Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0028.01 Megan Waples x4348
SENATE BILL 22-042
Senate Committees House Committees
State, Veterans, & Military Affairs Agriculture, Livestock, & Water
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
HOUSE
2nd Reading Unamended
March 10, 2022
SENATE
3rd Reading Unamended
February 24, 2022
SENATE
Amended 2nd Reading
February 23, 2022
SENATE SPONSORSHIP
Coram, Bridges, Buckner, Cooke, Gonzales, Hisey, Kirkmeyer, Priola, Rankin, Scott,
Simpson, Smallwood, Sonnenberg, Woodward
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), (5), and (8.5)
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 board5
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 eleven HAS THIRTEEN9
members, ten TWELVE of whom shall be appointed by the governor with10
the consent of the senate and one who shall be IS the commissioner of11
042-2- agriculture or his or her THE COMMISSIONER'S designee. At no time shall1
B
EFORE OCTOBER 31, 2022, NO more than six members of the board MAY2
be affiliated with the same political party as the governor. Within thirty
3
days after June 30, 1997, the governor shall appoint the initial members4
of the board. The governor may appoint, as a member of the board, any5
person who was a member of the board prior to its termination.6
(c) (I) O
N OCTOBER 31, 2022, THE GOVERNOR SHALL APPOINT TWO
7
BOARD MEMBERS FROM THE STATE AT LARGE IN ACCORDANCE WITH8
SUBSECTION (3)(b) OF THIS SECTION. MEMBERS APPOINTED BEFORE THE9
EFFECTIVE DATE OF THIS SUBSECTION (2)(c)(I) TO REPRESENT THE10
CONGRESSIONAL DISTRICTS AND THE STATE AT LARGE MAY HOLD OFFICE11
FOR THE REMAINDER OF THE TERM TO WHICH EACH MEMBER WAS12
APPOINTED. WHEN A MEMBER'S TERM EXPIRES OR A VACANCY OTHERWISE13
OCCURS, THE GOVERNOR SHALL APPOINT A NEW MEMBER IN ACCORDANCE14
WITH THE REQUIREMENTS OF SUBSECTION (3) OF THIS SECTION.15
(II) T
HIS SUBSECTION (2)(c) IS REPEALED, EFFECTIVE DECEMBER16
31,
2026.17
(3) Of the ten appointed
THE GOVERNOR SHALL APPOINT THE18
FOLLOWING TWELVE members of the board:19
(a) Two shall be residents of the county in which the Colorado20
state fair and industrial exposition is held; and21
(b) T
WO MEMBERS FROM THE STATE AT LARGE ; AND
22
(c) Of the remaining eight members, at least one shall be a23
resident of each of the congressional TWO RESIDENTS FROM EACH OF THE24
FOUR AGRICULTURAL districts of the state, and at least two shall be25
residents of the western slope of the state AS DEFINED IN SECTION26
35-1-105 (1)(c). 27
042
-3- (4) Of the members first appointed to the board, two members1
representing congressional districts shall be appointed for terms expiring2
November 1, 1998; two members representing congressional districts3
shall be appointed for terms expiring November 1, 1999; one member4
representing a congressional district, one member representing the county5
in which the Colorado state fair and industrial exposition is held, and one6
at-large member shall be appointed for terms expiring November 1, 2000;7
one member representing a congressional district, one at-large member,8
and one member representing the county in which the Colorado state fair9
and industrial exposition is held shall be appointed for terms expiring10
November 1, 2011. Thereafter, Members of the board shall be appointed11
for terms of four years;
EXCEPT THAT THE TERMS SHALL BE STAGGERED SO12
THAT NO MORE THAN THREE MEMBERS ' TERMS EXPIRE IN THE SAME YEAR.13
Appointments made to the board when the senate is not in session shall
14
be ARE temporary appointments, and the appointees shall serve on a15
temporary basis until the senate is in session and is able to confirm such16
appointments. I
F THE SENATE DOES NOT CONFIRM A TEMPORARY17
APPOINTMENT DURING THE NEXT REGULAR SESSION , THE TEMPORARY18
APPOINTEE'S TERM ENDS AND THE PERSON SHALL NOT BE REAPPOINTED AS
19
A TEMPORARY APPOINTEE DURING THE SUBSEQUENT LEGISLATIVE20
INTERIM. Each member shall hold office until the member's successor is21
appointed and qualified.22
(5) (a) Of the ten TWELVE appointed members of the board:23
(I) one shall be a certified public accountant, one shall have24
expertise in finance through current management-level experience in25
banking, and one shall have substantial experience in agriculture or in the26
activities of 4-H clubs FOUR MUST BE INVOLVED IN THE AGRICULTURAL27
042
-4- INDUSTRY;1
(II) AT LEAST THREE MUST BE AFFILIATED WITH EACH MAJOR2
POLITICAL PARTY FOR AT LEAST ONE YEAR PRIOR TO APPOINTMENT , AS3
SHOWN IN THE STATEWIDE VOTER REGISTRATION SYSTEM ; AND4
(III) AT LEAST THREE MUST BE UNAFFILIATED FOR AT LEAST ONE5
YEAR PRIOR TO APPOINTMENT , AS SHOWN IN THE STATEWIDE VOTER6
REGISTRATION SYSTEM.7
(b) I
N MAKING APPOINTMENTS, THE GOVERNOR SHALL ATTEMPT TO
8
ENSURE THAT THE BOARD REPRESENTS THE GEOGRAPHIC DIVERSITY OF9
THE STATE.10
(8.5) All eleven THIRTEEN members of the board, including the11
commissioner of agriculture or his or her designee, shall be voting12
members of the board. The members of the board shall elect a chair, a13
vice-chair, and a secretary from among the membership of the board.14
Board action shall require the affirmative vote of a majority of a quorum15
of the board.16
SECTION 2. Act subject to petition - effective date. This act17
takes effect at 12:01 a.m. on the day following the expiration of the18
ninety-day period after final adjournment of the general assembly; except19
that, if a referendum petition is filed pursuant to section 1 (3) of article V20
of the state constitution against this act or an item, section, or part of this21
act within such period, then the act, item, section, or part will not take22
effect unless approved by the people at the general election to be held in23
November 2022 and, in such case, will take effect on the date of the24
official declaration of the vote thereon by the governor.25
042
-5-