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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0185.01 JAG SENATE BILL 98­111

STATE OF COLORADO

BY SENATOR Coffman;

also REPRESENTATIVE Hefley. REREVISED

STATE, VETERANS & MILITARY AFFAIRS

A BILL FOR AN ACT

CONCERNING CERTAIN GOVERNMENTAL ENTITIES TO WHICH CURRENT MEMBERS OF THE COLORADO GENERAL ASSEMBLY ARE APPOINTED, AND, IN CONNECTION THEREWITH, AUTHORIZING THE APPOINTMENT OF FORMER MEMBERS OF THE COLORADO GENERAL ASSEMBLY TO SUCH GOVERNMENTAL ENTITIES.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Authorizes the appointment of former members of the general assembly who are not registered as professional lobbyists at the time of appointment to positions on certain commissions, boards, task forces, committees, councils, and panels to which current members of the general assembly are appointed. Regarding certain appointments, specifies that former members of the general assembly so appointed shall serve at the pleasure of the official making the appointment. Allows a member of the general assembly to continue to serve as a member of the Colorado commission on the aging if, during such term, the member loses his or her seat in the general assembly.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  10­8­505 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

10­8­505.  Board of directors ­ repeal. (2) (c) (I)  NOTWITHSTANDING PARAGRAPH (b) OF THIS SUBSECTION (2), ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH (c), A MEMBER OF THE BOARD APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE HOUSE OF REPRESENTATIVES IS AVAILABLE TO SERVE ON THE BOARD, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE BOARD APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IF NO CURRENT MEMBER OF THE SENATE IS AVAILABLE TO SERVE ON THE BOARD, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY. A FORMER MEMBER APPOINTED TO THE BOARD BY THE SPEAKER OF THE HOUSE OR THE PRESIDENT OF THE SENATE SHALL BE CONFIRMED BY THE SENATE.

(II)  THIS PARAGRAPH (c) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE BOARD OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 2.  11­59­105 (1), Colorado Revised Statutes, is amended to read:

11­59­105.  Advisory board ­ repeal. (1) (a)  There is hereby created the Colorado municipal bond supervision advisory board, to be composed of three members of the general assembly one municipal securities broker­dealer representative, one representative of a county, one representative of a municipality, one representative of a special district, one representative of banks which act as indenture trustees for municipal bond offerings, one bond counsel representative, one real estate developer representative, 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 four owners of residential real property located in special districts who are not associated with any of the other members or interests. 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 be for a period of four years. 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 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. The board shall choose its own chairperson by majority vote of the quorum present at a meeting called for the purpose of electing a chairperson. The board shall meet not less than quarterly. Members of the board shall receive no compensation but shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties. Such expenses shall be paid from the appropriations from the division of securities cash fund created in section 11­51­707. A majority of the board shall constitute a quorum to transact business and for the exercise of any of the powers or authority conferred.

(b) (I)  NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (1), ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (1), AS AMENDED, A LEGISLATIVE MEMBER OF THE BOARD APPOINTED BY THE GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, OR THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE GOVERNOR, SPEAKER OF THE HOUSE OR THE PRESIDENT OF THE SENATE IS AVAILABLE TO SERVE ON THE BOARD, BE A FORMER MEMBER OF THE GENERAL ASSEMBLY WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(II)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE BOARD OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVE, AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 3.  12­47.1­1402 (3) and (5), Colorado Revised Statutes, are amended to read:

12­47.1­1402.  Gaming impact task force ­ creation ­ duties ­ repeal. (3) (a) In addition to the nonlegislative members of the task force, the president of the senate may appoint one member of the senate, and the speaker of the house of representatives may appoint one member of the house, to serve as legislative members of the task force.

(b) (I)  NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (3), ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (3), AS AMENDED, A MEMBER OF THE TASK FORCE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE

HOUSE OF REPRESENTATIVES IS AVAILABLE TO SERVE ON THE TASK FORCE, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE TASK FORCE APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE SENATE IS AVAILABLE TO SERVE ON THE TASK FORCE, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(II)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE TASK FORCE OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

(5) (a)  Legislative members of the task force shall be entitled to per diem compensation and reimbursement of actual and necessary expenses from the legislative budget as otherwise provided for members of interim committees as authorized by law.

(b)  (I)  ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (5), AS AMENDED, FORMER MEMBERS OF THE GENERAL ASSEMBLY APPOINTED TO THE TASK FORCE SHALL SERVE AT THE PLEASURE OF THE OFFICIAL WHO APPOINTED SUCH INDIVIDUALS.

(II)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE TASK FORCE OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 4.  12­47.1­1602, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

12­47.1­1602.  Local government limited gaming impact advisory committee ­ creation ­ duties ­ repeal. (1.5) (a)   NOTWITHSTANDING PARAGRAPHS (f) AND (g) OF SUBSECTION (1) OF THIS SECTION, ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (1.5), A MEMBER OF THE COMMITTEE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF HOUSE OF REPRESENTATIVES IS AVAILABLE TO SERVE ON THE COMMITTEE, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE COMMITTEE APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE SENATE IS AVAILABLE TO SERVE ON THE COMMITTEE, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(b)   THIS SUBSECTION (1.5) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE COMMITTEE OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 5.  14­10­115, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

14­10­115.  Child support ­ guidelines ­ schedule of basic child support obligations ­ repeal. (19) (a)  NOTWITHSTANDING PARAGRAPH (a) OF SUBSECTION (18) OF THIS SECTION, ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (19), A MEMBER OF THE COMMISSION APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE HOUSE OF REPRESENTATIVES IS AVAILABLE TO SERVE ON THE COMMISSION, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE COMMISSION APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE SENATE IS AVAILABLE TO SERVE ON THE COMMISSION, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY. THE MEMBERS OF THE COMMISSION APPOINTED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT OF THE SENATE SHALL NOT BE MEMBERS OF THE SAME POLITICAL PARTY.

(b)   THIS SUBSECTION (19) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE COMMISSION OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 6.  17­24­104 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

17­24­104.  Creation of division of correctional industries and advisory committee ­ enterprise status of division ­ duties of committee ­ sunset review of committee ­ repeal. (2) (e) (I)  NOTWITHSTANDING SUBPARAGRAPH (II) OF PARAGRAPH (a) OF THIS SUBSECTION (2), ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH (e), A MEMBER OF THE COMMITTEE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OR THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY IS AVAILABLE TO SERVE ON THE COMMITTEE, BE A FORMER MEMBER OF THE GENERAL ASSEMBLY WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(II)  NOTWITHSTANDING PARAGRAPHS (b) AND (c) OF THIS SUBSECTION (2), ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH (e), A FORMER MEMBER APPOINTED TO THE COMMITTEE BY THE SPEAKER OF THE HOUSE OR THE PRESIDENT OF THE SENATE SHALL SERVE AT THE PLEASURE OF SUCH APPOINTING OFFICIAL AND MAY BE REMOVED FROM THE COMMISSION BY SUCH INDIVIDUAL FOR MALFEASANCE IN OFFICE, FOR FAILURE TO REGULARLY ATTEND MEETINGS, OR FOR ANY CAUSE WHICH RENDERS SUCH MEMBER INCAPABLE OF OR UNABLE TO DISCHARGE THE DUTIES OF HIS OFFICE. A FORMER MEMBER APPOINTED TO THE COMMITTEE BY THE SPEAKER OF THE HOUSE OR THE PRESIDENT OF THE SENATE MAY BE ELECTED TO BE THE CHAIR OF THE COMMITTEE BY THE VOTING MEMBERS OF THE COMMITTEE.

(III)  THIS PARAGRAPH (e) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 7. 23­11­103 (2), Colorado Revised Statutes, is amended to read:

23­11­103.  Colorado advanced technology institute commission ­ repeal. (2) (a)  On July 1, 1988, the terms of all commissioners then sitting shall be terminated, and new appointments shall be made according to the terms of this section; except that, of the seven new appointments, at least four shall be chosen from among the private industry representatives then sitting on the board. One ex officio member shall be appointed from the senate by the president of the senate, and one shall be appointed from the house of representatives by the speaker of the house of representatives. Ex officio members shall serve for terms of two years. The term of each commissioner appointed by the governor shall be four years; except that, of such commissioners first appointed, four commissioners shall be appointed for terms of two years, and three commissioners shall be appointed for terms of four years. A member appointed or designated to fill a vacancy arising other than by expiration of his term shall be appointed for the unexpired term of the commissioner whom he is to succeed. A commissioner shall be eligible for reappointment for one four­year term.

(b) (I)  NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (2), ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (2), AS AMENDED, AN EX OFFICIO MEMBER OF THE COMMISSION APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE HOUSE OF REPRESENTATIVES IS AVAILABLE TO SERVE ON THE COMMISSION, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND AN EX OFFICIO MEMBER OF THE COMMISSION APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE SENATE IS AVAILABLE TO SERVE ON THE COMMISSION, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(II)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY TO THE COMMISSION BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 8.  24­1.5­102 (1), Colorado Revised Statutes, is amended to read:

24­1.5­102.  State administrative organization board ­ creation ­ duties ­ repeal. (1) (a)  There is hereby created the state administrative organization board, referred to in this article as the "board", to be comprised of eleven members. Two members of the board shall be appointed by the speaker of the house of representatives, one of whom shall be a member of the general assembly. One member shall be appointed by the minority leader of the house of representatives and shall not be a member of the general assembly and shall not be a state government employee. The other member appointed by the speaker shall not be a member of the general assembly and shall not be a state government employee. Two members of the board shall be appointed by the president of the senate, one of whom shall be a member of the senate. One member shall be appointed by the minority leader of the senate and shall not be a member of the general assembly and shall not be a state government employee. The other member appointed by the president shall not be a member of the general assembly and shall not be a state government employee. Five members of the board shall be appointed by the governor, three of whom shall not be members of the general assembly or state government employees.

(b) (I)  NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (1), ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (1), AS AMENDED, A LEGISLATIVE MEMBER OF THE BOARD APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OR THE GOVERNOR MAY, IN THE EVENT NO CURRENT MEMBER OF THE GENERAL ASSEMBLY WHO WOULD BE APPOINTED BY THE GOVERNOR OR SPEAKER OF THE HOUSE IS AVAILABLE TO SERVE ON THE BOARD, BE A FORMER MEMBER OF THE GENERAL ASSEMBLY WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A LEGISLATIVE MEMBER OF THE BOARD APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE SENATE IS AVAILABLE TO SERVE ON THE BOARD, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(II)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY TO THE BOARD BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE GOVERNOR, AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 9.  24­30­1701 (1), Colorado Revised Statutes, is amended to read:

24­30­1701.  Commission on information management ­ creation ­ membership ­ repeal. (1) (a)  There is hereby created in the department of personnel the commission on information management, which shall consist of fifteen members and shall be constituted as follows: The governor shall appoint eight members from the private sector who shall exhibit a background in information management and technology; the president of the senate shall appoint one member of the senate, and the speaker of the house of representatives shall appoint one member of the house of representatives; and the remaining five members shall be the executive director of the department of personnel, the executive directors of three principal departments, which departments shall be designated by the governor, and the state court administrator. Private sector members shall serve for terms of four years each; except that, of those members first appointed to the commission, the terms of office shall be as follows: Two shall be appointed for one year, two shall be appointed for two years, two shall be appointed for three years, and two shall be appointed for four years. Private sector members shall receive no compensation for their services but shall be reimbursed from the governor's budget for their actual and necessary expenses incurred in the performance of their duties on the commission. Legislative members shall be compensated in the same manner as for attendance at interim committee meetings.

(b) (I)  NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (1), ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (1), AS AMENDED, A MEMBER OF THE COMMISSION APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE HOUSE OF REPRESENTATIVES IS AVAILABLE TO SERVE ON THE COMMISSION, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE COMMISSION APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE SENATE IS AVAILABLE TO SERVE ON THE COMMISSION, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY. A FORMER MEMBER OF THE GENERAL ASSEMBLY APPOINTED TO THE COMMISSION BY THE SPEAKER OF THE HOUSE OR THE PRESIDENT OF THE SENATE SHALL SERVE AT THE PLEASURE OF THE APPOINTING OFFICIAL. A FORMER MEMBER OF THE GENERAL ASSEMBLY APPOINTED TO THE COMMISSION BY THE SPEAKER OF THE HOUSE OR THE PRESIDENT OF THE SENATE SHALL NOT BE COMPENSATED FOR HIS OR HER SERVICES, BUT SHALL BE REIMBURSED FROM THE GOVERNOR'S BUDGET FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF HIS OR HER DUTIES ON THE COMMISSION IN THE SAME MANNER AS PRIVATE SECTOR MEMBERS OF THE COMMISSION.

(II)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY TO THE COMMISSION BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 10. 24­32­1304 (2) (c), Colorado Revised Statutes, is amended to read:

24­32­1304. Colorado tourism board ­ creation ­ members ­repeal. (2) (c) (I)  One member shall be from the house of representatives, to be appointed by the speaker of the house of representatives; and one member shall be from the senate, to be appointed by the president of the senate. The two legislative members shall be appointed no later than ten days after the convening of the first regular session of each general assembly; except that the two legislative members for the fifty­fourth general assembly shall be appointed no later than May 1, 1983.

(II) (A)  NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH (c), ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH (c), AS AMENDED, A LEGISLATIVE MEMBER OF THE BOARD APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE HOUSE OF REPRESENTATIVES IS AVAILABLE TO SERVE ON THE BOARD, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A LEGISLATIVE MEMBER OF THE BOARD APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE SENATE IS AVAILABLE TO SERVE ON THE BOARD, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY. A FORMER MEMBER OF THE GENERAL ASSEMBLY APPOINTED TO THE BOARD BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OR THE PRESIDENT OF THE SENATE SHALL BE CONFIRMED BY THE SENATE.

(B)  THIS SUBPARAGRAPH (II) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY TO THE BOARD BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 11.  24­32­2003, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

24­32­2003.  Colorado youth conservation and service corps council ­ creation ­ membership ­ duties. (2.5) (a)  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (l) OF SUBSECTION (2) OF THIS SECTION, ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (2.5), A MEMBER OF THE COUNCIL APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE HOUSE OF REPRESENTATIVES IS AVAILABLE TO SERVE ON THE COUNCIL, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE COUNCIL APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE SENATE IS AVAILABLE TO SERVE ON THE COUNCIL, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(b)  THIS SUBSECTION (2.5) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION  12.  24­50­104 (2) (c) (II), Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUB­SUBPARAGRAPHS to read:

24­50­104.  Job evaluation and compensation ­ repeal. (2)  Compensation and benefits policy. (c) (II) (C)   NOTWITHSTANDING SUB­SUBPARAGRAPHS (A) AND (B) OF THIS SUBPARAGRAPH (II), ON OR AFTER THE EFFECTIVE DATE OF THIS SUB­SUBPARAGRAPH (C), A MEMBER OF THE COUNCIL APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE HOUSE OF REPRESENTATIVES IS AVAILABLE TO SERVE ON THE COUNCIL, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE COUNCIL APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE SENATE IS AVAILABLE TO SERVE ON THE COUNCIL, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(D)  SUB­SUBPARAGRAPH (C) OF THIS SUBPARAGRAPH (II) AND THIS SUB­SUBPARAGRAPH (D) ARE REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE COUNCIL OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 13.  24­52­102 (1) (a), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

24­52­102.  Deferred compensation plan ­ state deferred compensation committee ­ repeal. (1) (a) (III) (A)  NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH (a), ON OR AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH (III), A MEMBER OF THE COMMITTEE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE HOUSE OF REPRESENTATIVES IS AVAILABLE TO SERVE ON THE COMMITTEE, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE COMMITTEE APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE SENATE IS AVAILABLE TO SERVE ON THE COMMITTEE, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY. A LEGISLATIVE MEMBER OF THE COUNCIL SHALL SERVE FOR THE DURATION OF THE MEMBER'S TERM OF OFFICE ON THE COMMITTEE.

(B)   THIS SUBPARAGRAPH (III) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY TO THE COMMITTEE BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 140  24­60­1305, Colorado Revised Statutes, is amended to read:

24­60­1305.  Advisory committee created ­ repeal. (1)  There is hereby established the multistate tax compact advisory committee composed of the member of the multistate tax commission representing this state any alternate designated by him OR HER; the attorney general or his OR HER designee; the members of the consulting committee; and two members of the senate, appointed by the president; and two members of the house of representatives, appointed by the speaker. The chairman CHAIR shall be the member of the commission representing this state. The committee shall meet on the call of its chairman or at the request of a majority of its members, but in any event it shall meet not less than three times in each year. The committee may consider any and all matters relating to recommendations of the multistate tax commission and the activities of the members in representing this state thereon.

(2) (a)   NOTWITHSTANDING SUBSECTION (1) OF THIS SECTION, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, AS AMENDED, A MEMBER OF THE COMMITTEE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE HOUSE OF REPRESENTATIVES IS AVAILABLE TO SERVE ON THE COMMITTEE, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE COMMITTEE APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE SENATE IS AVAILABLE TO SERVE ON THE COMMITTEE, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(b)  THIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE COMMITTEE OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 150  The introductory portion to 24­80.5­101 (5), Colorado Revised Statutes, is amended, and the said 24­80.5­101 (5) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

24­80.5­101.  Works of art in public places ­ allocations therefor from capital construction costs ­ guidelines ­ fund created ­ repeal. (5)  All works of art acquires ACQUIRED with funds allocated under subsection (3) of this section shall be contracted for separately from all other items in the original construction plans pursuant to the following guidelines:

(e) (I)  NOTWITHSTANDING SUBPARAGRAPHS (VIII) AND (IX) OF PARAGRAPH (a) OF THIS SUBSECTION (5), ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH (e), A MEMBER OF AN ARTIST SELECTION JURY APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE HOUSE OF REPRESENTATIVES IS AVAILABLE TO SERVE ON THE ARTIST SELECTION JURY, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF AN ARTIST SELECTION JURY APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE SENATE IS AVAILABLE TO SERVE ON THE ARTIST SELECTION JURY, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(II)  THIS PARAGRAPH (e) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY TO ARTIST SELECTION JURIES BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 160  25­7­136 (3) (b) (I), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUB­SUBPARAGRAPH to read:

25­7­136.  Air pollution data collection and technical evaluation ­ repeal. (3) (b) (I) (D)  NOTWITHSTANDING SUB­SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (I), ON OR AFTER THE EFFECTIVE DATE OF THIS SUB­SUBPARAGRAPH (D), A MEMBER OF THE PANEL APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE HOUSE OF REPRESENTATIVES IS AVAILABLE TO SERVE ON THE PANEL, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE PANEL APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE SENATE IS AVAILABLE TO SERVE ON THE PANEL, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY. THIS SUB­SUBPARAGRAPH (D) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE PANEL OF FORMER MEMBERS OF THE GENERAL ASSEMBLY BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 170  26­11­101, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

26­11­101.  Commission on the aging created ­ repeal. (3) (a)  NOTWITHSTANDING SUBSECTIONS (1) AND (2) OF THIS SECTION, ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (3), ONE MEMBER OF THE COMMISSION MAY, IN THE EVENT NO CURRENT MEMBER OF THE HOUSE OF REPRESENTATIVES IS AVAILABLE TO SERVE ON THE COMMISSION, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND ONE MEMBER OF THE COMMISSION MAY, IN THE EVENT NO CURRENT MEMBER OF THE SENATE IS AVAILABLE TO SERVE ON THE COMMISSION, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY. A MEMBER OF THE GENERAL ASSEMBLY WHO CEASES TO HOLD HIS OR HER OFFICE IN THE GENERAL ASSEMBLY MAY CONTINUE TO SERVE AS A MEMBER OF THE COMMISSION.

(b)  THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT TO THE COMMISSION OF FORMER MEMBERS OF THE GENERAL ASSEMBLY SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 180  26­18­103 (2), Colorado Revised Statutes, is amended to read:

26­18­103.  State council created ­ powers and duties ­ report ­ repeal. (2) (a)  The state council shall consist of fourteen members, ten of whom shall be appointed by the governor and four of whom shall be members of the general assembly. The members appointed by the governor shall be as follows: One representative each from the state departments of health care policy and financing, public health and environment, human services, and education; one representative from the governor's job training office; two representatives from local government, one of whom shall be from a county or city and county with a population greater than one hundred thousand people, and one from a county with a population of less than one hundred thousand people; one representative from the private sector who provides services which promote functional families; and two parents of children in a family who serve on local advisory councils. The members from the general assembly shall be as follows: Two members from the house of representatives, one of whom shall be appointed by the speaker of the house of representatives and one of whom shall be appointed by the minority leader; and two members from the state senate, one of whom shall be appointed by the president of the senate and one of whom shall be appointed by the minority leader.

(b) (I)  NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (2), ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (2), AS AMENDED, A MEMBER OF THE COUNCIL APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OR THE HOUSE MINORITY LEADER MAY, IN THE EVENT NO CURRENT MEMBER OF THE HOUSE OF REPRESENTATIVES IS AVAILABLE TO SERVE ON THE COUNCIL, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A MEMBER OF THE COUNCIL APPOINTED BY THE PRESIDENT OF THE SENATE OR THE SENATE MINORITY LEADER MAY, IN THE EVENT NO CURRENT MEMBER OF THE SENATE IS AVAILABLE TO SERVE ON THE COUNCIL, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(II)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY TO THE COUNCIL BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 190  39­29­116 (4), Colorado Revised Statutes, is amended to read:

39­29­116.  Uranium mill tailings remedial action program fund ­ creation ­ repeal. (4) (a)  There is hereby created a uranium mill tailings remedial action program fund oversight committee. The oversight committee shall consist of five members, comprised of the executive director of the department of local affairs, two members of the house of representatives, appointed by the speaker of the house of representatives, and two members of the senate, appointed by the president of the senate. One of the legislative members shall be from the capital development committee, and one of the legislative members shall reside on the western slope. The department of public health and environment shall annually report on or before September 15 of each year to the oversight committee on the progress of the cleanup of uranium mill tailing sites pursuant to the uranium mill tailings remedial action program, the proposed and final transfers or disposition of the land of any of the sites, and the proposed program activities and financing requested for the next fiscal year. The oversight committee shall review such report and obtain any additional information it needs in order to prepare a recommendation to the joint budget committee on the proposed funding amounts and sources for the next fiscal year.

(b) (I)  NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (4), ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (4), AS AMENDED, A LEGISLATIVE MEMBER OF THE COMMITTEE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY, IN THE EVENT NO CURRENT MEMBER OF THE HOUSE OF REPRESENTATIVES IS AVAILABLE TO SERVE ON THE COMMITTEE, BE A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY, AND A LEGISLATIVE MEMBER OF THE COMMITTEE APPOINTED BY THE PRESIDENT OF THE SENATE MAY, IN THE EVENT NO CURRENT MEMBER OF THE SENATE IS AVAILABLE TO SERVE ON THE COMMITTEE, BE A FORMER MEMBER OF THE SENATE WHO, AT THE TIME OF APPOINTMENT, IS NO LONGER SERVING IN THE GENERAL ASSEMBLY.

(II)  THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1, 2002. PRIOR TO SUCH REPEAL, THE AUTHORIZATION FOR THE APPOINTMENT OF FORMER MEMBERS OF THE GENERAL ASSEMBLY TO THE COMMITTEE BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE REVIEWED BY A COMMITTEE OF REFERENCE DESIGNATED PURSUANT TO SECTION 2­3­1201, C.R.S.

SECTION 200  Effective date ­ applicability. (1)  This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

(2)  The provisions of this act shall apply to appointments made on or after the applicable effective date of this act.