Colorado § 35-1-105 - State agricultural commission - creation - composition - public engagement - reports.

§ 35-1-105. State agricultural commission - creation - composition - public engagement - reports.

(1) There is created the state agricultural commission, referred to in this article 1 as the "commission", which consists of nine members appointed by the governor, with the consent of the senate, for terms of four years. Of such members, one member must be appointed from each of the four agricultural districts, as defined in subsection (3) of this section, and five members must be appointed from the state at large; except that no more than three members may be appointed from any one agricultural district. No more than five of the nine members may be affiliated with the same political party. The commission is a type 1 entity, as defined in section 24-1-105.

(2) The members of the commission shall be appointed from persons who are currently or were previously actively engaged in the business of agriculture and allied activities, but a majority of the commission shall be appointed from persons actively engaged in the business of agriculture in such a manner that representation of no agricultural commodity organization constitutes a majority of the commission. A vacancy on the commission shall be filled by the governor by the appointment of a qualified person.

(3) For the purposes of representation on the state agricultural commission, this state is divided into four agricultural districts as follows:

(a) The city and county of Denver and the counties of Adams, Arapahoe, Douglas, and Jefferson constitute the first district.

(b) The counties of Boulder, Cheyenne, Clear Creek, Elbert, Gilpin, Kit Carson, Larimer, Lincoln, Logan, Morgan, Phillips, Sedgwick, Washington, Weld, and Yuma constitute the second district.

(c) The counties of Alamosa, Baca, Bent, Conejos, Costilla, Crowley, Custer, El Paso, Fremont, Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Pueblo, Rio Grande, Saguache, and Teller constitute the third district.

(d) The counties of Archuleta, Chaffee, Delta, Dolores, Eagle, Garfield, Grand, Gunnison, Hinsdale, Jackson, Lake, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Park, Pitkin, Rio Blanco, Routt, San Juan, San Miguel, and Summit constitute the fourth district.

(3.5) (a) Each year that a member serves on the commission, the member shall participate in at least two public meetings in the member's district; except that each of the five members appointed from the state at large shall participate in at least one meeting per year west of the continental divide and at least one meeting per year east of the continental divide, unless the meeting is virtual.

(b) Members are entitled to be reimbursed for reasonable costs incurred in participating in public meetings pursuant to subsection (3.5)(a) of this section.

(c) The commissioner shall:

(I) Track and report to the chair of the commission the status of each voting member's public meetings at least once per year at a time determined by the chair; and

(II) Include the data tracked under subsection (3.5)(c)(I) of this section in the department's annual "SMART Act" presentation to the general assembly pursuant to section 2-7-203.

(d) The governor may determine that a commission member's failure to participate in public meetings pursuant to this subsection (3.5) qualifies as cause for removal from the commission.

(4) The commission shall elect from its members a chair, a vice-chair, and such other commission officers as it shall determine. The commissioner of agriculture, in the discretion of the commission, may serve as secretary of the commission but shall not be eligible to appointment as a member. All commission officers hold their offices at the pleasure of the commission. Regular meetings of the commission shall be held not less than once every three months at such times as may be fixed by resolution of the commission. Special meetings may be called by the chair, by the commissioner, or by a majority of members of the commission at any time on at least three days' prior notice by mail or, in cases of emergency, on twenty-four hours' notice by telephone or other telecommunications device. The commission shall adopt, and at any time may amend, bylaws in relation to its meetings and the transaction of its business. A majority shall constitute a quorum of the commission. Members serve without compensation but are entitled to be reimbursed for their actual and necessary traveling and subsistence expenses when absent from their places of residence in attendance at meetings.

Source: L. 49: p. 190, § 5. CSA: C. 5, § 13(7). CRS 53: § 6-1-5. C.R.S. 1963: § 6-1-5. L. 65: p. 175, § 1. L. 68: p. 127, § 136. L. 83: (1)(c)(I) and (1)(c)(II) amended, p. 1310, § 1, effective May 26. L. 2008: (1)(a) and (1)(b) amended, p. 631, § 1, effective August 5. L. 2013: (2) amended, (HB 13-1300), ch. 316, p. 1696, § 105, effective August 7. L. 2022: Entire section amended, (SB 22-013), ch. 2, p. 77, § 105, effective February 25; (1)(a) amended, (SB 22-162), ch. 469, p. 3402, § 145, effective August 10. L. 2024: (3.5) added, (SB 24-026), ch. 145, p. 587, § 2, effective January 1, 2025.

Editor's note: Amendments to this section and subsection (1)(a) by SB 22-013 and SB 22-162 were harmonized.

Cross references: For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.