (1)(a) as follows:
23-60-104. State board for community colleges and occupational
education - student advisory council - state advisory council. (1) (a) The
state board for community colleges and occupational education is abolished,
and the terms of members of the board serving as such immediately prior
to April 14, 1986, are terminated.
(2) (a) (I) The board shall consist CONSISTS of:
(A) eleven members, nine of whom shall be ONE MEMBER FROM
EACH CONGRESSIONAL DISTRICT IN THE STATE
, appointed by the governor
with the consent of the senate;
(B) T
WO MEMBERS FROM THE STATE AT LARGE , APPOINTED BY THE
GOVERNOR WITH THE CONSENT OF THE SENATE
; AND
(C) TWO MEMBERS SELECTED PURSUANT TO SUBSECTION (2)(a)(III)
OF THIS SECTION.
(II) The board shall appoint a director of occupational education and
a director of community and technical colleges with the qualifications and
background specified by the board. Within thirty days of April 14, 1986, the
governor shall appoint the initial members of the board. An initial appointee
PAGE 57-SENATE BILL 22-013 shall be authorized to act as a duly confirmed member of the board until
such time as the senate has acted on such appointment. The governor may
appoint, as a member of the board, any person who was a member of the
board prior to its termination. No appointed member shall be an employee
of any local district college, community or technical college, school district
or agency receiving vocational funds allocated by the board, private
institution of higher education, or state or private occupational school in the
state. No appointed member shall be an elected or appointed statewide
official of the state of Colorado or member of the governing board of any
state-supported institution of higher education. The board shall
MUST at no
time have more than five A MINIMUM MAJORITY OF THE appointed members
of AFFILIATED WITH any one political party. The board shall at all times have
one member from each congressional district in the state. A vacancy on the
board occurs whenever any member moves out of the congressional district
from which he was appointed. A member who moves out of such
congressional district shall promptly notify the governor of the date of such
move, but such notice is not a condition precedent to the occurrence of the
vacancy. The governor shall fill the vacancy as provided in paragraph (c)
of this subsection (2). Members of the board shall be appointed so as to
insure ENSURE that all geographic areas of the state are represented. A state
student advisory council of student members who are enrolled for a
minimum of nine hours shall be elected, one each, from and by the student
bodies of each of the campuses governed by the board.
(II)
(III) The tenth FIRST ADDITIONAL member shall MUST be a
student at a college of a state system of community colleges, and the
eleventh
SECOND ADDITIONAL member shall MUST be a member of the
faculty of a college of the state system of community colleges. Such
members shall be elected in accordance with procedures established by the
board, which procedures shall
MUST take into account all the colleges
within the state system of community colleges. The term of said offices
shall be
IS one year. Said offices shall be ARE advisory, without the right to
vote and shall be without the right to attend executive sessions.
(b) Of the members first appointed to the board, two members
representing a congressional district shall be appointed for a term expiring
July 1, 1987; one member representing a congressional district and one
at-large member shall be appointed for a term expiring July 1, 1988; one
member representing a congressional district and one at-large member shall
be appointed for a term expiring July 1, 1989; and two members
PAGE 58-SENATE BILL 22-013 representing a congressional district and one at-large member shall be
appointed for a term expiring July 1, 1990. Thereafter, all members shall be
appointed for terms of four years each THE TERM OF OFFICE FOR EACH
MEMBER APPOINTED BY THE GOVERNOR IS FOUR YEARS
; except that a
member of the board who is appointed by the governor shall continue to
serve until a successor is appointed and confirmed by the senate,
Notwithstanding any other provision of this section, the term of each
member serving on the board of trustees as of May 26, 2006, shall be
extended to expire on December 31 of the calendar year in which the
member's appointed term would otherwise expire. Members appointed on
or after January 1, 2007, shall serve terms of up to four years, expiring on
December 31 of the third calendar year following the calendar year in which
the member is appointed. For terms ending on or after December 31, 2006,
the governor shall appoint a succeeding member on or before March 1
immediately following the expiration of the term AND THE TERMS OF
MEMBERS APPOINTED BY THE GOVERNOR SHALL BE STAGGERED SO THAT NO
MORE THAN A MINIMUM MAJORITY OF THE APPOINTED MEMBERS
' TERMS
EXPIRE IN THE SAME YEAR
. The terms of the offices of members of the state
student advisory council shall be one year. beginning July 1, 1977. No
A
member appointed to the board shall
NOT serve for more than two
consecutive full four-year terms. Members of the board shall receive fifty
dollars per diem for attendance at official meetings, plus actual and
necessary expenses incurred in the conduct of official business.
(c) I
F A MEMBER APPOINTED BY THE GOVERNOR MOVES OUT OF THE
CONGRESSIONAL DISTRICT FROM WHICH THE MEMBER WAS APPOINTED
, A
VACANCY IS CREATED
. A MEMBER WHO MOVES OUT OF SUCH
CONGRESSIONAL DISTRICT SHALL PROMPTLY NOTIFY THE GOVERNOR OF THE
DATE OF SUCH MOVE
, BUT SUCH NOTICE IS NOT REQUIRED FOR THE VACANCY
TO OCCUR
. Any vacancy in the office of any member of the board appointed
by the governor shall be filled by appointment of the governor with the
consent of the senate for the unexpired term. Any vacancy on the state
student advisory council shall be filled for the unexpired term by
appointment by the duly elected student government of the affected campus
within thirty days after such vacancy occurs.
SECTION 53. In Colorado Revised Statutes, 23-64-107, amend (2)
and (5); and repeal (1) as follows:
23-64-107. Private occupational school board - established -
PAGE 59-SENATE BILL 22-013 membership. (1) Effective June 30, 1998, the private occupational school
policy advisory committee is abolished, and the terms of members of the
advisory committee serving as such immediately prior to June 30, 1998, are
terminated.
(2) Effective July 1, 1998, There is established, in the private
occupational school division, the private occupational school board that
shall advise the director on the administration of this article 64 and shall
have the powers and duties specified in section 23-64-108. The board shall
exercise its powers and perform its duties and functions specified in this
article 64 as if the same were transferred to the department of higher
education by a type 1 transfer, as such transfer is defined in the
"Administrative Organization Act of 1968", article 1 of title 24.
(5) (a)
The board members shall serve four-year terms; except that
of the members first appointed to the board, three members to be selected
by the governor shall serve two-year terms THE TERMS SHALL BE
STAGGERED SO THAT NO MORE THAN FOUR MEMBERS
' TERMS EXPIRE IN THE
SAME YEAR
. A member shall not serve more than two consecutive four-year
terms.
(b) Notwithstanding the provisions of subsection (5)(a) of this
section, of the three members appointed to replace persons whose terms
expire on June 30, 2012, one member selected by the governor shall serve
a two-year term, one member selected by the governor shall serve a
three-year term, and one member selected by the governor shall serve a
four-year term. Subsequent appointments to the positions identified in this
subsection (5)(b) shall serve four-year terms.
(c) Notwithstanding the provisions of subsection (5)(a) of this
section, of the four members appointed to replace persons whose terms
expire on June 30, 2014, one member selected by the governor shall serve
a one-year term, one member selected by the governor shall serve a
two-year term, one member selected by the governor shall serve a three-year
term, and one member selected by the governor shall serve a four-year term.
Subsequent appointments to the positions identified in this subsection (5)(c)
shall serve four-year terms.
SECTION 54. In Colorado Revised Statutes, 23-70-102, amend (1)
introductory portion, (1)(a), (1)(c)(I), (1)(d)(I), and (5) as follows:
PAGE 60-SENATE BILL 22-013 23-70-102. Auraria board - membership - terms - oath or
affirmation - voting. (1) Effective July 1, 1989, there is hereby created a
new board of directors of the Auraria higher education center, referred to
in this article
ARTICLE 70 as the "Auraria board", which shall consist
CONSISTS of nine VOTING members and two ex officio nonvoting members.
The members of the Auraria board shall be chosen in the following manner:
(a) (I) Three lay members OF THE PUBLIC, appointed by the governor.
as soon as practicable after July 1, 1989, the first of whom shall serve for
a term of one year, the second for a term of two years, and the third for a
term of three years; thereafter, Gubernatorial appointments shall be for
three-year terms;
EXCEPT THAT THE TERMS SHALL BE STAGGERED SO THAT
NO MORE THAN ONE MEMBER
'S TERM EXPIRES IN ONE YEAR. All lay
members
appointed shall BY THE GOVERNOR MUST be residents of the Denver
metropolitan area.
(II) In the event of death, resignation, or inability or refusal to act of
any such appointed member, the governor shall fill the vacancy for the
remainder of the term. Any vacancy in the elected office on the board shall
be filled by reelection for the unexpired term.
(c) (I) An advisory committee of six members who are full-time
students shall be elected, two from each of the student bodies of each of the
three institutions governed by the Auraria board, and it shall elect one of its
members to fill one office on the Auraria board to serve for one term
beginning July 1. Said
THE elected STUDENT office shall be IS advisory,
without the right to vote. The elected
STUDENT member of the board shallMUST have resided in the state of Colorado not less than three years prior to
his or her THE MEMBER'S election. A VACANCY IN THE OFFICE OF THE
ELECTED STUDENT MEMBER SHALL BE FILLED BY REELECTION FOR THE
UNEXPIRED TERM
.
(d) (I) An advisory committee of six members who are full-time
faculty members shall be elected, two from each of the faculties of each of
the three institutions governed by the Auraria board, and it shall elect one
of its members to fill the remaining office on the Auraria board to serve for
one-year terms beginning each July 1. The committee shall select such a
member from the same institution only once in the same three-year period.
Said
THE elected FACULTY office shall be IS advisory, without the right to
vote. The elected
FACULTY member of the board shall
MUST have resided
PAGE 61-SENATE BILL 22-013 in the state of Colorado not less than three years prior to his or her THE
MEMBER
'S election. A VACANCY IN THE OFFICE OF THE ELECTED FACULTY
MEMBER SHALL BE FILLED BY REELECTION FOR THE UNEXPIRED TERM
.
(5) The Auraria board shall elect a chairman
CHAIR from among the
lay members of the board PUBLIC APPOINTED BY THE GOVERNOR who shall
act as chairman CHAIR at meetings of said board and as such board's
representative in official dealings with third parties.
SECTION 55. In Colorado Revised Statutes, 23-77-104, amend
(2)(b) and (2)(d) as follows:
23-77-104. Colorado student leaders institute - executive board
- duties. (2) (b) The appointed members of the executive board serve
two-year terms; and EXCEPT THAT THE TERMS SHALL BE STAGGERED SO
THAT NO MORE THAN FOUR MEMBERS
' TERMS EXPIRE IN THE SAME YEAR.
M
EMBERS may be appointed to successive two-year terms. except that, of
the members first appointed, the governor shall select four members to
serve one-year terms. The appointed members of the executive board serve
at the pleasure of the governor. If a vacancy arises on the executive board,
the governor shall appoint a person to fill the vacancy for the remainder of
the term.
(d) The governor shall appoint the initial members to the executive
board as soon as possible after June 6, 2015. In making appointments, the
governor shall attempt to appoint persons who are representative of the
gender and racial diversity within the state and who represent areas
throughout the state.
SECTION 56. In Colorado Revised Statutes, 24-20-502, amend
(3), (4)(b), and (7) as follows:
24-20-502. Membership and organization - definition. (3) Not
more than fifty percent
A MINIMUM MAJORITY of the voting members of the
commission plus one additional member, may be affiliated with the same
political party.
(4) (b) The governor shall make initial appointments to the
commission no later than September 1, 2018. Appointed Members
APPOINTED BY THE GOVERNOR serve terms of three years; except that THE
PAGE 62-SENATE BILL 22-013 TERMS SHALL BE STAGGERED SO THAT NO MORE THAN A MINIMUM MAJORITY
OF THE APPOINTED MEMBERS
' TERMS EXPIRE IN THE SAME YEAR.
(I) The initial terms of the members appointed pursuant tosubsections (1)(b)(III) to (1)(b)(V) of this section and of two of the
members appointed pursuant to subsection (1)(b)(IX) of this section shall
expire on August 31, 2019; and
(II) The initial terms of the members appointed pursuant to
subsections (1)(b)(I) and (1)(b)(II) of this section and two of the members
appointed pursuant to subsection (1)(b)(IX) of this section shall expire on
August 31, 2020.
(7) On or before January 1, 2020, and On or before January 1 of
each year, thereafter, the commission shall submit a report to the governor
summarizing the activities of the commission during the preceding year.
SECTION 57. In Colorado Revised Statutes, 24-21-402, amend
(1)(b) as follows:
24-21-402. Electronic recording technology board - creation -
enterprise status. (1) (b) Appointing authorities shall appoint the initial
board members for terms beginning on July 1, 2016, and the board shall
have its first meeting by August 15, 2016. All of the board members other
than the secretary of state, or his or her THE SECRETARY'S designee, serve
two-year terms; except that the initial term for the member appointed from
the title industry is three years and the term of two of the members
representing counties designated by the secretary of state is one year THE
TERMS SHALL BE STAGGERED SO THAT NO MORE THAN FIVE MEMBERS
' TERMS
EXPIRE IN THE SAME YEAR
.
SECTION 58. In Colorado Revised Statutes, 24-30-2203, amend
(2) as follows:
24-30-2203. Colorado disability funding committee. (2) Members
of the committee serve three-year terms; except that four members as
determined by the governor serve an initial term of one year, and four
members as determined by the governor serve an initial term of two years.
After the initial terms, every member serves a term of three years THE
TERMS SHALL BE STAGGERED SO THAT NO MORE T HAN FIVE MEMBERS
' TERMS
PAGE 63-SENATE BILL 22-013 EXPIRE IN THE SAME YEAR. The governor shall not appoint a member for
more than two consecutive terms.
SECTION 59. In Colorado Revised Statutes, 24-31-302, amend (3)
as follows:
24-31-302. Creation of board. (3) (a) The P.O.S.T. board shall
consist CONSISTS of twenty-four members. The chairperson CHAIR of the
P.O.S.T. board shall be IS the attorney general, and the board shall annually
elect from its members a vice-chairperson VICE-CHAIR. The other members
shall be:
(I) The special agent in charge of the Denver division of the federal
bureau of investigation;
(II) The executive director of the department of public safety
OR THE
EXECUTIVE DIRECTOR
'S DESIGNEE;
(III) T
HE FOLLOWING MEMBERS APPOINTED BY THE GOVERNOR FOR
TERMS OF THREE YEARS
:
(A) One local government representative;
(B) Six active chiefs of police from municipalities of this state or
state institutions of higher education;
(C) Six active sheriffs from counties of this state;
(D) Three active peace officers with a rank of sergeant or below;
and
(E) Five non-law enforcement members. The non-law enforcement
members shall complete a citizens' law enforcement academy prior to
appointment or within one year after appointment. The governor shall
appoint the chiefs of police, sheriffs, peace officers, the lay members, and
the local government representative as members of the board for terms of
three years per appointment.
(b) If any chief of police, sheriff, peace officer, lay NON-LAW
ENFORCEMENT
member, or local government representative vacates such
PAGE 64-SENATE BILL 22-013 office during the term for which THE MEMBER WAS appointed to the
P.O.S.T. board, a vacancy on the board shall exist EXISTS. Any vacancy
shall be filled by appointment by the governor for the unexpired term.
(c) In order to create a diversified board, the governor shall consider
an applicant's age, gender, race, professional experience, and geographic
location when making appointments to the board.
(d) In order to create diversified subject matter expertise
committees, the chair of the P.O.S.T. board shall consider an applicant's
age, gender, race, professional experience, and geographic location when
making appointments to the committees.
SECTION 60. In Colorado Revised Statutes, 24-32-706, amend
(1), (2), (3), (4), (7), and (8) as follows:
24-32-706. State housing board. (1) There is created, within the
division of housing, the state housing board. The board consists of seven
members appointed by the governor for terms of four years each, except as
provided in subsection (2) of this section GOVERNOR SHALL APPOINT ONE
MEMBER FROM EACH CONGRESSIONAL DISTRICT IN THE STATE
. THE MEMBER
MUST BE A QUALIFIED ELECTOR OF THE CONGRESSIONAL DISTRICT FROM
WHICH THE MEMBER IS APPOINTED
. In making appointments to the board, the
governor shall include representation by at least one member who is a
person with a disability, as defined in section 24-34-301 (2.5), a family
member of a person with a disability, or a member of an advocacy group for
persons with disabilities.
(2) Appointments made to take effect January 1, 1983, shall be made
in accordance with section 24-1-135. On and after January 1, 1983, and
prior to June 15, 1987, their successors shall be appointed for terms of six
years each. Persons holding office on June 15, 1987, are subject to the
provisions of section 24-1-137. Thereafter members shall be appointed for
terms of four years each. THE TERM OF OFFICE FOR A MEMBER IS FOUR
YEARS
; EXCEPT THAT THE TERMS SHALL BE STAGGERED SO THAT NO MORE
THAN A MINIMUM MAJORITY OF THE MEMBERS
' TERMS EXPIRE IN THE SAME
YEAR
. Members shall not serve more than two consecutive full terms. All
members shall be appointed with the consent of the senate.
(3) At least one member shall be appointed from each congressional
PAGE 65-SENATE BILL 22-013 district and shall be a qualified elector thereof. A vacancy on the board
occurs whenever any member moves out of the congressional district from
which he
THE MEMBER was appointed. A member who moves out of such
congressional district shall promptly notify the governor of the date of such
move, but such notice is not a condition precedent to the occurrence of the
vacancy. The governor shall fill the vacancy as provided in subsection (5)
of this section.
(4) Not more than four
A MINIMUM MAJORITY OF THE members shall
MAY be from AFFILIATED WITH any one political party.
(7) The board shall meet upon call of the chairman CHAIR or
whenever directed by the governor.
(8) The governor may remove any appointed member of the board
for malfeasance in office, for failure to regularly attend meetings, or for any
cause that renders said member incapable or unfit to discharge the duties of
his office MISCONDUCT, INCOMPETENCE, OR NEGLECT OF DUTY, and any such
removal, when made, shall not be subject to review.
SECTION 61. In Colorado Revised Statutes, 24-33.5-109, amend
(3), (5), and (8) as follows:
24-33.5-109. Cold case task force - creation - rules - repeal.
(3) (a) The members of the task force appointed pursuant to paragraphs (c)
to (h) of subsection (2) SUBSECTIONS (2)(c) TO (2)(i) of this section shall
serve terms of three years; except that the members first appointed by the
speaker of the house of representatives and the president of the senate shall
each serve a two-year term. The member of the task force appointed
pursuant to paragraph (i) of subsection (2) of this section shall serve a
three-year term EXCEPT THAT THE TERMS SHALL BE STAGGERED SO THAT NO
MORE THAN A MINIMUM MAJORITY OF THE APPOINTED MEMBERS
' TERMS
EXPIRE IN THE SAME YEAR
.
(b) The initial members shall be appointed by their appointing
authority within thirty days after June 1, 2007; except that the governor
shall appoint the initial member described in paragraph (i) of subsection (2)
of this section by September 1, 2012. An appointed member shall not serve
more than two consecutive full terms, in addition to any partial term. In the
event of a vacancy in an appointed position by death, resignation, removal
PAGE 66-SENATE BILL 22-013 for misconduct, incompetence, or neglect of duty, or otherwise, the
appointing authority shall appoint a member within sixty days to fill the
position for the remainder of the unexpired term.
(5) The task force shall meet at least four times a year. beginning
October 1, 2007.
(8) On or before October 1 2008, and annually each year, thereafter,
the task force shall report to the judiciary committees of the senate and the
house of representatives, or any successor committees, on the
implementation of this section.
SECTION 62. In Colorado Revised Statutes, 24-33.5-1204, amend
(2)(e) as follows:
24-33.5-1204. Voluntary education and training program -
voluntary certification of firefighters and hazardous materials
responders - advisory board. (2) (e) The governor shall initially appoint
six members described in paragraph (a) of this subsection (2) for terms of
four years each and the remaining five members for terms of two years
each. Thereafter, MEMBERS APPOINTED BY the governor shall appoint their
successors SERVE for terms of four years; each EXCEPT THAT THE TERMS
SHALL BE STAGGERED SO THAT NO MORE THAN SIX MEMBERS
' TERMS EXPIRE
IN THE SAME YEAR
. If any appointee vacates his or her
THE office during the
term for which
THE APPOINTEE WAS appointed to the advisory board, the
governor shall, by appointment, fill the vacancy for the unexpired term. The
advisory board shall annually elect from its members a chairperson
CHAIR
and a secretary.
SECTION 63. In Colorado Revised Statutes, 24-33.5-1703, amend
(3) and (8) as follows:
24-33.5-1703. Identity theft and financial fraud board - creation
- rules. (3) (a) The seven appointed members of the board shall serve terms
of three years; except that of the members first appointed, the representative
of a local police department, the representative of a payment processor, and
one of the three representatives of the depository institutions, as designated
by the governor, shall each serve a two-year term THE TERMS SHALL BE
STAGGERED SO THAT NO MORE THAN FOUR MEMBERS
' TERMS EXPIRE IN THE
SAME YEAR
.
PAGE 67-SENATE BILL 22-013 (b) The governor shall appoint members of the board within thirty
days after May 30, 2006; except that the governor shall appoint the
representative of a consumer or victim advocacy organization pursuant to
subparagraph (V) of paragraph (d) of subsection (2) of this section on or
before July 1, 2011. An appointed member shall not serve more than two
consecutive full terms, in addition to any partial term. In the event of a
vacancy in an appointed position by death, resignation, removal for
misconduct, incompetence, or neglect of duty, or otherwise, the governor
shall appoint a member to fill the position for the remainder of the
unexpired term.
(8) On or before October 1, 2012, and
On or before October 1 of
each even-numbered year, thereafter, the board shall report to the judiciary
committees of the senate and the house of representatives, or any successor
committees, on the implementation of this part 17 and the results achieved.
The report shall include, but need not be limited to, the items listed in
section 24-33.5-1706 (2).
SECTION 64. In Colorado Revised Statutes, 24-37.7-102, amend
(2) introductory portion, (2)(b), (2)(d)(II), (2)(e), (2)(f), (2)(h), and (5) as
follows:
24-37.7-102. Statewide internet portal authority - creation -
board. (2) The governing body of the authority shall be
IS a board of
directors that shall consist CONSISTS of the following fifteen voting
members:
(b) The head of one of the offices in the office of the governor
appointed by The governor OR THE GOVERNOR'S DESIGNEE;
(d) (II) The members from the private sector shall serve for terms
of four years; each; except that of those members first appointed to the
board, the terms of office shall be as follows: THE TERMS SHALL BE
STAGGERED SO THAT ONLY ONE MEMBER
'S TERM EXPIRES IN ONE YEAR.
(A) One shall be appointed for two years; and
(B) One shall be appointed for three years.
(e) One member representing the judicial department of the state
PAGE 68-SENATE BILL 22-013 appointed by the chief justice of the supreme court. If the appointee of the
chief justice is not able to attend a meeting of the board, a designee of the
person appointed by the chief justice may serve on the board if designated
in writing by the chief justice's appointee. The appointee of the chief justice
shall give written notice to the executive director
OF THE AUTHORITY of his
or her THE APPOINTEE'S designee.
(f) Two members of the senate, one of whom is appointed by the
president of the senate and one of whom is appointed by the minority leader
of the senate, and two members of the house of representatives, one of
whom is appointed by the speaker of the house of representatives and one
of whom is appointed by the minority leader of the house of representatives.
Each of these four members shall exhibit a background in information
management and technology or have experience as members of an oversight
committee for information management and technology. The appointment
of the members to the board by the minority leaders of the senate and house
of representatives shall be made as soon as practicable after May 28, 2013.
(h) The chief information officer of the office of information
technology created in section 24-37.5-103, or the chief information officer's
designee. The chief information officer shall give written notice to the
executive director
OF THE AUTHORITY of his or her
THE OFFICER'S designee.
(5) (a) Except as provided in paragraph (b) of this subsection (5)
SUBSECTION (5)(b) OF THIS SECTION, each member shall serve until his or
her A successor has been appointed. and qualified. The person making the
original appointment shall fill any vacancy by appointment for the
remainder of an unexpired term.
(b) The terms of the members appointed by the speaker of the house
of representatives and the president of the senate and who are serving on
May 28, 2013, are extended to and expire or terminate on the convening
date of the first regular session of the seventieth general assembly. The
terms of the members initially appointed by the minority leaders of the
senate and house of representatives expire or terminate on the convening
date of the first regular session of the seventieth general assembly. As soon
as practicable after such convening date, the speaker, the president, and the
minority leaders shall each appoint or reappoint one member in the same
manner as provided in paragraph (f) of subsection (2) of this section.
Thereafter, The terms of members appointed or reappointed by the speaker,
PAGE 69-SENATE BILL 22-013 the president, and the minority leaders shall expire on the convening date
of the first regular session of each general assembly, and all subsequent
appointments and reappointments by the speaker, the president, and the
minority leaders shall be made as soon as practicable after such convening
date. Members appointed or reappointed by the speaker, the president, and
the minority leaders shall
serve at the pleasure of the appointing authority
and shall continue in office until the member's successor is appointed.
SECTION 65. In Colorado Revised Statutes, amend 24-46-102 as
follows:
24-46-102. Colorado economic development commission -
creation - membership - definition. (1) Effective July 1, 1996, the
Colorado economic development commission is abolished and the terms of
the members of the commission serving as such immediately prior to June
30, 1996, are terminated.
(2) (1) There is hereby created the Colorado economic development
commission in the Colorado office of economic development, referred to
in this article
ARTICLE 46 as the "commission".
(3) (2) (a) The commission shall consist CONSISTS of the governor
or the governor's designee and eight TEN members who shall be appointed
no later than August 1, 1996, as follows:
(I) Four members shall be appointed by the governor, ONE OF WHOM
MUST BE FROM WEST OF THE CONTINENTAL DIVIDE AND ONE OF WHOM MUST
BE FROM THE EASTERN SLOPE FROM A PREDOMINANTLY RURAL AREA
;
(II) two THREE members shall be appointed by the speaker of the
house of representatives, and ONE OF WHOM MUST HAVE ADVANCED
INDUSTRY BUSINESS AND RESEARCH EXPERIENCE
. IN MAKING THIS
APPOINTMENT
, THE SPEAKER SHALL GIVE PREFERENCE TO A PERSON WHOSE
EXPERIENCE IS IN MORE THAN ONE ADVANCED INDUSTRY
.
(III) two
THREE members shall be appointed by the president of the
senate,
ONE OF WHOM MUST HAVE ADVANCED INDUSTRY BUSINESS AND
RESEARCH EXPERIENCE
. IN MAKING THIS APPOINTMENT , THE PRESIDENT
SHALL GIVE PREFERENCE TO A PERSON WHOSE EXPERIENCE IS IN MORE THAN
ONE ADVANCED INDUSTRY
.
PAGE 70-SENATE BILL 22-013 (b) A MEMBER OF THE GENERAL ASSEMBLY SHALL NOT BE APPOINTED
AS A MEMBER OF THE COMMISSION
.
(c) A
MEMBER SERVES AT THE PLEASURE OF THE MEMBER 'S
APPOINTING AUTHORITY
.
(b) On and after September 1, 2013, the commission includes two
additional members to represent advanced industries. The speaker of the
house of representatives and the president of the senate shall each appoint
one member, and these members must have advanced industry business and
research experience. In making these appointments, the speaker and the
president shall give preference to a person whose experience is in more than
one advanced industry.
(c) No member of the general assembly shall be appointed as a
member of the commission. The governor shall appoint at least one person
from west of the continental divide and one person from the eastern slope
predominately from the rural area. Members shall serve at the pleasure of
their appointing authority.
(d) As used in this subsection (3) SUBSECTION (2), "advanced
industry" means the following industries:
(I) Advanced manufacturing;
(II) Aerospace;
(III) Bioscience;
(IV) Electronics;
(V) Energy and natural resources;
(VI) Infrastructure engineering; and
(VII) Information technology.
(4)
(3) No later than July 1, 2018, and Each July 1, thereafter, the
commission shall schedule an orientation with office of economic
development staff in order to receive an official overview of the statutory
PAGE 71-SENATE BILL 22-013 requirements for a production company to earn a performance-based
incentive for film production in Colorado as set forth in sections
24-48.5-114 and 24-48.5-116.
SECTION 66. In Colorado Revised Statutes, 24-46-202, amend
(1)(b) as follows:
24-46-202. Venture capital authority - board - staffing fund -
bonds - enterprise fund - distribution of proceeds. (1) (b) (I) The
governing body of the authority shall be
IS a board of directors consisting
of nine members, of whom five shall be appointed by the governor, two
shall be appointed by the president of the senate, and two shall be appointed
by the speaker of the house of representatives. Board members shall
MUST
be residents of this state. Board members shall MUST have experience in
venture capital, investment banking, institutional investment, fund
management, or banking. A board member shall not have a business
relationship with a current or proposed fund manager in the previous three
years or for at least three years after an allocation of certified capital. Each
member shall serve until a successor has been appointed. and qualified.
Any
member shall be IS eligible for reappointment. The person making the
original appointment shall fill any vacancy by appointment for the
remainder of an unexpired term.
(II) (A) Subject to sub-subparagraph (B) of this subparagraph
(II),The members of the board shall serve four-year terms; expiring EXCEPT
THAT THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN FOUR
MEMBERS
' TERMS EXPIRE IN THE SAME YEAR. THE TERMS EXPIRE on May 5
of each year.
(B) The speaker and the president shall each appoint one member
with an initial term of two years and one member with an initial term of
three years. Of the members appointed by the governor, two shall have
initial terms of one year, two shall have initial terms of two years, and one
shall have an initial term of three years.
SECTION 67. In Colorado Revised Statutes, 24-48.5-303, amend
(2) as follows:
24-48.5-303. Council on creative industries - establishment of
council - members - term of office - chair - compensation. (2) On and
PAGE 72-SENATE BILL 22-013 after July 1, 1990, Members appointed to the council, except the chair, shall
hold office for terms of three years, commencing on July 1 of the year of
appointment. Members of the council, except the chair, shall
ARE not be
eligible to serve for more than two consecutive terms nor be eligible for
reappointment to the council during the three-year period following the
expiration of the second of two consecutive terms. Members of the council
shall hold office until the expiration of the appointed terms or until
successors are duly appointed. Any vacancy occurring on the council other
than by expiration of term shall be filled by the governor by the
appointment of a qualified person for the unexpired term.
SECTION 68. In Colorado Revised Statutes, 24-49.7-103, amend
(2)(b) introductory portion, (2)(c), and (3) as follows:
24-49.7-103. Colorado tourism office - creation - board of
directors - definitions. (2) (b) Eleven members shall be appointed by the
governor and confirmed by the senate. Two of such members shall represent
small business owners and two shall be residents of a small community. For
the purposes of AS USED IN this subsection (2), "small business" shall be
defined for each representative industry by the association that represents
that industry and "small community" shall mean a city or town with fewer
than fifty persons employed full-time in tourism-based industries in such
city or town or a permanent population of less than fifteen thousand people.
The governor shall appoint the initial members of the board on or before
August 1, 2000. Of the members appointed by the governor, two shall be
appointed at large from tourism-based industries and one member shall be
appointed from each of the following industries and groups from lists
submitted by such industries and groups:
(c) Two members shall be from the house of representatives to be
appointed as follows: One member shall be appointed by the speaker of the
house of representatives, and one member shall be appointed by the
minority leader of the house of representatives. Two members shall be from
the senate to be appointed as follows: One member shall be appointed by
the president of the senate, and one member shall be appointed by the
minority leader of the senate. The four legislative members shall be
appointed as soon as practicable after the convening date of the first regular
session of each general assembly. except that the initial four legislative
members appointed from the sixty-fifth general assembly shall be appointed
no later than August 1, 2005. Terms of members appointed pursuant to this
PAGE 73-SENATE BILL 22-013 paragraph (c) SUBSECTION (2)(c) shall expire on the convening date of the
first regular session of each general assembly. Subsequent appointments or
reappointments shall be made as soon as practicable after such convening
date, and members shall continue in office until the member's successor is
appointed. Legislative members may be appointed for succeeding terms as
long as they are serving as members of the general assembly. The person
making the original appointment shall fill any vacancy by appointment for
the remainder of an unexpired term.
(3) The term of each member appointed by the governor shall be
IS
four years; except that of such members initially appointed, two shall be
appointed for a term of one year, three shall be appointed for a term of two
years, three shall be appointed for a term of three years, and three shall be
appointed for a term of four years THE TERMS SHALL BE STAGGERED SO
THAT NO MORE THAN THREE MEMBERS
' TERMS EXPIRE IN THE SAME YEAR. A
member appointed by the governor to fill a vacancy arising other than by
expiration of a member's term shall be appointed for the unexpired term of
the member whom he or she is to succeed and any such appointment shall
be made within ninety days after the vacancy occurs. Any member
appointed by the governor shall be eligible for reappointment for one
additional four-year term.
SECTION 69. In Colorado Revised Statutes, 24-49.9-101, amend
(3)(c)(II) and (3)(c)(IV); and repeal (3)(c)(I) as follows:
24-49.9-101. Colorado channel authority - creation - legislative
declaration. (3) (c) (I) Of the members initially appointed to the board, the
members appointed by the governor each serve for terms of two years; the
member appointed by the chief justice serves for a term of two years; the
members of the house of representatives and the senate appointed by the
minority leaders of the house of representatives and the senate each serve
for a term of three years so long as they also serve as members of the house
of the general assembly from which they are appointed; the members of the
house of representatives and the senate appointed by the speaker of the
house of representatives and the president of the senate each serve for a
term of four years so long as they also serve as members of the house of the
general assembly from which they are appointed; and the member appointed
by the president of the senate and the speaker of the house of
representatives serves for a term of two years.
PAGE 74-SENATE BILL 22-013 (II) Thereafter, Members of the board appointed under subparagraph
(III), (IV), (V), or (VI) of paragraph (b) of this subsection (3) SUBSECTION
(3)(b)(III), (3)(b)(IV), (3)(b)(V), OR (3)(b)(VI) OF THIS SECTION serve for
terms of four years so long as they also serve as members of the house of
the general assembly from which they are appointed. and
Other members
of the board serve for terms of four years;
EXCEPT THAT THE TERMS SHALL
BE STAGGERED SO THAT NO MORE THAN THREE MEMBERS
' TERMS EXPIRE IN
THE SAME YEAR
.
(IV) An appointed member shall be
IS eligible for reappointment.
Members of the board may be removed by the appointing authorities for
cause, after a public hearing, and may be suspended by the appointing
authority pending the completion of the hearing.
SECTION 70. In Colorado Revised Statutes, 24-51-203, amend (1)
introductory portion, (1)(b), (1)(c), (1)(d), (1.5) introductory portion, and (3)
as follows:
24-51-203. Board - composition and election. (1) The board shall
consist CONSISTS of the following fifteen trustees:
(b) Four members of the state division elected by the members of
that division, at least one of whom shall be an employee of a state
institution of higher education and at least one of whom shall not be an
employee of a state institution of higher education until, on or after January
1, 2007, one of those trustee positions, unless it is the sole position held by
an employee of a state institution of higher education, is vacated and
thereafter there shall be Three members of the state division elected by the
members of that division, at least one of whom shall be an employee of a
state institution of higher education and at least one of whom shall not be
an employee of a state institution of higher education;
(c) Five members of the school division elected by the members of
that division until, on or after January 1, 2007, one of those trustee positions
is vacated and thereafter there shall be Four members of the school division
elected by the members of that division;
(d) Two members of the local government division elected by the
members of that division until, on or after January 1, 2007, one of those
trustee positions is vacated and thereafter there shall be One member of the
PAGE 75-SENATE BILL 22-013 local government division elected by the members of that division;
(1.5) In addition to the board members specified in subsection (1)
of this section, there shall be one ex officio board member from the Denver
public schools division. The first term of the ex officio board member
appointed pursuant to this subsection (1.5) shall be from May 21, 2009,
until December 31, 2009, and the person to serve such term shall be
appointed by the Denver public schools retirement system board of trustees.
The second term of the ex officio member shall be from January 1, 2010,
through June 30, 2012, and the person to serve such term shall be appointed
by the Denver public schools board of education. The ex officio board
member to serve for the term starting July 1, 2012, and each term thereafter
shall be elected by the Denver public schools division through a Denver public schools division member election administered by the association. The Denver public schools division ex officio member position shall exist
EXISTS so long as the Denver public schools division remains as a separate
division of the association. The Denver public schools division ex officio
member shall be a member or retiree of the Denver public schools division
and shall be treated like all other members of the board, subject to the
following:
(3) The term for each of the initial three appointed
trustees shall be
determined APPOINTED by the governor and shall be staggered with a
one-year term, a two-year term, and a three-year term with no trustee
assigned the same term length. After each of the initial terms conclude, the
term for appointed trustees shall be IS four years; EXCEPT THAT THE TERMS
SHALL BE STAGGERED SO THAT NO MORE THAN ONE TRUSTEE
'S TERM EXPIRES
IN ONE YEAR
. Appointed trustees may be reappointed to the board for an
unlimited number of terms.
SECTION 71. In Colorado Revised Statutes, 24-80-201.5, amend
(2)(b) as follows:
24-80-201.5. State historical society - board - appointment -
powers and duties. (2) (b) Except as otherwise provided in this subsection
(2)(b), members of the board serve three-year terms. Of the appointments
of members to fill the four new positions created on October 1, 2018, the
governor shall designate:
(I) One member of the board to have a term expiring on July 1,
PAGE 76-SENATE BILL 22-013 2019;
(II) One member of the board to have a term expiring on July 1,
2020; and
(III) Two members of the board to have terms expiring on July 1,
2021. Thereafter, The terms of the members of the board are three years;
EXCEPT THAT THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN
FIVE MEMBERS
' TERMS EXPIRE IN THE SAME YEAR.
SECTION 72. In Colorado Revised Statutes, 24-82-108, amend
(2)(a) as follows:
24-82-108. State capitol building advisory committee - creation
- repeal. (2) (a) (I) The state capitol building advisory committee shall becomposed CONSISTS of the following twelve members:
(A) Three members appointed by the speaker of the house of
representatives, at least one of whom shall be a member of the house of
representatives who has served at least one year in the house of
representatives;
(B) Three members appointed by the president of the senate, at least
one of whom shall be a member of the senate who has served at least one
year in the senate;
(C) Three
FOUR members appointed by the governor, AT LEAST ONE
OF WHOM MUST BE
an architect appointed by the governor,
who is a person
knowledgeable about the historic and architectural integrity of the state
capitol building; and
(D) The following ex officio members: The president of the state
historical society or a designee of the president; and the executive director
of the department of personnel or a designee of the executive director. Of
the members scheduled to be appointed by the speaker of the house of
representatives on July 1, 2001, one shall serve a term of one year and two
shall serve terms of two years. Except as provided in subparagraph (II) of
this paragraph (a), all members appointed by the speaker of the house of
representatives thereafter shall serve two-year terms. Of the members
scheduled to be appointed by the president of the senate on July 1, 2001,
PAGE 77-SENATE BILL 22-013 one shall serve a term of one year and two shall serve terms of two years.
Except as provided in subparagraph (II) of this paragraph (a), all members
appointed by the president of the senate thereafter shall serve two-year
terms. Of the members scheduled to be appointed by the governor on July
1, 2000, one member shall serve a term of one year, one member shall serve
a term of two years, and two members shall serve terms of three years.
(II) All members appointed by the governor thereafter shall serve
two-year terms;
EXCEPT THAT THE TERMS SHALL BE STAGGERED SO THAT NO
MORE THAN THREE MEMBERS
' TERMS EXPIRE IN THE SAME YEAR.
(II)
(III) The terms of the members appointed by the speaker of the
house of representatives and the president of the senate and who are serving
on March 22, 2007, shall be extended to and expire on or shall terminate on
the convening date of the first regular session of the sixty-seventh general
assembly. As soon as practicable after such convening date, the speaker and
the president shall appoint or reappoint members in the same manner as
provided in subparagraph (I) of this paragraph (a). Thereafter, The terms of
members appointed or reappointed by the speaker and the president shall
expire on the convening date of the first regular session of each general assembly, and all subsequent appointments and reappointments by the speaker and the president shall be made as soon as practicable after such convening date. The person making the original appointment or reappointment shall fill any vacancy by appointment for the remainder of an unexpired term. Members appointed or reappointed by the president and the speaker shall
serve at the pleasure of the appointing authority and shall
continue in office until the member's successor is appointed.
SECTION 73. In Colorado Revised Statutes, amend 25-1-103 as
follows:
25-1-103. State board of health created. (1) (a) There is created
a THE state board of health, referred to in this part 1 as the "board". The
board consists of nine THE FOLLOWING members of which one member must
be appointed by the governor, with the consent of the senate:
(I) O
NE MEMBER from each congressional district IN THE STATE; and
(II) the remainder
TWO MEMBERS from the state at large.
PAGE 78-SENATE BILL 22-013 (b) A vacancy on the board occurs whenever any member moves out
of the congressional district from which he or she THE MEMBER was
appointed. A member who moves out of such congressional district shall
promptly notify the governor of the date of his or her
THE MEMBER'S move,
but the notice is not a condition precedent to the occurrence of REQUIRED
FOR
the vacancy TO OCCUR. The governor shall fill the
ANY vacancy by
appointment for the unexpired term.
(c) No more than five A MINIMUM MAJORITY OF THE members of the
board shall MAY be members of AFFILIATED WITH the same major political
party.
(d) Appointments made to take effect on January 1, 1983, shall be
made in accordance with section 24-1-135. Appointments thereafter are
made, with the consent of the senate, for terms of four years each and made
so THE TERM OF OFFICE FOR EACH APPOINTED MEMBER IS FOUR YEARS . IN
MAKING APPOINTMENTS TO THE BOARD
, THE GOVERNOR SHALL ENSURE that
no business or professional group constitutes a majority of the board. In
making appointments to the board, the governor is encouraged to include
representation by at least one member who is a person with a disability, as
defined in section 24-34-301 (2.5), a family member of a person with a
disability, or a member of an advocacy group for persons with disabilities
if the other requirements of this subsection (1) are met.
(2) The first vacancy that occurs on the board after July 1, 1977,
shall be filled by the appointment of a person who is then serving as a
county commissioner. Thereafter, as vacancies occur and terms expire,
There shall always be one county commissioner member on the board.
Whenever a county commissioner ceases to hold the office of county
commissioner, he
THE COMMISSIONER ceases to hold his A position as a
member of the board. A county commissioner shall not vote on any matter
coming before the board which
THAT affects his THE COMMISSIONER'S
county in a manner significantly different from the manner in which it affects other counties.
SECTION 74. In Colorado Revised Statutes, 25-1-107.5, amend
(6)(a) introductory portion as follows:
25-1-107.5. Additional authority of department - rules -
remedies against nursing facilities - criteria for recommending
PAGE 79-SENATE BILL 22-013 assessments for civil penalties - cooperation with department of health
care policy and financing - nursing home penalty cash fund - nursing
home innovations grant board - reports - transfer of contracts to the
department. (6) (a) No later than September 1, 2014, the department of
health care policy and financing shall establish the nursing home
innovations grant board under the department of health care policy and
financing either directly or by contract with or grant to any public agency
or appropriate private nonprofit organization THE NURSING HOME
INNOVATIONS GRANT BOARD IS CREATED
. On and after July 1, 2021, the
powers, duties, and functions related to the board are transferred from the
department of health care policy and financing to the department by a type
2 transfer as such transfer is defined in the "Administrative Organization
Act of 1968", article 1 of title 24. The department, in consultation with
stakeholders, shall determine the appropriate entity to administer the board.
The board consists of ten members as follows:
SECTION 75. In Colorado Revised Statutes, 25-3-115, amend
(1)(a) introductory portion as follows:
25-3-115. Stroke advisory board - creation - membership -
duties - report - definition - repeal. (1) (a) There is hereby
created in the
department the stroke advisory board, the purpose of which is to evaluate
potential strategies for stroke prevention and treatment and develop a
statewide needs assessment identifying relevant resources. No later than
August 1, 2013, The governor shall appoint eighteen members to the stroke
advisory board as follows:
SECTION 76. In Colorado Revised Statutes, 25-7-103.5, amend
(3)(d) and (3)(f) as follows:
25-7-103.5. Air quality enterprise - legislative declaration - fund
- definitions - gifts, grants, or donations - rules - report - repeal.
(3) Enterprise. (d) (I) The enterprise is governed by a board of directors.
The board consists of:
(A) The executive director or the executive director's designee;
(B) T
HE FOLLOWING MEMBERS APPOINTED BY THE GOVERNOR : Two
members of the commission; appointed by the governor,
two governor
appointees to serve as representatives of fee payers with expertise in field
PAGE 80-SENATE BILL 22-013 engineering or environmental management; one governor appointee
MEMBER with significant private sector experience in the field of business
management; and four governor appointees MEMBERS who are highly
qualified and professionally active or engaged in the conduct of scientific
research, including at least two who are experts in atmospheric or air quality
modeling, monitoring, assessment, and research and one member who is a
toxicologist, epidemiologist, pathologist, pulmonologist, cardiologist, or
expert in a similar field related to the public health or environmental effects
of air pollutants.
(II) To the extent practicable, at least two of the governor appointees
must be individuals who have a record of peer-reviewed publications and
who are affiliated with, currently hold, or have held academic or equivalent
appointments at universities, federal laboratories, or other research
institutions.
(f) The term of office of appointed board members is three years.
except that the initial terms of two board members as determined by the
executive director or the executive director's designee are two years.
SECTION 77. In Colorado Revised Statutes, 25-7-109.2, amend
(4) as follows:
25-7-109.2. Small business stationary source technical and
environmental compliance assistance program - repeal. (4) The terms
of those members of the panel initially appointed by the governor, the
speaker of the house of representatives, and the minority leader of the house
of representatives shall expire on January 31, 1994. The terms of those
members initially appointed by the president of the senate, the minority
leader of the senate, and the executive director of the department of public
health and environment shall expire on January 31, 1995. Thereafter,
Members of the panel shall serve for terms of three years; such terms to
commence EXCEPT THAT THE TERMS SHALL BE STAGGERED SO THAT NO
MORE THAN FOUR MEMBERS
' TERMS EXPIRE IN THE SAME YEAR. EACH TERM
COMMENCES
on February 1 of the year of appointment. Vacancies occurring
during the term of office of any member of the panel shall be filled for the
unexpired portion of the regular term in the same manner as for the original
appointment.
SECTION 78. In Colorado Revised Statutes, 25-7-1303, amend (4)
PAGE 81-SENATE BILL 22-013 as follows:
25-7-1303. Southern Ute Indian tribe/state of Colorado
environmental commission created. (4) The commission shall consist
CONSISTS of three members appointed by the tribe and three members
appointed by the governor. The initial members appointed by the governor
shall serve terms as follows: One member shall serve until July 1, 2001, one
member shall serve until July 1, 2002, and one member shall serve until
July 1, 2003. All subsequent Appointments by the governor shall be for
terms of three years;
EXCEPT THAT THE TERMS SHALL BE STAGGERED SO
THAT NO MORE THAN TWO MEMBERS
' TERMS EXPIRE IN THE SAME YEAR. The
governor's appointees shall be residents of the state of Colorado. At least
two of such appointees shall be residents of either Archuleta or La Plata
county and at least one of such appointees shall reside on fee land.
SECTION 79. In Colorado Revised Statutes, 25-8-201, amend
(1)(a) as follows:
25-8-201. Water quality control commission created.
(1) (a) There is hereby
created in the department of public health and
environment a water quality control commission which THAT shall exercise
its powers and perform its duties and functions as if it were transferred to
said department by a type 1 transfer. The commission shall consist
CONSISTS of nine citizens of the state who shall be appointed by the
governor, with the consent of the senate, for terms of three years; each;
except that of the members appointed to take office in 1984, one shall be
appointed for a one-year term, one shall be appointed for a two-year term,
and three shall be appointed for three-year terms THE TERMS SHALL BE
STAGGERED SO THAT NO MORE THAN FIVE MEMBERS
' TERMS EXPIRE IN THE
SAME YEAR
. Members of the commission shall be appointed so as to achieve
geographical representation and to reflect the various interests in water in
the state. At least two members shall reside in that portion of the state which
THAT is west of the continental divide.
SECTION 80. In Colorado Revised Statutes, 25-8.5-105, amend
(1)(d) as follows:
25-8.5-105. Authority members. (1) The following entities shall
be members of the authority:
PAGE 82-SENATE BILL 22-013 (d) A total of seven members shall be appointed by the governor to
represent sports persons, recreational users, and concerned citizens. A
minimum of two of these appointees shall be residents of Colorado and
shall be from bona fide sports persons' or recreational organizations that
have members who use the reservoir. A minimum of two of these
appointees shall be from bona fide citizen or environmental organizations
interested in preserving water quality with members who use the reservoir
or live within Cherry Creek basin. At least three of the appointed members
shall have backgrounds in or professional training regarding water quality
issues. A simple majority of the appointed members shall be appointed to
four-year terms, the remainder shall be appointed to initial two-year terms,
and the members appointed to fill the vacancies upon expiration of such
two-year terms shall serve four-year terms. The governor may replace any
appointed member with a new member by appointment every four years
THE TERM OF APPOINTMENT IS FOUR YEARS; EXCEPT THAT THE TERMS SHALL
BE STAGGERED SO THAT NO MORE THAN FOUR MEMBERS
' TERMS EXPIRE IN
THE SAME YEAR
.
SECTION 81. In Colorado Revised Statutes, 25-9-103, amend (1)
introductory portion and (2) as follows:
25-9-103. Water and wastewater facility operators certification
board - composition - repeal of article. (1) There is hereby
created the
water and wastewater facility operators certification board, which
constitutes a section of the division of administration of the department and
consists of the following ten members
APPOINTED BY THE GOVERNOR :
(2) All members of the board shall be appointed by the governor.
At
least four of the voting members of the board shall be certified water or
wastewater facility operators, including representatives of both the water
and wastewater industries.
SECTION 82. In Colorado Revised Statutes, 25-15-302, amend
(1)(a) as follows:
25-15-302. Solid and hazardous waste commission - creation -
membership - rules - fees - administration - definition. (1) (a) There is
hereby
created in the department of public health and environment a THE
solid and hazardous waste commission, referred to in this part 3 as the "commission", which shall exercise its powers and perform its duties and
PAGE 83-SENATE BILL 22-013 functions as if it were transferred to said department by a type 1 transfer.
The commission shall consist CONSISTS of nine citizens of the state who
shall be appointed by the governor, with the consent of the senate, for terms
of three years; each;
except that of the members appointed to take office
initially, three shall be appointed for one-year terms, three shall be
appointed for two-year terms, and three shall be appointed for three-year
terms THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN THREE
MEMBERS
' TERMS EXPIRE IN THE SAME YEAR. Members of the commission
shall be appointed so as to achieve geographical representation and to
reflect the various interests in waste management in the state.
SECTION 83. In Colorado Revised Statutes, 25-20.5-406, amend
(2)(a) introductory portion as follows:
25-20.5-406. State review team - creation - membership -
vacancies. (2) (a) On or before September 1, 2013,
The governor shall
appoint eighteen voting members of the state review team specified in this
paragraph (a)
SUBSECTION (2)(a) as follows:
SECTION 84. In Colorado Revised Statutes, 25-25-104, amend (2)
and (3)(a) as follows:
25-25-104. Colorado health facilities authority - creation -
membership - appointment - terms - vacancies - removal. (2) The
governing body of the authority shall be IS a board of directors, which shall
consist CONSISTS of seven members to be appointed by the governor, with
the consent of the senate. Such THE members shall be residents of the state.
No more than four of the members shall be of MAY BE AFFILIATED WITH the
same political party. The members of the board first appointed shall serve
for terms to be designated by the governor, expiring on June 30 of each year
beginning in 1978 and ending in 1984. Persons holding office on June 15,
1987, are subject to the provisions of section 24-1-137, C.R.S. Thereafter,
upon the expiration of the term of any member, his successor MEMBERS OF
THE BOARD
shall be appointed for a term
TERMS of four years; EXCEPT THAT
THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN THREE MEMBERS
'
TERMS EXPIRE IN THE SAME YEAR. Each member shall serve until his
THE
MEMBER
'S resignation or, in the case of a member whose term has expired,
until his
A successor has been appointed. and qualified. Any member shall
be eligible for reappointment. The governor shall fill any vacancy by
appointment for the remainder of an unexpired term. Any member
PAGE 84-SENATE BILL 22-013 appointed by the governor when the general assembly is not in regular
session, whether appointed for an unexpired term or for a full term, shall be
deemed to be duly appointed and qualified until the appointment of such
member is approved or rejected by the senate. Such appointment shall be
submitted to the senate for its approval or rejection during the next regular
session of the general assembly following the appointment.
(3) (a) Any member of the board may be removed by the governor
for misfeasance, malfeasance, willful neglect of duty, or other cause. after
notice and a public hearing, unless such notice and hearing shall be
expressly waived in writing.
SECTION 85. In Colorado Revised Statutes, 25.5-1-301, amend
(1) and (2) as follows:
25.5-1-301. Medical services board - creation. (1) (a) There is
created in the state department a THE medical services board, referred to in
this part 3 as the "board". The board consists of eleven members appointed
by the governor with the consent of the senate
AS FOLLOWS:
(I) O
NE MEMBER FROM EACH CONGRESSIONAL DISTRICT IN THE
STATE
; AND
(II) THREE MEMBERS FROM THE STATE AT LARGE .
(b) The governor shall appoint persons to the board who have
knowledge of medical assistance programs, and one or more of the
appointments may include a person or persons who have received services
through programs administered by the department within two years of the
date of appointment.
(c) No more than six
A MINIMUM MAJORITY OF THE members of the
board shall be members of MAY BE AFFILIATED WITH the same political
party. Of the eleven members appointed to the board, at least one must be
appointed from each congressional district.
(d) In making appointments to the board, the governor shall include:
(I) O
NE MEMBER FROM THE PRIVATE SECTOR WHO HAS EXPERIENCE
WITH THE DELIVERY OF HEALTH CARE
;
PAGE 85-SENATE BILL 22-013 (II) ONE MEMBER WHO HAS EXPERIENCE OR EXPERTISE IN CARING
FOR MEDICALLY UNDERSERVED CHILDREN
; AND
(III) Representation by at least one member who is a person with a
disability, as defined in section 24-34-301 (2.5), a family member of a
person with a disability, or a member of an advocacy group for persons with
disabilities, provided that the other requirements of this subsection (1) are
met.
(2) Members shall serve
EACH MEMBER SERVES at the pleasure of
the governor for a term of four years; except that of the members first
appointed, three shall serve for a term of two years and three shall serve for
a term of three years. On July 1, 2001, the governor shall appoint one
member from the private sector to the board who shall have experience with
the delivery of health care, who shall be appointed for a term of two years,
and one member who shall have experience or expertise in caring for
medically underserved children, who shall be appointed for a term of three
years THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN A MINIMUM
MAJORITY OF MEMBERS
' TERMS EXPIRE IN THE SAME YEAR.
SECTION 86. In Colorado Revised Statutes, 25.5-1-602, amend
(1) introductory portion, (1)(d), and (2) as follows:
25.5-1-602. Commission created - composition - terms of office.
(1) There is hereby
created, in the department of health care policy and
financing, the commission on family medicine, referred to in this part 6 as
the "commission". No more than four members of the commission
appointed by the governor pursuant to subsection (1)(d) of this section may
be members of the same major political party. A vacancy on the commission
occurs whenever any health-care consumer member moves out of the
congressional district from which he or she was appointed. A health-care
consumer member who moves out of the congressional district shall
promptly notify the governor of the date of the move, but notice is not a
condition precedent to the occurrence of the vacancy. The governor shall
fill the vacancy by appointment for the unexpired term. The commission
consists of the following members:
(d) A health-care consumer to be appointed by the governor from
each congressional district in the state. N
O MORE THAN A MINIMUM
MAJORITY OF THE MEMBERS OF THE COMMISSION APPOINTED BY THE
PAGE 86-SENATE BILL 22-013 GOVERNOR PURSUANT TO THIS SUBSECTION (1)(d) MAY BE AFFILIATED WITH
THE SAME POLITICAL PARTY
. A VACANCY ON THE COMMISSION OCCURS
WHENEVER ANY HEALTH
-CARE CONSUMER MEMBER MOVES OUT OF THE
CONGRESSIONAL DISTRICT FROM WHICH THE MEMBER WAS APPOINTED
. A
HEALTH-CARE CONSUMER MEMBER WHO MOVES OUT OF THE
CONGRESSIONAL DISTRICT SHALL PROMPTLY NOTIFY THE GOVERNOR OF THE
DATE OF THE MOVE
, BUT NOTICE IS NOT NECESSARY FOR THE VACANCY TO
OCCUR
. THE GOVERNOR SHALL FILL THE VACANCY IN ACCORDANCE WITH
SUBSECTION
(2) OF THIS SECTION.
(2) The members appointed under subsection (1)(d) of this section
serve three-year terms. All members serve at the pleasure of the governor.
T
HE GOVERNOR SHALL FILL ANY VACANCY BY APPOINTMENT FOR THE
REMAINDER OF THE UNEXPIRED TERM
.
SECTION 87. In Colorado Revised Statutes, amend 25.5-4-203 as
follows:
25.5-4-203. Advisory council established. (1) There is hereby
created a THE state medical assistance and services advisory council,
referred to in this article ARTICLE 4 as the "advisory council", consisting of
sixteen members,
AS FOLLOWS:
(a) Ex officio members of the advisory council shall be
The
executive directors DIRECTOR of the state department and the EXECUTIVE
DIRECTOR OF THE
department of health, THE EXECUTIVE DIRECTORS '
DESIGNEES, or their
THE EXECUTIVE DIRECTORS' successors in function, AS
EX OFFICIO MEMBERS
; AND
(b) The remaining members of the advisory council shall beFOURTEEN MEMBERS, appointed by the governor and shall be chosen by him
THE GOVERNOR to represent the various areas of medical services and the
public
AS FOLLOWS:
(I) Specifically included shall be
Two members who are doctors of
medicine licensed in this state;
(II) One
MEMBER WHO IS A doctor of osteopathy licensed in this
state;
PAGE 87-SENATE BILL 22-013 (III) One MEMBER WHO IS A dentist licensed in this state;
(IV) One
MEMBER WHO IS AN optometrist licensed in this state;
(V) One
MEMBER WHO IS AN owner or operator of a licensed nursing
facility in this state;
(VI) One member who shall represent
REPRESENTS licensed
hospitals in this state;
(VII) One
MEMBER WHO IS A pharmacist licensed in this state;
(VIII) One
MEMBER WHO IS A professional nurse licensed in this
state;
(IX) One member who has provided home health-care services for
three years; and
(X) Three members who are not directly associated with the areas
of medical services to represent the public;
AND
(XI) The remaining
ONE member WHO may represent any other area
of medical services not specifically enumerated but shall not be limited
thereto.
(2) Members shall
serve at the pleasure of the governor and shall
receive no compensation but shall be reimbursed ARE ENTITLED TO
REIMBURSEMENT
for their actual and necessary expenses. The advisory
council shall advise the state department on the provision of health and
medical care services to recipients.
SECTION 88. In Colorado Revised Statutes, 26-1-107, amend (1)
and (5)(c) as follows:
26-1-107. State board of human services - rules. (1) (a) There is
created the state board of human services, referred to in this section as the
"state board". The state board consists of nine members appointed by the
governor, with the consent of the senate, for terms of four years. each.
THE
MEMBERS APPOINTED TO THE BOARD MUST BE RESIDENTS OF THE STATE OF
COLORADO. THE GOVERNOR MAY REMOVE A MEMBER OF THE BOARD FOR
PAGE 88-SENATE BILL 22-013 MISCONDUCT, INCOMPETENCE, OR NEGLECT OF DUTY.
(b) In making appointments to the board, the governor shall include
representation by at least THE BOARD CONSISTS OF:
(I) One member who is a person with a disability, as defined in
section 24-34-301 (2.5), a family member of a person with a disability, or
a member of an advocacy group for persons with disabilities;
(II) (A) T
HREE MEMBERS WHO SERVE AS COUNTY COMMISSIONERS
OF ONE OF THE STATE
'S COUNTIES.
(B) I
F A BOARD MEMBER WHO IS CONCURRENTLY SERVING AS A
COUNTY COMMISSIONER CEASES TO SERVE AS A C OUNTY COMMISSIONER
, THE
MEMBER
'S SEAT ON THE STATE BOARD SHALL BE DEEMED VACANT , AND THE
GOVERNOR SHALL APPOINT A NEW COUNTY COMMISSIONER TO FILL THE
VACANCY
.
(C) A
COUNTY COMMISSIONER, IN THE COMMISSIONER'S ROLE AS A
BOARD MEMBER
, SHALL NOT VOTE ON ANY MATTER COMING BEFORE THE
STATE BOARD THAT AFFECTS THE COMMISSIONER
'S COUNTY IN A MANNER
DIFFERENT FROM OTHER COUNTIES
.
(III) F
IVE MEMBERS WHO ARE FROM THE PUBLIC AT LARGE .
(b) As vacancies occur, on and after July 1, 1973, appointments
shall be made so that three of the members of the state board shall be
appointed from among persons who are serving as county commissioners
in this state. Whenever a county commissioner serving as a member of the
state board ceases to hold the office of county commissioner, a vacancy on
the state board shall occur, and the governor shall fill the vacancy by the
appointment of a person who at the time is serving as a county
commissioner. A county commissioner shall not vote on any matter coming
before the state board which affects the county in which he is serving as
commissioner in a manner different from other counties.
(5) (c) Any rules adopted by the executive director to implement the
provisions of this title TITLE 26 or title 27, C.R.S., prior to March 25, 2009,
whose content meets the definition of "board rules" shall continue to be
effective until revised, amended, or repealed by the state board.
PAGE 89-SENATE BILL 22-013 SECTION 89. In Colorado Revised Statutes, 26-6.8-103, amend
(1) as follows:
26-6.8-103. Tony Grampsas youth services board - members -
duties. (1) (a) There is hereby created the Tony Grampsas youth services
board. consisting THE BOARD CONSISTS of THE FOLLOWING MEMBERS :
(I) Four adult members appointed by the governor;
(II) Two youth members appointed by the governor;
(III) Three adult members appointed by the speaker of the house of
representatives;
(IV) Two adult members appointed by the president of the senate;
and
(V) One adult member appointed by the minority leader of the
senate. For the initial appointments, the governor shall appoint members to
the board after the speaker of the house of representatives and the president
and the minority leader of the senate have made appointments.
(b) No more than seven of the members appointed to the board shall
be members of MAY BE AFFILIATED WITH the same political party.
(b) (c) In addition to the appointed board members, the executive
director
OR THE EXECUTIVE DIRECTOR'S DESIGNEE shall serve as a member
of the board.
(c) At the first meeting of the board, the members of the board shallchoose a chairperson and a vice-chairperson.
(d) (I) In appointing adult members to the board, the governor, the
speaker of the house of representatives, and the president and the minority
leader of the senate shall:
(A) Choose persons who have a knowledge and awareness of
innovative strategies for youth crime prevention and intervention services
and for reducing the occurrence and reoccurrence of child abuse and
neglect; and
PAGE 90-SENATE BILL 22-013 (B) Appoint one or more persons who possess knowledge and
awareness of early childhood care and education. For purposes of this
sub-subparagraph (B) AS USED IN THIS SUBSECTION (1)(d)(I)(B), "early
childhood" means younger than nine years of age.
(II) In appointing members to the board, the speaker of the house of
representatives and the president of the senate shall each appoint at least
one person who has a knowledge and awareness of student issues, including
the causes of student dropout in secondary schools, as well as innovative
strategies for reducing the dropout rate among secondary school students.
(III) In appointing members to the board, the governor shall:
(A) Appoint at least one person who is representative of a minority
community;
(B) Appoint at least one person who is knowledgeable in the area of
child abuse prevention; and
(C) Appoint at least one person who is knowledgeable in the area of
community planning for youth violence prevention.
(IV) In appointing youth members to the board, the governor shall
appoint members who are at least fifteen years of age and younger than
twenty-six years of age.
(e) T
HE BOARD SHALL CHOOSE A CHAIR AND VICE -CHAIR FROM
AMONG ITS MEMBERS
.
(e)
(f) (I) The appointed members of the board shall serve three-year
terms; except that of the members first appointed, one of the members
appointed by the governor shall serve a two-year term, two of the members
appointed by the governor shall serve one-year terms, one of the members
appointed by the speaker of the house of representatives shall serve a
two-year term, and one of the members appointed by the president of the
senate shall serve a two-year term. The respective appointing person shall
choose those members who shall serve initial shortened terms THE TERMS
OF APPOINTED MEMBERS SHALL BE STAGGERED SO THAT NO MORE THAN A
MINIMUM MAJORITY OF THE APPOINTED MEMBERS
' TERMS EXPIRE IN THE
SAME YEAR
. If a vacancy arises in one of the appointed offices, the authority
PAGE 91-SENATE BILL 22-013 making the original appointment shall fill the vacancy for the remainder of
the term.
(II) Adult members of the board shall serve without compensation
but may be reimbursed out of available appropriations for actual and
necessary expenses incurred in the performance of their duties. Youth
members of the board may receive a per diem as compensation for their
service, which per diem may not exceed thirty dollars for each day upon
which each youth member performs his or her
THE MEMBER'S duties for the
board. Youth members of the board may also be reimbursed out of available
appropriations for actual and necessary expenses incurred in the
performance of their duties.
(f)
(g) The board is authorized to meet, when necessary, via
telecommunications.
SECTION 90. In Colorado Revised Statutes, amend 26-11-101 as
follows:
26-11-101. Commission on the aging created. (1) (a) There is
hereby created in the state department the Colorado commission on the
aging, referred to in this article ARTICLE 11 as the "commission". which
shall consist of seventeen THE COMMISSION CONSISTS OF members
appointed by the governor, with the consent of the senate,
AS FOLLOWS:
(I) Two members shall be appointed
from each congressional district
of the state, one of whom shall be from each major WHO MUST NOT BE
AFFILIATED WITH THE SAME
political party. and, after July 1, 1976, andthereafter when a vacancy occurs, one of such members shall AT LEAST ONE
MEMBER APPOINTED PURSUANT TO THIS SUBSECTION
(1)(a)(I) MUST be from
west of the continental divide;
(II) O
NE MEMBER FROM THE STATE AT LARGE ;
(III) O
NE MEMBER FROM THE MEMBERSHIP OF THE SENATE ; AND
(IV) ONE MEMBER FROM THE MEMBERSHIP OF THE HOUSE OF
REPRESENTATIVES
.
(b) A vacancy on the commission occurs whenever any member
PAGE 92-SENATE BILL 22-013 moves out of the congressional district from which he or she was appointed.
Any member who moves out of such congressional district shall promptly
notify the governor of the date of such move, but such notice is not a
condition precedent to the occurrence of the vacancy. The governor shall
fill the vacancy as provided in subsection (2) of this section. Appointments
made to take effect on January 1, 1983, shall be made in accordance with
section 24-1-135, C.R.S. No more than nine A MINIMUM MAJORITY OF
members of the commission shall be members of MAY BE AFFILIATED WITH
the same major political party. One member shall be appointed from the
state at large, one member shall be appointed from among the membership
of the senate, and one member shall be appointed from among the
membership of the house of representatives.
(c) Appointments to the commission shall comply with the
requirements of the rules and regulations of the United States department
of health and human services promulgated pursuant to Public Law 93-29,
known as the "Older Americans Comprehensive Services Amendments of
1973",
AS AMENDED, as such rules and regulations appear in section 903.50
(c) PART 90 of title 45 of the code of federal regulations.
(d) In making appointments to the commission, the governor is
encouraged to include representation by at least one member who is a
person with a disability, a family member of a person with a disability, or
a member of an advocacy group for persons with disabilities, provided that
the other requirements of this subsection (1) are met.
(2) All members of the commission shall be appointed for terms of
four years, each,
commencing July 1 in the year of appointment.
Appointments to fill vacancies shall be for the unexpired term of the
vacated office and shall be made in the same manner as original
appointments.
(3) (a) Whenever a member of the senate or house of representatives
serving as a member of the commission ceases to hold his
office in the
senate or house of representatives, a vacancy on the commission shall occur
IS CREATED, and the governor shall fill the vacancy by the appointment of
a similarly qualified person who at the time is holding office, as the case
may be, in the senate or house of representatives.
(b) I
F A MEMBER APPOINTED PURSUANT TO SUBSECTION (1)(a)(I) OF
PAGE 93-SENATE BILL 22-013 THIS SECTION MOVES OUT OF THE CONGRESSIONAL DISTRICT FROM WHICH
THE MEMBER WAS APPOINTED
, A VACANCY IS CREATED. A MEMBER WHO
MOVES OUT OF SUCH CONGRESSIONAL DISTRICT SHALL PROMPTLY NOTIFY
THE GOVERNOR OF THE DATE OF SUCH MOVE
, BUT SUCH NOTICE IS NOT
REQUIRED FOR THE VACANCY TO OCCUR
. THE GOVERNOR SHALL FILL THE
VACANCY AS PROVIDED IN SUBSECTION
(2) OF THIS SECTION.
SECTION 91. In Colorado Revised Statutes, 26-21-104, amend (2)
introductory portion and (3)(a) as follows:
26-21-104. Commission created - appointments. (2) The
commission consists of seven members
APPOINTED BY THE GOVERNOR as
follows:
(3) (a) The governor shall appoint the commission members
referenced in subsection (2) of this section. Beginning July 1, 2000, four of
these commission members shall serve initial terms of four years, and three
shall serve initial terms of six years. After the initial appointments of the
commission members referenced in subsection (2) of this section, all
subsequent appointees MEMBERS shall serve terms of four years; except that
THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN FOUR MEMBERS '
TERMS EXPIRE IN THE SAME YEAR. A member shall not serve more than two
consecutive four-year terms.
SECTION 92. In Colorado Revised Statutes, amend 27-10.5-203
as follows:
27-10.5-203. Establishment of state council. (1) There is hereby
created, within the office of the executive director of the department of
human services, the Colorado developmental disabilities council. The
powers, duties, and functions of the state council are transferred by a type
1 transfer, as such transfer is defined by the "Administrative Organization
Act of 1968", article 1 of title 24, C.R.S., to the department of human
services. The state council shall operate in accordance with the federal
"Developmental Disabilities Assistance and Bill of Rights Act of 2000", 42
U.S.C. sec. 15001 et seq.
(2) The state council shall consist
CONSISTS of twenty-four members
appointed by the governor for three-year terms; except that of the members
first appointed, one-third shall be appointed for one-year terms, one-third
PAGE 94-SENATE BILL 22-013 shall be appointed for two-year terms, and one-third shall be appointed for
three-year terms THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN
EIGHT MEMBERS
' TERMS EXPIRE IN THE SAME YEAR. Vacancies shall be filled
by appointment for the unexpired term.
(3) (a) The state council shall
MUST at all times include in its
membership
REPRESENTATIVES OF THE FOLLOWING :
(I) Representatives of
The principal state agencies, including the
state agency that administers funds provided under the federal
"Rehabilitation Act of 1973", the state agency that administers funds
provided under the federal "Individuals with Disabilities Education Act",
the state agency that administers funds provided under the federal "Older
Americans Act of 1965", and the state agency that administers funds
provided under Titles V and XIX of the federal "Social Security Act" for
persons with developmental disabilities;
(II) T
HE University Centers for Excellence in Developmental
Disabilities Education, Research, and Service;
(III) Nongovernmental agencies; and
(IV) Private nonprofit groups concerned with services and supports
for persons with developmental disabilities.
(b) A
T LEAST FOUR MEMBERS OF THE STATE COUNCIL MUST BE
PERSONS WITH DEVELOPMENTAL DISABILITIES
.
(c) A
T LEAST FOUR MEMBERS OF THE STATE COUNCIL MUST BE
FAMILY MEMBERS OR GUARDIANS OF PERSONS WITH MENTALLY IMPAIRING
DEVELOPMENTAL DISABILITIES
, WHO ARE NOT EMPLOYEES OF A STATE
AGENCY THAT RECEIVES FUNDS OR PROVIDES SERVICES AND SUPPORTS
UNDER THIS PART
2, AND WHO ARE NOT EMPLOYEES IMPLEMENTING
PROGRAMS UNDER THE FEDERAL
"SOCIAL SECURITY ACT" OR OF ANY OTHER
ENTITY THAT RECEIVES FUNDS OR PROVIDES SERVICES AND SUPPORTS UNDER
THIS PART
2. AT LEAST ONE INDIVIDUAL OF THE FOUR APPOINTED IN THIS
SUBSECTION
(3)(c) MUST BE AN IMMEDIATE RELATIVE OR GUARDIAN OF AN
INSTITUTIONALIZED OR PREVIOUSLY INSTITUTIONALIZED PERSON WITH A
DEVELOPMENTAL DISABILITY
.
PAGE 95-SENATE BILL 22-013 (d) AT LEAST HALF OF THE MEMBERSHIP OF THE STATE COUNCIL
MUST BE INDIVIDUALS DESCRIBED IN SUBSECTION
(3)(b) OR (3)(c) OF THIS
SECTION
, OR PARENTS OR GUARDIANS OF SUCH PERSONS WITH
DEVELOPMENTAL DISABILITIES
.
(4) At least one-half of the membership of the state council shall
consist of persons who:
(a) Are persons with developmental disabilities;
(b) Are parents or guardians of such persons; or
(c) Are family members or guardians of persons with mentally
impairing developmental disabilities, and who are not employees of a state
agency which receives funds or provides services and supports under this
part 2, and who are not employees implementing programs under the federal
"Social Security Act" or of any other entity which receives funds or
provides services and supports under this part 2.
(5) Of the members of the state council described in subsection (4)
of this section:
(a) At least one-third shall be persons with developmental
disabilities;
(b) At least one-third shall be individuals described in paragraph (c)
of subsection (4) of this section, and at least one of such individuals shall
be an immediate relative or guardian of an institutionalized or previously
institutionalized person with a developmental disability.
(6) (4) Members of the state council shall serve without
compensation but shall be ARE entitled to reimbursement for their expenses
while attending regular and special meetings of the state council.
(7) (5) The state council shall operate in accordance with bylaws
adopted by a quorum of its membership.
(8) (6) For the purposes of holding meetings of the STATE council,
a quorum shall be a simple majority of the
STATE council membership in
attendance.
PAGE 96-SENATE BILL 22-013 SECTION 93. In Colorado Revised Statutes, amend 27-65-131 as
follows:
27-65-131. Advisory board - service standards and rules.
(1) (a) An THERE IS CREATED IN THE DEPARTMENT THE MENTAL HEALTH
advisory board FOR SERVICE STANDARDS AND RULES , referred to as the
"board" in this section, to the department is established for the purpose of
assisting and advising the executive director in accordance with section
27-65-130 in the development of service standards and rules.
(b) The board consists of not less than eleven nor more than fifteen
members appointed by the governor.
(c) The board includes:
(I) One representative each from the office of behavioral health, the
department of human services, the department of public health and
environment, the university of Colorado health sciences center, and a
leading professional association of psychiatrists in this state;
(II) At least one member representing proprietary skilled health-care
facilities;
(III) One member representing nonprofit health-care facilities;
(IV) One member representing the Colorado bar association;
(V) One member representing consumers of services for persons
with mental health disorders;
(VI) One member representing families of persons with mental
health disorders;
(VII) One member representing children's health-care facilities; and
(VIII) Other persons from both the private and the public sectors
who are recognized or known to be interested and informed in the area of
the board's purpose and function.
(2) In making appointments to the board, the governor is encouraged
PAGE 97-SENATE BILL 22-013 to include representation by at least one member who is a person with a
disability, as defined in section 24-34-301 (2.5), a family member of a
person with a disability, or a member of an advocacy group for persons with
disabilities, provided that the other requirements of this section are met.
SECTION 94. In Colorado Revised Statutes, 28-5-702, amend (2)
as follows:
28-5-702. Board of veterans affairs. (2) The board shall consist
CONSISTS of seven members who shall be appointed by the governor and
confirmed by the senate, who shall be veterans who have been honorably
released or separated from the armed forces of the United States, but who
need not be members of a veterans service organization. The initial
members of the board shall be the members of the Colorado board of
veterans affairs as such board existed in the department of human services
prior to July 1, 2002, and the terms of such members shall expire as the
original terms of such members were scheduled to expire. Thereafter The
governor shall appoint members for terms of four years; beginning EXCEPT
THAT THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN FOUR
MEMBERS
' TERMS EXPIRE IN THE SAME YEAR. TERMS BEGIN the day after the
expiration of the A preceding term. Vacancies occurring during any term
shall be filled by the governor for the unexpired portion of the term in
which they occur. If a vacancy occurs while the senate is not in session, the
governor shall appoint a qualified person to discharge the duties thereof
until the next meeting of the senate, at which time the governor shall
nominate a person to fill the vacancy, which nomination shall be subject to
senate confirmation. Members of the board shall hold office until their
successors are appointed by the governor. and are confirmed by the senate.
Not more than four of the members serving at any one time shall be members of the same political party.
SECTION 95. In Colorado Revised Statutes, 29-1-503, amend (1)
and (2) as follows:
29-1-503. Appointment of advisory committee - powers and
duties. (1) The governor, with the advice and consent of the senate, shall
appoint an
A SIX-MEMBER advisory committee on governmental accounting
to assist the state auditor in formulating and prescribing a classification of
accounts. which advisory committee consists of six members,
THE
COMMITTEE CONSISTS OF THE FOLLOWING MEMBERS
:
PAGE 98-SENATE BILL 22-013 (a) One of whom must be MEMBER WHO IS a member of the
Colorado society of certified public accountants; and
(b) The remaining five of whom must be FIVE MEMBERS WHO ARE
active in finance matters either as elected officials or finance officers
employed by a unit of local government as defined in section 29-1-502 and
each of whom shall represent one of the following levels UNITS of local
government: Counties, cities and counties, cities and towns, school districts
and junior college districts, and
local improvement or special service
districts, and OR other local entities having authority under the general laws
of this state to levy taxes or impose assessments.
(2) Prior to June 15, 1987, the terms of the members shall be six
years, except for initial appointments when two members shall be appointed
for terms of two years, two members shall be appointed for terms of four
years, and two members shall be appointed for terms of six years. Persons
holding office on June 15, 1987, are subject to the provisions of section
24-1-137, C.R.S. Thereafter, Members shall be appointed for terms of four
years; each EXCEPT THAT THE TERMS SHALL BE STAGGERED SO THAT NO
MORE THAN TWO MEMBERS
' TERMS EXPIRE IN THE SAME YEAR.
SECTION 96. In Colorado Revised Statutes, 29-4-704, amend (3)
and (4) as follows:
29-4-704. Colorado housing and finance authority. (3) (a) Forappointments made prior to June 15, 1987, each member appointed by the
governor shall be appointed for a term of seven years, but the original
members shall be appointed for the following terms beginning July 1, 1973:
(I) Three members shall be appointed for terms of two years;
(II) Two members for terms of four years; and
(III) Two members for terms of six years.
(b) Prior to June 15, 1987, their successors shall be appointed for
terms of seven years each.
(c) Members of the authority serving on May 20, 1987, shall
continue to serve in the manner provided in this subsection (3). The
PAGE 99-SENATE BILL 22-013 additional member of the authority appointed pursuant to subsection (2) of
this section shall be appointed for a term of four years beginning July 1,
1987.
(d) Persons holding office on June 15, 1987, are subject to the
provisions of section 24-1-137, C.R.S. For appointments made thereafter,
Each member appointed by the governor shall be appointed for a term of
four years;
EXCEPT THAT THE TERMS SHALL BE STAGGERED SO THAT NO
MORE THAN THREE MEMBERS
' TERMS EXPIRE IN THE SAME YEAR.
(4) Each member shall hold office for his
THE MEMBER'S term and
until his A successor is appointed. and qualified. Any member shall be IS
eligible for reappointment, but members shall not be ARE NOT eligible to
serve more than two consecutive full terms. Members of the board shall
receive no SERVE WITHOUT compensation for such services but shall ARE
ENTITLED TO
be reimbursed for their necessary expenses while serving as
a member of the board. Any vacancy shall be filled in the same manner as
the original appointments for the unexpired term.
SECTION 97. In Colorado Revised Statutes, 30-10-601.6, amend
(3)(b) introductory portion and (3)(c) as follows:
30-10-601.6. Coroners standards and training board. (3) (b) The
members of the C.C.S.T. board shall be
APPOINTED BY THE GOVERNOR AS
FOLLOWS
:
(c) The governor shall appoint each member of the C.C.S.T. board
for a term of three years; except that of the members initially appointed,
three members shall be appointed for a term of three years, three members
shall be appointed for a term of two years, and two members shall be
appointed for a term of one year THE TERMS SHALL BE STAGGERED SO THAT
NO MORE THAN THREE MEMBERS
' TERMS EXPIRE IN THE SAME YEAR.
SECTION 98. In Colorado Revised Statutes, 32-14-106, amend
(1), (2), (5), and (7) as follows:
32-14-106. Board of directors - membership - qualifications.
(1) The district created in section 32-14-104 shall be governed by a board
of directors, which shall consist
CONSISTS of seven directors. No director
shall be an elected official. Initial appointments to the board shall be made
PAGE 100-SENATE BILL 22-013 within ninety days after June 2, 1989.
(2) The seven directors shall be appointed by the governor, with the
consent of the senate, for four-year terms. Appointments made to the board
while the senate is not in session shall be temporary appointments, and the
appointees shall serve on a temporary basis until the senate is in session and
is able to confirm such appointments. Each director shall hold office until
his
THE DIRECTOR'S successor is appointed. and qualified.
(5) Any director may be removed at any time during his THE
DIRECTOR
'S term at the pleasure of the governor. If any director vacates hisTHE DIRECTOR'S office during the term for which appointed to the board, a
vacancy on the board shall exist EXISTS, and the governor shall fill such
vacancy by appointment for the remainder of such unexpired term, subject
to confirmation by the senate.
(7) All business of the board shall be conducted at regular or special
meetings, which shall be held within the geographical boundaries of the
district and which shall be open to the public. The provisions of
This
subsection (7) and part 4 of article 6 of title 24 C.R.S., shall apply to all
meetings of the board.
SECTION 99. In Colorado Revised Statutes, 32-15-105, amend (2)
as follows:
32-15-105. Board of directors - membership - qualifications.
(2) Initial appointments to the board shall be made within forty-five days
after May 23, 1996. The directors shall be appointed for four-year terms.
SECTION 100. In Colorado Revised Statutes, 32-20-104, amend
(2)(b) as follows:
32-20-104. Colorado new energy improvement district - creation
- board - meetings - quorum - expenses - records. (2) (b) The terms
TERM of the AN appointed members shall be MEMBER IS four years. except
that the terms of the members initially appointed by the governor, the
speaker of the house of representatives, and the minority leader of the
senate shall be two years.
SECTION 101. In Colorado Revised Statutes, 33-11-105, amend
PAGE 101-SENATE BILL 22-013 (1) as follows:
33-11-105. Recreational trails committee. (1) (a) There is hereby
created the Colorado recreational trails committee, which is advisory and
consists of nine members eight of whom WHO are appointed by the
commission. One member shall be appointed from the governing committee
of the state board of the great outdoors Colorado trust fund created by
section 6 of article XXVII of the state constitution. AS FOLLOWS:
(I) T
HE COMMISSION SHALL APPOINT:
(A) O
NE MEMBER FROM EACH CONGRESSIONAL DISTRICT IN THE
STATE
; AND
(B) TWO MEMBERS FROM THE STATE AT LARGE .
(II) T
HE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST
FUND SHALL APPOINT ONE MEMBER FROM THE BOARD
.
(b) The terms of the members appointed by the commission are four
years. No
A member shall NOT serve more than two consecutive terms. One
member shall be appointed from each congressional district, one member
shall be appointed from the state at large, and one member shall represent
and be appointed by the state board of the great outdoors Colorado trust
fund. The committee shall include in its membership representation of the
broad spectrum of trail users. Vacancies on the committee shall be filled for
the unexpired term by the appropriate appointing authority set forth in this
subsection (1).
SECTION 102. In Colorado Revised Statutes, 33-33-106, amend
(2)(b); and repeal (7) as follows:
33-33-106. Colorado natural areas council. (2) The council
consists of the following seven members:
(b) Five members appointed by the governor, who are individuals
with a substantial
AN interest in the preservation of natural areas and who
serve for four-year terms.
(7) Any person who was a member of the Colorado natural areas
PAGE 102-SENATE BILL 22-013 council on January 1, 1988, shall continue to serve for the remainder of the
term to which he was appointed.
SECTION 103. In Colorado Revised Statutes, 34-32-105, amend
(2) as follows:
34-32-105. Office of mined land reclamation - mined land
reclamation board - created. (2) (a) The board shall consist CONSISTS of
seven members
AS FOLLOWS:
(I) The executive director
OR THE EXECUTIVE DIRECTOR'S DESIGNEE,
who shall serve as secretary to the board;
(II) A member of the state conservation board appointed by such
board; and
(III) Five persons appointed by the governor with the consent of the
senate. Such appointed members shall be:
(A) Three individuals with substantial experience in agriculture or
conservation, no more than two of whom shall have had experience in
agriculture or conservation; and
(B) Two individuals with substantial experience in the mining
industry. Effective July 1, 1976, the terms of office of the existing membersof the mined land reclamation board shall terminate, and, prior thereto, the
governor shall appoint two members of the board, effective July 1, 1976,
whose terms of office shall expire March 1, 1977, and three members of the
board, effective July 1, 1976, whose terms of office shall expire March 1,
1979.
(b) Subsequent appointments shall be made MEMBERS APPOINTED
TO THE BOARD SHALL SERVE
for a term
TERMS of four years; EXCEPT THAT
THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN THREE MEMBERS
'
TERMS EXPIRE IN THE SAME YEAR . Vacancies shall be filled in the same
manner as original appointments for the balance of the unexpired term.
(c) All members of the board:
(I) Shall be residents of the state of Colorado; All members of the
PAGE 103-SENATE BILL 22-013 board AND
(II) Except for the executive director, shall ARE ENTITLED TO receive
compensation for their service on the board at the rate of fifty dollars per
diem and shall
TO be reimbursed for necessary expenses incurred in the
performance of their duties on the board.
(d) The board shall, by majority vote of all members, elect its
chairperson CHAIR from among the appointed members at its first meeting
in July, 1976, and the board shall elect its chairperson from among the
appointed members biannually. thereafter.
SECTION 104. In Colorado Revised Statutes, 34-63-102, amend
(5)(b) as follows:
34-63-102. Creation of mineral leasing fund - distribution -
advisory committee - local government permanent fund created -
definitions - transfer of money. (5) (b) (I) There is hereby
created within
the department of local affairs an THE energy impact assistance advisory
committee. The committee shall be composed CONSISTS of:
(A) The executive director of the department of local affairs;
(B) The executive director of the department of natural resources;
(C) The commissioner of education;
(D) The executive director of the department of public health and
environment;
(E) The executive director of the department of transportation; and
(F) Seven residents of areas impacted by energy conversion or
mineral resource development. The seven residents shall be appointed by
the governor, with the consent of the senate, for terms not exceeding four
years to serve at the pleasure of the governor.
(II) The executive director of the department of local affairs shall act
as chairperson
CHAIR of the committee.
PAGE 104-SENATE BILL 22-013 (III) Members of the committee shall serve without additional
compensation; except that the seven members appointed from energy
impact areas shall be
ARE entitled to reimbursement for actual and necessary
expenses.
(IV) Any member of the committee who is a state official may
designate representatives of his or her THE MEMBER'S agency to serve on the
committee in his or her THE MEMBER'S absence.
(V) The chairperson CHAIR shall convene the advisory committee
from time to time as he or she THE CHAIR deems necessary.
(VI) The advisory committee shall continuously review the existing
and potential impact of the development, processing, or energy conversion
of mineral and fuel resources on various areas of the state, including those
areas indirectly affected, and shall make continuing recommendations to the
department of local affairs, including, but not limited to, those actions
deemed reasonably necessary and practicable to assist impacted areas with
the problems occasioned by such development, processing, or energy
conversion, the immediate and projected problems which the local
governments are experiencing in providing governmental services, the
extent of local tax resources available to each unit of local government, the
extent of local tax effort in solving energy impacted problems, and other
problems which the areas have experienced, such as housing and
environmental considerations, which have developed as a direct result of
energy impact. In furtherance thereof, the committee shall make continuing
specific recommendations regarding any discretionary distributions by the
executive director of the department of local affairs authorized pursuant to
this section and section 39-29-110. C.R.S.
With respect to recommendations
for the distribution of moneys made pursuant to this section, the committee
shall give priority and preference to those public schools and political
subdivisions socially or economically impacted by the development,
processing, or energy conversion of fuels and minerals leased under the
federal "Mineral Lands Leasing Act" of February 25, 1920, as amended.
With respect to recommendations for the distribution of moneys
MONEY
made pursuant to section 39-29-110, C.R.S., the committee shall
recommend distributions to those political subdivisions socially or
economically impacted by the development, processing, or energy
conversion of minerals and mineral fuels subject to taxation under article
29 of title 39. C.R.S.
PAGE 105-SENATE BILL 22-013 (II) Repealed.
SECTION 105. In Colorado Revised Statutes, amend 35-1-105 as
follows:
35-1-105. State agricultural commission - creation - composition.
(1) (a) There is hereby created the state agricultural commission, referred
to in this article ARTICLE 1 as the "commission", which shall consist
CONSISTS of nine members, each of whom shall be IS appointed by the
governor, with the consent of the senate, for terms of four years. each. Of
such members, one member shall be appointed from each of the four
agricultural districts, as defined in paragraph (c) of this subsection (1)
SUBSECTION (3) OF THIS SECTION, and five members shall be appointed from
the state at large; except that no more than three members shall be
appointed from any one agricultural district. No more than five of the nine
members shall
MAY be members of AFFILIATED WITH the same political
party.
(b) (2) The members of the commission shall be appointed from
persons who are currently or were previously actively engaged in the
business of agriculture and allied activities, but a majority of the
commission shall be appointed from persons actively engaged in the
business of agriculture in such a manner that representation of no
agricultural commodity organization shall constitute
CONSTITUTES a
majority of the commission. A vacancy on the commission shall be filled by
the governor by the appointment of a qualified person.
(c)
(3) For the purposes of representation on the state agricultural
commission, this state is divided into four agricultural districts as follows:
(I) (a) The city and county of Denver and the counties of Adams,
Arapahoe, Douglas, and Jefferson shall constitute the first district.
(II) (b) The counties of Boulder, Cheyenne, Clear Creek, Elbert,
Gilpin, Kit Carson, Larimer, Lincoln, Logan, Morgan, Phillips, Sedgwick,
Washington, Weld, and Yuma shall
constitute the second district.
(III) (c) The counties of Alamosa, Baca, Bent, Conejos, Costilla,
Crowley, Custer, El Paso, Fremont, Huerfano, Kiowa, Las Animas,
Mineral, Otero, Prowers, Pueblo, Rio Grande, Saguache, and Teller shall
PAGE 106-SENATE BILL 22-013 constitute the third district.
(IV) (d) The counties of Archuleta, Chaffee, Delta, Dolores, Eagle,
Garfield, Grand, Gunnison, Hinsdale, Jackson, Lake, La Plata, Mesa,
Moffat, Montezuma, Montrose, Ouray, Park, Pitkin, Rio Blanco, Routt, San
Juan, San Miguel, and Summit shall
constitute the fourth district.
(2) (4) The commission shall elect from its members a chairman,
vice-chairman CHAIR, VICE-CHAIR, and such other commission officers as
it shall determine. The commissioner of agriculture, in the discretion of the
commission, may serve as secretary of the commission but shall not be
eligible to appointment as a member. All commission officers shall
hold
their offices at the pleasure of the commission. Regular meetings of the
commission shall be held not less than once every three months at such
times as may be fixed by resolution of the commission. Special meetings
may be called by the chairman
CHAIR, by the commissioner, or by a majority
of members of the commission at any time on at least three days' prior
notice by mail or, in cases of emergency, on twenty-four hours' notice by
telephone or other telecommunications device. The commission shall adopt,
and at any time may amend, bylaws in relation to its meetings and the
transaction of its business. A majority shall constitute a quorum of the
commission. Members shall
serve without compensation but shall be ARE
ENTITLED TO BE
reimbursed for their actual and necessary traveling and
subsistence expenses when absent from their places of residence in
attendance at meetings.
SECTION 106. In Colorado Revised Statutes, 35-41-101, amend
(1) as follows:
35-41-101. State board of stock inspection commissioners -
creation - brand commissioner - enterprise - bonds. (1) There is created
a
THE state board of stock inspection commissioners, composed of five
commissioners who shall be appointed by the governor, all of whom shall
be actively engaged in the production or feeding of cattle, horses, or sheep,
with the consent of the senate. Two of the members shall represent the
nonconfinement cattle industry; two of the members shall represent the
confinement cattle industry; and one shall have broad general knowledge
of the Colorado livestock industry and shall represent the commodity, other
than the confinement and nonconfinement cattle industries, with the largest
percentage of charged fees. The members of the board shall be appointed
PAGE 107-SENATE BILL 22-013 in such manner as will at all times represent as nearly as possible all
sections of the state wherein livestock is a major activity, but at no time
shall any two members be residents of the same particular section of the
state. The term of office of said
THE commissioners shall be for a period of
IS four years. Persons holding office on June 15, 1987, are subject to the
provisions of section 24-1-137, C.R.S. Members may be removed for cause
by the governor. They shall serve without compensation except for BUT ARE
ENTITLED TO REIMBURSEMENT FOR
actual and necessary traveling expenses.
The board shall meet monthly unless, in case of emergency, a special
meeting is deemed advisable.
SECTION 107. In Colorado Revised Statutes, 35-65-401, amend
(2), (4), (5), and (8.5); and repeal (3) as follows:
35-65-401. Colorado state fair authority - creation - board -
powers and duties. (2) (a) On June 30, 1997, the existing board of
commissioners of the Colorado state fair authority is abolished, and the
terms of the members of the board then serving are terminated.
(b) There is hereby
created the board of commissioners of the
Colorado state fair authority, which shall have eleven members, ten of
whom shall be appointed by the governor with the consent of the senate and
one who shall be the commissioner of agriculture or his or her designee. At
no time shall more than six members of the board be affiliated with the
same political party as the governor. Within thirty days after June 30, 1997,
the governor shall appoint the initial members of the board. The governor
may appoint, as a member of the board, any person who was a member of
the board prior to its termination. WHOSE MEMBERS ARE AS FOLLOWS :
(I) T
HE COMMISSIONER OF AGRICULTURE OR THE COMMISSIONER 'S
DESIGNEE
;
(II) T
WO MEMBERS WHO ARE RESIDENTS OF THE COUNTY IN WHICH
THE
COLORADO STATE FAIR AND INDUSTRIAL EXPOSITION IS HELD ,
APPOINTED BY THE GOVERNOR WITH THE CONSENT OF THE SENATE ;
(III) O
NE MEMBER FROM EACH CONGRESSIONAL DISTRICT IN THE
STATE
, APPOINTED BY THE GOVERNOR WITH THE CONSENT OF THE SENATE ;
AND
PAGE 108-SENATE BILL 22-013 (IV) TWO AT-LARGE MEMBERS, APPOINTED BY THE GOVERNOR WITH
THE CONSENT OF THE SENATE
.
(c) N
O MORE THAN A MINIMUM MAJORITY OF THE MEMBERS OF THE
BOARD MAY BE AFFILIATED WITH THE SAME POLITICAL PARTY
.
(d) T
WO OF THE APPOINTED MEMBERS MUST BE FROM WEST OF THE
CONTINENTAL DIVIDE
.
(3) Of the ten appointed members of the board, two shall be
residents of the county in which the Colorado state fair and industrial
exposition is held and, of the remaining eight members, at least one shall be
a resident of each of the congressional districts of the state and at least two
shall be residents of the western slope of the state.
(4) Of the members first appointed to the board, two members
representing congressional districts shall be appointed for terms expiring
November 1, 1998; two members representing congressional districts shall
be appointed for terms expiring November 1, 1999; one member
representing a congressional district, one member representing the county
in which the Colorado state fair and industrial exposition is held, and one
at-large member shall be appointed for terms expiring November 1, 2000;
one member representing a congressional district, one at-large member, and
one member representing the county in which the Colorado state fair and
industrial exposition is held shall be appointed for terms expiring November
1, 2001. Thereafter, Members of the board shall be ARE appointed for terms
of four years;
EXCEPT THAT TERMS SHALL BE STAGGERED SO THAT NO MORE
THAN A MINIMUM MAJORITY OF THE MEMBERS
' TERMS EXPIRE IN THE SAME
YEAR
. Appointments made to the board when the senate is not in session
shall be temporary appointments, and the appointees shall serve on a
temporary basis until the senate is in session and is able to confirm such
appointments. Each member shall hold office until the member's successor
is appointed. and qualified.
(5) Of the ten appointed members of the board, one shall be a
certified public accountant, one shall have expertise in finance through
current management-level experience in banking, and one shall have
substantial experience in agriculture or in the activities of 4-H clubs.
(8.5) All eleven
members of the board, including the commissioner
PAGE 109-SENATE BILL 22-013 of agriculture or his or her THE COMMISSIONER'S designee, shall be voting
members of the board. The members of the board shall elect a chair, a
vice-chair, and a secretary from among the membership of the board. Board
action shall require the affirmative vote of a majority of a quorum of the
board.
SECTION 108. In Colorado Revised Statutes, 35-70-103, amend
(1)(a) and (2) as follows:
35-70-103. State conservation board - composition - powers.
(1) (a) There is hereby
created in the department of agriculture the state
conservation board, referred to in this article ARTICLE 70 as the "state
board", which shall consist CONSISTS of nine members. One member shall
be a qualified elector of the state appointed by the governor from the state
at large. for a term commencing January 1, 1974.
The remaining eight
positions on the state board shall be filled by elections held within the areas
described in this section. The boards of supervisors of local conservation
districts within each such area shall elect the number of members specified
in this subsection (1). A
N ELECTION MUST BE HELD between November 1
and December 31 in 1973 for terms commencing January 1, 1974, and
within such dates in succeeding years as necessary to fill expiring terms OF
THE YEAR PRECEDING THE COMMENCEMENT OF A NEW TERM FOR EACH
POSITION
. A candidate shall be or shall have been an elected supervisor of
a local conservation district. The number of members to be elected and the
areas from which they are to be elected are as follows:
(I) The White-Yampa and North Platte river watersheds, one
member;
(II) The San Juan basin, one member;
(III) The Arkansas river watershed, two members, one from the
upper Arkansas river watershed and one member from the lower Arkansas
river watershed;
(IV) The Rio Grande watershed, one member;
(V) The Republican and South Platte river watersheds, two
members, one from the upper South Platte river watershed and one member
from the Republican river and lower South Platte river watersheds;
PAGE 110-SENATE BILL 22-013 (VI) The Colorado, Gunnison, and Dolores river watersheds, one
member.
(2) At the first regular meeting of the state board in 1974, the nine
elected and appointed members of the state board shall by lot determine
which three shall hold office for terms of three years, which three for terms
of two years, and which three for terms of one year. Thereafter, All such
elected and appointed members shall hold office for terms of four years;
EXCEPT THAT THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN
THREE MEMBERS
' TERMS EXPIRE IN THE SAME YEAR . THE TERM OF AN
ELECTED MEMBER COMMENCES ON
JANUARY 1 FOLLOWING THE MEMBER'S
ELECTION
.
SECTION 109. In Colorado Revised Statutes, 35-75-104, amend
(2) as follows:
35-75-104. Colorado agricultural development authority -
creation - membership. (2) (a) The governing body of the authority shall
be IS a board of directors, which shall consist CONSISTS of seven members,
WHO ARE APPOINTED AS FOLLOWS :
(I) of which One shall be appointed by the governor, with the
consent of the senate;
(II) Three shall be appointed by the president of the senate; and
(III) Three shall be appointed by the speaker of the house of
representatives.
(b) Such members shall
MUST be residents of the state, shall MUST
have a knowledge of agricultural activity in the state, and shall MUST
represent the various agriculture operations and geographical regions of the
state. No more than four of the appointed members shall MAY be of
AFFILIATED WITH the same political party. The members of the board first
appointed shall serve for terms to be designated by the governor, expiring
on June 30 of each year beginning in 1982 and ending in 1988. Persons
holding office on June 15, 1987, are subject to the provisions of section
24-1-137, C.R.S. Thereafter, upon the expiration of the term of any
member, his successor
PAGE 111-SENATE BILL 22-013 (c) MEMBERS shall be appointed for a term of four years; EXCEPT
THAT THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN FOUR
MEMBERS
' TERMS EXPIRE IN THE SAME YEAR. Each member shall serve until
his THE MEMBER'S successor has been appointed. and qualified. Any
member shall be eligible for reappointment. The person making the original
appointment shall fill any vacancy by appointment for the remainder of an
unexpired term.
(d) The commissioner of agriculture shall be an ex officio,
nonvoting member of the board.
(b)
(e) Any appointed member of the board may be removed by the
person making the appointment for misfeasance, malfeasance, willful
neglect of duty, or other cause. after notice and a public hearing, unless
such notice and hearing have been expressly waived in writing.
SECTION 110. In Colorado Revised Statutes, 36-1-101.5, amend
(2) introductory portion and (2)(e) as follows:
36-1-101.5. Appointment of members - duties. (2) The governor
shall endeavor to appoint members of the board who reside in different
geographic regions of the state. Not more than three members of the board
may be of any one major
AFFILIATED WITH THE SAME political party. The
board shall be composed CONSISTS of:
(e) One citizen MEMBER at large WHO IS A RESIDENT OF THE STATE.
SECTION 111. In Colorado Revised Statutes, amend 37-60-104
as follows:
37-60-104. Personnel. (1) The board shall consist CONSISTS of
fifteen members
AS FOLLOWS:
(a) The executive director of the department of natural resources,
shall be
WHO IS a voting member ex officio;
(b) The attorney general,
WHO IS A NONVOTING MEMBER EX OFFICIO;
(c) T
HE state engineer, WHO IS A NONVOTING MEMBER EX OFFICIO ;
PAGE 112-SENATE BILL 22-013 (d) THE director of the division of parks and wildlife, WHO IS A
NONVOTING MEMBER EX OFFICIO
;
(e) T
HE commissioner of agriculture or THE COMMISSIONER'S
designee, and
WHO IS A NONVOTING MEMBER EX OFFICIO ;
(f) T
HE director of said
THE board, shall be WHO IS A nonvoting
members MEMBER ex officio; AND
(g) The Nine remaining members shall be WHO ARE qualified
electors of the state, well versed in water matters, and shall be appointed by
the governor, by and with the consent of the senate, for terms of three years.
except that no appointment shall be made that does not conform to the
requirements of subsections (3) and (4) of this section. TO THE EXTENT
POSSIBLE
, APPOINTMENTS TO THE BOARD MUST INCLUDE PERSONS
REPRESENTING THE FOLLOWING AREAS OF EXPERIENCE AND EXPERTISE
:
W
ATER RESOURCE MANAGEMENT ; WATER PROJECT FINANCING ;
ENGINEERING, PLANNING, AND DEVELOPMENT OF WATER PROJECTS ; WATER
LAW
; AND IRRIGATED FARMING OR RANCHING . THE NINE APPOINTED
MEMBERS ARE CHOSEN GEOGRAPHICALLY AS FOLLOWS
:
(I) F
OUR FROM THE WESTERN SLOPE AS FOLLOWS :
(A) O
NE FROM THE YAMPA-WHITE DRAINAGE BASIN;
(B) O
NE FROM THE MAIN COLORADO DRAINAGE BASIN ;
(C) O
NE FROM THE GUNNISON-UNCOMPAHGRE DRAI NAGE BASIN ;
AND
(D) ONE FROM THE SAN MIGUEL-DOLORES-SAN JUAN DRAINAGE
BASINS
.
(II) F
IVE FROM THE EASTERN SLOPE AS FOLLOWS :
(A) O
NE FROM THE RIO GRANDE DRAINAGE BASIN;
(B) O
NE FROM THE NORTH PLATTE DRAINAGE BASIN;
(C) O
NE FROM THE ARKANSAS DRAINAGE BASIN;
PAGE 113-SENATE BILL 22-013 (D) ONE FROM THE SOUTH PLATTE DRAINAGE BASIN OUTSIDE OF THE
CITY AND COUNTY OF
DENVER; AND
(E) ONE FROM THE CITY AND COUNTY OF DENVER AND INTIMATELY
FAMILIAR WITH ITS WATER PROBLEMS
.
(2) N
O MORE THAN FIVE APPOINTEES TO THE BOARD MAY BE
AFFILIATED WITH THE SAME POLITICAL PARTY
.
(3) A
PPOINTED MEMBERS OF THE BOARD MUST BE RESIDENTS OF THE
GEOGRAPHIC AREA THEY REPRESENT
.
(4) Members of the board may not vote by proxy. Pursuant to
section 1 of article XII of the state constitution, unless removed according
to law, members of the board shall exercise the duties of their office until
a successor is duly appointed, qualified, and confirmed. Pursuant to section
6 (1) of article IV of the state constitution, no person appointed by the
governor pursuant to this section to a vacancy occurring while the senate is
in session may take office until confirmed by the senate. The appointments
shall be made in such a manner that the terms of three members shall expire
on February 12 of each year. In case any vacancy occurs in the appointed
membership of the board, the governor shall appoint a successor to serve
the unexpired term of any member of the board within thirty days after the
creation of such vacancy.
(2) The appointed members of said board shall be chosen
geographically as follows: Four from the western slope and five from the
eastern slope; but, of the five members to be appointed from the eastern
slope, one shall be from the Rio Grande drainage basin, one from the North
Platte drainage basin, one from the Arkansas drainage basin, one from the
South Platte drainage basin outside of the city and county of Denver, and
one from the city and county of Denver and intimately familiar with its
water problems; and that of the four members to be appointed from the
western slope, one shall be from the Yampa-White drainage basin, one from
the main Colorado drainage basin, one from the Gunnison-Uncompahgre
drainage basin, and one from the San Miguel-Dolores-San Juan drainage
basins. Each appointed member shall take an oath or affirmation in
accordance with section 24-12-101.
(3) To the extent possible, appointments to the board shall include
PAGE 114-SENATE BILL 22-013 persons representing the following areas of experience and expertise: Water
resource management; water project financing; engineering, planning, and
development of water projects; water law; and irrigated farming or
ranching. Members of the board shall be residents of the geographic area
they represent.
(4) No more than five appointees to the board shall be members of
the same political party.
(5) The requirements set forth in subsections (3) and (4) of this
section shall be implemented over a three-year period beginning February
12, 1993, so that upon making the appointments for the vacancies which
occur on February 12, 1995, all requirements set forth in this section shall
have been met.
SECTION 112. In Colorado Revised Statutes, 37-75-105, amend
(1)(a) as follows:
37-75-105. Interbasin compact committee - report. (1) (a) To
facilitate the process of interbasin compact negotiations, a
twenty-seven-member interbasin compact committee is hereby created. The
interbasin compact committee shall include INCLUDES THE FOLLOWING
MEMBERS
:
(I) Two representatives from each basin roundtable, at least one of
whom shall
MUST reside within the borders of the roundtable and at least
one of whom shall MUST own adjudicated water rights, including owners of
shares in a ditch or reservoir company or their agents. A
NY SUCH AGENT
SHALL BE APPOINTED BY THE REPRESENTATIVE THE AGENT REPRESENTS AND
MUST RESIDE WITHIN THE BORDERS OF THE REPRESENTATIVE
'S ROUNDTABLE.
(II) Six at-large members appointed by the governor. T
HE
GOVERNOR
'S APPOINTMENTS MUST COME FROM GEOGRAPHICALLY DIVERSE
PARTS OF THE STATE AND MUST INCLUDE INDIVIDUALS WITH EXPERTISE IN
ENVIRONMENTAL
, RECREATIONAL, LOCAL GOVERNMENTAL, INDUSTRIAL, OR
AGRICULTURAL MATTERS
. NO MORE THAN THREE OF THE GOVERNOR 'S
APPOINTEES MAY BE AFFILIATED WITH THE SAME POLITICAL PARTY
.
(III) One member appointed by the chairperson
CHAIR of the house
agriculture, livestock, and natural resources WATER committee, OR ITS
PAGE 115-SENATE BILL 22-013 SUCCESSOR COMMITTEE;
(IV) One member appointed by the chairperson CHAIR of the senate
agriculture
AND natural resources and energy
committee, OR ITS SUCCESSOR
COMMITTEE
; and
(V) The director of compact negotiations. The governor'sappointments shall come from geographically diverse parts of the state and
shall include individuals with expertise in environmental, recreational, local
governmental, industrial, and agricultural matters. No more than three of the
governor's appointees shall be affiliated with the same political party. Any
such agent shall be appointed by the member the agent represents and shall
reside within the borders of the member's roundtable.
SECTION 113. In Colorado Revised Statutes, amend 37-90-104
as follows:
37-90-104. Commission - organization - expenses. (1) There is
created a THE ground water commission, to consist WHICH CONSISTS of
twelve members, nine of whom shall be ARE appointed by the governor and
confirmed by the senate.
(2) The appointed members of the commission holding office as of
July 1, 1971, shall continue in office for the term of their appointment and
until their successors are appointed.
(3) (2) (a) All appointments to the commission shall be for four-year
terms ARE FOR TERMS OF FOUR YEARS, except those made to fill vacancies,
which shall be for the remainder of the term vacated.
(b) Appointments made after July 1, 1971, as terms expire or are
vacated, BY THE GOVERNOR shall be made AS FOLLOWS:
(I) so that the commission includes Six members who are resident
agriculturists of designated groundwater basins, with no more than two
resident agriculturists from the same groundwater basin to be members of
the commission at the same time;
(II) One member who shall be
IS a resident agriculturist and who
shall be appointed IS from water division 3; and
PAGE 116-SENATE BILL 22-013 (III) Two residents of the state OF COLORADO who shall represent
municipal or industrial water users of the state, one of whom shall be
appointed IS from the area west of the continental divide.
(4) (3) In addition to the appointed members, THE COMMISSION
INCLUDES
:
(a) The executive director of the department of natural resources,
shall be
WHO IS a voting member; and
(b) The state engineer, WHO IS A NONVOTING MEMBER ; and
(c) The director of the Colorado water conservation board, shall be
WHO IS A nonvoting members of the commission MEMBER.
(4) (a) Six voting members shall constitute CONSTITUTES a quorum
at any regularly or specially called meeting of the commission, and a
majority vote of those present shall rule.
(b) The commission shall establish and maintain a schedule of at
least four general meetings each year. The chairman, at his
CHAIR, AT THE
CHAIR
'S discretion, or two VOTING members may call special meetings of
the commission to dispose of accumulated business.
(5) Members of the commission shall be paid no compensation but
shall be paid actual necessary expenses incurred by them in the performance
of their duties as members thereof
and a per diem of fifty dollars per day
while performing official duties, not to exceed two thousand four hundred
dollars in any year.
(6) (a) The commission shall biennially select a chair and vice-chair
from among the appointed members.
(b) The state engineer shall be ex officio the executive director of
the commission and shall carry out and enforce the decisions, orders, and
policies of the commission.
(c) The commission may delegate to the executive director the
authority to perform any of the functions of the commission as set forth in
this article
ARTICLE 90 except the determination of a designated
PAGE 117-SENATE BILL 22-013 groundwater basin as set forth in section 37-90-106 and the creation of
ground water management districts.
(d) If any person is dissatisfied with any action of the executive
director under the exercise of the powers delegated by the commission, the
person may appeal said action to the commission, which shall hear the
person's appeals as specified in sections 37-90-113 and 37-90-114.
(7) The provisions of section 24-6-402 (3)(a)(II) C.R.S.,
concerning
imminent court action, as applied to the ground water commission and to
any member, employee, contractor, agent, servant, attorney, or consultant
thereof
OF THE COMMISSION, shall not include any actions within the scope
of sections 37-90-106 to 37-90-109 and section 37-90-111.
SECTION 114. In Colorado Revised Statutes, 37-95-104, amend
(3) and (4) as follows:
37-95-104. Establishment of authority - board of directors -
removal - organization - compensation - dissolution. (3) Members of the
board shall be appointed for terms of four years; except that of the original
terms commencing October 1, 1981, three members shall be appointed for
terms of one year, two members shall be appointed for terms of two years,
two members for terms of three years, and two members for terms of four
years, at the governor's discretion THE TERMS SHALL BE STAGGERED SO THAT
NO MORE THAN THREE MEMBERS
' TERMS EXPIRE IN THE SAME YEAR. Each
member shall hold office for the term of his
THE MEMBER'S appointment and
until his A successor has been appointed. and has qualified. A member shall
be eligible for reappointment. Any vacancy in the membership occurring
other than by expiration of term shall be filled in the same manner as the
original appointment but for the unexpired term only.
(4) Each member may be removed from office by the governor for
cause. after a public hearing, and may be suspended by the governor
pending the completion of such hearing. Each member shall take an oath or
affirmation in accordance with section 24-12-101.
SECTION 115. In Colorado Revised Statutes, 39-2-123, amend (2)
as follows:
39-2-123. Board of assessment appeals created - members -
PAGE 118-SENATE BILL 22-013 compensation. (2) Effective July 1, 1991, the existing board of assessment
appeals is abolished, and the terms of members of the board then serving
are terminated. Effective July 1, 1991, the new THE board shall be
comprised CONSISTS of three members, who shall be appointed by the
governor with the consent of the senate. Appointments to the board shall be
as follows: One member shall be appointed for a term of two years, and two
members shall be appointed for terms of four years. Thereafter,
Appointments to the board shall be for terms of four years; each EXCEPT
THAT THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN TWO
MEMBERS
' TERMS EXPIRE IN THE SAME YEAR. In order to allow for appeals
to be heard timely, up to six additional members may be appointed to the
board by the governor with the consent of the senate. Such additional
members shall be appointed for terms of one state fiscal year each.
Members of the board shall be experienced in property valuation and
taxation and shall be public employees, as defined in section 24-10-103
(4)(a), who are not subject to the state personnel system laws. One of such
members shall be or shall have been, within the five years immediately
preceding the date of initial appointment, actively engaged in agriculture.
On and after June 1, 1993, members shall be licensed or certificated
pursuant to the provisions of part 6 of article 10 of title 12. Service on the
board shall be at the pleasure of the governor, who may appoint a
replacement to serve for the unexpired term of any member. Such
replacement shall be appointed with the consent of the senate. Any other
vacancies on the board shall be filled by appointment by the governor with
the consent of the senate for the unexpired term.
SECTION 116. In Colorado Revised Statutes, 39-9-101, amend (2)
as follows:
39-9-101. State board of equalization. (2) No more than three
members of the state board of equalization shall be affiliated with the same
political party. Except as otherwise provided in section 2-2-326, C.R.S.,
each member shall IS ENTITLED TO receive a per diem allowance of fifty
dollars for each day spent attending meetings or hearings of the state board
of equalization or otherwise spent discharging his
THE MEMBER'S duties as
a member of said THE board; except that no A member shall NOT receive the
per diem allowance provided for in this subsection (2) for any day for which
he
THE MEMBER receives a per diem allowance from the state under any
other statute and except that no A member shall NOT receive the per diem
allowance provided for in this subsection (2) if he THE MEMBER receives a
PAGE 119-SENATE BILL 22-013 salary from the state for a full-time position with the state. Except as
otherwise provided in section 2-2-326, C.R.S., each member of said THE
board shall IS ENTITLED TO receive actual and necessary expenses incurred
in performing his THE MEMBER'S duties as a member of said THE board. The
members appointed by the governor shall serve at the pleasure of the
governor but shall not serve for more than four consecutive years unless
reappointed by the governor and reconfirmed by the senate at the conclusion
of said
THE four years. Vacancies in either of the appointed positions on the
state board of equalization shall be filled by appointment by the governor
with the consent of the senate for the unexpired term.
SECTION 117. In Colorado Revised Statutes, 40-6.5-102, amend
(3)(b)(I) as follows:
40-6.5-102. Office of the utility consumer advocate and utility
consumers' board - creation - appointment - attorney general to
represent. (3) (b) (I) The board consists of eleven
members seven of
whom the governor appoints APPOINTED AS FOLLOWS:
(A) The governor shall appoint
ONE MEMBER FROM EACH
CONGRESSIONAL DISTRICT IN THE STATE
. OF THE MEMBERS APPOINTED BY
THE GOVERNOR
, at least one member who is
MUST BE actively engaged in
agriculture as a business and at least two members who are MUST BE owners
of small businesses with one hundred or fewer employees. In making
appointments to the board, the governor shall ensure that the membership
of the board represents each of the congressional districts of the state and
that No more than four A MINIMUM MAJORITY of the governor's
appointments are MAY BE affiliated with the same political party.
(B) The president of the senate, the speaker of the house of
representatives, the minority leader of the senate, and the minority leader of
the house of representatives shall each appoint one member of the board.
SECTION 118. In Colorado Revised Statutes, 42-5-112, amend
(2)(b); and repeal (2)(b.5) as follows:
42-5-112. Automobile theft prevention authority - board -
creation - duties - rules - fund - repeal. (2) (b) The governor shall appoint
members of the board within thirty days after the governor receives
notification pursuant to subsection (5) of this section that moneys in the
PAGE 120-SENATE BILL 22-013 fund exceed the sum of three hundred thousand dollars. The appointed
members of the board shall serve terms of six years; except that, of the
members first appointed pursuant to sub-subparagraph (A) of subparagraph
(III) of paragraph (a) of this subsection (2), the governor shall select one
member who shall serve an initial term of four years and one member who
shall serve an initial term of two years. Of the members first appointed
pursuant to sub-subparagraph (B) of subparagraph (III) of paragraph (a) of
this subsection (2), the governor shall select one member who shall serve
an initial term of two years. The member first appointed pursuant to
sub-subparagraph (C) of subparagraph (III) of paragraph (a) of this
subsection (2) shall serve an initial term of four years THE APPOINTED
MEMBERS OF THE BOARD SHALL SERVE TERMS OF SIX YEARS
; EXCEPT THAT
THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN THREE MEMBERS
'
TERMS EXPIRE IN THE SAME YEAR. No appointed member shall serve more
than two consecutive six-year terms.
(b.5) Notwithstanding the provisions of paragraph (b) of this
subsection (2), of the two additional members appointed to the board
pursuant to Senate Bill 08-060, enacted at the second regular session of the
sixty-sixth general assembly, one member shall serve an initial term of four
years and one member shall serve an initial term of two years.
SECTION 119. In Colorado Revised Statutes, 43-1-106, amend (1)
as follows:
43-1-106. Transportation commission - powers and duties.
(1) There is hereby created a THE transportation commission, which shall
consist CONSISTS of eleven members. The initial members of the
commission shall be the members of the state highway commission
immediately prior to July 1, 1991, and each such commission member shall
continue to represent the same district.
SECTION 120. In Colorado Revised Statutes, 43-4-1001, amend
(2)(c) as follows:
43-4-1001. Southwest chief and front range passenger rail
service in Colorado - commission - membership and powers -
definitions. (2) (c) (I) Except as otherwise provided in subsection (2)(c)(II)
of this section, appointing authorities shall appoint the initial commissioners
and appointed advisors of the commission no later than July 1, 2017, for
PAGE 121-SENATE BILL 22-013 terms commencing on that date. Commissioners appointed pursuant to
subsection (2)(a) of this section shall serve for terms of four years; except
that the initial terms of one of the commissioners appointed pursuant to
subsection (2)(a)(I)(A) of this section, one of the commissioners appointed
pursuant to subsection (2)(a)(I)(B) of this section, and the commissioners
appointed pursuant to subsections (2)(a)(II)(A), (2)(a)(II)(C), and
(2)(a)(II)(E) of this section are two years. COMMISSIONERS ARE APPOINTED
FOR TERMS OF FOUR YEARS
; EXCEPT THAT THE TERMS SHALL BE STAGGERED
SO THAT NO MORE THAN SIX MEMBERS
' TERMS EXPIRE IN THE SAME YEAR.
The commission shall elect a chair from its members. at its first meeting.(II) Commissioners appointed pursuant to subsection (2)(a)(II) of
this section shall be appointed no later than May 15, 2017, for terms
commencing on July 1, 2017.
SECTION 121. In Colorado Revised Statutes, 43-10-104, amend
(1) as follows:
43-10-104. Colorado aeronautical board - created. (1) (a) The
division shall be under the jurisdiction of the Colorado aeronautical board,
which board is hereby
created.
(b) The board shall consist CONSISTS of seven members The initial
members of the board shall be the members of the Colorado aeronautical
board as such existed in the department of military and veterans affairs prior
to July 1, 1991, and the terms of such members shall expire as the original
terms of such members were scheduled to expire. Thereafter, the governor
shall appoint their successors APPOINTED BY THE GOVERNOR , WITH THE
CONSENT OF THE SENATE
, for terms of three years; each
EXCEPT THAT THE
TERMS SHALL BE STAGGERED SO THAT NO MORE T HAN THREE MEMBERS
'
TERMS EXPIRE IN THE SAME YEAR.
(c) If any such
member vacates his or her THE MEMBER'S office
during the term for which appointed to the board, a vacancy on the board
shall exist
EXISTS and shall be filled by the governor for the unexpired term.
All such appointments shall be with the consent of the senate.
(d) The board shall annually elect from its members a chairman, a
vice-chairman CHAIR, A VICE-CHAIR, and a secretary.
PAGE 122-SENATE BILL 22-013 (e) The members of the board shall ARE ENTITLED TO receive fifty
dollars per diem while the board is in session and shall TO be reimbursed for
all actual and necessary expenses incurred in the performance of their
official duties.
(f) The board shall not conduct any business unless there are at least
four members of the board present.
SECTION 122. In Colorado Revised Statutes, 44-30-301, amend
(1) introductory portion and (1)(b) as follows:
44-30-301. Colorado limited gaming control commission -
creation. (1) There is hereby
created, within the division of gaming, the
Colorado limited gaming control commission. The commission shall consist
CONSISTS of five members, all of whom shall MUST be citizens of the United
States and residents of this state who have been residents of the state for the
past five years. The members shall be appointed by the governor, with the
consent and approval of the senate. No member shall have been convicted
of a felony or gambling-related offense, notwithstanding the provisions of
section 24-5-101. No more than three of the five members shall be members
of MAY BE AFFILIATED WITH the same political party and no more than one
member shall MAY be from any one congressional district; except that a
member who is serving pursuant to subsection (1)(a) of this section as a
registered elector of Teller or Gilpin county may reside in the same
congressional district as one of the other members. At the first meeting of
each fiscal year, a chair and vice-chair of the commission shall be chosen
from the membership by a majority of the members. Membership and
operation of the commission shall additionally meet the following
requirements:
(b) Initial members shall be appointed to the commission by the
governor as follows: One member to serve until July 1, 1992, one member
to serve until July 1, 1993, one member to serve until July 1, 1994, and two
members to serve until July 1, 1995. All subsequent appointments shall be
for terms of THE TERM OF OFFICE FOR EACH MEMBER IS four years; EXCEPT
THAT THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN TWO
MEMBERS
' TERMS EXPIRE IN THE SAME YEAR. No member of the commission
shall be IS eligible to serve more than two consecutive terms.
SECTION 123. In Colorado Revised Statutes, 44-30-1302, amend
PAGE 123-SENATE BILL 22-013 (1) introductory portion, (1)(c) introductory portion, (1)(c)(I), (1)(d), (1)(h),
and (2) as follows:
44-30-1302. Local government limited gaming impact advisory
committee - creation - duties. (1) There is hereby created within the
department of local affairs a THE local government limited gaming impact
advisory committee, referred to in this section as the "committee". The
committee shall be composed
CONSISTS of the following thirteen members:
(c) Three members representing the counties eligible to receive
money from the fund pursuant to section 44-30-1301 (2) who shall serve at
the pleasure of the boards
APPOINTING AUTHORITY and who shall be
appointed as follows:
(I) One member shall be appointed by the chairs of the boards of
county commissioners from the counties impacted by gaming in the city of
Cripple Creek who shall serve a term of four years; except the initial
appointee who shall serve a term of two years;
(d) Two members representing the municipalities eligible to receive
money from the fund pursuant to section 44-30-1301 (2) to be appointed by
the mayors of the municipalities and who shall serve at the pleasure of the
mayors for terms of four years. except that one of the initial appointees shall
serve a term of two years. Not more than one member shall be selected
pursuant to this subsection (1)(d) from each of the groups of counties
described in subsections (1)(c)(I) to (1)(c)(III) of this section.
(h) Two members representing the governor, to be appointed by the
governor and who shall serve at the pleasure of the governor
FOR TERMS OF
FOUR YEARS
.
(2) The terms of the members appointed by the speaker of the house
of representatives and the president of the senate who are serving on March
22, 2007, shall be extended to and expire on or shall terminate on the
convening date of the first regular session of the sixty-seventh general
assembly. As soon as practicable after the convening date, the speaker and
the president shall each appoint or reappoint one member in the same
manner as provided in subsections (1)(f) and (1)(g) of this section.
Thereafter, The terms of the members appointed or reappointed by the
speaker and the president shall expire on the convening date of the first
PAGE 124-SENATE BILL 22-013 regular session of each general assembly, and all subsequent appointments
and reappointments by the speaker and the president shall be made as soon
as practicable after the convening date. The person making the original
appointment or reappointment shall fill any vacancy by appointment for the
remainder of an unexpired term. Members appointed or reappointed by the
speaker and the president shall serve at the pleasure of the appointing
authority and shall continue in office until the member's successor is
appointed.
SECTION 124. In Colorado Revised Statutes, 44-32-301, amend
(1) introductory portion, (1)(a), and (1)(b) as follows:
44-32-301. Racing commission - creation. (1) There is hereby
created, within the division of racing events, the Colorado racing
commission. The commission shall consist CONSISTS of five members, all
of whom shall MUST be citizens of the United States and shall MUST have
been residents of this state for the past five years. The members shall be
ARE appointed by the governor, with the consent and approval of the senate.
No member shall have been convicted of a felony or gambling-related
offense, notwithstanding the provisions of section 24-5-101. No more than
three of the five members shall be members of
MAY BE AFFILIATED WITH the
same political party. At the first meeting of each fiscal year, a chair and
vice-chair of the commission shall be chosen from the membership by a
majority of the members. Membership and operation of the commission
shall additionally meet the following requirements:
(a) (I) Two members of the commission shall have been previously
engaged in the racing industry for at least five years;
(II) One member shall be a practicing veterinarian who is currently
licensed in Colorado and has been so licensed for not less than five years;
(III) One member shall have been engaged in business in a
management-level capacity for at least five years; and
(IV) One member shall be a registered elector of the state who is not
employed in any profession or industry otherwise described in this
subsection (1)(a); however,
(V) No more than two members of the commission shall MAY be
PAGE 125-SENATE BILL 22-013 from the same congressional district; and
(VI) One member of the commission shall MUST be from west of the
continental divide.
(b) Initial members shall be appointed to the commission by the
governor as follows: One member to serve until July 1, 1993, one member
to serve until July 1, 1994, one member to serve until July 1, 1995, and two
members to serve until July 1, 1996. All subsequent appointments shall be
for terms of THE TERM OF OFFICE FOR A MEMBER IS four years; EXCEPT THAT
TERMS SHALL BE STAGGERED SO THAT NO MORE T HAN TWO MEMBERS
' TERMS
EXPIRE IN THE SAME YEAR
. No member of the commission shall be
IS
eligible to serve more than two consecutive terms.
SECTION 125. In Colorado Revised Statutes, 44-40-108, amend
(3) as follows:
44-40-108. Colorado lottery commission - creation. (3) Initial
members shall be appointed to the commission by the governor as follows:
One member to serve until July 1, 1983, one member to serve until July 1,
1984, one member to serve until July 1, 1985, and two members to serve
until July 1, 1986. All subsequent appointments MEMBERS shall be
APPOINTED for terms of four years. No member of the commission shall be
eligible to serve more than two terms.
SECTION 126. In Colorado Revised Statutes, amend 11-102-501
as follows:
11-102-501. Banking interests of officers and employees. No
officer or employee of the division shall be an officer, director, attorney,
owner, or shareholder in any bank, or, except as provided in this article
ARTICLE 102, receive, directly or indirectly, any payment or gratuity from
any such bank, or be indebted to any bank or other institution over which
the division has supervisory control. Willful violation of this section is
declared to be a criminal offense. This section shall
DOES not prohibit being
a depositor or the lessee of a safe deposit box on the same terms as are
available to the public generally, or being indebted to a bank: Upon a
mortgage loan upon the mortgagor's own home, or upon an installment debt
transferred to a bank in the regular course of business by a seller of
consumer goods including automobiles purchased by the officer or
PAGE 126-SENATE BILL 22-013 employee. Further, this section shall DOES not prohibit the four FIVE banker
members of the banking board, provided for in section 11-102-103 (2)(a)
SECTION 11-102-103 (1)(a), from being executive officers in banks and from
receiving bona fide compensation as such officers.
SECTION 127. In Colorado Revised Statutes, 24-48.5-126, amend
(2)(b) as follows:
24-48.5-126. Small business COVID-19 grant program -
legislative declaration - definitions - reporting - repeal. (2) Definitions.
As used in this section, unless the context otherwise requires:
(b) "Commission" means the Colorado economic development
commission created in section 24-46-102 (2) SECTION 24-46-102 (1).
SECTION 128. In Colorado Revised Statutes, 26-6.8-102, amend
(2)(d)(I) as follows:
26-6.8-102. Tony Grampsas youth services program - creation
- standards - applications. (2) (d) (I) The youth services program fund is
created in the state treasury. The principal of the fund consists of tobacco
litigation settlement moneys
MONEY transferred by the state treasurer to the
fund pursuant to section 24-75-1104.5 (1.7)(e). C.R.S. Subject to annual
appropriation by the general assembly, the state department may expend
moneys
MONEY from the fund for the Tony Grampsas youth services
program, including the compensation of youth members of the Tony
Grampsas youth services board, as described in section 26-6.8-103 (1)(e)(II)
SECTION 26-6.8-103 (1)(f)(II). All unexpended and unencumbered moneys
MONEY in the fund at the end of any fiscal year remain REMAINS in the fund
and shall not be transferred to the general fund or any other fund.
SECTION 129. In Colorado Revised Statutes, 29-4-708, amend
(1)(bb)(I) as follows:
29-4-708. General powers of the authority - repeal. (1) In
addition to any other powers granted to the authority in this part 7, the
authority has the following powers:
(bb) (I) To contract with the Colorado economic development
commission created in section 24-46-102 (2)
SECTION 24-46-102 (1) for the
PAGE 127-SENATE BILL 22-013 operation of the small business COVID-19 grant program established in
section 24-48.5-126 (3).
SECTION 130. In Colorado Revised Statutes, 32-15-106, amend
(1) introductory portion and (1)(p) as follows:
32-15-106. Board of directors - powers and duties. (1) In
addition to any other powers specifically granted to the board in this article
ARTICLE 15, the board shall have HAS the following duties and powers:
(p) To receive and accept from any source aid or contributions of
money, property, labor, or other things of value to be held, used, and
applied to carry out the purposes of this article
ARTICLE 15 subject to the
conditions upon which the grants or contributions are made; except that no
public moneys
MONEY from the state, any city, town, city and county, or
county, and any department, agency, or instrumentality of the United States
of America shall be accepted or expended for any purpose set forth in this
article
ARTICLE 15. Notwithstanding any provision set forth in this
paragraph (p) SUBSECTION (1)(p), the board shall not be prohibited from
receiving public moneys MONEY from the economic development
commission created pursuant to section 24-46-102 (2), C.R.S., SECTION
24-46-102 (1) that are IS paid from the economic development fund created
pursuant to section 24-46-105. C.R.S.
SECTION 131. In Colorado Revised Statutes, 39-22-307, amend
(2)(a) as follows:
39-22-307. Credit allowed for prior payment of impact
assistance. (2) Eligible contributions, for the purpose of such credit, shall
include the donation of property or payments to units of local government
for use in the planning or construction or expansion of public facilities,
limited to roads, schools, water facilities, sewerage facilities, police and fire
protection facilities, and hospitals, which are deemed to be necessitated by
the initiation of a new operation or an expansion of an existing operation.
In order to qualify as an eligible contribution for credit, the following
requirements shall be fulfilled:
(a) Each contribution shall be based on an agreement between the
taxpayer and a unit of local government specifying the need for such
THE
contribution and its nature, value, and purpose. Such THE agreement shall
PAGE 128-SENATE BILL 22-013 be submitted for review to each unit of local government which THAT is
impacted by the new operation or the expansion of an existing operation.
Each impacted unit of local government may send comments on the
agreement to the parties to the agreement and the energy impact assistance
advisory committee pursuant to section 34-63-102 (5)(b), C.R.S.
SECTION
34-63-102 (5)(b)(VI).
SECTION 132. In Colorado Revised Statutes, 39-29-110, amend
(2.5) as follows:
39-29-110. Local government severance tax fund - creation -
administration - definitions - repeal. (2.5) In accordance with the
provisions of section 34-63-102 (5)(b)(I), C.R.S. SECTION 34-63-102
(5)(b)(VI), the energy impact assistance advisory committee established
pursuant to said section shall make recommendations to the executive
director of the department of local affairs regarding the distribution of
moneys
MONEY authorized pursuant to this section.
SECTION 133. In Colorado Revised Statutes, repeal 24-1-135.1
and 24-1-137.
SECTION 134. Appropriation. (1) For the 2022-23 state fiscal
year, $14,105 is appropriated to the department of state. This appropriation
is from the department of state cash fund created in section 24-21-104
(3)(b), C.R.S. To implement this act, the department may use this
appropriation for document management services.
(2) For the 2022-23 state fiscal year, $14,105 is appropriated to the
department of personnel. This appropriation is from reappropriated funds
received from the department of state under subsection (1) of this section.
To implement this act, the department of personnel may use this
appropriation to provide document management services for the department
of state.
(3) For the 2022-23 state fiscal year, $600 is appropriated to the
department of public health and environment for use by the administration
and support division. This appropriation is from the general fund. To
implement this act, the department may use this appropriation for
reimbursement for members of the state board of health.
PAGE 129-SENATE BILL 22-013 SECTION 135. Effective date. (1) Except as otherwise provided
in this section, this act takes effect upon passage.
(2) Section 26-11-101, Colorado Revised Statutes, as amended in
section 90 of this act, only takes effect if House Bill 22-1035 does not
become law.
(3) Section 35-65-401 (2), (3), (4), (5), and (8.5), Colorado Revised
Statutes, as amended in section 107 of this act, only takes effect if Senate
Bill 22-042 does not become law.
PAGE 130-SENATE BILL 22-013 SECTION 136. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 131-SENATE BILL 22-013