This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.
Second Regular Session
Sixty-first General Assembly
LLS NO. 980572.01 BJA
SENATE BILL 98122
STATE OF COLORADO
BY SENATOR Schroeder;
also REPRESENTATIVE May.
REENGROSSED
BUSINESS AFFAIRS & LABOR
APPROPRIATIONS
A BILL FOR AN ACT
CONCERNING THE CREATION OF THE DEPARTMENT OF COMMUNICATION
AND INFORMATION RESOURCES.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
adopted.)
(Drafting Note: This bill includes some statutory
sections that have been relocated and renumbered, either without
change or with amendments. Existing material that has been relocated
is printed in lowercase type, with any amendments indicated
by capital letters and cancelled letter type. Former section
numbers are supplied in brackets for comparison purposes.)
Creates the department of communication and information resources as a principal department to coordinate communication and information resources management within state government. Transfers the commission on information management, the division of telecommunications, the general government computer center, and the division of state archives and public records from the department of personnel to the department of communication and information resources. Provides for the transfer of employees of the department of personnel performing the functions and duties transferred to the department of communication and information resources, except for certain other employees who may be transferred upon the approval of the chief technology officer.
Reestablishes the commission on information management and provides for the appointment, replacement, and removal of members of the commission and their terms of office and compensation. Defines the commission's purposes and duties. Provides for a chief technology officer to be appointed by the governor. Requires the chief technology officer to prepare a state strategic plan and submit it to the commission. Requires the commission to review and approve such plan.
Requires the department of communication and information resources, with the assistance of the commission on information management, to develop, review, and adopt an annual report on the communication and information resources management activities of state government. Requires each agency to submit an annual agency report and agency strategic plan to the department. Prescribes the contents of such reports and plans. Authorizes the department to prescribe the format for such reports and plans and to define the major categories of communication and information resources that each agency shall inventory. Authorizes the department to set forth policies and instructions for agencies in preparing the same. Requires the department, with the assistance of the commission, to review and approve or disapprove each agency strategic plan.
Requires agencies to submit specifications and obtain approval from the department of communication and information resources before acquiring communication and information resources technologies.
Establishes a fund to include fees for the costs of computer services provided by the department.
Establishes the joint computer management committee and describes the issues the committee may address.
Makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE CONTAINING RELOCATED PROVISIONS, WITH AMENDMENTS, to read:
ARTICLE 30.5
Department of Communication and Information Resources
PART 1
MANAGEMENT OF COMMUNICATION AND INFORMATION
2430.5101. Short title. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT ACT".
2430.5102. Legislative declaration findings. (1) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:
(a) COMMUNICATION AND INFORMATION RESOURCES IN THE VARIOUS AGENCIES OF STATE GOVERNMENT ARE VALUABLE STRATEGIC ASSETS BELONGING TO THE PEOPLE OF COLORADO THAT MUST BE MANAGED ACCORDINGLY;
(b) TECHNOLOGICAL AND THEORETICAL ADVANCES IN THE AREA OF COMMUNICATION AND INFORMATION USE ARE RECENT IN ORIGIN, IMMENSE IN SCOPE AND COMPLEXITY, AND PROGRESSING RAPIDLY;
(c) THE NATURE OF THESE ADVANCES PRESENTS COLORADO WITH THE OPPORTUNITY TO PROVIDE HIGHER QUALITY, MORE TIMELY, AND MORE COSTEFFECTIVE GOVERNMENTAL SERVICES;
(d) AGENCIES INDEPENDENTLY ACQUIRE UNCOORDINATED AND DUPLICATIVE INFORMATION RESOURCE TECHNOLOGIES THAT ARE MORE APPROPRIATELY ACQUIRED AS PART OF A COORDINATED EFFORT FOR MAXIMUM COSTEFFECTIVENESS AND USE;
(e) THE SHARING OF COMMUNICATION AND INFORMATION RESOURCE TECHNOLOGIES AMONG AGENCIES IS OFTEN THE MOST COSTEFFECTIVE METHOD OF PROVIDING THE HIGHEST QUALITY AND MOST TIMELY GOVERNMENTAL SERVICES THAT WOULD OTHERWISE BE COST PROHIBITIVE;
(f) CONSIDERATIONS OF BOTH COST AND THE NEED FOR THE TRANSFER OF INFORMATION AMONG THE VARIOUS AGENCIES AND BRANCHES OF STATE GOVERNMENT IN THE MOST TIMELY AND USEFUL FORM POSSIBLE REQUIRE A UNIFORM POLICY AND COORDINATED SYSTEM FOR THE USE AND ACQUISITION OF COMMUNICATION AND INFORMATION RESOURCE TECHNOLOGIES;
(g) CONSIDERATIONS OF COST AND EXPERTISE REQUIRE THAT, TO THE EXTENT POSSIBLE, THE PLANNING AND COORDINATING FUNCTIONS RESIDE IN A SEPARATE AGENCY FROM THE PURCHASING FUNCTION; AND
(h) THE NEED OF OFFICERS AND OFFICIALS IN THE EXECUTIVE BRANCH OF GOVERNMENT TO HAVE TIMELY ACCESS TO ALL NEEDED INFORMATION IN A FORM MOST USEFUL TO THEM IN THEIR EXECUTION OF THE LAWS AND THE NEED OF MEMBERS OF THE LEGISLATIVE BRANCH OF GOVERNMENT TO HAVE TIMELY ACCESS TO ALL NEEDED INFORMATION IN A FORM MOST USEFUL TO THEM IN THEIR EVALUATION OF THE PRACTICAL EFFECT OF THE LAWS AND IN THEIR IDENTIFICATION OF AREAS WHERE LEGISLATION IS NEEDED FOR THE FUTURE ARE EQUALLY PARAMOUNT, REQUIRING THE GREATEST POSSIBLE COORDINATION AND COOPERATION WITHIN AND AMONG THE BRANCHES OF GOVERNMENT ON AN ONGOING AND FORMALIZED BASIS.
(2) THE DEVELOPMENT AND USE OF A STATEWIDE TELECOMMUNICATIONS NETWORK WILL ACCELERATE ECONOMIC DEVELOPMENT WITHIN THE STATE. THE GENERAL ASSEMBLY FURTHER FINDS THAT COOPERATION AND PARTICIPATION BY MEDICAL AND HEALTH FACILITIES, PUBLIC AND PRIVATE ECONOMIC DEVELOPMENT ORGANIZATIONS, THE JUDICIAL SYSTEM, AND LOCAL GOVERNMENTS IN DEVELOPING A STATEWIDE TELECOMMUNICATIONS NETWORK WILL FACILITATE EXPANSION OF SUCH NETWORK TO ITS FULL POTENTIAL AND ENCOURAGE ECONOMIC GROWTH AND DEVELOPMENT WITHIN COLORADO.
(3) IT IS THE POLICY OF THIS STATE TO COORDINATE AND DIRECT THE USE OF COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES BY AGENCIES AND TO PROVIDE AS SOON AS POSSIBLE THE MOST COSTEFFECTIVE AND USEFUL RETRIEVAL AND EXCHANGE OF INFORMATION BOTH WITHIN AND AMONG THE VARIOUS AGENCIES AND BRANCHES OF GOVERNMENT AND FROM THE AGENCIES AND BRANCHES OF STATE GOVERNMENT TO THE PEOPLE OF COLORADO. TO THAT END, THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES IS CREATED.
(4) THE GENERAL ASSEMBLY FURTHER FINDS THAT DEVELOPMENT OF A STATEWIDE INFORMATION INFRASTRUCTURE THAT CONNECTS URBAN AND RURAL COMMUNITIES ACROSS THE STATE AND IS ACCESSIBLE TO CITIZENS, STATE AND LOCAL GOVERNMENT AGENCIES, SCHOOL DISTRICTS, INSTITUTIONS OF HIGHER EDUCATION, PUBLIC LIBRARIES, THE STATE JUDICIAL SYSTEM, HEALTH CARE PROVIDERS, AND ENTITIES INVOLVED IN ECONOMIC DEVELOPMENT IS CRITICAL FOR THE CONTINUED ADVANCEMENT OF THE STATE.
(5) FURTHERMORE, A STATEWIDE INFORMATION INFRASTRUCTURE WILL PROVIDE COLORADO'S STATE AND LOCAL GOVERNMENTS, EDUCATORS, PUBLIC LIBRARIES, HEALTH CARE PROVIDERS, BUSINESSES, AND CITIZENS WITH:
(a) CONNECTIONS BETWEEN AND AMONG INSTITUTIONS OF HIGHER EDUCATION, SCHOOL DISTRICTS, PUBLIC LIBRARIES, PUBLIC HOSPITALS, COURTS, AND GOVERNMENT OFFICES BOTH INSIDE AND OUTSIDE THE STATE;
(b) THE NECESSARY INFRASTRUCTURE TO SUPPORT DISTANCE LEARNING, TELEMEDICINE, ECONOMIC DEVELOPMENT, AND ENHANCED CITIZEN ACCESS TO GOVERNMENT INFORMATION;
(c) REDUCED POLLUTION THROUGH THE DEPLOYMENT OF INFORMATION SERVICES THAT REDUCE THE NEED TO TRAVEL LONG DISTANCES FOR EDUCATION, HEALTH CARE, GOVERNMENT SERVICES, AND INFORMATION AND ELIMINATE DISTANCE AS A FACTOR THAT DETRACTS FROM INDIVIDUALS' QUALITY OF LIFE;
(d) GROWTH OPPORTUNITIES FOR EXISTING EDUCATION, HEALTH CARE, AND BUSINESS INSTITUTIONS REGARDLESS OF GEOGRAPHIC LOCATION;
(e) ENHANCED POSITIONING FOR THE STATE AS AN INTERNATIONAL SOURCE OF EDUCATION, INFORMATION ACCESS, HEALTH CARE, BUSINESS, AND ECONOMIC DEVELOPMENT;
(f) INCREASED EFFICIENCY IN FUNDING THROUGH THE ELIMINATION OF COSTLY DUPLICATION AND GAPS IN INFRASTRUCTURE THAT CAUSE THE MISUSE OF STATE RESOURCES; AND
(g) ESTABLISHMENT OF COLORADO AS A LEADER IN PROVIDING AN OPEN ACCESS INFORMATION SUPERHIGHWAY.
2430.5103. Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "AGENCY" MEANS A DEPARTMENT, COMMISSION, BOARD, BUREAU, INSTITUTION, OR OTHER AGENCY OF THIS STATE, INCLUDING A UNIVERSITY SYSTEM OR STATESUPPORTED INSTITUTIONS OF HIGHER EDUCATION.
(2) "APPLICATION" MEANS A SEPARATELY IDENTIFIABLE AND INTERRELATED SET OF INFORMATION RESOURCES TECHNOLOGIES THAT ALLOWS AN AGENCY TO MANIPULATE INFORMATION RESOURCES TO SUPPORT SPECIFICALLY DEFINED OBJECTIVES.
(3) "COMMISSION" MEANS THE COMMISSION ON INFORMATION MANAGEMENT CREATED PURSUANT TO SECTION 2430.5105.
(4) "COMMUNITIES" MEANS GEOGRAPHICALLY DEFINED COMMUNITIES AND COMMUNITIES OF INTEREST, INCLUDING BUT NOT LIMITED TO EDUCATION, LIBRARIES, HEALTH CARE, THE JUDICIAL SYSTEM, AND ECONOMIC DEVELOPMENT.
(5) "COMMUNICATION AND INFORMATION INFRASTRUCTURE" MEANS ALL SERVICES OFFERED TO THE PUBLIC, EITHER FREE OR AT A SET PRICE, THAT EMPLOY THE STATEWIDE TELECOMMUNICATIONS INFRASTRUCTURE TO PROVIDE, FOR THE BENEFIT OF THE PUBLIC OR PRIVATE SECTOR, TEXT, VIDEO, IMAGE, SOUND, OR DATA.
(6) "COMMUNICATION AND INFORMATION RESOURCES" MEANS THE PROCEDURES, EQUIPMENT, AND SOFTWARE THAT ARE DESIGNED, BUILT, OPERATED, AND MAINTAINED TO COLLECT, RECORD, PROCESS, STORE, RETRIEVE, DISPLAY, AND TRANSMIT INFORMATION. THE TERM ALSO INCLUDES ASSOCIATED PERSONNEL INCLUDING CONSULTANTS AND CONTRACTORS.
(7) "COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES" MEANS DATA PROCESSING AND TELECOMMUNICATIONS HARDWARE, SOFTWARE, SERVICES, SUPPLIES, PERSONNEL, FACILITY RESOURCES, MAINTENANCE, AND TRAINING.
(8) "DATA PROCESSING" MEANS INFORMATION TECHNOLOGY EQUIPMENT AND RELATED SERVICES DESIGNED FOR THE AUTOMATED STORAGE, MANIPULATION, AND RETRIEVAL OF DATA BY ELECTRONIC OR MECHANICAL MEANS, OR BOTH. THE TERM INCLUDES, BUT IS NOT LIMITED TO:
(a) CENTRAL PROCESSING UNITS, FRONTEND PROCESSING UNITS, MINIPROCESSORS, MICROPROCESSORS, AND RELATED PERIPHERAL EQUIPMENT, SUCH AS DATA STORAGE DEVICES, DOCUMENT SCANNERS, DATA ENTRY EQUIPMENT, TERMINAL EQUIPMENT, COMPUTERBASED WORD PROCESSING SYSTEMS OTHER THAN MEMORY OR OTHER TYPEWRITERS, AND EQUIPMENT AND SYSTEMS FOR COMPUTER NETWORKS;
(b) ALL RELATED SERVICES, INCLUDING FEASIBILITY STUDIES, SYSTEMS DESIGN, SOFTWARE DEVELOPMENT, AND TIMESHARING SERVICES, WHETHER PROVIDED BY STATE EMPLOYEES OR BY OTHERS; AND
(c) THE PROGRAMS AND ROUTINES USED TO EMPLOY AND CONTROL THE CAPABILITIES OF DATA PROCESSING HARDWARE, INCLUDING OPERATING SYSTEMS, COMPILERS, ASSEMBLERS, UTILITIES, LIBRARY ROUTINES, MAINTENANCE ROUTINES, APPLICATIONS, AND COMPUTER NETWORKING PROGRAMS.
(9) "DEPARTMENT" MEANS THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES CREATED PURSUANT TO SECTIONS 241130.5 AND 2430.5104.
(10) "PROJECT" MEANS A PROGRAM TO PROVIDE INFORMATION RESOURCES TECHNOLOGIES SUPPORT TO FUNCTIONS WITHIN OR AMONG ELEMENTS OF AN AGENCY, WHICH SHOULD BE CHARACTERIZED BY WELLDEFINED PARAMETERS, SPECIFIC OBJECTIVES, COMMON BENEFITS, PLANNED ACTIVITIES, A SCHEDULED COMPLETION DATE, AND AN ESTABLISHED BUDGET WITH A SPECIFIED SOURCE OF FUNDING.
(11) "TELECOMMUNICATION" MEANS ANY TRANSMISSION, EMISSION, OR RECEPTION OF SIGNS, SIGNALS, WRITINGS, IMAGES, OR SOUNDS OF INTELLIGENCE OF ANY NATURE BY WIRE, RADIO, OPTICAL, OR OTHER ELECTROMAGNETIC SYSTEMS AND INCLUDES ALL FACILITIES AND EQUIPMENT PERFORMING THOSE FUNCTIONS THAT ARE OWNED, LEASED, OR USED BY AGENCIES AND BRANCHES OF STATE GOVERNMENT.
2430.5104. Department of communication and information resources divisions creation. (1) THERE IS HEREBY CREATED THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES.
(2) THE DEPARTMENT SHALL CONSIST OF THE FOLLOWING:
(a) THE DIVISION OF TELECOMMUNICATIONS, CREATED IN PART 2 OF THIS ARTICLE;
(b) THE GENERAL GOVERNMENT COMPUTER CENTER, CREATED IN PART 3 OF THIS ARTICLE;
(c) THE DIVISION OF STATE ARCHIVES AND PUBLIC RECORDS, CREATED IN PART 4 OF THIS ARTICLE; AND
(d) THE COMMISSION ON INFORMATION MANAGEMENT, CREATED IN SECTION 2430.5105.
2430.5105. [Formerly 24301701] Commission abolished commission reestablished membership repeal. (1) EFFECTIVE JULY 1, 1999, THE COMMISSION ON INFORMATION MANAGEMENT IS ABOLISHED, AND THE TERMS OF THE MEMBERS OF THE COMMISSION SERVING AS SUCH IMMEDIATELY PRIOR TO JULY 1, 1999, ARE TERMINATED.
(1) (2) (a) There
is hereby created in the department
of personnel the commission on information
management, which shall consist of fifteen
THIRTEEN members and shall be constituted as follows: The governor
shall appoint eight members from the private sector who shall
exhibit a background in information management and technology
the president of the senate shall
appoint one member of the senate, and the speaker of the house
of representatives shall appoint one member of the house of representatives;
and the remaining five members shall be the executive director
of the department of personnel, the executive directors of three
principal departments, which departments shall be designated by
the governor, and the state court administrator. Private sector
members shall serve for terms of four years each; except that,
of those members first appointed to the commission, the terms
of office shall be as follows: Two shall be appointed for one
year, two shall be appointed for two years, two shall be appointed
for three years, and two shall be appointed for four years. Private
sector members shall receive no compensation for their services
but shall be reimbursed from the governor's budget for their actual
and necessary expenses incurred in the performance of their duties
on the commission. Legislative members shall be compensated in
the same manner as for attendance at interim committee meetings.
AND FOUR MEMBERS FROM THE EXECUTIVE DEPARTMENT, ONE OF WHOM SHALL
BE SELECTED FROM THE DEPARTMENT OF HIGHER EDUCATION. THE CHIEF
JUSTICE OF THE COLORADO SUPREME COURT SHALL APPOINT ONE MEMBER
FROM THE JUDICIAL BRANCH. ALL APPOINTMENTS SHALL BE MADE WITHIN
THIRTY DAYS AFTER JULY 1, 1999.
(b) PRIVATE SECTOR MEMBERS SHALL SERVE FOR TERMS OF FOUR YEARS EACH.
(c) COMMISSION MEMBERS APPOINTED BY THE GOVERNOR SHALL SERVE AT THE PLEASURE OF THE GOVERNOR. THE COMMISSION MEMBER APPOINTED BY THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT SHALL SERVE AT THE PLEASURE OF THE CHIEF JUSTICE.
(2) (3) The
commission annually shall elect a chairman
CHAIR from among its members.
(3) Subject to availability, the
executive, judicial, and legislative departments shall make available
to the commission such data, facilities, and personnel as are
necessary for the performance of the commission's duties.
(4) VACANCIES ON THE COMMISSION SHALL BE FILLED BY APPOINTMENT FOR THE UNEXPIRED TERM USING THE METHOD OF THE ORIGINAL APPOINTMENT. ALL VACANCIES SHALL BE FILLED WITHIN THIRTY DAYS OF THE VACANCY.
(5) PRIVATE SECTOR MEMBERS OF THE COMMISSION SHALL BE COMPENSATED FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
(6) NO MEMBER OF THE COMMISSION SHALL BE LIABLE IN ANY CIVIL ACTION FOR DAMAGES FOR ANY ACT PERFORMED OR OMITTED IN GOOD FAITH IN PERFORMING THE FUNCTIONS OF THE COMMISSION.
(7) SEVEN OR MORE MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM. A QUORUM MUST BE PRESENT TO CONDUCT BUSINESS. AN ACTION TAKEN BY A MAJORITY OF THOSE PRESENT AT ANY MEETING AT WHICH A QUORUM IS PRESENT SHALL BE THE ACTION OF THE COMMISSION.
(8) THE COMMISSION SHALL MEET AT LEAST ONCE EVERY MONTH. THE CHAIR OF THE COMMISSION MAY CALL ADDITIONAL MEETINGS OF THE COMMISSION WITH NOTICE OF AT LEAST SEVENTYTWO HOURS TO ALL MEMBERS.
(9) ALL COMMISSION MEETINGS AND HEARINGS SHALL BE OPEN TO THE PUBLIC PURSUANT TO SECTION 246402.
(10) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2005.
2430.5106. Conflict of interest. MEMBERS OF THE COMMISSION SHALL DISCLOSE ANY POTENTIAL CONFLICTS OF INTEREST TO THE GOVERNOR AND THE JOINT COMPUTER MANAGEMENT COMMITTEE OF THE GENERAL ASSEMBLY AND SHALL DISCLOSE ANY POTENTIAL CONFLICTS OF INTEREST THAT ARISE DURING THEIR TERMS TO THE APPOINTING AUTHORITY AND TO OTHER COMMISSION MEMBERS DURING ANY PUBLIC MEETING OF THE COMMISSION. POTENTIAL CONFLICTS OF INTEREST INCLUDE, BUT ARE NOT LIMITED TO, SITUATIONS WHERE THE COMMISSION MEMBER IS EMPLOYED BY OR HAS RECEIVED FINANCIAL BENEFITS FROM ANY ENTITY PROVIDING INFORMATION RESOURCES TECHNOLOGIES.
2430.5107. [Formerly 24301702] Commission's
purposes, powers, and duties. (1) The
purposes
PURPOSE of the commission on information
management are to oversee IS TO ASSIST
AND ADVISE THE DEPARTMENT ON strategic planning and set
THE SETTING OF policy for the state's COMMUNICATION AND information
systems and to assure continuity in planning and controlling the
state's investment in COMMUNICATION AND information systems.
In furtherance of these purposes, the commission shall have the
following powers and duties:
(a) To prepare
annually and approve ASSIST IN THE
PREPARATION OF the state's strategic COMMUNICATION AND data processing
plan and assure that longrange plans of state agencies are
developed in accordance with said data processing plan;
(b) To assess the status of current state COMMUNICATIONS AND data processing systems and evaluate other potential systems;
(c) To develop an approach for achieving statewide compatibility or accessibility of COMMUNICATION AND information systems;
(d) To approve
ASSIST THE DEPARTMENT IN DEVELOPING a set of minimum standards
to control purchases by state agencies and approve criteria to
be used in approving or rejecting agency procurements. Approved
standards and criteria shall be promulgated as rules and regulations
pursuant to the "State Administrative Procedure Act",
article 4 of this title.
(e) To advise the governor and the general
assembly JOINT COMPUTER MANAGEMENT
COMMITTEE on COMMUNICATION AND data processing matters;
(f) To study the COMMUNICATION AND automated data processing needs of state agencies; and
(g) To fulfill the duties concerning the
statewide COMMUNICATION AND information infrastructure specified
in section 24301702.5
2430.5108.
(2) The commission shall exercise
its powers and perform its duties and functions specified by this
article as if the same were transferred to the department by a
type 1 transfer, as such transfer is defined in
article 1 of this title.
2430.5108. [Formerly 24301702.5] Statewide
communications and information infrastructure establishment
commission duties. (1) (a) The
general assembly hereby finds that development of a statewide
information infrastructure that connects urban and rural communities
across the state and is accessible to citizens, state and local
government agencies, school districts, institutions of higher
education, public libraries, the state judicial system, health
care providers, and entities involved in economic development
is critical for the continued advancement of the state.
(b) The general assembly finds
that a statewide information infrastructure will provide Colorado's
state and local governments, educators, public libraries, health
care providers, businesses, and citizens with:
(I) Connections between and among
institutions of higher education, school districts, public libraries,
public hospitals, courts, and government offices both inside and
outside the state;
(II) The necessary infrastructure
to support distance learning, telemedicine, economic development,
and enhanced citizen access to government information;
(III) Reduced pollution through
the deployment of information services that reduce the need to
travel long distances for education, health care, government services,
and information and eliminate distance as a factor that detracts
from individuals' quality of life;
(IV) Growth opportunities for
existing education, health care, and business institutions regardless
of geographic location;
(V) Enhanced positioning for the
state as an international source of education, information access,
health care, business, and economic development;
(VI) Increased efficiency in funding
through the elimination of costly duplication and gaps in infrastructure
that cause the misuse of state resources; and
(VII) Establishment of Colorado
as a leader in providing an open access information superhighway.
(2) As used in this section, unless
the context otherwise requires:
(a) "Communities" means
geographically defined communities and communities of interest,
including but not limited to education, libraries, health care,
the judicial system, and economic development.
(b) "Information infrastructure"
means all services offered to the public, either free or at a
set price, that employ the statewide telecommunications infrastructure
to provide, for the benefit of the public or private sector, text,
video, image, sound, or data.
(3) (1) With
regard to the statewide COMMUNICATION AND information infrastructure,
the commission on information management
shall have the following duties:
(a) To develop
and implement ASSIST THE DEPARTMENT
IN DEVELOPING AND IMPLEMENTING requirements for the statewide
COMMUNICATION AND information infrastructure based on present
and future user applications;
(b) To review existing portions of the statewide COMMUNICATION AND information infrastructure to determine the areas of the state in which they exist and whether the existing portions are adequate and usable for present and future user applications;
(c) To define and initiate a partnership between the public and private sector for funding and building the statewide COMMUNICATION AND information infrastructure, with the understanding that the private sector will build the necessary portions of the statewide COMMUNICATION AND information infrastructure;
(d) To initiate a system to manage the
use of the statewide COMMUNICATION AND information network in
the most economical and effective manner; including
designation of a system usage manager;
(e) To oversee ongoing use of the statewide COMMUNICATION AND information infrastructure;
(f) To recommend, if necessary, further legislation and budget appropriations for ongoing implementation of the statewide COMMUNICATION AND information infrastructure.
2430.5109. [Formerly 24301703]
Status of state agencies.
State agencies including the legislative
and THE judicial departments,
DEPARTMENT shall have general supervision of their automated data
processing systems but shall comply with the plans, policies,
directives, rules, and regulations issued by the DEPARTMENT AND
THE commission and shall, upon request of the general assembly,
or the
joint budget committee, OR THE JOINT COMPUTER MANAGEMENT COMMITTEE,
provide satisfactory evidence of said compliance.
2430.5110. [Formerly 24301704] Annual
report by commission. The commission
shall report to the general assembly regularly on at least an
annual basis concerning the implementation of the provisions of
this part 17
1.
2430.5111. Powers and duties of the commission. (1) THE COMMISSION MAY ADOPT RULES NECESSARY FOR THE IMPLEMENTATION OF THIS ARTICLE IN ACCORDANCE WITH THE "STATE ADMINISTRATIVE PROCEDURE ACT", ARTICLE 4 OF THIS TITLE.
(2) THE COMMISSION SHALL PROVIDE THE LEADERSHIP AND COORDINATION OF COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT TO THE DEPARTMENT.
(3) THE COMMISSION SHALL REVIEW THE ANNUAL REPORT EACH AGENCY IS REQUIRED TO SUBMIT TO THE DEPARTMENT. THE COMMISSION SHALL SUBMIT ITS COMMENTS TO THE DEPARTMENT ON EACH AGENCY'S ANNUAL REPORT REGARDING:
(a) EACH AGENCY=S USE OF COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES;
(b) THE IMPACT OF THOSE TECHNOLOGIES ON THE DUTIES AND FUNCTIONS OF THE AGENCY;
(c) THE COSTS INCURRED BY THE AGENCY IN THE ACQUISITION AND USE OF THOSE TECHNOLOGIES;
(d) THE CATEGORIES OF INFORMATION PRODUCED BY THE AGENCY;
(e) THE PROCEDURES FOLLOWED IN OBTAINING COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES; AND
(f) OTHER INFORMATION RELATING TO COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT THAT, IN THE JUDGMENT OF THE COMMISSION, SHOULD BE REPORTED.
(4) THE COMMISSION SHALL MONITOR NATIONAL AND INTERNATIONAL STANDARDS RELATING TO COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES AND SUBMIT SUGGESTIONS TO THE DEPARTMENT FOR THE DEVELOPMENT AND PUBLISHING OF POLICIES, PROCEDURES, AND STANDARDS RELATING TO COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT BY AGENCIES.
(5) THE COMMISSION SHALL IDENTIFY, DEVELOP, AND RECOMMEND TO THE DEPARTMENT, THE JOINT BUDGET COMMITTEE, AND THE JOINT COMPUTER MANAGEMENT COMMITTEE ISSUES RELATED TO COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT TO BE CONSIDERED WHEN DEVELOPING THE BUDGET FOR AGENCIES.
2430.5112. Chief technology officer staff. THE GOVERNOR SHALL APPOINT A CHIEF TECHNOLOGY OFFICER. THE CHIEF TECHNOLOGY OFFICER SHALL BE THE EXECUTIVE OFFICER OF THE COMMISSION AND THE DEPARTMENT, SHALL SERVE AT THE PLEASURE OF THE GOVERNOR, AND SHALL RECEIVE COMPENSATION COMMENSURATE WITH THE DUTIES OF THE OFFICE AS DETERMINED BY THE GOVERNOR. THE DUTIES AND RESPONSIBILITIES OF THE CHIEF TECHNOLOGY OFFICER SHALL BE DISCHARGED IN ACCORDANCE WITH THE POLICIES, PROCEDURES, AND DIRECTIVES OF THE COMMISSION AND THE DEPARTMENT. THE CHIEF TECHNOLOGY OFFICER SHALL EMPLOY SUCH PROFESSIONAL AND CLERICAL PERSONNEL AS DEEMED NECESSARY TO CARRY OUT THE DUTIES AND FUNCTIONS OF THE COMMISSION AND THE DEPARTMENT.
2430.5113. State strategic plan. (1) THE CHIEF TECHNOLOGY OFFICER SHALL PREPARE A STATE STRATEGIC PLAN FOR COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT FOR THE COMMISSION'S REVIEW AND APPROVAL. THE PLAN SHALL:
(a) PROVIDE A STRATEGIC DIRECTION FOR COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT IN STATE GOVERNMENT FOR THE FIVE FISCAL YEARS FOLLOWING ADOPTION OF THE PLAN AND PROVIDE GUIDANCE TO AGENCIES IN THE DEVELOPMENT OF THE AGENCY STRATEGIC PLANS;
(b) SET FORTH THE GOALS AND OBJECTIVES RELATING TO COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT;
(c) PROVIDE LONGRANGE POLICY GUIDELINES FOR COMMUNICATION AND INFORMATION RESOURCES IN STATE GOVERNMENT, INCLUDING THE IMPLEMENTATION OF NATIONAL AND INTERNATIONAL STANDARDS FOR COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES; AND
(d) IDENTIFY MAJOR ISSUES RELATING TO IMPROVED COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT, INCLUDING THE IDENTIFICATION OF NEEDED PROCUREMENT POLICY INITIATIVES TO ENCOURAGE COMPETITION BETWEEN PROVIDERS OF COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES.
(2) IN DEVELOPING THE STATE STRATEGIC PLAN, THE CHIEF TECHNOLOGY OFFICER SHALL ASSESS AND REPORT ON CURRENT PRACTICES OF AGENCIES REGARDING COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT, INCLUDING INTERAGENCY AND INTERBRANCH COMMUNICATION AND INTERAGENCY RESOURCE SHARING. EACH AGENCY SHALL COOPERATE WITH THE CHIEF TECHNOLOGY OFFICER TO ASSESS CURRENT PRACTICES REGARDING COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT. THE CHIEF TECHNOLOGY OFFICER SHALL ALSO ASSESS AND REPORT ON CURRENT AND FUTURE COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT AND PRACTICES AND THEIR POTENTIAL APPLICATION TO STATE GOVERNMENT AND ANY OTHER ISSUE THE DEPARTMENT AND COMMISSION DETERMINE IS RELEVANT TO THE DEVELOPMENT OF THE STATE STRATEGIC PLAN.
(3) BY JULY 1, 2000, THE COMMISSION SHALL REVIEW, APPROVE, AND ADOPT THE STATE STRATEGIC PLAN. THE COMMISSION SHALL SUBMIT THE ADOPTED PLAN TO THE GOVERNOR, THE JOINT COMPUTER MANAGEMENT COMMITTEE, THE JOINT BUDGET COMMITTEE, THE PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OF THE GENERAL ASSEMBLY.
(4) AFTER APPROVAL AND ADOPTION, THE COMMISSION MAY AMEND THE PLAN AT ANY TIME IN RESPONSE TO TECHNOLOGICAL ADVANCEMENTS, CHANGES IN LEGISLATION, PRACTICAL EXPERIENCE, OR NEW ISSUES RELATING TO COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT. THE COMMISSION SHALL ADOPT A REVISED STATE STRATEGIC PLAN NO LATER THAN NOVEMBER 1 OF EACH EVENNUMBERED YEAR FOLLOWING INITIAL ADOPTION OF THE STATE STRATEGIC PLAN AND SHALL SUBMIT THE REVISED PLAN TO THE GOVERNOR, THE JOINT COMPUTER MANAGEMENT COMMITTEE, THE JOINT BUDGET COMMITTEE, THE PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OF THE GENERAL ASSEMBLY.
2430.5114. Annual report. (1) BEGINNING JANUARY 1, 2000, AND NOT LATER THAN FEBRUARY 1 OF EACH SUCCEEDING YEAR, THE DEPARTMENT, WITH THE ASSISTANCE OF THE COMMISSION, SHALL DEVELOP, REVIEW, AND ADOPT AN ANNUAL REPORT ON THE COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT ACTIVITIES OF STATE GOVERNMENT. THE ANNUAL REPORT SHALL BE BASED ON THE ANNUAL REPORTS SUBMITTED BY AGENCIES UNDER SECTION 2430.5115. THE ANNUAL REPORT SHALL:
(a) ASSESS THE PROGRESS MADE TOWARD MEETING THE GOALS AND OBJECTIVES OF THE STATE STRATEGIC PLAN FOR COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT;
(b) DESCRIBE MAJOR ACCOMPLISHMENTS OF THE STATE AND EACH AGENCY=S COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT AND DESCRIBE THE STATUS AND PROGRESS FOR EACH AGENCY PROJECT, INCLUDING PERFORMANCE AGAINST PROJECT OBJECTIVES, DELIVERABLES, DATE MILESTONES, AND EXPENDITURES;
(c) DESCRIBE THE EXISTING MAJOR DATA BASES AND APPLICATIONS IN EACH AGENCY;
(d) DESCRIBE ALL EXISTING INTERAGENCY COMPUTER NETWORKS;
(e) PROVIDE A SUMMARY OF THE TOTAL EXPENDITURES FOR COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES BY EACH AGENCY AND THE STATE;
(f) PROVIDE AN INVENTORY LIST, BY MAJOR CATEGORIES, OF THE STATE=S COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES; AND
(g) IDENTIFY AND MAKE RECOMMENDATIONS REGARDING OPPORTUNITIES FOR MULTIAGENCY COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT ACTIVITIES.
(2) THE DEPARTMENT SHALL SUBMIT THE ADOPTED ANNUAL REPORT TO THE GOVERNOR, THE JOINT COMPUTER MANAGEMENT COMMITTEE, AND THE JOINT BUDGET COMMITTEE.
(3) THE DEPARTMENT MAY MAKE INTERIM REPORTS THAT IT CONSIDERS NECESSARY.
2430.5115. Agency annual reports agency strategic plans. (1) THE DEPARTMENT, WITH THE ASSISTANCE OF THE COMMISSION, SHALL PRESCRIBE THE FORMAT FOR AGENCY ANNUAL REPORTS AND AGENCY STRATEGIC PLANS AND SHALL DEFINE THE MAJOR CATEGORIES OF COMMUNICATION AND INFORMATION RESOURCES THAT EACH AGENCY SHALL INVENTORY.
(2) EACH AGENCY SHALL PREPARE AN ANNUAL REPORT IN THE FORMAT PRESCRIBED BY THE DEPARTMENT. THE REPORT SHALL DESCRIBE THE AGENCY=S MANAGEMENT OF COMMUNICATION AND INFORMATION RESOURCES IN THE PRECEDING FISCAL YEAR. THE AGENCY ANNUAL REPORT SHALL CONTAIN:
(a) AN ASSESSMENT, BY APPLICATION, OF THE PROGRESS MADE TOWARD IMPLEMENTING THE AGENCY=S STRATEGIC PLAN;
(b) A SUMMARY, BY PROJECT, OF THE MAJOR FUNCTIONAL USES OF COMMUNICATION AND INFORMATION RESOURCES BY THE AGENCY;
(c) A SUMMARY, BY PROJECT, OF THE TOTAL ESTIMATED EXPENDITURES FOR COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT AND USE BY THE AGENCY, INCLUDING ALLOCATED ADMINISTRATIVE COSTS, PROJECT OBJECTIVES, DELIVERABLES, AND DATE MILESTONES;
(d) A COMPARISON OF THE AGENCY=S EXPENDITURES FOR COMMUNICATION AND INFORMATION RESOURCES IN THE PRECEDING FISCAL YEAR WITH THE APPROPRIATIONS FOR THOSE RESOURCES IN THE AGENCY=S APPROVED BUDGET FOR THE SAME FISCAL YEAR, WHICH NOTES AND EXPLAINS THE DIFFERENCES BETWEEN THE TWO;
(e) AN INVENTORY BY MAJOR CATEGORY OF THE AGENCY=S COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES THAT SPECIFICALLY IDENTIFIES THE COMMUNICATION AND INFORMATION RESOURCES ACQUIRED DURING THE PRECEDING FISCAL YEAR; AND
(f) AN ASSESSMENT OF THE OPPORTUNITIES THE AGENCY HAD TO PARTICIPATE WITH OTHER AGENCIES IN THE USE AND MANAGEMENT OF COMMUNICATION AND INFORMATION RESOURCES.
(3) EACH AGENCY SHALL PROVIDE ITS ANNUAL REPORT TO THE DEPARTMENT FOR REVIEW AND ANALYSIS NO LATER THAN NOVEMBER 1 OF EACH YEAR, BEGINNING IN 2000. IF AN AGENCY FAILS TO COMPLY WITH THE DUE DATE WITHOUT GOOD CAUSE, THE DEPARTMENT SHALL RECOMMEND TO THE GOVERNOR, THE JOINT BUDGET COMMITTEE, AND THE JOINT COMPUTER MANAGEMENT COMMITTEE THAT ACCESS TO THE AGENCY=S APPROPRIATIONS THAT RELATE TO THE MANAGEMENT OF COMMUNICATION AND INFORMATION RESOURCES BE DENIED. THE GOVERNOR MAY DENY ACCESS TO SUCH APPROPRIATIONS, AFTER CONSULTATION WITH THE JOINT COMPUTER MANAGEMENT COMMITTEE AND THE JOINT BUDGET COMMITTEE, IF THE GOVERNOR DETERMINES THAT THE AGENCY DID NOT HAVE GOOD CAUSE FOR FAILING TO SUBMIT ITS ANNUAL REPORT BY THE DUE DATE. IF ACCESS IS DENIED, THE DENIAL MAY CONTINUE UNTIL THE DEPARTMENT IS SATISFIED WITH THE AGENCY'S COMPLIANCE WITH THIS SUBSECTION (3).
(4) EACH AGENCY SHALL PREPARE AN AGENCY STRATEGIC PLAN FOR COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT. THE AGENCY STRATEGIC PLAN SHALL BE APPROVED AND SIGNED BY THE GOVERNING OFFICER, CHAIR, OR EXECUTIVE DIRECTOR OF THE AGENCY. BEGINNING JANUARY 1, 2002, THE AGENCY SHALL PREPARE THE AGENCY STRATEGIC PLAN IN A FORMAT PRESCRIBED BY THE DEPARTMENT AND SHALL SUBMIT THE AGENCY STRATEGIC PLAN AND THE AGENCY ANNUAL REPORT TO THE DEPARTMENT FOR REVIEW AND APPROVAL NO LATER THAN JANUARY 1 OF EACH EVENNUMBERED YEAR.
(5) THE DEPARTMENT, BY RULE, SHALL ADOPT POLICIES AND PROVIDE INSTRUCTIONS, CONSISTENT WITH SUBSECTION (2) OF THIS SECTION AND WITH THE ASSISTANCE OF THE COMMISSION, THAT GUIDE AGENCIES ON THE PREPARATION OF THEIR AGENCY STRATEGIC PLANS. THE INSTRUCTIONS SHALL INCLUDE THE GENERAL CRITERIA BY WHICH THE DEPARTMENT, WITH THE ASSISTANCE OF THE COMMISSION, SHALL EVALUATE EACH AGENCY'S STRATEGIC PLAN.
(6) EACH AGENCY STRATEGIC PLAN SHALL BE CONSISTENT WITH THE STATE STRATEGIC PLAN AND INCLUDE:
(a) A STATEMENT OF THE AGENCY=S GOALS, MEASURABLE OBJECTIVES, AND CURRENT PROGRAMS AS INCLUDED IN THE AGENCY=S LEGISLATIVE APPROPRIATION REQUEST;
(b) A DESCRIPTION OF THE AGENCY=S MAJOR COMMUNICATION AND DATA BASES AND THEIR APPLICATIONS;
(c) A DESCRIPTION OF THE AGENCY=S CURRENT COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT ORGANIZATION, POLICIES, AND PRACTICES;
(d) A DESCRIPTION OF INTERAGENCY COMPUTER NETWORKS IN WHICH THE AGENCY PARTICIPATES;
(e) A STATEMENT OF THE STRATEGIC OBJECTIVES OF THE AGENCY RELATING TO COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT FOR THE NEXT FIVE FISCAL YEARS, BEGINNING WITH THE FISCAL YEAR DURING WHICH THE PLAN IS SUBMITTED. THE STATEMENT SHALL INCLUDE A DESCRIPTION OF HOW THOSE OBJECTIVES HELP ACHIEVE THE AGENCY=S PROGRAMS AND GOALS AND A DESCRIPTION OF HOW THOSE OBJECTIVES SUPPORT AND FURTHER THE GOALS AND POLICES OF THE STATE STRATEGIC PLAN; AND
(f) OTHER PLANNING COMPONENTS THAT THE DEPARTMENT, WITH THE ASSISTANCE OF THE COMMISSION, MAY PRESCRIBE.
(7) THE DEPARTMENT, WITH THE ASSISTANCE OF THE COMMISSION, SHALL REVIEW AND APPROVE OR DISAPPROVE EACH AGENCY STRATEGIC PLAN NO LATER THAN APRIL 15 OF EACH EVENNUMBERED YEAR, BEGINNING IN 2002. THE DEPARTMENT SHALL NOTIFY AN AGENCY OF PLAN APPROVAL IN WRITING. IF A PLAN IS NOT APPROVED, THE DEPARTMENT SHALL PROVIDE TO THE AGENCY IN WRITING NOTICE OF AND THE REASONS FOR DISAPPROVAL AND ANY CHANGES THAT MAY BE NECESSARY FOR PLAN APPROVAL. THE DEPARTMENT SHALL ALSO PROVIDE THE AGENCY AN OPPORTUNITY TO APPEAR BEFORE THE DEPARTMENT. IF THE AGENCY CANNOT RESOLVE THE PROBLEMS THAT CAUSED DISAPPROVAL OF THE PLAN WITHIN THIRTY DAYS AFTER THE DATE THAT THE NOTICE OF DISAPPROVAL IS RECEIVED, THE AGENCY SHALL PROVIDE THE DEPARTMENT IN WRITING, NOT LATER THAN THE THIRTY DAYS AFTER THE DATE THE NOTICE OF DISAPPROVAL IS RECEIVED, THE REASONS WHY THE PROBLEMS CANNOT BE RESOLVED IN A TIMELY MANNER.
(8) EACH AGENCY SHALL AMEND ITS APPROVED AGENCY STRATEGIC PLAN TO REFLECT ANY SIGNIFICANT CHANGES BEING PROPOSED BY THE AGENCY THAT RELATE TO COMMUNICATION AND INFORMATION RESOURCES. THE AGENCY SHALL SUBMIT PLAN AMENDMENTS TO THE DEPARTMENT FOR APPROVAL WITHIN THIRTY DAYS AFTER THE AGENCY'S DECISION TO AMEND THE APPROVED AGENCY STRATEGIC PLAN. THE DEPARTMENT SHALL NOTIFY AN AGENCY IN WRITING OF APPROVAL OR DISAPPROVAL OF THE AMENDMENT WITHIN THIRTY DAYS AFTER THE DATE THE AMENDMENT IS RECEIVED. IF A PLAN AMENDMENT IS DISAPPROVED, THE DEPARTMENT SHALL PROVIDE THE AGENCY THE REASONS FOR DISAPPROVAL IN WRITING.
(9) THE DEPARTMENT MAY NOT DISAPPROVE AN AGENCY STRATEGIC PLAN OR PLAN AMENDMENT ON THE GROUNDS THAT SOME ASPECT OF THE PLAN IS NOT BEST SUITED TO THE AGENCY=S EXECUTION OF ITS OWN MANDATE, BUT THE DEPARTMENT MAY MAKE A FINDING TO THAT EFFECT AND REPORT THAT FINDING TO THE AGENCY AND THE JOINT COMPUTER MANAGEMENT COMMITTEE. THIS SUBSECTION (9) DOES NOT AFFECT THE POWERS OF THE GOVERNOR, THE JOINT BUDGET COMMITTEE, OR ANY OTHER ENTITY UNDER STATE LAW.
2430.5116. Acquisition specifications. (1) AN AGENCY MAY NOT ACQUIRE COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES UNLESS THE AGENCY FIRST SUBMITS SPECIFICATIONS FOR THE PROPOSED ACQUISITION TO THE DEPARTMENT. IF THE AGENCY DETERMINES THAT THE ACQUISITION MAY BE OBTAINED FROM ONLY ONE SOURCE, THE AGENCY SHALL STATE ITS REASONS FOR THAT DETERMINATION. THE DEPARTMENT AND THE COMMISSION SHALL DETERMINE WHETHER THE SPECIFICATIONS OF THE PROPOSED ACQUISITION ARE CONSISTENT WITH THE AGENCY'S ANNUAL REPORT, THE AGENCY'S STRATEGIC PLAN, AND THE STATE STRATEGIC PLAN.
(2) IF THE DEPARTMENT AND THE COMMISSION FIND THAT THE ACQUISITION OF THE COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES DESCRIBED BY THE SPECIFICATIONS WOULD BE INCONSISTENT WITH THE STATE STRATEGIC PLAN OR THE AGENCY'S STRATEGIC PLAN, THE DEPARTMENT AND THE COMMISSION SHALL NOTIFY THE AGENCY IN WRITING OF THE SPECIFIC REASONS FOR ANY FINDINGS. THE AGENCY MAY NOT ACQUIRE THE COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES UNLESS THE DEPARTMENT AND THE COMMISSION OVERTURN THEIR RESPECTIVE FINDINGS.
(3) IF THE DEPARTMENT AND THE COMMISSION FIND THAT THE PROPOSED ACQUISITION IS CONSISTENT WITH THE STATE STRATEGIC PLAN AND THE AGENCY STRATEGIC PLAN OR THE COMMISSION OR THE DEPARTMENT DO NOT NOTIFY THE AGENCY IN WRITING OF ITS FINDING OF INCONSISTENCY WITHIN THIRTY DAYS AFTER THE DATE THAT THE DEPARTMENT OR THE COMMISSION RECEIVED THE SPECIFICATIONS FOR THE PROPOSED ACQUISITION, THE AGENCY MAY ACQUIRE THE SPECIFIED COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES.
(4) THE DEPARTMENT AND THE COMMISSION, BY RULE, MAY ESTABLISH PROCEDURES TO EXEMPT CERTAIN PROCUREMENTS AND TO EXPEDITE THE REQUIREMENTS OF THIS SECTION FOR CERTAIN PROCUREMENTS. THE EXEMPTED PROCUREMENTS MAY INCLUDE COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES ACQUIRED THROUGH CONTRACTS WITH AND GRANTS BY STATESUPPORTED INSTITUTIONS OF HIGHER EDUCATION FOR INSTRUCTIONAL OR RESEARCH PURPOSES.
2430.5117. Computer services center. (1) AN AGENCY THAT USES THE DEPARTMENT'S COMPUTER SERVICES OR THE GENERAL GOVERNMENT COMPUTER CENTER SHALL DO SO UNDER CONTRACT WITH THE DEPARTMENT.
(2) SERVICES PROVIDED UNDER THIS SECTION MAY INCLUDE:
(a) AUTOMATION FEASIBILITY STUDIES;
(b) SYSTEMS ANALYSIS AND DESIGN;
(c) PROGRAM DEVELOPMENT AND MAINTENANCE;
(d) COMPUTER OPERATION;
(e) REMOTE DEVICE INSTALLATION AND SERVICE;
(f) MANAGEMENT OF DATA PROCESSING AND SERVICE;
(g) CONSULTING SERVICES;
(h) TRAINING;
(i) TECHNOLOGY EVALUATION;
(j) INSTALLATION AND MAINTENANCE OF INTERAGENCY NETWORKS;
(k) OPERATION OF A DISASTER RECOVERY SITE; AND
(l) OTHER RELATED SERVICES.
(3) AN AGENCY MAY CONTRACT WITH PERSONS OR ENTITIES OUTSIDE OF STATE GOVERNMENT IN ORDER TO OBTAIN A SERVICE LISTED IN SUBSECTION (2) OF THIS SECTION IF THAT LOWERS THE ACTUAL COST TO THE STATE AS REFLECTED IN A REDUCED AGENCY BUDGET AND IF THE CONTRACT COMPLIES WITH THIS ARTICLE.
2430.5118. Fees communication and information resources management fund. (1) THE DEPARTMENT, BY RULE, SHALL DEVELOP A BILLING RATE PLAN THAT MAKES THE PROVISION OF SERVICES UNDER SECTION 2430.5117 SELFSUPPORTING. ALL FEES COLLECTED SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT FUND, WHICH FUND IS HEREBY CREATED. THE MONEYS IN THE FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATIONS BY THE GENERAL ASSEMBLY FOR THE DIRECT AND INDIRECT COSTS OF THE ADMINISTRATION OF THIS ARTICLE, INCLUDING:
(a) THE PURCHASE, LEASE, OR ACQUISITIONS OF SERVICES, SUPPLIES, SOFTWARE PRODUCTS, AND EQUIPMENT NECESSARY FOR CARRYING OUT THE DEPARTMENT'S AND COMMISSION'S DUTIES RELATING TO SERVICES PROVIDED TO AGENCIES FOR WHICH THE DEPARTMENT AND COMMISSION RECEIVE PAYMENT FROM AGENCIES UNDER THIS ARTICLE; AND
(b) THE SALARIES, WAGES, AND OTHER COSTS DIRECTLY ATTRIBUTABLE TO THE SERVICES PROVIDED TO AGENCIES FOR WHICH THE DEPARTMENT AND THE COMMISSION RECEIVE PAYMENT FROM THOSE AGENCIES UNDER THIS ARTICLE.
(2) THE DEPARTMENT SHALL ESTABLISH SEPARATE SERVICE CENTERS FOR DIFFERENT FUNCTIONS OR GROUPS OF FUNCTIONS. THE BILLING RATE PLAN SHALL SHOW THE PROPOSED RATES FOR THE USE OF EACH SERVICE CENTER AND APPLY THE SAME RATE STRUCTURE TO ALL AGENCIES USING A GIVEN SERVICE CENTER.
(3) THE DEPARTMENT SHALL ESTABLISH AN ADVISORY COMMITTEE FOR CUSTOMER OVERSIGHT TO DETERMINE THE COMPONENTS OF THE RATE STRUCTURE. THE COMMITTEE SHALL BE COMPOSED OF CHOSEN REPRESENTATIVES OF AGENCIES THAT USE THE DEPARTMENT'S COMPUTER SERVICES, AND MEMBERS SHALL SERVE AT THE PLEASURE OF THE DEPARTMENT. THE ADVISORY COMMITTEE SHALL REVIEW AND COMMENT ON THE BILLING RATE PLAN AT LEAST ONCE EACH FISCAL YEAR.
2430.5119. Laws not affected. THIS ARTICLE SHALL NOT AFFECT LAWS, RULES, OR COURT DECISIONS RELATING TO THE CONFIDENTIALITY OR PRIVILEGED STATUS OF CATEGORIES OF INFORMATION OR COMMUNICATIONS.
PART 2
DIVISION OF TELECOMMUNICATIONS
2430.5201. [Formerly 2430901] Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) Telecommunications equipment, networks, and methods are being extensively used by the state of Colorado as a necessary and economical means of meeting the administrative responsibilities of its many departments, institutions, and agencies;
(b) Rapid advances in telecommunications technology have broadened potential use of telecommunications networks and hardware beyond the traditional application of radio and telephone systems to the extent of providing substantial benefits to the administration of state government;
(c) It is expected that uses of telecommunications will be expanded as the need for rapid transfer of information increases and as changing technology and regulatory issues multiply actual and potential uses. New administrative applications of telecommunications will be developed to enable the state to better serve the public, and, in the future, telecommunications will play an increasingly important role in state government.
(d) To most effectively utilize resources committed to telecommunications and to assure the best service at a reasonable cost while preserving the managerial prerogatives and responsibilities assigned to department and agency heads by statute, it is necessary to establish and maintain central planning, control, and coordination of telecommunications activities.
2430.5202. [Formerly 2430902] Powers,
duties, and functions concerning telecommunications.
(1) The executive director
of the department of personnel CHIEF
TECHNOLOGY OFFICER SHALL BE THE HEAD OF THE DIVISION OF TELECOMMUNICATIONS
AND shall appoint assistants, clerical staff, and other personnel
as may be necessary to discharge the duties and responsibilities
set forth by this part 9
PART 2.
(2) The powers, duties, and functions
concerning telecommunications, specified in this part
9 PART 2, shall be administered as
if transferred by a type 2 transfer as such transfer is
defined in the "Administrative Organization Act of 1968",
article 1 of this title, to the department of
personnel.
2430.5203. [Formerly 2430903] Duties
and responsibilities. (1) The
executive director of the department
of personnel CHIEF TECHNOLOGY OFFICER
shall perform the following functions:
(a) In consultation with state departments, institutions, and agencies, formulate recommendations for a current and longrange telecommunications plan, involving telephone, radio, microwave, facsimile closed circuit and cable television, teleconferencing, public broadcast, data communications transmission circuits, fibre optics, satellites, and cellular radio and their integration into applicable telecommunications networks, for approval of the governor;
(b) Administer the approved current and longrange plan for telecommunications and exercise general supervision over all telecommunications networks, systems, and microwave facilities, subject to the exception stated in subsection (2) of this section;
(c) Review all existing and future telecommunications
applications, planning, networks, systems, programs, equipment,
and facilities and establish priorities for those that are necessary
and desirable to accomplish the purposes of this part
9 PART 2;
(d) Approve or disapprove the acquisition of telecommunications equipment and necessary licenses by any state department, institution, or agency;
(e) Establish telecommunications procedures, standards, and records for management of telecommunications networks and facilities for all state departments, institutions, and agencies;
(f) Continually review, assess, and insure compliance with federal and state telecommunications regulations pertaining to the needs and functions of state departments, institutions, and agencies;
(g) Advise the governor and general assembly on telecommunications matters; and
(h) Cooperate with and assist nonprofit regional broadcasting corporations, as appropriate and if resources are available, in the development of regional noncommercial television and radio networks and local facilities, including acting as the agency by which the state participates in any such regional broadcasting corporation.
(2) Notwithstanding the functions enumerated
in paragraph (b) of subsection (1) of this section, the responsibility
for the operation and conduct of the law enforcement radio systems
specifically provided for the division of the Colorado state patrol
which
THAT are performed by radio dispatchers and telephone operators
shall be vested in the chief of the Colorado state patrol.
(3) The executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER may enter into contracts with any county,
city and county, state agency, private schools, school district,
board of cooperative educational services, or library and may
act as a telecommunications network provider between or among
two or more counties or state agencies for the purpose of providing
teleconferencing facilities and services between or among such
entities, including the judicial system of any county, the department
of corrections, and the department of human services and any of
their facilities. To assure the availability of such network
throughout the various state agencies, private schools, school
districts, boards of cooperative educational services, libraries,
and counties, the executive director
of the department of personnel CHIEF
TECHNOLOGY OFFICER shall develop a uniform set of standards for
facilities to be utilized by the contracting entities.
(4) The executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER may enter into contracts with the board
of directors of the Colorado compensation insurance authority
to provide information and administrative support services other
than personnel for carrying out the functions authorized in article
45 of title 8, C.R.S.
(5) Repealed.
2430.5204. [Formerly 2430905] Transfer of personnel and property. On July 1, 1983, the necessary personnel required for the operation and conduct of the law enforcement radio system, as approved by the governor, shall be transferred to the division of the Colorado state patrol. Such personnel shall retain all rights accrued under law for leave, annual or otherwise, and retirement benefits, and their service shall be deemed to have been continuous.
2430.5205. [Formerly 2430906] Legislative
department exemption. The provisions
of this part 9
PART 2 shall not apply to the legislative department of the state.
2430.5206 [Formerly 2430907] Higher
education exemption. Local
and internal telecommunications networks of institutions of higher
education may be exempted from the provisions of this part
9 PART 2 upon application to the
executive director of the department
of personnel CHIEF TECHNOLOGY OFFICER;
except that all systems must be certified by the executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER as being technically compatible with
plans and networks as described in section 2430903
(1) 2430.5203 (1).
2430.5207. [Formerly 2430908] Telecommunications
revolving fund service charges pricing policy. (1) Users
of the department of personnel
DEPARTMENT'S telephone and data communication services shall be
charged the full cost of the particular service, which shall include
the cost of all material, labor, and overhead. Said user charges
shall be transmitted to the state treasurer, who shall credit
the same to the telecommunications revolving fund, which fund
is hereby created. The moneys in such fund are subject to annual
appropriations by the general assembly to the department of
personnel for use in acquiring such
materials, supplies, labor, and overhead as are required for telephone
and data communications related service functions. Said revolving
fund shall be limited to telephone service and data communications
and shall not include public safety or radio systems.
(2) The executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER shall establish a policy of remaining
competitive with private industry with regard to the cost, timeliness,
and quality of the telephone service or data communication functions
provided by the department. of personnel.
Agencies interested in purchasing services from the private sector
shall work with the department of
personnel to develop bid specifications,
which shall identify all services, requirements, and costs. All
bids shall be consistent with the state's longterm telecommunication
objectives.
(3) Repealed.
PART 3
GENERAL GOVERNMENT COMPUTER CENTER (GGCC)
2430.5301. [Formerly 24301601] Legislative
declaration. The general assembly
hereby finds, determines, and declares that there are numerous
state departments, agencies, and institutions that require data
processing services and that the state would benefit from the
economies of scale found in a largescale computer center.
As a means of realizing those economies while providing essential
support services to the citizens of this state, the general assembly
deems necessary the authorization and establishment of a general
government computer center (GGCC) to provide necessary automated
data processing services to those governmental entities described
in this part 16
PART 3.
2430.5302. [Formerly 24301602] General
government computer center (GGCC). (1) There
is hereby created the general government computer center, referred
to in this part 16
PART 3 as "GGCC". The executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER SHALL BE THE HEAD OF THE GGCC AND shall
appoint, pursuant to section 13 of article XII of the state constitution,
such personnel as may be necessary for the efficient operation
of the GGCC.
(2) The GGCC and its powers, duties, and
functions, specified by this part 16, shall be administered as
if transferred to the department of
personnel by a type 2 transfer,
as such transfer is defined by the "Administrative Organization
Act of 1968", article 1 of this title.
2430.5303. [Formerly 24301603] Functions of the GGCC. (1) The GGCC shall perform the following functions:
(a) To provide computer, data entry, and systems development and programming services to those state departments, institutions, and agencies in the executive branch that have been so designated by the commission on information management, after consulting with the affected entity, and to provide these same services to the legislative and judicial branches when so requested; except that services shall not be provided to any such entity unless such entity has funds available therefor;
(b) To establish and maintain automated data processing facilities at GGCC, including but not limited to the operation of automated data processing equipment and facilities and the employment of necessary personnel;
(c) To prepare and submit such reports
as are required by this part 16
PART 3 or which the governor or general assembly may request;
(d) To advise the commission on information management on the capacity and utilization of the computer system in GGCC in an annual report on or before December 1 of each year, commencing with the calendar year 1987.
(2) The GGCC may enter into contracts with the board of directors of the Colorado compensation insurance authority to provide information and administrative support services other than personnel for carrying out the functions authorized in article 45 of title 8, C.R.S.
2430.5304. [Formerly 24301604] Powers
of the chief technology officer penalty for breach of confidentiality.
(1) In order to perform the functions and duties of
the GGCC as set forth in this part
16 PART 3, the executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER shall exercise the following powers:
(a) To prescribe procedures governing the operation of the GGCC automated data processing equipment and software and the physical plant;
(b) To adopt such rules and regulations
as may be necessary to carry out the purposes and provisions of
this part 16
PART 3;
(c) To contract for such services and equipment as the GGCC may require;
(d) To negotiate service level agreements with customers;
(e) To produce such reports as may be necessary;
(f) To control the GGCC revolving fund
pursuant to section 24301606
2430.5305.
(2) (a) Except in accordance with
judicial order or as otherwise provided by law, neither the executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER nor any GGCC employee shall divulge or
make known in any way information disclosed in any restricted
or protected document, program, or data set located at or in the
custody of the GGCC.
(b) Any person who violates the provisions of paragraph (a) of this subsection (2) commits a class 1 misdemeanor and shall be punished as provided in section 181106, C.R.S. In addition, such person shall be subject to removal or dismissal from state employment on grounds of malfeasance in office.
2430.5305. [Formerly 24301606] GGCC
revolving fund service charges pricing.
(1) Users of GGCC services shall be charged the full
cost of the particular service, which shall include the cost of
all material, labor, equipment, software, services, and overhead.
Two months prior to the November 1 submission date as required
by section 2437304, the executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER shall establish, publish, and distribute
billing rates to user entities and other interested entities effective
for the following fiscal year. The billing rates shall not be
increased during the fiscal year. User charges shall be paid only
out of items of appropriation made specifically for the purchase
of services from either the GGCC or from an alternative support
source approved by the commission. on
information management. Agencies
interested in purchasing services from the private sector shall
work with the commission on information
management to develop bid specifications,
which shall identify all services, requirements, and costs. All
bids shall be consistent with the state's longterm data
processing objectives. The bid process shall be completed so as
to coincide with the GGCC rate publication date.
(2) User charges collected under this
part 16
PART 3 shall be transmitted to the state treasurer, who shall
credit the same to the general government computer center revolving
fund, which fund is hereby created. The moneys in such fund are
subject to annual appropriations by the general assembly to the
department of personnel
for the purpose of acquiring such materials, supplies, labor,
equipment, software, services, and overhead as are required by
the GGCC to supply the services purchased by users.
(3) The executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER shall establish a policy of remaining
competitive with the service provided by private industry with
regard to the cost, timeliness, and quality of that service provided
by the GGCC. Agencies are encouraged to seek competitive bids
from the private sector pursuant to subsection (1) of this section.
If the GGCC cannot meet the needs of any agency in any one of
the said areas, the agency may seek services elsewhere pursuant
to part 17
PART 1 of this article.
PART 4
STATE ARCHIVES AND PUBLIC RECORDS
2430.5401. [Formerly 2480101]
Definitions. As used in this
part 1
PART 4, unless the context otherwise requires:
(1) "Records" means all books,
papers, maps, photographs, or other documentary materials, regardless
of physical form or characteristics, made or received by any governmental
agency in pursuance of law or in connection with the transaction
of public business and preserved or appropriate for preservation
by the agency or its legitimate successor as evidence of the organization,
functions, policies, decisions, procedures, operations, or other
activities of the government or because of the value of the official
governmental data contained therein. As used in this part
1 PART 4, the following are excluded
from the definition of records:
(a) Materials preserved or appropriate for preservation because of the value of the data contained therein other than that of an official governmental nature or because of the historical value of the materials themselves;
(b) Library books, pamphlets, newspapers, or museum material made, acquired, or preserved for reference, historical, or exhibition purposes;
(c) Private papers, manuscripts, letters, diaries, pictures, biographies, books, and maps, including materials and collections previously owned by persons other than the state or any political subdivision thereof and transferred by them to the state historical society;
(d) Extra copies of publications or duplicated documents preserved for convenience of reference;
(e) Stocks of publications;
(f) Electronic mail messages, regardless of whether such messages are produced or stored using stateowned equipment or software, unless the recipient has previously segregated and stored such messages as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the government or because of the value of the official governmental data contained therein.
2430.5402. [Formerly 2480102]
State archives and public records personnel duties
cash fund. (1) The
department of personnel
shall succeed to all records of the state of Colorado or any political
subdivision thereof, as the same are defined in section 2480101
2430.5401. Except as provided in subsections (5),
(6), and (7) of this section, the department of
personnel shall be the official custodian
and trustee for the state of all public records of whatever kind
that are transferred to it under this part
1 PART 4 from any public office of
the state or any political subdivision thereof.
(2) The chief administrative officer over
state archives and public records shall be the executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER.
(3) The executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER shall be responsible for the proper administration
of public records under this part
1 PART 4. It is the executive
director's CHIEF TECHNOLOGY OFFICER'S
duty to determine and direct the administrative and technical
procedures concerning state archives and public records. The
executive director
CHIEF TECHNOLOGY OFFICER shall study the problems of preservation
and disposition of records, as defined in section 2480101
2430.5401, and, based on such study, shall formulate
and put into effect, to the extent authorized by law, within the
department of personnel
or otherwise, such program as the executive
director CHIEF TECHNOLOGY OFFICER
deems advisable or necessary for public records conservation by
the state of Colorado or political subdivisions thereof.
(4) To effectuate the purposes of this
part 1
PART 4, the governor may direct any department, division, board,
bureau, commission, institution, or agency of the state, or any
political subdivision thereof, to designate a records liaison
officer to cooperate with and assist and advise the executive
director CHIEF TECHNOLOGY OFFICER
in the performance of the duties and functions concerning state
archives and public records and to provide such other assistance
and data as will enable the department of
personnel to properly carry out its
activities and effectuate the purposes of this part
1 PART 4.
(5) Items in the present care, custody,
and trusteeship of the executive director
of the department of personnel which
CHIEF TECHNOLOGY OFFICER THAT are not records, as defined by section
2480101
2430.5401, because of their historical, library, or
museum interest or value, shall be retained by the state historical
society, and items which
THAT are not records which are in the future proposed for disposition
under the provisions of this part
1 PART 4, but determined to be of
historical, library, or museum interest or value, shall be transferred
to the state historical society with its consent in accordance
with the provisions set forth in section 2480104
2430.5405.
(6) The state historical society, qualified
students, and scholars approved by the society or the state archivist
and other appropriate persons shall have the right of reasonable
access to all records in the custody of the executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER for purposes of historical reference,
research, and information, and the state historical society shall
have the privilege of museum display of original historical records
or facsimiles thereof, subject to the provisions of section 2480106
2430.5407. Copies of records, as defined in section
2480101
2430.5401, having historical, library, or museum interest
or value shall be furnished to the state historical society by
the state archivist upon request of the society in accordance
with the provisions of sections 2480103
and 2480107 2430.5404
AND 2430.5408.
(7) In the event of disagreement between
the state historical society and the department of
personnel as to the custody of any
records, as defined in section 2480101
2430.5401, the governor, with the advice of the attorney
general, shall make a final and conclusive determination and order
and direct custody accordingly.
(8) Repealed.
(9) (8) Publications
of the department concerning state archives and public records
circulated in quantity outside the executive branch shall be issued
in accordance with the provisions of section 241136.
(10) (9) The
executive director
CHIEF TECHNOLOGY OFFICER shall establish by rule and regulation
such fees as are necessary to pay for the direct and indirect
costs of responding to requests for information from nonstate
agencies, including requests which are processed through other
state agencies. All fees collected shall be transmitted to the
state treasurer, who shall credit the same to the state archives
and public records cash fund, which fund is hereby created. The
moneys in the fund shall be subject to annual appropriation by
the general assembly for the direct and indirect costs of responding
to requests for information from nonstate agencies, including
requests which are processed through other state agencies. All
interest derived from the deposit and investment of moneys in
the fund shall be credited to the general fund. In no event shall
the executive director
CHIEF TECHNOLOGY OFFICER charge any fee to any public entity to
produce information which the public entity is required by law
to file with the state archives.
(11) (10) The
powers, duties, and functions concerning state archives and public
records shall be administered as if transferred by a type 2
transfer to the department. of personnel.
2430.5403. [Formerly 2480102.5] Custody
of state property. The department
of personnel
shall have the charge, care, and custody of the property of the
state when no other provision is made.
2430.5404. [Formerly 2480103] Determination
of value disposition. Every
public officer who has public records in his or her custody shall
consult periodically with the department of
personnel and the attorney general
of the state, and such three officers shall determine whether
the records in question are of legal, administrative, or historical
value. Those records unanimously determined to be of no legal,
administrative, or historical value shall be disposed of by such
method as such three officers may specify. A list of all records
so disposed of, together with a statement certifying compliance
with this part 1
PART 4, signed by these three officers, shall be filed and preserved
in the office from which the records were drawn and in the files
of the department. of personnel.
Public records in the custody of the executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER may be disposed of upon a similar determination
by the attorney general, the executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER, and the head of the agency from which
the records were received, or its legal successor.
2430.5405. [Formerly 2480104] Transfer
of records to archives. Those
records deemed by the public officer having custody thereof to
be unnecessary for the transaction of the business of his or her
office and yet deemed by the attorney general or the executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER to be of legal, administrative, or historical
value may be transferred, with the consent of the executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER, to the custody of the department. of
personnel. A list of all records
so transferred, together with a statement certifying compliance
with this part 1
PART 4, signed by such three officers, shall be preserved in the
files of the office from which the records were drawn and in the
files of the department. of personnel.
2430.5406. [Formerly 2480105] Disposal
of records. All public records
of any public office, upon the termination of the existence and
functions of that office, shall be checked by the executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER and the attorney general and either disposed
of or transferred to the custody of the department, of
personnel, in accordance with the
procedure of this part 1
PART 4 and the findings of such two officers. When a public office
is terminated or reduced by the transfer of its powers and duties
to another office or to other offices, its appropriate public
records shall pass with the powers and duties so transferred.
2420.5407. [Formerly 2480106] Protection
of records. The department
of personnel
and every other custodian of public records shall carefully protect
and preserve them from deterioration, mutilation, loss, or destruction
and, whenever advisable, shall cause them to be properly repaired
and renovated. All paper, ink, and other materials used in public
offices for the purpose of permanent records shall be of durable
quality.
2430.5408. [Formerly 2480107] Reproduction on film evidence. (1) Any public officer of the state or any county, city, municipality, district, or legal subdivision thereof may cause any or all records, papers, or documents kept by him OR HER to be photographed, microphotographed, or reproduced on film. Such photographic film shall comply with the minimum standards of quality approved for permanent photographic records by the national bureau of standards, and the device used to reproduce such records on such film shall be one which accurately reproduces the original thereof in all details. Such photographs, microphotographs, or photographic film shall be deemed to be original records for all purposes, including introduction in evidence in all courts or administrative agencies. A transcript, exemplification, or certified copy thereof, for all purposes recited in this section, shall be deemed to be a transcript, exemplification, or certified copy of the original.
(2) Whenever such photographs, microphotographs,
or reproductions on film properly certified are placed in conveniently
accessible files and provisions made for preserving, examining,
and using the same, any such public officer may cause the original
records from which the photographs or microphotographs have been
made, or any part thereof, to be disposed of according to methods
prescribed by sections 2480103
to 2480106 2430.5404
TO 2430.5407. Such copies shall be certified by their
custodian as true copies of the originals before the originals
are destroyed or lost, and the copies so certified shall have
the same force and effect as the originals. Copies of public
records transferred from the office of their origin to the department
of personnel
COMMUNICATION AND INFORMATION RESOURCES, when certified by the
executive director of the department
of personnel or the assistant to the executive director
CHIEF TECHNOLOGY OFFICER, shall have the same legal force and
effect as if certified by the original custodian of the records.
2430.5409. [Formerly 2480108] Access
to public records. The executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER, in person or through a deputy, shall
have the right of reasonable access to all nonconfidential public
records in the state, or any public office of the state of Colorado,
or any county, city, municipality, district, or political subdivision
thereof because of the historical and research value of data contained
therein, with a view to securing their safety and determining
their need for preservation or disposal.
2430.5410. [Formerly 2480109] Records
may be replevined. On behalf
of the state and the department, of
personnel, the attorney general may
replevin any public records which were formerly part of the records
or files of any public office of the territory or state of Colorado.
2430.5411. [Formerly 2480110] Disagreement
as to value of records. In
the event the attorney general and the executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER determine that any records in the custody
of a public officer, including the executive
director of the department of personnel
CHIEF TECHNOLOGY OFFICER, but not those in the custody of a public
officer of any county, city, municipality, district, or political
subdivision thereof, are of no legal, administrative, or, subject
to section 2480211 (1) (b), historical value, but
the public officer having custody of said records or from whose
office records originated fails to agree with such determination
or refuses to dispose of said records, the attorney general and
the executive director of the department
of personnel CHIEF TECHNOLOGY OFFICER
may request the governor to make his or her determination as to
whether said records should be disposed of in the interests of
conservation of space, economy, or safety.
2430.5412. [Formerly 2480112] Noneffect
of sections. Sections 2480101,
2480102, 2430.5401,
2430.5402, and 2480211 shall in no way
affect sections 2480104
to 2480110 2430.5405
TO 2430.5411.
PART 5
JOINT COMPUTER MANAGEMENT COMMITTEE
2430.5501. Joint computer management committee. (1) THERE IS HEREBY ESTABLISHED A JOINT COMMITTEE OF THE SENATE AND HOUSE OF REPRESENTATIVES OFFICIALLY KNOWN AS THE JOINT COMPUTER MANAGEMENT COMMITTEE, REFERRED TO IN THIS PART 5 AS THE "COMMITTEE". THE COMMITTEE SHALL REVIEW THE OPERATIONS OF THE DEPARTMENT, THE CHIEF TECHNOLOGY OFFICER, AND THE COMMISSION AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE JOINT BUDGET COMMITTEE CONCERNING APPROPRIATIONS AND CHANGES TO SUCH OPERATIONS. THE ITEMS THE COMMITTEE MAY ADDRESS INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:
(a) THE DUTIES OF THE DEPARTMENT, THE CHIEF TECHNOLOGY OFFICER, AND THE COMMISSION;
(b) THE BUDGET PROCESS OF THE DEPARTMENT, THE CHIEF TECHNOLOGY OFFICER, AND THE COMMISSION;
(c) THE ACQUISITION OF PROPERTY AND EQUIPMENT;
(d) THE STATE STRATEGIC PLAN PREPARED IN ACCORDANCE WITH SECTION 2430.5112;
(e) THE AUTHORITIES AND RESPONSIBILITIES RELATING TO THE DEPARTMENT, THE CHIEF TECHNOLOGY OFFICER, AND THE COMMISSION;
(f) THE ANNUAL REPORT PREPARED IN ACCORDANCE WITH SECTION 2430.5113;
(g) ANY AGENCY ANNUAL REPORT PREPARED AND APPROVED IN ACCORDANCE WITH SECTION 2430.5114.
(2) THE COMMITTEE SHALL CONSIST OF FIVE MEMBERS FROM THE HOUSE OF REPRESENTATIVES AND FOUR MEMBERS FROM THE SENATE. MEMBERS OF THE COMMITTEE SHALL BE CHOSEN IN EACH HOUSE IN THE SAME MANNER AS MEMBERS OF OTHER STANDING COMMITTEES ARE CHOSEN.
(3) THE COMMITTEE SHALL MAKE FINDINGS AND RECOMMENDATIONS REGARDING THE ITEMS REVIEWED UNDER THIS SECTION, INCLUDING, BUT NOT LIMITED TO, ANY NECESSARY LEGISLATION. BEGINNING IN THE YEAR 2001, THE COMMITTEE SHALL SUBMIT A WRITTEN REPORT ON ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE JOINT BUDGET COMMITTEE ON OR BEFORE NOVEMBER 15 OF EACH YEAR. LEGISLATION RECOMMENDED BY THE COMMITTEE SHALL BE TREATED AS LEGISLATION RECOMMENDED BY ANY OTHER LEGISLATIVE COMMITTEE FOR PURPOSES OF ANY INTRODUCTION DEADLINES OR BILL LIMITATIONS IMPOSED BY THE JOINT RULES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE GENERAL ASSEMBLY.
(4) THE COMMITTEE SHALL MEET AT LEAST THREE TIMES PER YEAR TO FULFILL ITS RESPONSIBILITIES UNDER THIS SECTION, INCLUDING MEETING AS NECESSARY WITH REPRESENTATIVES OF THE DEPARTMENT, THE CHIEF TECHNOLOGY OFFICER, AND THE COMMISSION TO PROVIDE OPPORTUNITIES FOR THE PRESENTATION OF TESTIMONY BY ANY INTERESTED INDIVIDUALS.
(5) MEMBERS OF THE COMMITTEE SHALL BE REIMBURSED FOR NECESSARY EXPENSES IN CONNECTION WITH THE PERFORMANCE OF THEIR DUTIES AND SHALL BE PAID THE SAME PER DIEM AS OTHER MEMBERS OF LEGISLATIVE COMMITTEES IN ATTENDANCE AT MEETINGS.
(6) THE LEGISLATIVE COUNCIL STAFF SHALL BE MADE AVAILABLE TO ASSIST THE COMMITTEE IN CARRYING OUT ITS DUTIES UNDER THIS SECTION. ALL PERSONNEL OF THE DEPARTMENT, THE CHIEF TECHNOLOGY OFFICER, AND THE COMMISSION SHALL COOPERATE WITH THE COMMITTEE AND WITH ANY PERSONS ASSISTING THE COMMITTEE IN CARRYING OUT ITS DUTIES UNDER THIS SECTION.
SECTION 20 2434104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
2434104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (36) THE FOLLOWING AGENCIES, FUNCTIONS, OR BOTH SHALL TERMINATE ON JULY 1, 2005: THE COMMISSION ON INFORMATION MANAGEMENT, CREATED BY SECTION 2430.5105.
SECTION 30 24301804, Colorado Revised Statutes, is amended to read:
24301804. Institutions of higher education statewide telecommunications network. All institutions of higher education in this state which utilize telecommunications programs or operations shall cooperate in the establishment of a statewide telecommunications network. The Colorado commission on higher education, TOGETHER WITH THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES, shall facilitate the establishment of the statewide telecommunications network and, in the event that such a network is not established by July 1, 1992, the commission shall promulgate rules and regulations requiring such a network.
SECTION 40 241110 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
241110. Principal departments. (1) In accordance with the provisions of section 22 of article IV of the state constitution, all executive and administrative offices, agencies, and instrumentalities of the executive department of the state government and their respective functions, powers, and duties, except as otherwise provided by law, are allocated among and within the following principal departments created by this article:
(y) DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES.
SECTION 50 Repeal. 241128 (7) (b), (7) (c), (7) (e), and (7) (m), Colorado Revised Statutes, are repealed as follows:
241128. Department of personnel creation. (7) The department of personnel shall include the following administrative support services:
(b) The powers,
duties, and functions concerning state archives and public records,
specified in part 1 of article 80 of this title, shall be administered
as if transferred by a type 2 transfer to the department
of personnel.
(c) The powers,
duties, and functions of the general government computer center,
specified in this article and in part 16 of article 30 of this
title concerning the center, shall be administered as if transferred
by a type 2 transfer to the department of personnel. The
powers, duties, and functions concerning the operation of automated
data processing equipment, including the data entry, systems development
and programming, and computer functions thereof, are transferred
by a type 2 transfer to the general government computer
center.
(e) The powers,
duties, and functions concerning telecommunications, specified
in part 9 of article 30 of this title, shall be administered as
if transferred by type 2 transfer to the department of
personnel.
(m) The commission
on information management. Such commission, created by section
24301701, and its powers, duties, and functions are
transferred by a type 1 transfer to the department of personnel.
SECTION 60 Article 1 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
241130.5. Department of communication and information resources creation. (1) THERE IS HEREBY CREATED THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES. THE DEPARTMENT SHALL EXERCISE ITS POWERS AND PERFORM ITS DUTIES AND FUNCTIONS AS SPECIFIED BY PART 1 OF ARTICLE 30.5 OF THIS TITLE.
(2) THE COMMISSION ON INFORMATION MANAGEMENT, CREATED BY PART 1 OF ARTICLE 30.5 OF THIS TITLE, AND ITS POWERS, DUTIES, AND FUNCTIONS ARE TRANSFERRED BY A TYPE 2 TRANSFER TO THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES.
(3) THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES SHALL INCLUDE THE FOLLOWING:
(a) THE DIVISION OF TELECOMMUNICATIONS, THE HEAD OF WHICH SHALL BE THE CHIEF TECHNOLOGY OFFICER. THE DIVISION OF TELECOMMUNICATIONS AND THE CHIEF TECHNOLOGY OFFICER, CREATED BY PART 2 OF ARTICLE 30.5 OF THIS TITLE, AND THEIR POWERS, DUTIES, AND FUNCTIONS ARE TRANSFERRED BY A TYPE 2 TRANSFER TO THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES AS A DIVISION THEREOF.
(b) THE GENERAL GOVERNMENT COMPUTER CENTER, THE HEAD OF WHICH SHALL BE THE CHIEF TECHNOLOGY OFFICER. THE GENERAL GOVERNMENT COMPUTER CENTER AND THE CHIEF TECHNOLOGY OFFICER, CREATED BY PART 3 OF ARTICLE 30.5 OF THIS TITLE, AND THEIR POWERS, DUTIES, AND FUNCTIONS ARE TRANSFERRED BY A TYPE 2 TRANSFER TO THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES. THE POWERS, DUTIES, AND FUNCTIONS CONCERNING THE OPERATION OF AUTOMATED DATA PROCESSING EQUIPMENT, INCLUDING THE DATA ENTRY, SYSTEMS DEVELOPMENT AND PROGRAMMING, AND COMPUTER FUNCTIONS THEREOF, ARE TRANSFERRED BY A TYPE 2 TRANSFER TO THE GENERAL GOVERNMENT COMPUTER CENTER.
(c) THE DIVISION OF STATE ARCHIVES AND PUBLIC RECORDS, THE HEAD OF WHICH SHALL BE THE CHIEF TECHNOLOGY OFFICER. THE DIVISION OF STATE ARCHIVES AND PUBLIC RECORDS AND THE CHIEF TECHNOLOGY OFFICER, CREATED BY PART 4 OF ARTICLE 30.5 OF THIS TITLE, AND THEIR POWERS, DUTIES, AND FUNCTIONS ARE TRANSFERRED BY A TYPE 2 TRANSFER TO THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES AS A DIVISION THEREOF.
(4) ON AND AFTER JULY 1, 1999, THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES SHALL EXECUTE, ADMINISTER, PERFORM, AND ENFORCE THE RIGHTS, POWERS, DUTIES, FUNCTIONS, AND OBLIGATIONS VESTED PRIOR TO JULY 1, 1999, IN THE COMMISSION ON INFORMATION MANAGEMENT, THE DIVISION OF TELECOMMUNICATIONS, THE GENERAL GOVERNMENT COMPUTER CENTER, AND THE DIVISION OF STATE ARCHIVES AND PUBLIC RECORDS.
(5) (a) ON AND AFTER JULY 1, 1999, ALL EMPLOYEES OF THE DEPARTMENT OF PERSONNEL IN ANY CLASS OF POSITIONS ASSIGNED A PAY GRADE OF 94 OR BELOW WHOSE DUTIES AND FUNCTIONS ARE TRANSFERRED TO THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES PURSUANT TO THIS SECTION AND ARTICLE 30.5 OF THIS TITLE AND WHO THE CHIEF TECHNOLOGY OFFICER DETERMINES TO BE NECESSARY TO CARRY OUT THE PURPOSES OF THESE PROVISIONS SHALL BE TRANSFERRED TO THE DEPARTMENT OF COMMUNICATIONS AND INFORMATION RESOURCES AND SHALL BECOME EMPLOYEES THEREIN. ANY EMPLOYEE OF THE DEPARTMENT OF PERSONNEL IN A CLASS OF POSITIONS ASSIGNED A PAY GRADE OF 95 OR ABOVE WHOSE DUTIES AND FUNCTIONS ARE SO TRANSFERRED MAY BE TRANSFERRED TO THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES UPON THE APPROVAL OF THE CHIEF TECHNOLOGY OFFICER FOLLOWING CONSULTATION WITH THE COMMISSION ON INFORMATION MANAGEMENT IF SUCH EMPLOYEES HAVE A COMMUNICATION, INFORMATION RESOURCES, AND TECHNOLOGIES BACKGROUND. THE CHIEF TECHNOLOGY OFFICER SHALL APPOINT SUCH EMPLOYEES AS ARE NECESSARY TO CARRY OUT THE DUTIES AND EXERCISE THE POWERS CONFERRED BY LAW UPON THE DEPARTMENT AND THE COMMISSION ON INFORMATION MANAGEMENT.
(b) SUBJECT TO PARAGRAPH (a) OF THIS SUBSECTION (5), ON AND AFTER JULY 1, 1999, ALL EMPLOYEES OF THE DEPARTMENT OF PERSONNEL WHOSE DUTIES AND FUNCTIONS CONCERNED THE POWERS, DUTIES, AND FUNCTIONS TRANSFERRED TO THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES PURSUANT TO THIS SECTION AND ARTICLE 30.5 OF THIS TITLE, REGARDLESS OF WHETHER THE POSITION OF EMPLOYMENT IN WHICH THE EMPLOYEE SERVED WAS TRANSFERRED, SHALL BE CONSIDERED EMPLOYEES OF THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES FOR PURPOSES OF SECTION 2450124. SUCH EMPLOYEES SHALL RETAIN ALL RIGHTS UNDER THE STATE PERSONNEL SYSTEM AND TO RETIREMENT BENEFITS PURSUANT TO THE LAWS OF THIS STATE, AND THEIR SERVICES SHALL BE DEEMED CONTINUOUS.
(6) ON AND AFTER JULY 1, 1999, ALL ITEMS OF PROPERTY, REAL AND PERSONAL, INCLUDING OFFICE FURNITURE AND FIXTURES, BOOKS, DOCUMENTS, AND RECORDS OF THE DEPARTMENT OF PERSONNEL PERTAINING TO THE DUTIES AND FUNCTIONS TRANSFERRED TO THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES ARE TRANSFERRED TO THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES AND SHALL BECOME THE PROPERTY THEREOF.
(7) ON AND AFTER JULY 1, 1999, WHENEVER THE DEPARTMENT OF PERSONNEL IS REFERRED TO OR DESIGNATED BY ANY CONTRACT OR OTHER DOCUMENT IN CONNECTION WITH THE DUTIES AND FUNCTIONS TRANSFERRED TO THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES, SUCH REFERENCE OR DESIGNATION SHALL BE DEEMED TO APPLY TO THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES. ALL CONTRACTS ENTERED INTO BY THE DEPARTMENT OF PERSONNEL PRIOR TO JULY 1, 1999, IN CONNECTION WITH THE DUTIES AND FUNCTIONS TRANSFERRED TO THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES ARE HEREBY VALIDATED, WITH THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES SUCCEEDING TO ALL RIGHTS AND OBLIGATIONS UNDER SUCH CONTRACTS. ANY CASH FUNDS, CUSTODIAL FUNDS, TRUSTS, GRANTS, AND ANY APPROPRIATIONS OF FUNDS FROM PRIOR FISCAL YEARS OPEN TO SATISFY OBLIGATIONS INCURRED UNDER SUCH CONTRACTS SHALL BE TRANSFERRED TO THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES FOR THE PAYMENT OF SUCH OBLIGATIONS.
(8) ALL RULES, REGULATIONS, AND ORDERS OF THE DEPARTMENT OF PERSONNEL ADOPTED PRIOR TO JULY 1, 1999, IN CONNECTION WITH THE POWERS, DUTIES, AND FUNCTIONS TRANSFERRED TO THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES, SHALL CONTINUE TO BE EFFECTIVE UNTIL REVISED, AMENDED, REPEALED, OR NULLIFIED PURSUANT TO LAW.
(9) EACH EMPLOYEE CHOSEN BY THE CHIEF TECHNOLOGY OFFICER SHALL BE ASSIGNED A DEPARTMENT OF STATE GOVERNMENT AND BECOME THE TECHNICAL SPECIALIST FOR THAT DEPARTMENT IN ANY REQUESTS FOR SYSTEM IMPROVEMENTS THAT THE DEPARTMENT MAY REQUEST. THE EMPLOYEE SHALL BECOME THE LIAISON BETWEEN THE DEPARTMENT OF STATE GOVERNMENT ASSIGNED AND THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES. THIS RELATIONSHIP IS INTENDED TO CAUSE DISCUSSION OF AGENCY PROJECTS AMONG STATE GOVERNMENT PERSONNEL AND COOPERATION AND JOINT USAGE OF COMMUNICATION AND INFORMATION SYSTEMS WHEREVER APPROPRIATE. THE DEPARTMENT SHALL MONITOR NATIONAL AND INTERNATIONAL STANDARDS RELATING TO COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES AND SUBMIT SUGGESTIONS FOR DEVELOPMENT AND PUBLISH POLICIES, PROCEDURES, AND STANDARDS RELATING TO COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT BY AGENCIES TO THE AGENCIES, AS DEFINED IN SECTION 2430.5103 (1).
(10) THE DEPARTMENT SHALL PROVIDE AND COORDINATE A COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT TRAINING PROGRAM FOR THE DEPARTMENTS OF STATE GOVERNMENT.
(11) THE DEPARTMENT SHALL PROVIDE TECHNICAL AND MANAGERIAL ASSISTANCE RELATING TO COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT AT THE REQUEST OF AN AGENCY, AS DEFINED IN SECTION 2430.5103 (1).
(12) THE DEPARTMENT SHALL IDENTIFY, DEVELOP, AND RECOMMEND TO THE GOVERNOR ISSUES RELATED TO COMMUNICATION AND INFORMATION RESOURCES MANAGEMENT TO BE CONSIDERED WHEN DEVELOPING THE BUDGET FOR AGENCIES, AS DEFINED IN SECTION 2430.5103 (1).
(13) AT THE REQUEST OF AN AGENCY, AS DEFINED IN SECTION 2430.5103 (1), THE DEPARTMENT SHALL ASSIST THE AGENCY IN THE PREPARATION OF COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES PROJECTS TO BE SUBMITTED AS PART OF THE AGENCY'S BUDGET REQUEST AND SHALL MAKE RECOMMENDATIONS OF ANY PROPOSED PROJECTS. THE RECOMMENDATIONS UNDER THIS SUBSECTION (14) APPLY TO THE PROJECT AND NOT TO A SPECIFIC PROCUREMENT OR SET OF SPECIFICATIONS.
(14) THE DEPARTMENT SHALL ESTABLISH A COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGY EVALUATION CENTER FOR USE BY THE COMMISSION AND THE AGENCIES, AS DEFINED IN SECTION 2430.5103 (1).
(15) THE DEPARTMENT SHALL PROVIDE FOR ALL INTERAGENCY USE OF COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES BY AGENCIES, AS DEFINED IN SECTION 2430.5103 (1). THE DEPARTMENT MAY PROVIDE FOR INTERAGENCY USE OF COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES EITHER DIRECTLY OR BY CERTIFYING ANOTHER AGENCY TO PROVIDE SPECIFIES USES OF COMMUNICATION AND INFORMATION RESOURCES TECHNOLOGIES TO OTHER AGENCIES.
(16) THE DEPARTMENT SHALL WORK WITH THE COMMISSION ON INFORMATION MANAGEMENT TO DEVELOP THE STATE STRATEGIC PLAN. THE DEPARTMENT OF COMMUNICATION AND INFORMATION RESOURCES SHALL PROVIDE OFFICE SPACE, EQUIPMENT, AND STAFF SERVICES TO THE COMMISSION AS NECESSARY FOR THE COMMISSION TO CARRY OUT ITS POWERS AND DUTIES AS SET FORTH IN ARTICLE 30.5 OF THIS TITLE.
SECTION 70 1620.5102 (2.3), Colorado Revised Statutes, is amended to read:
1620.5102. Definitions. As used in this article, unless the context otherwise requires:
(2.3) "Commission" means the
commission on information management created by section 24301701
2430.5109, C.R.S.
SECTION 80 191311 (2) (b), Colorado Revised Statutes, is amended to read:
191311. Centralized integrated
data base system for children and families strategic business
plan technology plan children's information management
committee report. (2) (b) The
strategic planning team shall seek the recommendations of the
children's information management committee concerning the strategic
business plan no later than October 1, 1997. Based upon such
recommendations, the strategic planning team shall develop a technology
plan for the implementation of the strategic business plan. The
strategic planning team shall submit the technology plan to the
commission on information management, created in section 24301701
2430.5105, C.R.S., no later than December 1, 1997.
The commission, as part of its duties set forth in section 24301702
2430.5107, C.R.S., shall submit a final technology
plan to the children's information management committee, no later
than February 1, 1998, for the committee's development of a legislative
proposal to implement the strategic business plan.
SECTION 9. Repeal. 241128 (7) (m), Colorado Revised Statutes, is repealed as follows:
241128. Department of personnel creation. (7) The department of personnel shall include the following administrative support services:
(m) The commission
on information management. Such commission, created by section
24301701, and its powers, duties, and functions are
transferred by a type 1 transfer to the department of personnel.
SECTION 10. 24301105 (1) (h) (III), Colorado Revised Statutes, is amended to read:
24301105. Powers of the executive director penalties. (1) In order to perform the duties and functions set forth in this part 11, the executive director of the department of personnel shall, in relation to departments, institutions, and agencies of the executive branch:
(h) In performance of such microfilm services as may be requested by the custodians of the types of documents referred to in this paragraph (h):
(III) Assist custodians of documents upon
which microfilm services have been performed in the lawful disposition
of such documents pursuant to section 2480103
2430.5404;
SECTION 11. 2480211 (1) (b), Colorado Revised Statutes, is amended to read:
2480211. Society and division. (1) The state historical society shall continue as an educational institution of the state, considered as a division of the department of higher education for the purpose of determining the order of its appropriation; except that:
(b) The executive director of the department
of personnel shall consult with the state historical society with
respect to the proposed destruction under part 1 of this article
of any documentary, library, or museum materials, whether or not
defined in section 2480101
2430.5401 as records, and shall not consent to the
destruction of any such materials determined by the state historical
society to be of historical value; and
SECTION 12. 24101402, Colorado Revised Statutes, is amended to read:
24101402. Retention of
procurement records. All procurement
records shall be retained and disposed of in accordance with records
retention guidelines and schedules, as provided in section 2480103
2430.5404.
SECTION 13. 3011107 (1) (x), Colorado Revised Statutes, is amended to read:
3011107. Powers of the board. (1) The board of county commissioners of each county has power at any meeting:
(x) To enter into a contract with the
state telecommunications director
CHIEF TECHNOLOGY OFFICER pursuant to the provisions of section
2430903 (3) SECTION 2430.5203
(3), C.R.S., for the providing of teleconferencing facilities
and services between the county and any other county, city and
county, or state agency to be used for teleconferencing of hearings
relating to any person in the custody of the county;
SECTION 14. 3011208, Colorado Revised Statutes, is amended to read:
3011208. Contract
teleconferencing facilities and services. The
city and county of Denver may enter into a contract with the state
telecommunications director CHIEF
TECHNOLOGY OFFICER pursuant to the provisions of section
2430903 (3) SECTION 2430.5203
(3), C.R.S., for the providing of teleconferencing facilities
and services between the city and county of Denver and any other
county or state agency to be used for teleconferencing of hearings
relating to any person in the custody of the city and county of
Denver.
SECTION 15. Repeal of provisions being relocated in this act. Parts 9, 16, and 17 of article 30 and part 1 of article 80 of title 24, Colorado Revised Statutes, are repealed.
SECTION 16. Effective date. This act shall take effect July 1, 1999.
SECTION 17. 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.