§ 44-40-108 — Colorado lottery commission - creation

Colorado § 44-40-108

• Jurisdiction: Colorado
• Title 44: Revenue -
• Art.: State Lottery Division

Text

(1) There is hereby
created, within the state lottery division, the Colorado lottery commission,
consisting of five members, all of whom shall be citizens of the United States and
residents of this state, appointed by the governor, with the consent 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 shall be members of the same political party. A chairman and a vice-chairman of the commission shall be chosen from the membership by a majority of
the members at the first meeting of each fiscal year.

(2) At least one member of the commission shall have been a law
enforcement officer for not less than five years; at least one member shall be an
attorney admitted to the practice of law in Colorado for not less than five years; and
at least one member shall be a certified public accountant who has practiced
accountancy in Colorado for at least five years.

(3) All members shall be appointed for terms of four years. No member of
the commission shall be eligible to serve more than two terms.

(4) Any vacancy on the commission shall be filled for the unexpired term in
the same manner as the original appointment.

(5) Any member of the commission may be removed by the governor at any
time and for any reason.

(6) Commission members shall receive as compensation for their services up
to one hundred dollars per month for each month in which there is an official
commission meeting and shall be reimbursed for necessary traveling and other
reasonable expenses incurred in the performance of their official duties. Upon
appointment, and prior to confirmation by the senate, each member shall file with
the secretary of state a financial disclosure statement in the form required to be
filed by elected state officials. The statement shall be renewed as of each January 1
during the member's term of office. The chairperson of the lottery commission shall
also be reimbursed for necessary traveling and other reasonable expenses incurred
in the performance of his or her duties related to his or her participation on the
three-member panel established in sections 44-40-106 (5)(a) and 44-40-107 (3).

(7) (a) The commission shall hold at least one meeting each month and any
additional meetings that may be prescribed by rules of the commission. In addition,
special meetings may be called by the chairman, any two commission members, or
the director, upon delivery of seventy-two hours' written notice to each member.
Notwithstanding the provisions of 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' written notice to members may be dispensed with, and commission
members as well as the public shall receive the notice as is reasonable under the
circumstances.

(b) For purposes of part 4 of article 6 of title 24, the commission shall be a
state public body, as defined in section 24-6-402 (1)(d), regardless of whether the
state lottery division and the Colorado lottery commission constitute an enterprise
pursuant to section 44-40-102 (1).

(8) A majority of the commission shall constitute a quorum, and the
concurrence of a majority of the commission shall be required for any final
determination by the commission. The commission shall keep a complete and
accurate audio record of all its meetings for a period of at least three years.

Legislative History

Source: L. 2018: (3) amended, (SB 18-066), ch. 172, p. 1203, � 2, effective August 8; entire article added with relocations, (HB 18-1027), ch. 31, p. 345, � 2, effective October 1. L. 2022: (3) amended, (SB 22-013), ch. 2, p. 92, � 125, effective February 25.