Colorado § 23-15-104 Authority - creation - board - organization

Colorado Statutes

§ 23-15-104 — Authority - creation - board - organization

Colorado·Title 23 Postsecondary Education·Art. Colorado Educational and Cultural

(1)(a) There is created an independent public body politic and corporate to be known as the Colorado educational and cultural facilities authority. The authority is constituted a public instrumentality, and its exercise of the powers conferred by this article 15 is deemed and held to be the performance of an essential public function. The authority is a body corporate and a political subdivision of the state, is not an agency of state government, and is not subject to administrative direction by any department, commission, board, or agency of the state.

(b)The legal effects of any statute designating the Colorado educational and cultural facilities authority by any other name, or property rights incurred under any other name, shall not be impaired.

(2)(a) The governing body o

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(1) (a) There is
created an independent public body politic and corporate to be known as the
Colorado educational and cultural facilities authority. The authority is constituted a
public instrumentality, and its exercise of the powers conferred by this article 15 is
deemed and held to be the performance of an essential public function. The
authority is a body corporate and a political subdivision of the state, is not an
agency of state government, and is not subject to administrative direction by any
department, commission, board, or agency of the state.

(b) The legal effects of any statute designating the Colorado educational
and cultural facilities authority by any other name, or property rights incurred under
any other name, shall not be impaired.

(2) (a) The governing body of the authority is a board of directors, which
consists of seven members to be appointed by the governor, with the consent of the
senate.

(b) Each member must be a resident of the state.

(c) No more than four of the members may be affiliated with the same
political party.

(d) The term of office of an appointed member is four years; except that the
terms shall be staggered so that no more than four members' terms expire in the
same year.

(e) Each member shall serve until the member's resignation or, in the case of
a member whose term has expired, until the member's successor has been
appointed.

(f) Any member is eligible for reappointment.

(3) The governor shall fill any vacancy by appointment for the remainder of
an unexpired term. Any member appointed by the governor when the general
assembly is not in regular session, whether appointed for an unexpired term or for a
full term, shall be deemed to be duly appointed and qualified until the appointment
of such member is approved or rejected by the senate. Such appointment shall be
submitted to the senate for its approval or rejection during the next regular session
of the general assembly following the appointment.

(4) (a) Any member of the board may be removed by the governor for
misfeasance, malfeasance, willful neglect of duty, or other cause.

(b) Notwithstanding the provisions of subsection (4)(a) of this section, a
member shall be removed by the governor if such member fails, for reasons other
than temporary mental or physical disability or illness, to attend three regular
meetings of the board during any twelve-month period without the board having
entered upon its minutes an approval for any of such absences.

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Legislative History

Source: L. 81: Entire article added, p. 1098, � 1, effective July 1. L. 83: (2) amended, p. 804, � 2, effective May 25. L. 87: (2) amended, p. 907, � 15, effective June 15. L. 98: (1) amended, p. 605, � 5, effective May 4. L. 2022: Entire section amended, (SB 22-013), ch. 2, p. 30, � 39, effective February 25.