First Regular Session

Sixty-first General Assembly

LLS NO. 97­0445.01D JBB SENATE BILL 97­175

STATE OF COLORADO

BY SENATOR Feeley;

also REPRESENTATIVE McPherson.

ENGROSSED

BUSINESS AFFAIRS & LABOR

APPROPRIATIONS

A BILL FOR AN ACT

CONCERNING THE ESTABLISHMENT OF THE COLORADO INSTITUTE OF TELECOMMUNICATIONS, AND MAKING AN APPROPRIATION THEREFOR.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Establishes the Colorado institute of telecommunications at the university of Colorado as an auxiliary facility. Designates the institute an enterprise for purposes of section 20 of article X of the state constitution. Directs the president of the university of Colorado to appoint an executive director of the institute. Grants the institute specific powers. Establishes an advisory board of 9 persons, 7 of whom are appointed by the president of the university of Colorado, one of whom is appointed by the president of the senate, and one of whom is appointed by the speaker of the house of representatives.

Authorizes the board of regents of the university of Colorado to borrow money or issue revenue bonds to construct, acquire, equip, and operate the institute. Establishes a new fund under the control of the board of regents to pay salaries and operating expenses of the institute.

Requires the executive director, with the assistance of the advisory board, to prepare a plan to be submitted to the education committees of the senate and the house of representatives. Specifies that the plan should include a description of courses of study to be offered by the institute, the projected development of its campus, and capital costs and estimated operating expenses for a period of at least 5 years.

Requires the executive director to adopt policies and procedures governing the institute.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Title 23, Colorado Revised Statutes, 1995 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW ARTICLE to read:

23­20.3­101.  Legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT, WITH THE DEVELOPMENT OF THE TELECOMMUNICATIONS INDUSTRY IN COLORADO AND WITH THE PUBLIC POLICY CHANGES THE GENERAL ASSEMBLY HAS INITIATED, COLORADO HAS THE OPPORTUNITY TO BECOME A WORLD­CLASS CENTER FOR TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY. ANY ECONOMIC DEVELOPMENT PLAN OF THE STATE THAT INCLUDES HIGH TECHNOLOGY AS ITS CORE MUST BE FOUNDED UPON A STRONG EDUCATIONAL BASE. THE AVAILABLE WORK FORCE FOR COMPANIES TO DRAW UPON MUST BE HIGHLY EDUCATED, AND WORKERS OF THE COMPANIES THEMSELVES MUST ALSO HAVE ACCESS TO CONTINUING EDUCATIONAL OPPORTUNITIES. IN ADDITION, TECHNOLOGY RESEARCH, THE DEVELOPMENT AND REFINEMENT OF TECHNOLOGY, AND THE UNDERSTANDING OF AND CONTRIBUTION TO THE POLICIES GOVERNING TECHNOLOGY WILL HAVE A GREAT IMPACT UPON THE STATE, BOTH IN TERMS OF ECONOMIC DEVELOPMENT AND ITS DIRECT BENEFIT TO CITIZENS. THEREFORE, THE STRENGTH AND DEVELOPMENT OF A TELECOMMUNICATIONS STUDIES PROGRAM IS A MATTER OF GREAT STATEWIDE CONCERN.

(2)  THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT CURRENT PROGRAMS WITHIN THE STATE CAN SERVE AS THE CORE OF A COMPREHENSIVE EDUCATIONAL PROGRAM FOR TELECOMMUNICATIONS THAT PURSUES THE DEVELOPMENT OF THE ACADEMIC DISCIPLINE OF TELECOMMUNICATIONS. MOREOVER, THE BROADER APPLICATION OF MULTIDISCIPLINARY RESEARCH AND SCHOLARSHIP HOLDS THE PROMISE OF TRANSFORMING THE WAY WE TEACH AND LEARN, BOTH WITHIN THE CONTEXT OF A TRADITIONAL HIGHER EDUCATION EXPERIENCE AND IN THE LIFE­LONG LEARNING WHICH IS BECOMING A PREREQUISITE OF OUR INCREASINGLY TECHNOLOGICAL SOCIETY.

23­20.3­102.  Institute or center established. THERE IS HEREBY ESTABLISHED AT THE UNIVERSITY OF COLORADO A COMMUNICATIONS AND INFORMATION TECHNOLOGY INSTITUTE OR CENTER, REFERRED TO IN THIS ARTICLE AS THE "INSTITUTE". THE INSTITUTE SHALL PROMOTE, SUPPORT, AND ENHANCE EDUCATION AND RESEARCH IN THE FIELDS THAT RELATE TO COMMUNICATIONS AND INFORMATION TECHNOLOGY AND PROVIDE A MEANS FOR CURRICULUM DEVELOPMENT AND COLLABORATIVE INTERDISCIPLINARY RESEARCH WITH THE DISCIPLINARY SCHOOLS OR COLLEGES OF BUSINESS, ECONOMICS, ELECTRICAL ENGINEERING, JOURNALISM AND MASS COMMUNICATIONS, LAW, AND ARTS AND SCIENCES. THE INSTITUTE SHALL ALSO PURSUE THE ESTABLISHMENT OF AN ACADEMIC JOURNAL OF TELECOMMUNICATIONS, AS WELL AS A PROGRAM FOR VISITING SCHOLARS FROM BUSINESS, ACADEMIA, AND GOVERNMENT THAT SUPPORTS AND DEVELOPS THE ONGOING WORK OF THE INSTITUTE. ALTHOUGH LOCATED AT THE UNIVERSITY OF COLORADO, THE INSTITUTE, AS THE CENTER OF EXCELLENCE FOR TELECOMMUNICATION'S STUDIES, SHALL DEVELOP RELATIONSHIPS WITH INDUSTRY AND OTHER INSTITUTIONS IN THE STATE AND SHALL INITIATE A COMPREHENSIVE ENDEAVOR FOR SUCH STUDIES THAT ENCOMPASSES OTHER EDUCATIONAL INSTITUTIONS THAT WISH TO PARTICIPATE AND BECOME A RESOURCE IN THE AREA OF TELECOMMUNICATIONS FOR STATE GOVERNMENT.

23­20.3­103.  Administration. THE UNIVERSITY OF COLORADO SHALL DEVELOP AN ORGANIZATIONAL AND GOVERNANCE STRUCTURE FOR THE INSTITUTE THAT SHALL BE APPROVED BY THE REGENTS OF THE UNIVERSITY OF COLORADO. PROGRAMS AND POLICIES OF THE INSTITUTE SHALL COMPLY WITH THE LAWS ENACTED BY THE REGENTS OF THE UNIVERSITY OF COLORADO PURSUANT TO SECTION 23­20­112 AND STATE STATUTES.

23­20.3­104.  Advisory board ­ appointment. (1)  THE PRESIDENT OF THE UNIVERSITY OF COLORADO SUBJECT TO THE APPROVAL OF THE REGENTS OF THE UNIVERSITY OF COLORADO SHALL APPOINT AN ADVISORY BOARD THAT WILL PLAY A SIGNIFICANT ROLE IN THE ESTABLISHMENT OF POLICIES AND DIRECTION FOR THE INSTITUTE INCLUDING, BUT NOT LIMITED TO CREATING:

(a)  DEFINABLE GOALS OF STATEWIDE INTEREST;

(b)  METHODS OF ACCOUNTABILITY TO MEASURE PROGRESS AT THE INSTITUTE;

(c)  LINKAGES TO EXTERNAL CONSTITUENCIES, INCLUDING BUSINESSES AND INDUSTRIES IN THE STATE AND STATE AND FEDERAL AGENCIES; AND

(d)  ONGOING DEVELOPMENT ACTIVITIES TO ENSURE THE AVAILABILITY OF SUFFICIENT FISCAL AND CAPITAL RESOURCES FOR APPROPRIATE GROWTH.

(2)  THE ADVISORY BOARD SHALL CONSIST OF ELEVEN MEMBERS AND SHALL INCLUDE:

(a)  THREE BUSINESS EXECUTIVES FROM THE TELECOMMUNICATIONS INDUSTRY, REPRESENTING TELECOMMUNICATIONS SUPPLIERS AND SYSTEM OPERATORS, AND THE TELECOMMUNICATIONS USER COMMUNITY;

(b)  THE EXECUTIVE DIRECTOR OF THE COLORADO COMMISSION ON HIGHER EDUCATION OR HIS OR HER DESIGNEE;

(c)  A REPRESENTATIVE OF THE GOVERNING BOARD OF A MAJOR PRIVATE UNIVERSITY;

(d)  THE EXECUTIVE OFFICER OF THE COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION BOARD OR HIS OR HER DESIGNEE;

(e)  THE CHAIR OF THE COLORADO ADVANCED TECHNOLOGY INSTITUTE OR HIS OR HER DESIGNEE;

(f)  THREE REPRESENTATIVES FROM EDUCATIONAL RESEARCH INSTITUTIONS; AND

(g)  A CHAIRPERSON FROM THE PRIVATE SECTOR WHO SHALL HAVE EXPERTISE IN THE TELECOMMUNICATIONS INDUSTRY AS WELL AS HIGHER EDUCATION AND PUBLIC SECTORS.

(3)  AMONG OTHER RESPONSIBILITIES, THE ADVISORY BOARD SHALL MAKE AN ANNUAL REPORT TO THE GENERAL ASSEMBLY ON THE PROGRESS OF THE INSTITUTE, ESPECIALLY IN THE AREAS OF THE DEVELOPMENT AND MAINTENANCE OF A CENTER FOR TELECOMMUNICATIONS EXCELLENCE AND THE USE OF THE INSTITUTE AS A RESOURCE FOR THE STATE.

23­20.3­105.  Interdisciplinary telecommunications program. (1) THE CURRENT INTERDISCIPLINARY TELECOMMUNICATIONS PROGRAM AT THE BOULDER CAMPUS OF THE UNIVERSITY OF COLORADO EXPANDED TO A MULTI­CAMPUS OPERATION WILL BE THE ACADEMIC COUNTERPART OF THE INSTITUTE AND SHALL RETAIN AND INVEST A SIGNIFICANT PORTION OF THE REVENUE IT GENERATES TO HELP SATISFY THE GROWTH DEMANDS AND NEEDS OF THE PROGRAM, THE INSTITUTE, AND THE CONSTITUENTS THEY SERVE.

(2)  A MEMORANDUM OF UNDERSTANDING WILL BE DEVELOPED BETWEEN THE DEAN OF THE SCHOOL OF ENGINEERING AND THE VICE CHANCELLOR FOR ACADEMIC AFFAIRS AT THE UNIVERSITY OF COLORADO THAT WILL SPECIFY THE WAYS IN WHICH THE CURRENT INTERDISCIPLINARY TELECOMMUNICATIONS PROGRAM WILL COORDINATE WITH OTHER SCHOOLS AND COLLEGES.

(3)  FACULTY POSITIONS AT THE INTERDISCIPLINARY TELECOMMUNICATIONS PROGRAM SHALL RESIDE IN THE PROGRAM AND NOT IN ANY PARTICULAR SCHOOL OR COLLEGE. THE UNIVERSITY SHALL PURSUE THE ESTABLISHMENT OF ADDITIONAL PROFESSORSHIPS WITHIN THE PROGRAM WITH FULL CROSS­APPOINTMENTS WHERE POSSIBLE IN THE AREAS OF BUSINESS, ECONOMICS, ENGINEERING, JOURNALISM AND MASS COMMUNICATIONS, LAW, AND OTHER APPROPRIATE DISCIPLINES.

(4)  THE UNIVERSITY OF COLORADO SHALL MAKE COURSES AVAILABLE, USING ALL APPROPRIATE AND AVAILABLE DISTANCE­LEARNING TECHNOLOGY, TO BUSINESS AND INDUSTRY, AS WELL AS TO OTHER INSTITUTIONS WITHIN THE STATE.

(5)  THE UNIVERSITY OF COLORADO SHALL WITHIN THE GUIDELINES ESTABLISHED BY THE COLORADO COMMISSION ON HIGHER EDUCATION PURSUE THE DEVELOPMENT OF A DOCTORAL PROGRAM IN TELECOMMUNICATIONS, AS WELL AS A COORDINATED DOCTORAL PROGRAM IN AREAS INCLUDING ELECTRICAL ENGINEERING, COMPUTER SCIENCE, AND JOURNALISM AND MASS COMMUNICATIONS.

23­20.3­106. No general fund moneys. IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT NO GENERAL FUND MONEYS BE APPROPRIATED FOR THE PURPOSES OF IMPLEMENTING THIS ARTICLE.

SECTION 2.  Appropriation. In addition to any other appropriation, there is hereby appropriated, to the department of higher education, regents of the university of Colorado, for the fiscal year beginning July 1, 1997, the sum of three hundred seven thousand dollars ($307,000), or so much thereof as may be necessary, for the implementation of this act. Said sum shall be from cash fund auxiliary sources.

SECTION 3.  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.