Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0028.01 Megan Waples x4348
SENATE BILL 22-042
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
C
ONCERNING CHANGES TO THE MEMBERSHIP OF THE BOARD OF101
COMMISSIONERS OF THE COLORADO STATE FAIR AUTHORITY .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill restructures the board of commissioners of the Colorado
state fair authority. Under current law, the appointed members of the
board include 2 residents of the county in which the Colorado state fair
and industrial exposition is held, one resident of each of the 7
congressional districts, and one person from the state at large. Under the
bill, the board still includes 2 residents of the county in which the
SENATE SPONSORSHIP
Coram,
HOUSE SPONSORSHIP
Esgar and Will,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. Colorado state fair and industrial exposition is held, but the remaining 8
appointed members include 2 residents from each of the 4 agricultural
districts of the state. The terms of office of the 8 appointed members
currently representing the congressional districts and the state at large are
terminated on October 31, 2022. The governor is required to appoint 8
new members for terms beginning on November 1, 2022, representing the
4 agricultural districts of the state. The terms of the new members are
staggered so that no more than 3 members' terms expire in one year. After
the initial staggering, members are appointed for terms of 4 years. To the
extent possible, the governor is required to reappoint existing members
to represent the agricultural districts in which the existing members
reside.
One member appointed from each agricultural district must be
involved in agricultural production. Of the 10 appointed members, at least
2 must reside west of the continental divide, with one of the 2 residing
north of interstate 70 and the other residing south of interstate 70. One
member must reside east of both U.S. highway 287 and U.S. highway 87.
In addition, at least 3 members must be affiliated with each of the major
political parties for at least one year prior to appointment, and at least 3
members must be unaffiliated for at least one year prior to appointment.
If a person appointed on a temporary basis while the general
assembly is not in session is not confirmed by the senate during the next
regular session, the person's term ends and the person is not eligible for
reappointment.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 35-65-401, amend2
(2), (3), (4), and (5) as follows:3
35-65-401. Colorado state fair authority - creation - board -4
powers and duties - repeal. (2) (a) On June 30, 1997, the existing board
5
of commissioners of the Colorado state fair authority is abolished, and the6
terms of the members of the board then serving are terminated.7
(b) There is hereby created the board of commissioners of the8
Colorado state fair authority, which shall have HAS eleven members, ten9
of whom shall be appointed by the governor with the consent of the10
senate and one who shall be IS the commissioner of agriculture or his or11
SB22-042-2- her THE COMMISSIONER'S designee. At no time shall BEFORE OCTOBER 31,1
2022,
NO more than six members of the board MAY be affiliated with the2
same political party as the governor. Within thirty days after June 30,
3
1997, the governor shall appoint the initial members of the board. The4
governor may appoint, as a member of the board, any person who was a5
member of the board prior to its termination.6
(c) (I) O
N OCTOBER 31, 2022, THE TERMS OF THE EIGHT APPOINTED7
MEMBERS THEN SERVING TO REPRESENT THE CONGRESSIONAL DISTRICTS8
AND THE STATE AT LARGE ARE TERMINATED . ON OR BEFORE NOVEMBER9
1,
2022, THE GOVERNOR SHALL APPOINT EIGHT NEW MEMBERS OF THE10
BOARD IN ACCORDANCE WITH SUBSECTION (3)(b) OF THIS SECTION FOR11
TERMS TO COMMENCE ON NOVEMBER 1, 2022. IN MAKING THE12
APPOINTMENTS, THE GOVERNOR SHALL ENSURE THAT THE TOTAL13
APPOINTED MEMBERSHIP OF THE BOARD MEETS THE REQUIREMENTS OF14
SUBSECTION (5) OF THIS SECTION. TO THE EXTENT POSSIBLE , THE15
GOVERNOR SHALL REAPPOINT MEMBERS WHOSE TERMS ARE TERMINATED16
BY THIS SUBSECTION (2)(c)(I) TO REPRESENT THE AGRICULTURAL17
DISTRICTS IN WHICH THEY RESIDE AND SHALL ATTEMPT TO PRESERVE THE18
LENGTH OF A REAPPOINTED MEMBER 'S EXISTING TERM. THE NEWLY19
APPOINTED MEMBERS SERVE TERMS OF UP TO FOUR YEARS ; EXCEPT THAT20
THE GOVERNOR SHALL APPOINT MEMBERS TO SHORTER TERMS AS21
NECESSARY TO ENSURE THAT NO MORE THAN THREE APPOINTED MEMBERS '22
TERMS EXPIRE IN THE SAME YEAR . SUCCESSORS ARE APPOINTED FOR23
TERMS OF FOUR YEARS IN ACCORDANCE WITH SUBSECTION (4) OF THIS24
SECTION.25
(II) T
HIS SUBSECTION (2)(c) IS REPEALED, EFFECTIVE DECEMBER26
31,
2026.27
SB22-042
-3- (3) Of the ten appointed THE GOVERNOR SHALL APPOINT THE1
FOLLOWING TEN members of the board:2
(a) Two shall be residents of the county in which the Colorado3
state fair and industrial exposition is held; and4
(b) Of the remaining eight members, at least one shall be a5
resident of each of the congressional TWO RESIDENTS FROM EACH OF THE6
FOUR AGRICULTURAL districts of the state, and at least two shall be7
residents of the western slope of the state AS DEFINED IN SECTION8
35-1-105 (1)(c). A
T LEAST ONE RESIDENT APPOINTED FROM EACH9
AGRICULTURAL DISTRICT MUST BE INVOLVED IN AGRICULTURAL10
PRODUCTION.11
(4) Of the members first appointed to the board, two members
12
representing congressional districts shall be appointed for terms expiring13
November 1, 1998; two members representing congressional districts14
shall be appointed for terms expiring November 1, 1999; one member15
representing a congressional district, one member representing the county16
in which the Colorado state fair and industrial exposition is held, and one17
at-large member shall be appointed for terms expiring November 1, 2000;18
one member representing a congressional district, one at-large member,19
and one member representing the county in which the Colorado state fair20
and industrial exposition is held shall be appointed for terms expiring21
November 1, 2001. Thereafter, EXCEPT AS OTHERWISE PROVIDED IN22
SUBSECTION (2)(c)(I) OF THIS SECTION, members of the board shall be23
appointed for terms of four years;
EXCEPT THAT THE TERMS SHALL BE24
STAGGERED SO THAT NO MORE THAN THREE MEMBERS ' TERMS EXPIRE IN25
THE SAME YEAR. Appointments made to the board when the senate is not26
in session shall be
ARE temporary appointments, and the appointees shall27
SB22-042
-4- serve on a temporary basis until the senate is in session and is able to1
confirm such appointments. I
F THE SENATE DOES NOT CONFIRM A2
TEMPORARY APPOINTMENT DURING THE NEXT REGULAR SESSION , THE3
TEMPORARY APPOINTEE'S TERM ENDS AND THE PERSON IS NOT ELIGIBLE4
FOR REAPPOINTMENT. Each member shall hold office until the member's5
successor is appointed and qualified.6
(5) Of the ten appointed members of the board:7
(a) O
NE MUST RESIDE WEST OF THE CONTINENTAL DIVIDE AND8
NORTH OF INTERSTATE 70;9
(b) O
NE MUST RESIDE WEST OF THE CONTINENTAL DIVIDE AND10
SOUTH OF INTERSTATE 70;11
(c) O
NE MUST RESIDE EAST OF BOTH UNITED STATES HIGHWAY 28712
AND UNITED STATES HIGHWAY 87;13
(d) A
T LEAST THREE MUST BE AFFILIATED WITH EACH MAJOR14
POLITICAL PARTY FOR AT LEAST ONE YEAR PRIOR TO APPOINTMENT , AS15
SHOWN IN THE STATEWIDE VOTER REGISTRATION SYSTEM ;16
(e)
AT LEAST THREE MUST BE UNAFFILIATED FOR AT LEAST ONE17
YEAR PRIOR TO APPOINTMENT , AS SHOWN IN THE STATEWIDE VOTER18
REGISTRATION SYSTEM;19
(f) One shall be a certified public accountant,
One shall MUST20
have expertise in finance through current management-level experience21
in banking; and22
(g) One shall MUST have substantial experience in agriculture or23
in the activities of 4-H clubs.24
SECTION 2. Act subject to petition - effective date. This act25
takes effect at 12:01 a.m. on the day following the expiration of the26
ninety-day period after final adjournment of the general assembly; except27
SB22-042
-5- that, if a referendum petition is filed pursuant to section 1 (3) of article V1
of the state constitution against this act or an item, section, or part of this2
act within such period, then the act, item, section, or part will not take3
effect unless approved by the people at the general election to be held in4
November 2022 and, in such case, will take effect on the date of the5
official declaration of the vote thereon by the governor.6
SB22-042
-6-