Colorado § 44-32-301 - Racing commission - creation.

§ 44-32-301. Racing commission - creation.

(1) There is created, within the division of racing events, the Colorado racing commission. The commission consists of five members, all of whom must be citizens of the United States and must have been residents of this state for the past five years. The members are appointed by the governor, with the consent and approval of the senate. No member shall have been convicted of a felony or gambling-related offense, notwithstanding the provisions of section 24-5-101. No more than three of the five members may be affiliated with the same political party. At the first meeting of each fiscal year, a chair and vice-chair of the commission shall be chosen from the membership by a majority of the members. Membership and operation of the commission shall additionally meet the following requirements:

(a) (I) Two members of the commission shall have been previously engaged in the racing industry for at least five years;

(II) One member shall be a practicing veterinarian who is currently licensed in Colorado and has been so licensed for not less than five years;

(III) One member shall have been engaged in business in a management-level capacity for at least five years;

(IV) One member shall be a registered elector of the state who is not employed in any profession or industry otherwise described in this subsection (1)(a);

(V) No more than two members of the commission may be from the same congressional district; and

(VI) One member of the commission must be from west of the continental divide.

(b) The term of office for a member is four years; except that terms shall be staggered so that no more than two members' terms expire in the same year. No member of the commission is eligible to serve more than two consecutive terms.

(c) Any vacancy on the commission shall be filled for the unexpired term in the same manner as the original appointment. The member appointed to fill the vacancy shall be from the same category described in subsection (1)(a) of this section as the member vacating the position.

(d) Any member of the commission may be removed by the governor at any time.

(e) The term of any member of the commission who misses more than two consecutive regular commission meetings without good cause shall be terminated and the member's successor shall be appointed in the manner provided for appointments under this section.

(f) Commission members shall be reimbursed for necessary travel and other reasonable expenses incurred in the performance of their official duties.

(g) Prior to confirmation by the senate, each member shall file with the secretary of state a financial disclosure statement in the form required and prescribed by the executive director. The statement shall be renewed as of each January 1 during the member's term of office.

(h) The commission shall hold at least one meeting each quarter and such additional meetings as may be prescribed by rules of the commission. In addition, special meetings may be called by the chair, any two commission members, or the director, if written notification of the meeting is delivered to each member at least seventy-two hours prior to the meeting. Notwithstanding section 24-6-402, in emergency situations in which a majority of the commission certifies that exigencies of time require that the commission meet without delay, the requirements of public notice and of seventy-two hours' actual advance written notice to members may be dispensed with, and commission members as well as the public shall receive such notice as is reasonable under the circumstances. Any action by the commission during such emergency meetings shall be limited to those issues relating to the emergency situation for which the meeting was called.

(i) A majority of the commission shall constitute a quorum, but the concurrence of a majority of the members appointed to the commission shall be required for any final determination by the commission.

Source: L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 293, § 2, effective October 1. L. 2022: IP(1), (1)(a), and (1)(b) amended, (SB 22-013), ch. 2, p. 91, § 124, effective February 25.

Editor's note: This section is similar to former § 12-60-301 as it existed prior to 2018.