(1) There is hereby created the Colorado housing and finance authority, which shall be a body corporate and a political subdivision of the state, shall not be an agency of state government, and shall not be subject to administrative direction by any department, commission, board, bureau, or agency of the state.
(2) The powers of the authority shall be vested in the governing body of the authority, which shall be a board of directors consisting of:
The state auditor;
A member of the general assembly appointed jointly by the speaker of the house andthe majority leader of the senate to serve for the legislative biennium. The legislative member shall be appointed in January at the beginning of the regular session held in odd-numbered years. (c) Eight persons, who shall be appointed by the governor, with the consent of the senate, as follows:
One member who shall be experienced in mortgage banking;
One member who shall be experienced in real estate transactions;
Six additional members to be appointed without regard to their occupations; exceptthat, in making such appointments, the governor shall give strong consideration to the appointment of a member trained in architecture and a member trained in city or regional planning;
(d) An executive director of a principal department of the state government appointed by the governor who shall serve at the pleasure of the governor.
(3) (a) For appointments made prior to June 15, 1987, each member appointed by the governor shall be appointed for a term of seven years, but the original members shall be appointed for the following terms beginning July 1, 1973:
(I) Three members shall be appointed for terms of two years; (II) Two members for terms of four years; and (III) Two members for terms of six years.
Prior to June 15, 1987, their successors shall be appointed for terms of seven yearseach.
Members of the authority serving on May 20, 1987, shall continue to serve in themanner provided in this subsection (3). The additional member of the authority appointed pursuant to subsection (2) of this section shall be appointed for a term of four years beginning July 1, 1987.
Persons holding office on June 15, 1987, are subject to the provisions of section 241-137, C.R.S. For appointments made thereafter, each member appointed by the governor shall be appointed for a term of four years.
Each member shall hold office for his term and until his successor is appointed andqualified. Any member shall be eligible for reappointment, but members shall not be eligible to serve more than two consecutive full terms. Members of the board shall receive no compensation for such services but shall be reimbursed for their necessary expenses while serving as a member of the board. Any vacancy shall be filled in the same manner as the original appointments for the unexpired term.
Any appointed member of the board may be removed by the governor, and the legislative representative by the speaker of the house and the majority leader of the senate, for malfeasance in office, failure to regularly attend meetings, or for any cause which renders said member incapable of or unfit to discharge the duties of his office.
No part of the revenues or assets of the authority shall inure to the benefit of, or bedistributed to, its members or officers or any other private persons or entities.
The authority and its corporate existence shall continue until terminated by law; except that no such law shall take effect so long as the authority has bonds, notes, or other obligations outstanding, unless adequate provision has been made for the payment thereof. Upon termination of the existence of the authority, all its rights and properties in excess of its obligations shall pass to and be vested in the state.
Source: L. 73: p. 806, § 1. C.R.S. 1963: § 69-11-3. L. 75: Entire section R&RE, p. 971,
§ 3, effective April 9. L. 77: (6) and (7) added, p. 1417, § 2, effective May 14. L. 87: (1) amended, (2)(c) R&RE, and (2)(d) and (3)(c) added, p. 1192, §§ 4, 5, 6, 7, effective May 20; IP(3)(a) and (3)(b) amended and (3)(d) added, p. 912, § 25, effective June 15; (3)(c) amended, p. 1589, § 67, effective July 10.
Editor's note: This section was originally numbered as § 29-4-703 in C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location.
Cross references: For the provisions that designate the Colorado housing and finance authority as a "special purpose authority" for the purposes of section 20 of article X of the Colorado constitution, see § 24-77-102 (15); for limitation on issuance of private activity bonds, see part 17 of article 32 of title 24.