(1) (a) The board of governors of the Colorado state university system, referred to in this section as the board, is established. The board consists of fifteen members as provided in subsections (1)(b) and (1)(d) of this section.
(b) Six of the members are advisory, without the right to vote. The advisory members serve terms of one academic year. The six advisory members shall be elected or appointed by their respective governing bodies from their membership as follows:
(I) One elected officer of the student body who is a full-time junior or senior student at Colorado state university;
(II) One elected officer of the faculty council of Colorado state university having the rank of associate professor or higher;
(III) One elected officer of the student body who is a full-time junior or senior student at the Colorado state university - Pueblo;
(IV) One elected officer of the faculty council of the Colorado state university - Pueblo having the rank of associate professor or higher;
(V) One student in good standing from the CSU global campus student body, to be recommended by the student affairs committee and approved by the governing council at CSU global campus; and
(VI) One CSU global campus faculty member with a minimum of three years of service on the CSU global campus faculty, to be recommended by the faculty affairs committee and approved by the governing council at CSU global campus.
(c) Repealed.
(d) The remaining nine members of the board shall be appointed by the governor with the consent of the senate in the following manner:
(I) One of the nine voting members shall either reside in Larimer county or be a graduate of Colorado state university.
(II) One of the nine voting members shall either reside in southern Colorado, as defined in subsection (1)(f) of this section, or be a graduate of Colorado state university - Pueblo.
(III) At least two of the nine voting members shall have substantial experience in the production of agriculture.
(IV) The appointment of the voting members not appointed under subparagraphs (I) and (II) of this paragraph (d) shall be made with consideration given to broad geographical representation whenever possible.
(e) (Deleted by amendment, L. 2008, p. 1999, � 1, effective August 5, 2008.)
(f) For purposes of paragraph (d) of this subsection (1), southern Colorado means Alamosa, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Pueblo, Rio Grande, and Saguache counties.
(g) The term of office for each member appointed by the governor is up to four years, expiring on December 31 of the third calendar year following the calendar year in which the member is appointed; except that the terms shall be staggered so that at least two members' terms expire in each calendar year.
(h) A person, elected or appointed under this section, shall not serve on the board for more than two terms; except that a member of the board, whether elected or appointed, shall continue to serve until a successor is elected or appointed and confirmed by the senate.
(i) Of the nine members appointed by the governor, no more than five members shall be from the same political party.
(j) For the purposes of this section, full-time student means the same as it does in the respective institutions.
(2) (a) Whenever any law of this state refers to the state board of agriculture, it shall be taken to refer to the board of governors of the Colorado state university system. The legal effect of any statute heretofore designating the board of governors of the Colorado state university system by any other name, or property rights heretofore acquired and obligations heretofore incurred under any other name, shall not be impaired.
(b) The revisor of statutes is authorized to make such changes in other provisions of the statutes as may be necessary to conform such provisions to the change of name of the board specified in subsection (1) of this section.
Source: L. 2007: Entire article amended with relocations, p. 517, � 1, effective August 3; (1) amended, p. 462, � 1, effective August 3. L. 2008: (1)(d), (1)(e), (1)(f), and (1)(h) amended, p. 1999, � 1, effective August 5. L. 2012: (1)(a), (1)(b), (1)(g), and (1)(h) amended, (HB 12-1220), ch. 100, p. 333, � 2, effective August 8. L. 2022: (1)(a), IP(1)(b), IP(1)(d), (1)(d)(II), and (1)(g) amended and (1)(c) repealed, (SB 22-013), ch. 2, p. 33, � 43, effective February 25.
Editor's note: (1) This section is similar to former � 23-30-101 as it existed prior to 2007.
(2) Amendments to subsection (1) by Senate Bill 07-052 and House Bill 07-1254 were harmonized.
23-30-102. Board body corporate - powers relating to real and personal property. (1) The board of governors of the Colorado state university system is a body corporate, capable in law of suing and being sued; of taking, holding, acquiring, exchanging, selling, and determining the uses of personal property and real estate, or any interest therein, the ownership of which is vested in the board of governors of the Colorado state university system or the entities governed by it; of contracting and being contracted with; of having and using a corporate seal; having duties and powers to control, manage, and direct the fiscal and all other affairs of the Colorado state university system and the entities it governs; and of causing to be done all things necessary to carry out the provisions of this article.
(1.5) The board of governors of the Colorado state university system shall report all sales, leases, or exchanges of real property to the Colorado commission on higher education.
(2) The board of governors of the Colorado state university system has the power to lease personal property, the ownership of which is vested in the Colorado state university system, or on behalf of any entity governed by it, for a term not to exceed eighty years to state or federal governmental agencies and to persons or corporations, public or private.
(2.5) Subject to such reviews and approvals of state agencies as are required by law, the board of governors of the Colorado state university system has the power to sell, lease, or exchange real property, or any interest therein, including any mineral rights, the ownership of which is vested in the board of governors of the Colorado state university system or on behalf of any entity governed by it. All moneys which arise from the sale, lease, or exchange of said real property, or any interest therein, and all funds transferred pursuant to this subsection (2.5), together with any interest arising from the investment of said moneys and funds, shall be under the exclusive control of the board of governors of the Colorado state university system. The state treasurer is instructed to turn over to the board of governors of the Colorado state university system all the moneys, warrants, bonds, and other securities of any nature, and any interest earned thereon, that have come from the sale, lease, or exchange of said real property, or any interest therein, including any mineral rights.
(3) The board of governors of the Colorado state university system has the power to lease any real property or any interest therein owned by it on behalf of any entity governed by it for mineral exploration, development, and production purposes, upon such terms and conditions as may be prescribed and contracted by the board in the exercise of its best judgment as being in the best interests of said entity. Any lease of mineral rights shall be for a term not to exceed ten years and so long thereafter as minerals are produced and shall provide for a royalty of not less than the royalty for current commercial agreements which are generally accepted as fair royalty returns, which royalty may be reduced proportionately under an appropriate provision in the lease if the interest in said board is less than a full interest in the land or mineral rights in the land described in the lease. All royalties received under lease agreements made pursuant to the authority of this section shall be remitted by the board of governors of the Colorado state university system to the state treasurer for deposit in the general fund. Whenever, in the opinion of the board and because of the size, shape, or current use of any tract of land owned by said board on behalf of any entity governed by it, any lease of such tract provides that no mineral development or production be conducted on the land covered thereby, such lease shall be for a term not to exceed ten years and so long thereafter as the board may share in royalties payable on account of the production of minerals from lands adjacent to such tract so leased.
(4) Whenever deemed by the board of governors of the Colorado state university system to be in the best interests of any entity governed by it, the board may enter into a unit agreement on behalf of the entity, which unit agreement may provide for the pooling, unitization, or consolidation of acreage covered by any oil and gas lease executed by the board with other acreage for oil and gas exploration, development, and production purposes and also provide for the apportionment or allocation of royalties among the separate tracts of land included in the unit or pooling agreement on an acreage or other equitable basis, and the board may change, by such agreement and with the consent of the lessee under the lease, any or all of the provisions of any lease issued by it, including the term of years for which the lease was originally granted, in order to conform the lease to the terms and provisions of the unit or pooling agreement and to facilitate the efficient and economic production of oil and gas from the lands subject to such agreement.
(5) The leasing of real property or any interest therein held by the board of governors of the Colorado state university system under the provisions of this section shall not be deemed to be a sale of such property.
(6) The board of governors of the Colorado state university system has the power to exchange real property or any interest therein owned by the board on behalf of any entity governed by it for lands or interests in lands which the board, in the exercise of its best judgment, believes to be in the best interests of said entity in the furtherance of its programs.
(7) The authority of the board of governors of the Colorado state university system to execute oil and gas or other mineral leases of lands owned by the board prior to June 3, 1977, is hereby confirmed and acknowledged, and no such lease heretofore executed by the board shall be invalid for want of such authority.
Source: L. 2007: Entire article amended with relocations, p. 518, � 1, effective August 3. L. 2012: (1) amended, (HB 12-1220), ch. 100, p. 334, � 3, effective August 8.
Editor's note: This section is similar to former � 23-30-102 as it existed prior to 2007.