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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.