First Regular Session
Sixty-second General Assembly
LLS NO. 99-0846.01 Robert Neill HOUSE BILL 99-1343
STATE OF COLORADO
BY REPRESENTATIVE Kaufman
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING THE PERSONNEL OF THE OIL AND GAS CONSERVATION
102 COMMISSION, AND, IN CONNECTION THEREWITH, REQUIRING
103 MEMBERS OF THE COMMISSION TO TAKE AN OATH AND MEMBERS
104 AND EMPLOYEES OF THE COMMISSION TO REMAIN FREE FROM
105 CONFLICTING INTERESTS WHILE EMPLOYED BY THE COMMISSION.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Requires the oil and gas conservation commission ("commission")
to include a diverse membership to protect the public and the
environment in the utilization of oil and gas resources.
Requires members of the commission to take the constitutional
oath of office.
Requires members, employees, and appointees of the commission
to remain free of contractual, employment, and other pecuniary interests
in the regulated industry while serving on the commission or being
employed on the staff thereof. Requires that if any such person acquires
a substantial pecuniary interest in a related industry, such person shall
promptly notify the governor or the ownership or interest and shall divest
himself or herself of such ownership or interest within six months or such
office or employment shall become vacant. Provides that a substantial
pecuniary interest shall not include stocks or bonds that are part of a
mutual fund, retirement fund, pension plan, or other similarly managed
investment.
Alters experience requirements for three of the commission
members to include experience in environmental management and
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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protection, agriculture, air quality, epidemiology, cumulative effects
analysis, land reclamation, or soil conservation. Alters experience
requirements for three additional commission members to include
experience in petroleum geology, petroleum engineering, or oil and gas
operations. Requires one member to have substantial experience in local
land use planning.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 34-60-104 (1) and (2), Colorado Revised Statutes,
3 are amended to read:
4 34-60-104. Oil and gas conservation commission - report -
5 publication. (1) There is hereby created, in the department of natural
6 resources, the oil and gas conservation commission of the state of
7 Colorado. THE MEMBERSHIP OF THE COMMISSION SHALL, TO THE FULLEST
8 EXTENT POSSIBLE, INCLUDE MEMBERS WITH DIVERSE EXPERIENCES AND
9 BACKGROUNDS THAT ENABLE THE COMMISSION TO FULFILL THE MANDATE
10 THAT IT IS IN THE PUBLIC INTEREST TO PROTECT PUBLIC HEALTH, SAFETY,
11 AND WELFARE AND THE ENVIRONMENT IN THE DEVELOPMENT,
12 PRODUCTION, AND UTILIZATION OF OIL AND GAS RESOURCES.
13 (2) (a) Effective July 1, 1994 1999, the commission shall consist
14 of seven members appointed by the governor, with the consent of the
15 senate. At least one member shall be appointed from each congressional
16 district in the state; except that one member shall be from west of the
17 continental divide. Two members shall not be employed by the oil and
18 gas industry and THREE MEMBERS shall be individuals with formal
19 training or substantial experience in agriculture, land reclamation,
20 environmental MANAGEMENT AND protection, INCLUDING EXPERIENCE IN
21 AGRICULTURE, AIR QUALITY, EPIDEMIOLOGY, CUMULATIVE EFFECTS
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1 ANALYSIS, LAND RECLAMATION, or soil conservation. Five THREE
2 members shall be individuals with substantial experience in the oil and
3 gas industry, and at least two of said five members shall have a college
4 degree in petroleum geology, or petroleum engineering, OR OIL AND GAS
5 OPERATIONS. ONE MEMBER SHALL BE AN INDIVIDUAL WITH SUBSTANTIAL
6 EXPERIENCE IN LOCAL LAND USE PLANNING. No more than four members
7 of the commission shall be members of the same political party. A
8 vacancy on the commission occurs whenever any member moves out of
9 the congressional district from which such member was appointed OR
10 FAILS TO COMPLY WITH SECTION 34-60-104.3. Any member who moves
11 out of such congressional district OR FAILS TO COMPLY WITH SECTION
12 34-60-104.3 shall promptly notify the governor of the NONCOMPLIANCE
13 OR THE date of such move, but such notice is not a condition precedent to
14 the occurrence of the vacancy. The governor shall fill the vacancy as
15 provided in paragraph (b) of this subsection (2). In case one or more
16 vacancies occur on the same day, the governor shall designate the order
17 of filling vacancies.
18 (b) Appointments made to the commission to take effect on
19 January 1, 1983, shall be made in accordance with section 24-1-135,
20 C.R.S., and appointments made thereafter and prior to June 15, 1987,
21 shall be for terms of five years. Persons holding office on June 15, 1987,
22 are subject to the provisions of section 24-1-137, C.R.S. Thereafter,
23 Members of the commission shall be appointed for terms of four years
24 each. The governor may at any time remove any member of the
25 commission, and by appointment he THE GOVERNOR shall fill any vacancy
26 on the commission. The members of the commission shall serve without
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1 compensation except for their actual expenses. EACH MEMBER WHO FAILS
2 TO TAKE THE OATH OF OFFICE OR FAILS TO COMPLY WITH THE
3 REQUIREMENTS OF SECTION 34-60-104.3 PRIOR TO JULY 1, 1999, SHALL BE
4 REMOVED BY THE GOVERNOR AND THE GOVERNOR SHALL FILL THE
5 VACANCY FOR THE REMAINING TERM OF THE VACANCY. ALL PERSONS
6 PREVIOUSLY APPOINTED OR EMPLOYED BY THE COMMISSION SHALL
7 COMPLY WITH THE REQUIREMENTS OF SECTION 34-60-104.3 ON OR BEFORE
8 JANUARY 1, 2000.
9 SECTION 2. Article 60 of title 34, Colorado Revised Statutes,
10 is amended BY THE ADDITION OF A NEW SECTION to read:
11 34-60-104.3. Oath - qualifications. EACH MEMBER OF THE
12 COMMISSION SHALL TAKE THE CONSTITUTIONAL OATH OF OFFICE BEFORE
13 ENTERING UPON THE DUTIES OF OFFICE. NO PERSON IN THE EMPLOY OF OR
14 HOLDING ANY OFFICIAL RELATION TO ANY CORPORATION OR PERSON,
15 WHICH SAID CORPORATION OR PERSON IS SUBJECT IN WHOLE OR IN PART TO
16 REGULATION BY THE COMMISSION, AND WHO HOLDS A SUBSTANTIAL
17 PECUNIARY INTEREST THEREIN SHALL BE APPOINTED TO OR HOLD THE
18 POSITION OF MEMBER OF THE COMMISSION OR BE APPOINTED OR EMPLOYED
19 BY THE COMMISSION; BUT IF ANY SUCH PERSON ACQUIRES A SUBSTANTIAL
20 PECUNIARY INTEREST IN SUCH CORPORATION, THE PERSON SHALL
21 PROMPTLY NOTIFY THE GOVERNOR AND SHALL DIVEST HIMSELF OR
22 HERSELF OF SUCH OWNERSHIP OR INTEREST WITHIN SIX MONTHS. IF THE
23 PERSON FAILS TO DO SO, THE OFFICE OR EMPLOYMENT SHALL BECOME
24 VACANT. FOR PURPOSES OF THIS SECTION, "SUBSTANTIAL PECUNIARY
25 INTEREST" SHALL NOT INCLUDE STOCKS AND BONDS THAT ARE PART OF A
26 MUTUAL FUND, RETIREMENT FUND, PENSION PLAN, OR OTHER SIMILARLY
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1 MANAGED INVESTMENT.
2 SECTION 3. Safety clause. The general assembly hereby finds,
3 determines, and declares that this act is necessary for the immediate
4 preservation of the public peace, health, and safety.