NOTE: The governor signed this measure on 5/18/2013. HOUSE BILL 13-1079 BY REPRESENTATIVE(S) Tyler, Duran, Fields, Ginal, Hullinghorst, Melton, Pabon, Pettersen, Rankin, Rosenthal, Young, Ferrandino; also SENATOR(S) Newell. Concerning the creation of the joint technology committee of the senate and house of representatives, and, in connection therewith, making an appropriation. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add part 17 to article 3 of title 2 as follows: PART 17 JOINT TECHNOLOGY COMMITTEE 2-3-1701. Definitions. As used in this part 17: (1) "Committee" means the joint technology committee created in section 2-3-1702. (2) (a) "Information technology" means information technology and computer-based equipment and related services designed for the storage, manipulation, and retrieval of data by electronic or mechanical means, or both. The term includes but is not limited to: (I) Central processing units, servers for all functions, and equipment and systems supporting communications networks; (II) All related services, including feasibility studies, systems design, software development, system testing, external off-site storage, and network services, whether provided by state employees or by others; (III) The systems, programs, routines, and processes used to employ and control the capabilities of data processing hardware, including operating systems, compilers, assemblers, utilities, library routines, maintenance routines, applications, application testing capabilities, storage system software, hand-held device operating systems, and computer networking programs; (IV) The application of electronic information processing hardware, software, or telecommunications to support state government business processes; and (b) "Information technology" does not mean post-implementation support, hardware life-cycle replacement, or routine maintenance. (3) "Office of information technology" means the office of information technology created in section 24-37.5-103, C.R.S. (4) "Oversee" means reviews of significant information technology projects, reviews of the office's budget requests for information technology projects, and ensuring that information technology projects follow best practice standards as established by the office of information technology. "Oversee" does not include interference with the office's general responsibilities set forth in this article. (5) "State agency" means all of the departments, divisions, commissions, boards, bureaus, and institutions in the executive branch of the state government. "State agency" does not include the legislative or judicial department, the department of law, the department of state, the department of the treasury, or state-supported institutions of higher education, including the Auraria higher education center established in article 70 of title 23, C.R.S. 2-3-1702. Joint technology committee established. (1) There is hereby established a joint committee of the senate and house of representatives known as the joint technology committee, consisting of three members of the house of representatives, two of whom are appointed by the speaker of the house of representatives and one of whom is appointed by the minority leader of the house of representatives, and three members of the senate, two of whom are appointed by the president of the senate and one of whom is appointed by the minority leader of the senate. The members of the committee should have experience in information technology, business analysis, or business process. The committee functions during the legislative sessions and during the interim between sessions. (2) To expedite the work of the committee, appointees may be designated after the general election and prior to the convening of the general assembly at which such committee is to serve, whether such appointees are members of the then-current general assembly or members-elect of the next general assembly, or both; and such appointees have all the powers and duties and are entitled to the same compensation and expense allowance as members duly appointed under the provisions of subsection (1) of this section. (3) The committee shall elect a chair and a vice-chair, one from the senate membership of the committee and one from the house membership of the committee. The chair so elected shall serve as chair for the first regular session of the general assembly at which the committee is to serve, and as vice-chair for the second regular session; the vice-chair so elected shall serve as chair for the second regular session of said general assembly. 2-3-1703. Organization, procedures, and meetings. The committee may prescribe its own rules of procedure and shall meet at least once each year in order to review the governor's budget submissions for information technology, and shall meet as often as necessary to perform its functions. 2-3-1704. Powers and duties of the joint technology committee. (1) (a) The committee oversees the office of information technology, including but not limited to: (I) A review of the state of information technology; (II) Any general information technology needs; (III) Any anticipated short-term or long-term changes for information technology; (IV) The office of information technology's responsibilities related to the statewide communications and information infrastructure as set forth in section 24-37.5-108, C.R.S.; and (V) The office of information technology's responsibilities related to the geographic information system as set forth in section 24-37.5-111, C.R.S. (2) The committee oversees the chief information security officer and his or her duties as established in part 4 of article 37.5 of title 24, C.R.S. (3) The committee oversees any telecommunications coordination within state government that the chief information officer performs pursuant to part 5 of article 37.5 of title 24, C.R.S. (4) The committee oversees the general government computer center established in part 6 of article 37.5 of title 24, C.R.S. (5) The committee may review the actions of the statewide internet portal authority created in section 24-37.7-102, C.R.S. (6) (a) The committee oversees a state agency regarding: (I) Any information technology purchased or implemented that is not managed or approved through the office of information technology; (II) Any information technology that a state agency purchased or implemented that does not follow the standards set by the office of information technology; and (III) Any information technology that a state agency purchased or implemented that has the same function as information technology that the office of information technology has already created, purchased, or implemented. (b) On or before November 1, 2013, and on November 1 of each year thereafter, all state agencies are encouraged to submit a written report to the committee regarding any of the instances described in paragraph (a) of this subsection (6). (7) On or before November 1, 2013, and on November 1 of each year thereafter, the judicial department, the department of law, the department of state, and the department of the treasury are encouraged to submit a written report to the committee that details all information technology that such department purchased or implemented. (8) A copy of any legislative measure introduced during any legislative session, regular or special, commencing on or after January 1, 2014, and determined by the speaker of the house of representatives or by the president of the senate to be dealing with information technology shall be reviewed by the committee. The committee may make advisory recommendations about such legislative measures to the house of representatives, the senate, the joint budget committee, the capital development committee, or to any committee of reference, as appropriate, considering any such legislative measure. (9) On or before the first day of the regular legislative session commencing on or after January 1, 2014, and on the first day of each regular legislative session thereafter, the joint technology committee shall submit a written report on the committee's findings and recommendations based on the committee's oversight pursuant to subsections (1) to (8) of this section to the joint budget committee for any operational budget item related to information technology and to the capital development committee for any capital budget item related to information technology. Such report may include: (a) Legislation recommended by the committee that addresses any of the committee's findings and recommendations based on the committee's oversight pursuant to subsections (1) to (8) of this section. Any such legislation is exempt from the five-bill limitation specified in rule 24 of the joint rules of the senate and the house of representatives. (b) Recommendations concerning appropriations to any state agency for information technology. (c) Recommendations concerning state agency budget requests for information technology for the next fiscal year that have been approved by the office of information technology or the office of state planning and budgeting. Such recommendations may include the basis for approval by the committee, findings or comments on one or more budget requests, and a suggested prioritization of such budget requests. (d) Any information on approved budget requests and a report on the status of any information technology that was previously approved for phasing in or for incremental implementation over a period exceeding one year. (10) Upon request, a state agency and the judicial department, the department of law, the department of state, and the department of the treasury shall make available to the committee such data, reports, or information as are necessary for the performance of the committee's duties. If the committee requests such data, reports, or information, the state agency or judicial department, the department of law, the department of state, or the department of the treasury shall provide the requested information no later than November 1 of the calendar year in which the request is made. 2-3-1705. Staff assistance. The legislative council staff and the office of legislative legal services shall assist the joint technology committee in carrying out its duties. 2-3-1706. Repeal. This part 17 is repealed, effective July 1, 2018. SECTION 2. In Colorado Revised Statutes, 24-37.5-102, add (2.3) as follows: 24-37.5-102. Definitions - repeal. As used in this article, unless the context otherwise requires: (2.3) "Joint technology committee" means the joint technology committee created in section 2-3-1702, C.R.S. SECTION 3. In Colorado Revised Statutes, 24-37.5-105, amend (3.5) (a) introductory portion, (3.5) (b), and (8) introductory portion; and add (3) (l) as follows: 24-37.5-105. Office - responsibilities - rules - repeal. (3) The office shall: (l) Assist the joint technology committee as necessary to facilitate the committee's oversight of the office. (3.5) (a) If the office initiates any COPE services in a state agency on or after January 1, 2010, through an agreement with the statewide internet portal authority or any private sector provider of information technology resources, it shall file a report with the joint budget committee, the joint technology committee, and the legislative audit committee no later than thirty days after the last day of the fiscal quarter in which the COPE service was initiated. Such report shall include the following: (b) Following the report described in paragraph (a) of this subsection (3.5), the office shall file a quarterly report with the joint budget committee and the joint technology committee no later than thirty days after the last day of each subsequent fiscal quarter for a period of two years containing information on the progress of the implementation of the COPE services in the state agency and the cost savings to the state agency from such implementation. No further quarterly reporting shall thereafter be required pursuant to this paragraph (b). (8) Notwithstanding any other provision of law, any emergency acquisition or purchase of information technology resources by the office shall not be subject to the provisions of the "Procurement Code", articles 101 to 112 of this title. The chief information officer, in consultation with and with the approval of the executive director of the department of personnel, shall promulgate rules pursuant to article 4 of this title specifying the criteria for such emergency acquisitions or purchases. On or before September 1, 2009, and on or before September 1 each year thereafter, the chief information officer shall report to the state, veterans, and military affairs committees of the senate and house of representatives, or any successor committees, to the joint technology committee, and to the joint budget committee the following information for each emergency acquisition or purchase of information technology resources made in the preceding fiscal year: SECTION 4. In Colorado Revised Statutes, 24-37.5-106, amend (1) (a), (1) (m), and (1) (t) (I); and add (1) (u) as follows: 24-37.5-106. Chief information officer - duties and responsibilities - broadband inventory fund created - repeal. (1) The chief information officer shall: (a) Monitor trends and advances in information technology resources, direct and approve a comprehensive, statewide, four-year planning process, and plan for the acquisition, management, and use of information technology. The statewide information technology plan shall be updated annually and submitted to the governor, the joint technology committee, the speaker of the house of representatives, and the president of the senate. (m) Advise the joint technology committee and the joint budget committee on requested or ongoing information technology projects, including the adherence of the office to the budget, amounts appropriated, and relevant contract deadline dates or schedules for those projects; (t) (I) Monitor the Colorado benefits management system improvement and modernization project and report quarterly to the joint technology committee and the joint budget committee pursuant to the provisions of section 24-37.5-113. (u) Assist the joint technology committee as necessary to facilitate the committee's oversight of the office. SECTION 5. In Colorado Revised Statutes, 24-37.5-109, amend (1) (c) and (1) (d) as follows: 24-37.5-109. Status of state agencies. (1) State agencies shall: (c) Comply with information requests of the office, the general assembly, the joint technology committee, and the joint budget committee; (d) Upon request of the general assembly, the joint technology committee, or the joint budget committee, provide satisfactory evidence of said compliance; and SECTION 6. In Colorado Revised Statutes, 24-37.5-113, amend (2) (a) as follows: 24-37.5-113. Colorado benefits management system improvement and modernization project - appropriation - reporting - repeal. (2) (a) Commencing June 1, 2012, and continuing on a quarterly basis, thereafter, including September 1, December 1, and March 1 of each year, the chief information officer shall report to the joint technology committee and the joint budget committee, pursuant to the provisions of section 24-1-136, concerning the CBMS project. Each quarterly report shall include the information described in subsection (3) of this section. If a meeting is necessary for the reports required in this paragraph (a), the meeting shall be a joint meeting of the joint technology committee and the joint budget committee. SECTION 7. In Colorado Revised Statutes, 24-37.5-402, add (8.5) as follows: 24-37.5-402. Definitions. As used in this part 4, unless the context otherwise requires: (8.5) "Joint technology committee" means the joint technology committee created in section 2-3-1702, C.R.S. SECTION 8. In Colorado Revised Statutes, 24-37.5-404.7, amend (3) as follows: 24-37.5-404.7. General assembly - information security plans. (3) On or before July 15 of each year, the director of legislative information services for the general assembly shall submit the information security plan developed pursuant to this section to the legislative service agency directors of the general assembly for review and comment. The legislative service agency directors shall submit such plan to the chief information security officer maintain the information security plan pursuant to this section and keep the joint technology committee advised of the plan. SECTION 9. In Colorado Revised Statutes, 24-37.5-506, amend (6) as follows: 24-37.5-506. Public safety communications trust fund - creation. (6) The chief information officer shall keep an accurate account of all activities related to the fund including its receipts and expenditures and shall annually report in writing such account to the joint technology committee created in section 2-3-1702, C.R.S. The state auditor may investigate the affairs of the fund, severally examine the properties and records relating to the fund, and prescribe accounting methods and procedures for rendering periodical reports in relation to disbursements and purchases made from the fund. SECTION 10. In Colorado Revised Statutes, 24-37.5-703, amend (1) (d) (II) (D) as follows: 24-37.5-703. Government data advisory board - created - duties - repeal. (1) (d) (II) Notwithstanding the provisions of subparagraph (I) of this paragraph (d), at the invitation of the chief information officer, additional members who meet the qualifications specified in said subparagraph (I) may be selected to participate on the advisory board as follows: (D) The speaker of the house of representatives and the president of the senate may jointly select a member from the legislative branch, including a representative, senator, or employee. On and after July 1, 2013, if a vacancy arises for the legislative branch position, the jointly selected member shall be a member of the joint technology committee created in section 2-3-1702, C.R.S. SECTION 11. In Colorado Revised Statutes, 24-37.7-102, amend (2) (f) as follows: 24-37.7-102. Statewide internet portal authority - creation - board. (2) The governing body of the authority shall be a board of directors that shall consist of the following thirteen voting members: (f) One member of the senate appointed by the president of the senate and one member of the house of representatives appointed by the speaker of the house of representatives, both of whom shall exhibit a background in information management and technology or who have experience as members of an oversight committee for information management and technology. On and after July 1, 2013, if a vacancy arises among the legislative branch members, the appointed member shall be a member of the joint technology committee created in section 2-3-1702, C.R.S. SECTION 12. In Colorado Revised Statutes, add 24-37.7-113.5 as follows: 24-37.7-113.5. Annual report. On or before November 1, 2013, and on November 1 of each year thereafter, the authority shall submit a report that sets forth a complete and detailed operating and financial statement of the authority during such fiscal year. The report must also include any recommendations regarding additional legislation or other action that may be necessary to carry out the purposes of the authority. SECTION 13. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund, not otherwise appropriated, to the governor-lieutenant governor-state planning and budgeting, for the fiscal year beginning July 1, 2013, the sum of $99,673 and 1.5 FTE, or so much thereof as may be necessary, to be allocated to office of information technology for the implementation of this act. (2) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund, not otherwise appropriated, to the legislative department, for the fiscal year beginning July 1, 2013, the sum of $75,247 and 1.2 FTE, or so much thereof as may be necessary, for the implementation of this act as follows: (a) $61,719 and 1.0 FTE for legislative council; and (b) $13,528 and 0.2 FTE for committee on legal services. SECTION 14. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. ________________________________________________________ Dickey Lee Hullinghorst John P. Morse MAJORITY LEADER OF THE PRESIDENT OF HOUSE OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Marilyn Eddins Cindi L. Markwell CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO