Click here for Fiscal Note

Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0577.01 DLC SENATE BILL 98­166

STATE OF COLORADO

BY SENATOR Mutzebaugh

TRANSPORTATION

A BILL FOR AN ACT

CONCERNING THE "COLORADO TRANSPORTATION PLANNING ACT OF 1998", AND, IN CONNECTION THEREWITH, ABOLISHING AND REESTABLISHING THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT AND THE TRANSPORTATION COMMISSION AND REQUIRING JOINT MEETINGS OF SUCH BOARD OF DIRECTORS, THE TRANSPORTATION COMMISSION, AND THE COLORADO AERONAUTICAL BOARD.

Bill Summary

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

Requires that the board of directors of the regional transportation district (RTD board), the transportation commission, and Colorado aeronautical board (aeronautical board) meet jointly at a common location not less than 8 times annually. Specifies that such joint meetings constitute a regular meeting of each governing body. Describes those matters that may be discussed at a joint meeting. Allows discussion at the joint meeting of any item of official business to be voted on by an individual governing body, but allows only the appropriate governing body to vote on such item.

Effective September 1, 1998, abolishes the current RTD board and establishes a board with 7 members. Provides for the appointment of members of the RTD board by the governor. Provides that the powers and duties vested in RTD will be exercised by the board. Authorizes the board to delegate the exercise of any executive, administrative, or ministerial powers to officers and employees of RTD.

Specifies that the governor shall appoint one member from the state at large, one member from the city and county of Denver, and one member from each of the counties of Adams, Arapahoe, Boulder, Douglas, and Jefferson based on a list of nominees submitted by each such city and county and county. Allows the city council of the city and county of Denver to nominate no more than 2 persons and permits the board of county commissioners of each county and the city councils of the cities in each county to jointly nominate not more than 2 persons for appointment to the board to represent each such county.

Describes the qualifications and residency requirements for such members. Specifies the initial terms of the members and provides for 4­year terms thereafter. Requires a vacancy on the RTD board to be filled by the governor in the same manner specified for regular appointment of a director. Authorizes an incumbent to be reappointed to the board so long as certain requirements are met.

Repeals current law regarding the membership and powers of the RTD board. Repeals current law regarding the election of directors to the RTD board and the terms of the directors on the board. Repeals current law regarding the appointment of an individual to fill a vacancy on the board and the recall of a director elected to the board.

Requires the RTD board to meet regularly at least 8 times annually instead of quarterly. Directs the board to meet jointly with the transportation commission and aeronautical board at least 8 times annually.

Effective September 1, 1998, abolishes the current transportation commission and establishes a transportation commission with 9 members appointed by the governor. Specifies that one member shall be appointed from each congressional district, 2 members from the state at large, and one member from a list of nominees submitted by any organization representing local transit agencies and authorities. Specifies the terms of the members and requires initial appointees to have knowledge or experience with transportation systems. Directs the commission to meet jointly with the RTD board and the aeronautical board at least 8 times annually.

Requires the aeronautical board to meet regularly at least 8 times annually. Directs the aeronautical board to meet jointly with the RTD board and the transportation commission at least 8 times annually.

Makes conforming amendments.

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

SECTION 1.  Article 1 of title 43, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:

PART 14

COLORADO TRANSPORTATION PLANNING ACT OF 1998

43­1­1401.  Short title.  THIS PART 14 SHALL BE KNOWN AND MAY BE CITED AS THE "COLORADO TRANSPORTATION PLANNING ACT OF 1998".

43­1­1402.  Legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:

(a)  THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT CREATED PURSUANT TO SECTION 32­9­109.6, C.R.S., IS EMPOWERED TO CARRY OUT THE ESTABLISHMENT, MAINTENANCE, AND OPERATION OF A MASS TRANSIT SYSTEM IN SUCH DISTRICT;

(b)  THE TRANSPORTATION COMMISSION CREATED PURSUANT TO SECTION 43­1­106 IS CHARGED WITH FORMULATING STATE POLICY ON THE MANAGEMENT, CONSTRUCTION, AND MAINTENANCE OF PUBLIC HIGHWAYS AND OTHER TRANSPORTATION SYSTEMS IN THE STATE; AND

(c)  THE COLORADO AERONAUTICAL BOARD CREATED PURSUANT TO SECTION 43­10­104 IS DIRECTED TO ESTABLISH POLICIES FOR THE GROWTH AND DEVELOPMENT OF AVIATION IN THE STATE.

(2)  THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT COMMUNICATION AND COOPERATION BETWEEN THESE GOVERNING BODIES IS ESSENTIAL TO THE OVERALL COORDINATION OF THE STATEWIDE TRANSPORTATION PLANNING PROCESS. IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT SUCH COORDINATION AMONG THESE GOVERNING BODIES ACHIEVES EFFICIENCIES IN THE TRANSPORTATION PLANNING PROCESS, ENCOURAGES THE AVOIDANCE OF CONFLICT AND INCONSISTENCIES BETWEEN THE POLICIES PURSUED BY EACH GOVERNING BODY, AND PROVIDES GUIDANCE IN THE ALLOCATION AND USE OF THE RESOURCES OF EACH GOVERNING BODY.

(3)  IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT IN CONNECTION WITH THE COORDINATION OF THE STATEWIDE TRANSPORTATION PLANNING PROCESS BETWEEN THESE GOVERNING BODIES, EACH SUCH GOVERNING BODY SHALL REMAIN AUTONOMOUS WITH REGARD TO THE STATUTORY DUTIES AND RESPONSIBILITIES OF THE GOVERNING BODY, INCLUDING DECISIONS AND ACTIONS DIRECTLY RELATED TO THE POLICY­MAKING RESPONSIBILITIES, BUDGET, AND EXPENDITURES OF SUCH GOVERNING BODY.

43­1­1403.  Definitions.  AS USED IN THIS PART, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "AERONAUTICAL BOARD" MEANS THE COLORADO AERONAUTICAL BOARD CREATED PURSUANT TO SECTION 43­10­104.

(2)  "RTD BOARD" MEANS THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT CREATED PURSUANT TO SECTION 32­9­109.6, C.R.S.

(3)  "TRANSPORTATION COMMISSION" MEANS THE TRANSPORTATION COMMISSION CREATED PURSUANT TO SECTION 43­1­106.

43­1­1404.  Joint meetings. (1)  THE RTD BOARD, THE TRANSPORTATION COMMISSION, AND THE AERONAUTICAL BOARD SHALL MEET JOINTLY AT A COMMON LOCATION NOT LESS THAN EIGHT TIMES ANNUALLY. SUCH A JOINT MEETING SHALL CONSTITUTE A REGULAR MEETING OF THE RTD BOARD, THE TRANSPORTATION COMMISSION, AND THE AERONAUTICAL BOARD FOR PURPOSES OF THE STATUTES AND RULES GOVERNING REGULAR MEETINGS OF EACH SUCH GOVERNING BODY.

(2)  AT SUCH JOINT MEETING, THE RTD BOARD, THE TRANSPORTATION COMMISSION, AND THE AERONAUTICAL BOARD MAY DISCUSS AND EVALUATE ANY MATTER THAT IS RELEVANT TO COORDINATING THE STATEWIDE TRANSPORTATION PLANNING PROCESS, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:

(a)  PENDING DECISIONS AND PROJECTS RELATING TO THE CONSTRUCTION, MANAGEMENT, IMPROVEMENT, AND MAINTENANCE OF THE STATE HIGHWAY AND TRANSPORTATION SYSTEMS;

(b)  DEVELOPMENTS IN THE TRANSPORTATION POLICY OF THE STATE;

(c)  THE ESTABLISHMENT, MAINTENANCE, AND OPERATION OF A MASS TRANSIT SYSTEM IN THE STATE;

(d)  THE STATE AVIATION SYSTEMS PLAN;

(e)  POLICIES FOR GROWTH AND DEVELOPMENT OF AVIATION IN THE STATE;

(f)  THE STATUS OF ONGOING AND UPCOMING PROJECTS AND THE AMOUNTS TO BE EXPENDED ON SUCH PROJECTS.

(3)  ANY ITEM OF OFFICIAL BUSINESS TO BE VOTED ON BY EITHER THE RTD BOARD, THE TRANSPORTATION COMMISSION, OR THE AERONAUTICAL BOARD MAY BE CONSIDERED AND DISCUSSED AT SUCH JOINT MEETING. A VOTE ON SUCH ITEM SHALL BE LIMITED TO THE MEMBERS OF EITHER THE RTD BOARD, THE TRANSPORTATION COMMISSION, OR THE AERONAUTICAL BOARD, WHICHEVER HAS SUCH ITEM PENDING BEFORE IT.

SECTION 2.   Article 9 of title 32, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:

32­9­109.6.  Board of directors ­ membership. (1) (a)  EFFECTIVE SEPTEMBER 1, 1998, THE EXISTING BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT IS ABOLISHED, AND THE TERMS OF THE MEMBERS OF THE BOARD THEN SERVING ARE TERMINATED.

(b)  EFFECTIVE SEPTEMBER 1, 1998, THE GOVERNING BODY OF THE DISTRICT SHALL BE A BOARD OF DIRECTORS CONSISTING OF SEVEN MEMBERS. A NEW BOARD OF DIRECTORS CONSTITUTED PURSUANT TO THIS SECTION SHALL TAKE OFFICE ON SEPTEMBER 1, 1998.

(2)  MEMBERS OF THE BOARD OF DIRECTORS SHALL BE APPOINTED BY THE GOVERNOR, WITH THE CONSENT OF THE SENATE, AS PROVIDED IN SECTION 32­9­111.5.

(3)  ALL POWERS, DUTIES, FUNCTIONS, RIGHTS, AND PRIVILEGES VESTED IN THE DISTRICT SHALL BE EXERCISED AND PERFORMED BY THE BOARD. THE BOARD MAY DELEGATE THE EXERCISE OF ANY EXECUTIVE, ADMINISTRATIVE, OR MINISTERIAL POWERS TO OFFICERS AND EMPLOYEES OF THE DISTRICT.

32­9­111.5.  Appointments to board of directors. (1)  THE MEMBERS OF THE BOARD OF DIRECTORS SHALL BE APPOINTED AS PROVIDED IN THIS SECTION.

(2)  THE GOVERNOR SHALL APPOINT ONE MEMBER TO THE BOARD FROM THE CITY AND COUNTY OF DENVER, ONE MEMBER TO THE BOARD FROM EACH OF THE COUNTIES OF ADAMS, ARAPAHOE, BOULDER, DOUGLAS, AND JEFFERSON, AND ONE MEMBER FROM THE STATE AT LARGE NO LATER THAN AUGUST 15, 1998. THE MEMBERS APPOINTED FROM THE CITY AND COUNTY OF DENVER AND EACH SUCH COUNTY SHALL BE APPOINTED FROM THE NOMINEES SUBMITTED TO THE GOVERNOR PURSUANT TO SUBSECTION (3) OF THIS SECTION. THE CITY AND COUNTY OF DENVER AND EACH SUCH COUNTY SHALL SUBMIT NOMINEES TO THE GOVERNOR NO LATER THAN JULY 31, 1998, AND NO LATER THAN JULY 31 OF EACH YEAR IN WHICH THE TERM OF A MEMBER REPRESENTING THE CITY AND COUNTY OF DENVER OR SUCH COUNTY EXPIRES.

(3)  THE CITY AND COUNTY OF DENVER AND EACH OF THE COUNTIES OF ADAMS, ARAPAHOE, BOULDER, DOUGLAS, AND JEFFERSON SHALL SUBMIT NOT MORE THAN TWO NOMINEES TO THE GOVERNOR FOR APPOINTMENT TO THE BOARD AS FOLLOWS:

(a)  THE CITY COUNCIL OF THE CITY AND COUNTY OF DENVER SHALL NOMINATE NO MORE THAN TWO PERSONS FOR APPOINTMENT TO THE BOARD TO REPRESENT SUCH CITY AND COUNTY.

(b)  THE BOARD OF COUNTY COMMISSIONERS OF EACH OF THE COUNTIES OF ADAMS, ARAPAHOE, BOULDER, DOUGLAS, AND JEFFERSON AND THE CITY COUNCILS OF THE CITIES LOCATED IN EACH SUCH COUNTY SHALL JOINTLY NOMINATE NO MORE THAN TWO PERSONS FOR APPOINTMENT TO THE BOARD TO REPRESENT EACH SUCH COUNTY.

(4)  IF ANY APPOINTING AUTHORITY DESIGNATED IN SUBSECTION (3) OF THIS SECTION FAILS TO SUBMIT ANY NOMINEE FOR APPOINTMENT TO THE BOARD, THE GOVERNOR SHALL MAKE SUCH APPOINTMENT.

(5)  EACH OF THE MEMBERS NOMINATED FOR THE BOARD SHALL HAVE KNOWLEDGE, EXPERIENCE, AND QUALIFICATIONS IN THE CONSTRUCTION, MAINTENANCE, OR ADMINISTRATION OF A MASS TRANSPORTATION SYSTEM.

(6)  EACH MEMBER OF THE BOARD REPRESENTING THE CITY AND COUNTY OF DENVER OR THE COUNTY OF ADAMS, ARAPAHOE, BOULDER, DOUGLAS, OR JEFFERSON SHALL ACTUALLY RESIDE IN THE CITY AND COUNTY OR COUNTY THAT SUCH MEMBER REPRESENTS. THE MEMBER FROM THE STATE AT LARGE SHALL BE A RESIDENT OF THE STATE. IF A MEMBER CEASES TO RESIDE IN SUCH CITY AND COUNTY OR COUNTY THAT SUCH MEMBER REPRESENTS OR AN AT­LARGE MEMBER CEASES TO RESIDE IN THE STATE, SUCH MEMBER SHALL BE DEEMED TO HAVE RESIGNED AS A MEMBER OF THE BOARD.

(7)  OF THE MEMBERS FIRST APPOINTED TO THE BOARD, THREE MEMBERS REPRESENTING THE CITY AND COUNTY OF DENVER AND THE COUNTIES OF ADAMS AND ARAPAHOE SHALL BE APPOINTED FOR TERMS EXPIRING JULY 1, 2000; THREE MEMBERS REPRESENTING THE COUNTIES OF BOULDER, DOUGLAS, AND JEFFERSON AND THE MEMBER REPRESENTING THE STATE AT LARGE SHALL BE APPOINTED FOR TERMS EXPIRING JULY 1, 2001. THEREAFTER, MEMBERS OF THE BOARD SHALL BE APPOINTED FOR TERMS OF FOUR YEARS. 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, AS PROVIDED IN SECTION 6 (1) OF ARTICLE IV OF THE COLORADO CONSTITUTION. EACH MEMBER SHALL HOLD OFFICE UNTIL THE MEMBER'S SUCCESSOR IS APPOINTED AND QUALIFIED.

(8)  UPON A VACANCY OCCURRING IN THE BOARD OF A MEMBER REPRESENTING A COUNTY OR THE CITY AND COUNTY OF DENVER BY REASON OF A MEMBER'S DEATH, RESIGNATION, OR FOR ANY OTHER REASON, THE VACANCY FOR THE UNEXPIRED TERM OF OFFICE OF SUCH MEMBER, UPON THE CREATION OF SUCH VACANCY, SHALL BE FILLED BY THE GOVERNOR IN THE MANNER SET FORTH IN SUBSECTION (3) OF THIS SECTION FOR REGULAR APPOINTMENT; EXCEPT THAT A LIST OF NOMINEES SHALL BE SUBMITTED ONLY FROM THE COUNTY OR THE CITY AND COUNTY WITH THE VACANCY AND THOSE PROVISIONS SPECIFYING DATES BY WHICH APPOINTMENTS MUST BE MADE SHALL NOT APPLY FOR FILLING SUCH VACANCY.

(9)  ANY INCUMBENT MAY BE REAPPOINTED AS A MEMBER TO THE BOARD SO LONG AS SUCH INCUMBENT CONTINUES TO SATISFY THE APPLICABLE REQUIREMENT FOR APPOINTMENT AS SET FORTH IN THIS SECTION; EXCEPT THAT IN NO EVENT SHALL A MEMBER OF THE BOARD WHO IS APPOINTED PURSUANT TO SUBSECTION (3) OF THIS SECTION SERVE ON THE BOARD FOR MORE THAN A TOTAL OF EIGHT YEARS.

SECTION 3.  32­9­114 (1) (a), Colorado Revised Statutes, is amended to read:

32­9­114.  Board's administrative powers. (1)  The board has the following administrative powers:

(a)  To fix the time and place at which its regular meetings, to be held at least quarterly EIGHT TIMES A YEAR, shall be held within the district and shall provide for the calling and holding of special meetings;

SECTION 4.  32­9­116 (3), Colorado Revised Statutes, is amended, and the said 32­9­116 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

32­9­116.  Meeting of board. (3)  Effective January 1, 1983, SEPTEMBER 1, 1998, any action of the board shall require the affirmative vote of at least eight members FOUR MEMBERS present and voting.

(4)  THE BOARD SHALL MEET JOINTLY WITH THE TRANSPORTATION COMMISSION CREATED PURSUANT TO SECTION 43­1­106, C.R.S., AND THE COLORADO AERONAUTICAL BOARD CREATED PURSUANT TO SECTION 43­10­104, C.R.S., AS PROVIDED IN SECTION 43­1­1404, C.R.S.

SECTION 5.  Repeal.  32­9­109.5, Colorado Revised Statutes, is repealed as follows:

32­9­109.5.  Board of directors ­ membership ­ powers. (1)  Effective January 1, 1983, the governing body of the district shall be a board of directors consisting of fifteen persons, each of whom is an eligible elector residing within the director district.

(2)  Members of the board of directors shall be elected as provided in section 32­9­111.

(3)  The terms of members of the board serving on December 31, 1982, shall expire on January 1, 1983, and a new board, constituted pursuant to this section shall take office on January 1, 1983, after having been elected pursuant to section 32­9­111.

(4)  All powers, duties, functions, rights, and privileges vested in the district shall be exercised and performed by the board; except that the exercise of any executive, administrative, or ministerial powers may be delegated by the board to officers and employees of the district.

SECTION 6.  Repeal.  32­9­111, Colorado Revised Statutes, is repealed as follows:

32­9­111.  Election of directors ­ dates ­ terms. (1) (a)  After the federal census in 1980 and each federal census thereafter, the board of directors shall apportion the composition of the board into compact and contiguous director districts so that the fifteen directors will represent, to the extent practical, the people of the district on the basis of population. Such apportionment shall be completed before March 15 of the second year following that in which the federal census is taken and shall be made only upon the affirmative vote of two­thirds of the total membership of the board. If such apportionment is not completed before March 15 of such year, the legislative council, with the assistance of the director of research of the legislative council and the director of the office of legislative legal services, shall, by April 15, apportion the composition of the board into compact and contiguous director districts so that the fifteen directors will represent, to the extent practicable, the people of the district on the basis of population. The apportionment recommended by the legislative council shall be submitted to the general assembly which shall approve or amend the apportionment before May 1 of such year.

(b)  If an election held pursuant to section 32­9­106 (2) (b) and (2) (c), 32­9­106.3, 32­9­106.4, or 32­9­106.6 results in a vote for the inclusion of an area within the district, the board shall, within forty­five days, vote to include the new area in one or more existing adjacent director districts based, to the extent practical, on population. The vote by the board shall require a two­thirds majority.

(2)  Such director districts shall be comprised of general election precincts established by the boards of county commissioners of those counties, all or part of which are within the district, and by the election commission of the city and county of Denver. No general election precinct may be split into two or more director districts.

(3)  The regular district election shall be held jointly with the state general election in every even­numbered year as provided in section 1­7­116, C.R.S., and the first election shall be held in 1982. Each director shall be elected by the eligible electors residing within the director district.

(4)  Except as provided in this subsection (4), the regular term of office of directors shall be four years. At the election held in 1982, eight members of the board shall be elected for two­year terms. The two­year terms shall be determined by lot at the first meeting of the board following the apportionment of director districts. Seven members shall be elected for four­year terms.

(5) (a)  Except as provided in this subsection (5), nominations for an election of directors shall be made in accordance with the general election laws of the state. Nominations for directors shall be made by petition in the manner provided for independent candidates pursuant to section 1­4­802 and part 9 of article 4 of title 1, C.R.S. Petitions shall be filed in the office of the secretary of state not less than sixty days before the election required pursuant to subsection (3) of this section. The petitions shall be signed by at least two hundred fifty eligible electors residing within the director district in which the officer is to be elected.

(b) to (d)  (Deleted by amendment, L. 92, p. 908, 160, effective January 1, 1993.)

(e)  It is the intent of the people of the state of Colorado that the election of directors be conducted in the most efficient and economical manner which is practicable.

(f)  Every candidate for director shall comply with the provisions of article 45 of title 1, C.R.S.

(6)  (Deleted by amendment, L. 92, p. 908, 160, effective January 1, 1993.)

SECTION 7.  Repeal.  32­9­112, Colorado Revised Statutes, is repealed as follows:

32­9­112.  Vacancies ­ appointments ­ recall. (1)  A change of residence of a member of the board to a place outside the director district from which the member was elected shall automatically create a vacancy on the board. Upon a vacancy occurring for any reason other than normal expiration of a term, the vacancy shall be filled by appointment by the board of county commissioners of the county wherein the director district is located or, in the case of a member elected in Denver, by the mayor of the city and county of Denver, with the approval of the city council of said city and county. In the case of a director district which contains territory in two or more counties, or in the city and county of Denver and in one or more counties, the vacancy shall be filled by appointment by the board of county commissioners of the county wherein the largest number of eligible electors of the director district reside; except that, if the largest number of eligible electors of the director district reside in the city and county of Denver, the vacancy shall be filled by appointment by the mayor of the city and county of Denver, with the approval of the city council of the city and county.

(1.5)  Any director appointed shall serve until the next regular election, at which time the vacancy shall be filled by election for any remaining unexpired portion of the term.

(2)  Effective July 1, 1983, any member of the board may be recalled from office by the eligible electors of the director district such member represents pursuant to the provisions of part 1 of article 12 of title 1, C.R.S.

(3)  Repealed.

SECTION 8.  43­1­106 (1), (2), (3), (4), and (6), Colorado Revised Statutes, are amended, and the said 43­1­106 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

43­1­106.  Transportation commission ­ powers and duties. (1) (a)  There is hereby created a transportation commission, which shall consist 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. THE TRANSPORTATION COMMISSION IS ABOLISHED AND THE TERMS OF MEMBERS OF THE COMMISSION SERVING AS SUCH IMMEDIATELY PRIOR TO SEPTEMBER 1, 1998, ARE TERMINATED.

(b)  THERE IS HEREBY CREATED A TRANSPORTATION COMMISSION. THE COMMISSION SHALL CONSIST OF NINE MEMBERS APPOINTED BY THE GOVERNOR, WITH THE CONSENT OF THE SENATE, OF WHICH ONE MEMBER SHALL BE FROM EACH CONGRESSIONAL DISTRICT, TWO MEMBERS FROM THE STATE AT LARGE, AND ONE MEMBER REPRESENTING LOCAL TRANSIT AGENCIES AND AUTHORITIES.

(2)  One member of the commission shall be appointed by the governor from each of the following districts:

(a)  District 1: The city and county of Denver;

(b)  District 2: The county of Jefferson;

(c)  District 3: The counties of Arapahoe and Douglas;

(d)  District 4: The counties of Adams and Boulder;

(e)  District 5: The counties of Larimer, Morgan, and Weld;

(f)  District 6: The counties of Rio Blanco, Grand, Moffat, Routt, Gilpin, Clear Creek, and Jackson;

(g)  District 7: The counties of Chaffee, Eagle, Garfield, Lake, Summit, Pitkin, Delta, Gunnison, Mesa, Montrose, and Ouray;

(h)  District 8: The counties of Alamosa, Archuleta, Conejos, Costilla, Dolores, Hinsdale, La Plata, Mineral, Montezuma, Rio Grande, Saguache, San Juan, and San Miguel;

(i)  District 9: The counties of El Paso, Fremont, Park, and Teller;

(j)  District 10: The counties of Baca, Bent, Crowley, Custer, Huerfano, Kiowa, Las Animas, Otero, Prowers, and Pueblo; and

(k)  District 11: The counties of Cheyenne, Elbert, Kit Carson, Lincoln, Logan, Phillips, Sedgwick, Washington, and Yuma.

(3) (a)  Each CONGRESSIONAL district member shall actually reside in the CONGRESSIONAL district he or she represents. If a CONGRESSIONAL district member ceases to reside in the CONGRESSIONAL district he or she represents, such CONGRESSIONAL district member shall be deemed to have resigned as a member of the commission.

(b)  THE TWO AT­LARGE MEMBERS SHALL ACTUALLY RESIDE IN THE STATE.

(c)  THE MEMBER REPRESENTING LOCAL TRANSIT AGENCIES AND AUTHORITIES SHALL BE APPOINTED FROM A LIST OF NOMINEES SUBMITTED TO THE GOVERNOR BY ANY ORGANIZATION REPRESENTING SUCH AGENCIES AND AUTHORITIES NO LATER THAN AUGUST 1, 1998, AND BY AUGUST 1 OF EACH YEAR IN WHICH THAT MEMBER'S TERM EXPIRES. IF SUCH ORGANIZATION FAILS TO SUBMIT A LIST OF NOMINEES BY THAT DATE, THE GOVERNOR SHALL MAKE SUCH APPOINTMENT.

(4) (a)  Each member of the commission shall be appointed by the governor, with the consent of the senate, for a term of four years.

(b)  The terms of members of the commission who are transferred from the state highway commission on July 1, 1991, shall expire as follows:

(I)  The terms of members of the commission representing districts 2, 4, 5, 6, 9, and 11 shall expire on July 1, 1991; and

(II)  The terms of members of the commission representing districts 1, 3, 7, 8, and 10 shall expire on July 1, 1993.

(b.5)  OF THOSE MEMBERS FIRST APPOINTED TO THE COMMISSION, THE TERMS OF OFFICE SHALL BE AS FOLLOWS:

(I)  THE TERMS OF MEMBERS OF THE COMMISSION REPRESENTING THE FIRST, SECOND, AND THIRD CONGRESSIONAL DISTRICTS AND ONE AT­LARGE MEMBER DESIGNATED BY THE GOVERNOR FOR SUCH TERM SHALL EXPIRE ON SEPTEMBER 1, 2000.

(II)  THE TERMS OF MEMBERS OF THE COMMISSION REPRESENTING THE FOURTH, FIFTH, AND SIXTH CONGRESSIONAL DISTRICTS, ONE AT­LARGE MEMBER DESIGNATED BY THE GOVERNOR FOR SUCH TERM, AND THE MEMBER REPRESENTING LOCAL TRANSPORTATION AGENCIES AND AUTHORITIES SHALL EXPIRE ON SEPTEMBER 1, 2001.

(c)  THE GOVERNOR SHALL APPOINT AS INITIAL MEMBERS OF THE COMMISSION THOSE INDIVIDUALS HAVING KNOWLEDGE, EXPERIENCE, AND QUALIFICATIONS IN OR WITH TRANSPORTATION SYSTEMS. As the terms of the members of the commission expire, the governor shall consider the appointment to the commission of one or more individuals with knowledge or experience in aviation or mass transportation in order to provide for a commission with expertise in all modes of transportation and shall consider the appointment to the commission of at least one individual with knowledge or experience in engineering.

(6)  The commission shall meet regularly not less than eight times a year, but special meetings may be called by the governor, the chairman CHAIR of the commission, the executive director, or a majority of the members of the commission on three days' prior notice by mail or, in case of emergency, on twenty­four hours' notice by telephone or telegraph. The commission shall adopt rules in relation to its meetings and the transaction of its business. Six FOUR members shall constitute a quorum of the commission. All meetings of the commission, in any suit or proceedings, shall be presumed to have been duly called and regularly held, and all orders, rules and regulations, and proceedings of the commission to have been authorized, unless the contrary is proved. Each member of the commission shall receive seventy­five dollars per day for each regular or special meeting of the commission actually attended and shall be reimbursed for his or her necessary expenses incurred in the discharge of such member's official duties. Mileage rates shall be computed in accordance with section 24­9­104, C.R.S.

(6.5)  THE COMMISSION SHALL MEET JOINTLY WITH THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT CREATED PURSUANT TO SECTION 32­9­109.6, C.R.S., AND THE COLORADO AERONAUTICAL BOARD CREATED PURSUANT TO SECTION 43­10­104, AS PROVIDED IN SECTION 43­1­1404. EACH MEMBER OF THE COMMISSION SHALL RECEIVE THE COMPENSATION AND REIMBURSEMENT FOR EXPENSES ALLOWED PURSUANT TO SUBSECTION (6) OF THIS SECTION FOR ATTENDANCE AT SUCH A MEETING.

SECTION 9.  43­10­104 (1), Colorado Revised Statutes, is amended, and the said 43­10­104 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

43­10­104.  Colorado aeronautical board ­ creation. (1)  The division shall be under the jurisdiction of the Colorado aeronautical board, which board is hereby created. The board shall consist 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 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 for terms of three years each. If any such member vacates his or her office during the term for which appointed to the board, a vacancy on the board shall exist and shall be filled by the governor for the unexpired term. All such appointments shall be with the consent of the senate. THE BOARD SHALL MEET REGULARLY NOT LESS THAN EIGHT TIMES A YEAR. The board shall annually elect from its members a chairman CHAIR, a vice­chairman VICE­CHAIR, and a secretary. The members of the board shall receive fifty dollars per diem while the board is in session and shall be reimbursed for all actual and necessary expenses incurred in the performance of their official duties. The board shall not conduct any business unless there are at least four members of the board present.

(3)  THE BOARD SHALL MEET JOINTLY WITH THE BOARD OF DIRECTORS OF THE REGIONAL TRANSPORTATION DISTRICT CREATED PURSUANT TO SECTION 32­9­109.6, C.R.S., AND THE TRANSPORTATION COMMISSION CREATED PURSUANT TO SECTION 43­1­106, AS PROVIDED IN SECTION 43­1­1404. EACH BOARD MEMBER SHALL RECEIVE THE COMPENSATION AND REIMBURSEMENT FOR EXPENSES ALLOWED PURSUANT TO SUBSECTION (1) OF THIS SECTION FOR ATTENDANCE AT SUCH A MEETING.

SECTION 10.  Effective date.  This act shall take effect July 1, 1998.

SECTION 11.  Safety clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.