Page:Colorado State Constitution (2020).pdf/40

 Source: Referred 2018: Entire section added, Amendment Y, L. 2018, p. 3084, effective upon proclamation of the Governor, December 19, 2018. See L. 2019, p. 4542.

Section 44.2.Commission organization - procedures - transparency - voting requirements.(1) Initial organization, officers, procedures, rules, and transparency. (a) The governor shall convene the commission no later than March 15 of the redistricting year and appoint a temporary chairperson from the commission's members. Upon convening, the commission shall elect a chair and a vice-chair, who are not members of the same political party, and other such officers as it determines.

(b) The director of research of the legislative council and the director of the office of legislative legal services, or the directors of successor nonpartisan offices of the general assembly, shall appoint nonpartisan staff from their respective offices as needed to assist the commission and the panel of judges as described in section 44.1 of this article V. Nonpartisan staff shall acquire and prepare all necessary resources, including computer hardware, software, and demographic, geographic, and political databases, as far in advance as necessary to enable the commission to begin its work immediately upon convening.

(c) The commission may retain legal counsel in all actions and proceedings in connection with the performance of its powers, duties, and functions, including representation of the commission before any court.

(d) The general assembly shall appropriate sufficient funds for the payment of the expenses of the commission, the compensation and expenses of nonpartisan staff, and the compensation and expenses of the panel of judges as described in section 44.1 of this article V. Members of the commission shall be reimbursed for their reasonable and necessary expenses and may also receive such per diem allowance as may be established by the general assembly. Subject to available appropriations, hardware and software necessary for the development of plans may, at the request of any commissioner, be provided to the commissioner. The commission and its staff must have access to statistical information compiled by the state and its political subdivisions as necessary for its duties. State agencies and political subdivisions shall comply with requests from the commission and its staff for such statistical information.

(e) The commission shall adopt rules to govern its administration and operation. The commission must provide at least seventy-two hours of advance public notice of all proposed rules prior to consideration for adoption; except that proposed rules may be amended during commission deliberations without such advance notice of specific, related amendments. Neither the commission's procedural rules nor its mapping decisions are subject to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., or any successor statute. Rules must include but need not be limited to the following:

(I) The hearing process and review of maps submitted for its consideration;

(II) Maintenance of a record of the commission's activities and proceedings, including a record of written and oral testimony received, and of the commission's directions to nonpartisan staff on proposed changes to any plan and the commission's rationale for such changes;

(III) The process for removing commissioners for participating in communications prohibited under this section;

(IV) The process for recommending changes to plans submitted to the commission by nonpartisan staff; and

(V) The adoption of a statewide meeting and hearing schedule, including the necessary Colorado Revised Statutes 2020