2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › FAIRS (§§ 35-65-100.3 — 35-66-107) › Article 65 - FAIRS (§§ 35-65-100.3 — 35-66-107) › Part 4 - STATE FAIR AUTHORITY (§§ 35-65-401 — 35-65-408) › Section 35-65-401 - Colorado state fair authority - creation - board - powers and duties - repeal

(1)
(a)
The Colorado state fair authority, as it existed prior to June 30, 1997, is abolished. There is created the Colorado state fair authority in the department of agriculture as a division thereof. The Colorado state fair authority is a
type 1
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions under the department of agriculture.
(b)
The function of the Colorado state fair authority is to direct and supervise the Colorado state fair and industrial exposition created pursuant to section
35-65-105
.
(2)
(a)
(Deleted by amendment, L. 2022.)
(b)
There is created the board of commissioners of the Colorado state fair authority, which consists of thirteen members, twelve of whom are appointed by the governor with the consent of the senate and one who is the commissioner of agriculture or the commissioner's designee. Before October 31, 2022, no more than six members of the board may be affiliated with the same political party as the governor. The board of commissioners of the Colorado state fair authority is a
type 1
entity, as defined in section
24-1-105
.
(c)
(I)
On October 31, 2022, the governor shall appoint two board members from the state at large in accordance with subsection (3)(b) of this section. Members appointed before August 10, 2022, to represent the congressional districts and the state at large may hold office for the remainder of the term to which each member was appointed. When a member's term expires or a vacancy otherwise occurs, the governor shall appoint a new member in accordance with the requirements of subsection (3) of this section.
(II)
This subsection (2)(c) is repealed, effective December 31, 2026.
(3)
The governor shall appoint the following twelve members of the board:
(a)
Two residents of the county in which the Colorado state fair and industrial exposition is held;
(b)
Two members from the state at large; and
(c)
Two residents from each of the four agricultural districts of the state, as defined in section
35-1-105 (3)
.
(4)
Members of the board shall be appointed for terms of four years; except that the terms shall be staggered so that no more than three members' terms expire in the same year. Appointments made to the board when the senate is not in session are temporary appointments, and the appointees shall serve on a temporary basis until the senate is in session and is able to confirm such appointments. If the senate does not confirm a temporary appointment during the next regular session, the temporary appointee's term ends and the person shall not be reappointed as a temporary appointee during the subsequent legislative interim. Each member shall hold office until the member's successor is appointed and qualified.
(5)
(a)
Of the twelve appointed members of the board:
(I)
Four must be involved in the agricultural industry;
(II)
At least three must be affiliated with each major political party for at least one year prior to appointment, as shown in the statewide voter registration system; and
(III)
At least three must be unaffiliated for at least one year prior to appointment, as shown in the statewide voter registration system.
(b)
In making appointments, the governor shall attempt to ensure that the board represents the geographic diversity of the state.
(6)
Any appointed member may be removed for cause at any time during the member's term by the governor. Vacancies on the board shall be filled by appointment by the governor with the consent of the senate for the unexpired terms.
(7)
Members of the board shall serve without pay but shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties.
(8)
(Deleted by amendment, L. 97, p. 810, § 1, effective June 30, 1997.)
(8.5)
All thirteen members of the board, including the commissioner of agriculture or his or her designee, shall be voting members of the board. The members of the board shall elect a chair, a vice-chair, and a secretary from among the membership of the board. Board action shall require the affirmative vote of a majority of a quorum of the board.
(9)
The board shall:
(a)
Provide for the Colorado state fair and industrial exposition, subject to available appropriations by the general assembly;
(b)
Enter into any agreements with other agencies of the state government as may be necessary to provide for the Colorado state fair and industrial exposition;
(c)
Repealed.
(d)
Meet as often as necessary, but not less than once a month;
(e)
Repealed.
(f)
Accept contributions from nonstate sources for the purpose of financing and supporting the Colorado state fair and industrial exposition;
(f.5) and (g)
Repealed.
(h) and (i)
(Deleted by amendment, L. 97, p. 810, § 1, effective June 30, 1997.)
(j)
Adopt rules in accordance with the provisions of article
4
of title
24
, C.R.S.;
(k)
Submit annual reports in accordance with section
35-65-406
;
(l)
Perform such other duties as may be required by law.
(9.5) and (10)
Repealed.
(11)
(Deleted by amendment, L. 97, p. 810, § 1, effective June 30, 1997.)
Amended by 2022 Ch. 469, § 151, eff. 8/10/2022.
Amended by 2022 Ch. 421, § 101, eff. 8/10/2022.
Amended by 2022 Ch. 91, § 2, eff. 8/10/2022.
Amended by 2022 Ch. 46, § 1, eff. 8/10/2022.
Amended by 2022 Ch. 2, § 107, eff. 2/25/2022only if SB 22-042 does not become law (this act did not take effect).
L. 83: Entire part added, p. 1368, § 2, effective June 2. L. 84: (9)(e) and (9)(h) amended and (9)(i) added, p. 947, § 1, effective April 17. L. 86: (1) amended, p. 895, § 2, effective April 17. L. 86, 2nd Ex. Sess.: (1) amended, p. 69, § 15, effective August 25. L. 87: (4) amended, p. 913, § 28, effective June 15; (10) amended, p. 1092, § 10, effective July 1. L. 94: (10) repealed, p. 1250, § 2, effective July 1. L. 96: (9.5) added, p. 43, § 1, effective March 20; (1) amended, p. 1544, § 139, effective June 1; (9)(e) and (9)(g) repealed, p. 1221, § 17, effective August 7. L. 97: (9.5) amended, p. 1, § 1, effective January 21; (9.5) amended, p. 204, § 1, effective April 7; (1) to (9), (9.5), and (11) amended and (8.5) added, pp. 810, 815, §§ 1, 3, effective June 30. L. 99: (9)(f) amended, p. 293, § 1, effective April 14. L. 2004: (9)(f) amended, p. 168, § 1, effective March 23; (9)(f.5) added, p. 1263, § 5, effective May 27. L. 2008: (9)(f.5) repealed, p. 866, § 5, effective 1/22/2009.
Subsection (9.5)(b) provided for the repeal of subsection (9.5), effective July 1, 1997. (See L. 97, p. 815.)
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 91, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 46, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
(1) For the legislative declaration contained in the 1996 act repealing subsections (9)(e) and (9)(g), see section 1 of chapter 237, Session Laws of Colorado 1996; for the legislative declaration contained in the 2004 act enacting subsection (9)(f.5), see section 1 of chapter 322, Session Laws of Colorado 2004. (2) For the "Administrative Organization Act of 1968", see article 1 of title 24 .