(1) As used in this section, board includes any board, commission, committee, task force, or other similar body created in the state constitution or state statute.
(2) Unless a section of the state constitution or a statute creating a board provides otherwise:
(a) Any vacancy in an appointed office on a board arising for any reason other than the expiration of the member's term shall be filled by the appointing authority who made the initial appointment for the remainder of the unexpired term. An appointment to fill a vacancy is subject to the same qualifications and conditions as set forth in statute or in the state constitution for the vacant position. The staff of a state agency that provides staff support to the board, or, if no agency provides staff support to the board, the chair of the board, shall notify the appointing authority for the vacant position of the vacancy by email within thirty days of the vacancy occurring.
(b) Notwithstanding the term length set forth in statute or the state constitution, an appointed member continues to serve until the member's successor is duly appointed.
(c) When the director or executive director of an executive agency, a division of an executive agency, or an office within an executive agency is an ex officio member of a board, the director or executive director may designate another person within the executive agency to fulfill the director or executive director's duties on the board.
(d) When a constitutional or statutory provision that creates or concerns activities of a board includes a requirement that applies to a minimum majority of the membership of a board, minimum majority means the lowest number of members that is more than half of all board members.
(e) A member of a board may participate remotely in board meetings if allowed by the board's policies or bylaws, including for the purposes of establishing a quorum of the board. Remote participation by a member at a board meeting must be recorded in the meeting minutes.
(f) For the purposes of any term limit that applies to the members of a board, a partial term counts toward the term limit only if the partial term was more than half the length of a standard term for a member of that board.
Source: L. 2022: Entire section added, (SB 22-013), ch. 2, p. 3, � 2, effective February 25.
24-1-136. Information Coordination Act - policy - functions of the heads of principal departments. (1) This section shall be known and may be cited as the Information Coordination Act. The legislative policy with reference to the coordination of information is hereby declared to be that:
(a) The operational reports of the executive agencies should provide complete, concise, and useful information about executive operations to the governor and the general assembly;
(b) The publications of executive agencies should be clearly related to agency functions and cost no more than is necessary to accomplish the purpose for which the material is published;
(c) Executive agencies should recover the full cost of those publications not necessary to the agency's function but issued for the convenience of the users;
(d) Publication activities of executive agencies should be responsive to the direction of the governor; and
(e) Operational reports and publications of executive agencies should continue to be produced as long as they are useful, but the need for them should be reviewed periodically to ensure that public resources are not misdirected toward the fulfillment of outmoded directives.
(2) There is assigned to the heads of the principal departments the function of coordination and control of operational and administrative information within the executive branch.
(3) The heads of the principal departments shall jointly have the following responsibilities of coordination and control:
(a) Development and direction of a system for the collection, coordination, control, and distribution of state operational and administrative reports and information;
(b) (I) Preparation for the governor of annual reports by the principal departments, accounting to the general assembly for the operations of all agencies in the executive branch, which shall include the results of any actions in furtherance of measurable annual objectives in the areas of operational efficiency and effectiveness set forth in the budget request of each department pursuant to section 24-37-304 (1)(a); and
(II) Publication of such reports subject to the approval of the governor;
(c) Preparation of operational and administrative reports and bringing to the attention of the governor special problems of agencies as disclosed through the reporting system;
(d) Repealed.
(e) Delivery to the custody of the state librarian of four copies of all state publications pursuant to section 24-90-204; and
(f) Effecting economies in the publication of operational and administrative information consistent with the purpose of the publication and without interference to the discharge of the agency's statutory responsibilities.
(4) The governor or the general assembly may at any time require that the heads of the principal departments collect and from time to time publish certain regular or special reports, in whole or in part.
(5) The provisions of this section shall not apply to reports and publications of the legislative and judicial branches of state government nor to the publications of executive agencies in connection with research they perform under contract.
(6) Nothing in this section shall be construed to change or supersede the present authority and responsibility of the executive director of the department of personnel to act as official custodian and trustee of permanent public documents and to respond to all reasonable requests for reference, research, and information and to provide facsimiles thereof concerning the contents of original agency reports.
(7) The authority of the heads of the principal departments over the issuance of publications as prescribed in this section shall in no way be construed as being in contravention of those administrative procedure laws which elsewhere either grant powers to executive agencies to promulgate and issue agency rules and regulations or define legal notice and publication with reference to such rules and regulations.
(8) Nothing in this section shall be construed to empower anyone to restrict or inhibit the free flow of news or the release of public information, or to establish censorship or control over news or information of actions by public employees or public bodies, or to restrict public access to public records; nor shall any part of this section be construed as restricting, amending, superseding, or contravening any existing law, order, or requirement relating to any required or permitted official or public notice or legal advertisement.
(9) Whenever any report is required or allowed to be made to the general assembly, including any report required to be made to any committee of the general assembly or legislative staff, the reporting entity shall file one electronic copy of the report with the joint legislative library, and four hard copies with the state librarian for the state publications depository and distribution center. Such filing is sufficient to comply with the direction or authority to make such report. The electronic filing shall be by means of a portable document format and shall include a hyperlink to the website where the report is located, if the report is directly accessible via the internet. If the reporting entity cannot provide an electronic copy of the report to the joint legislative library, then the reporting entity shall deliver six hard copies to the joint legislative library. The joint legislative library is responsible for delivering an electronic or hard copy of the report to the legislators, legislative committees, or legislative staff, as applicable, who are to receive the report. A legislator may request from the joint legislative library delivery of a hard copy of any report.
(10) An agency or department not having an appropriation for producing publications to be sold to the public shall obtain the approval of the controller prior to making any disbursements for said publications. The request for approval shall include the proposed procedures for control of the proceeds of sales.
(11) (a) (I) Effective July 1, 1996, whenever any report is required to be made to the general assembly by an executive agency or the judicial branch on a periodic basis, the requirement for such report shall expire on the day after the third anniversary of the date on which the first such report is due unless the general assembly, acting by bill, continues the requirement.
(II) Repealed.
(b) Among the matters to be considered by the sunrise and sunset review committee, created by joint rule of the senate and house of representatives, during each interim shall be an inventory and review of all existing requirements for reports by executive agencies or the judicial branch to the general assembly that are due to expire on or before July 1 of the following year pursuant to paragraph (a) of this subsection (11); except that, if House Bill 96-1159 is enacted at the second regular session of the sixtieth general assembly and becomes law or if, for any other reason, the sunrise and sunset review committee ceases to exist, such inventory and review shall be conducted by the several committees of reference as directed by the president of the senate and the speaker of the house of representatives, or otherwise as follows:
(I) The agriculture, livestock, and natural resources committee in the house of representatives and the agriculture, natural resources, and energy committee in the senate, or any successor committees, shall consider reporting requirements contained in titles 33 to 37, C.R.S.;
(II) The appropriations committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in articles 75 to 114 of this title;
(III) The business affairs and labor committee in the house of representatives and the business, labor, and technology committee in the senate, or any successor committees, shall consider reporting requirements contained in titles 4 to 12 and 40, C.R.S.;
(IV) The education committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 22 and 23, C.R.S.;
(V) The finance committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 38 and 39, C.R.S.;
(VI) The health and human services committees in the house of representatives and the senate, or any successor committees, shall consider reporting requirements contained in titles 25 to 27, C.R.S.;
(VII) The judiciary committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 13 to 21, C.R.S.;
(VIII) The local government committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 30 to 32, C.R.S.;
(IX) The state, veterans, and military affairs committees, or any successor committees, in the house of representatives and the senate shall consider reporting requirements contained in titles 1 to 3, C.R.S., titles 28 and 29, C.R.S., and this title with the exception of articles 75 to 114 and, in addition, any reporting requirement not otherwise assigned to a committee of reference under this paragraph (b); and
(X) The transportation and energy committee in the house of representatives and the transportation committee in the senate, or any successor committees, shall consider reporting requirements contained in titles 41 to 43, C.R.S.
Source: L. 83: Entire section added, p. 823, � 1, effective July 1. L. 96: (3)(d) and (6) amended, p. 1515, � 45, effective June 1; (1)(e) and (11) added, p. 1214, �� 2, 3, effective August 7. L. 97: (3)(b) amended, p. 331, � 2, effective April 16; (11)(a)(II)(A) repealed, p. 1472, � 1, effective June 3. L. 98: (11)(a)(II)(B) repealed, p. 733, � 24, effective May 18. L. 2000: (11)(a)(II) amended, p. 1512, � 1, effective August 2; (11)(a)(II)(C) repealed, p. 1547, � 9, effective August 2. L. 2001: (11)(a)(II)(D) and (11)(a)(II)(E) repealed, p. 1169, � 1, effective August 8; (11)(a)(II)(D) and (11)(a)(II)(E) repealed, p. 1175, � 1, effective August 8. L. 2002: (11)(a)(II)(F) repealed, p. 874, � 16, effective August 7. L. 2007: (11)(b) amended, p. 2032, � 47, effective June 1. L. 2008: (9) amended, p. 1268, � 4, effective August 5. L. 2012: (9) amended, (SB 12-152), ch. 115, p. 395, � 1, effective August 8. L. 2017: (11)(a)(II) repealed, (SB 17-294), ch. 264, p. 1400, � 66, effective May 25. L. 2023: (3)(d) repealed, (HB 23-1056), ch. 369, p. 2220, � 3, effective August 7.
Editor's note: House Bill 96-1159, referenced in subsection (11)(b), was enacted and became law, effective May 23, 1996.
Cross references: (1) For the provisions concerning the inspection, copying, or photographing of public records, see part 2 of article 72 of this title.
(2) For the legislative declaration contained in the 1996 act enacting subsections (1)(e) and (11), see section 1 of chapter 237, Session Laws of Colorado 1996.
24-1-136.5. Long-range planning for capital construction, controlled maintenance, capital renewal - policy - heads of principal departments. (1) The executive director of each department, after consultation with the directors of the subordinate agencies, divisions, or offices within the department, has the authority to prescribe uniform policies, procedures, and standards of space utilization in department facilities, except for office space, for the development and approval of capital construction, controlled maintenance, and capital renewal projects for the department. Nothing in this subsection (1) should be construed to alter the authority of the office of the state architect to prescribe uniform standards for office space pursuant to section 24-30-1303 (1)(h).
(2) The executive director shall review facilities master planning and facilities program planning for all capital construction, controlled maintenance, and capital renewal projects on department real property, regardless of the source of funds and shall submit for approval all such facilities master plans and facilities program plans to the office of the state architect for approval as specified in section 24-30-1311. No capital construction, controlled maintenance, or capital renewal shall commence except in accordance with an approved facilities master plan, facilities program plan, and physical plan.
(3) The executive director shall ensure conformity of facilities master planning with approved department operational master plans, facilities program plans with approved facilities master plans, and physical plans with approved facilities program plans.
(4) Plans for any capital construction, controlled maintenance, or capital renewal project for the department are subject to the approval of the executive director, regardless of the source of funds. The executive director may exempt any project which requires less than five hundred thousand dollars of state moneys from the requirements for master planning and program planning.
(5) The executive director shall annually request from the director of each subordinate agency, division, or office within the department a five-year projection of any capital construction, controlled maintenance, and capital renewal projects. The projection must include the estimated cost, the method of funding, a schedule for project completion, and the director's priority for each project. The executive director shall determine whether a proposed project is consistent with operational master planning and facilities master planning of the department and conforms to space utilization standards established pursuant to subsection (1) of this section and section 24-30-1303 (1)(h).
(6) (a) The executive director shall annually establish a department five-year capital construction, controlled maintenance, and capital renewal plan coordinated with department operational master plans and facilities master plans and forward the five-year plan to the office of the state architect for review as required in section 24-30-1311.
(b) The executive director shall transmit to the office of the state architect, consistent with the executive budget timetable, a recommended priority of funding of capital construction, controlled maintenance, and capital renewal projects for the department.
(c) Except as provided in subsection (4) of this section, it is the policy of the general assembly to appropriate funds only for projects approved by the office of the state architect.
(7) Any acquisition or utilization of real property by a department that is conditional upon or requires expenditures of state funds or federal funds is subject to the approval of the executive director and the office of the state architect, regardless of whether the acquisition is by lease, financed purchase of an asset, certificate of participation, purchase, gift, or otherwise.
(8) Prior to approving the facilities master plan and facilities program plan for any capital construction, controlled maintenance, or capital renewal project to be constructed, operated, and maintained solely from fees, gifts and bequests, grants, revolving funds, or a combination of such sources, the executive director shall request and consider recommendations from the office of the state architect.
(9) This section does not apply to the department of higher education, nor should it be construed to alter the duties of the Colorado commission on higher education set forth in section 23-1-106, C.R.S.
(10) As used in this section, unless the context otherwise requires:
(a) Capital construction has the same meaning as set forth in section 24-30-1301 (2).
(b) Capital renewal has the same meaning as set forth in section 24-30-1301 (3).
(c) Controlled maintenance has the same meaning as set forth in section 24-30-1301 (4), including the limitations specified in section 24-30-1303.9.
(d) Facility has the same meaning as set forth in section 24-30-1301 (8).
(e) Real property has the same meaning as set forth in section 24-30-1301 (15).
Source: L. 94: Entire section added, p. 561, � 2, effective April 6. L. 95: (1) amended, p. 639, � 28, effective July 1. L. 2007: (4) amended, p. 868, � 1, effective May 14. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1836, � 36, effective June 6. L. 2015: (1), (2), (6), (7), and (8) amended, (SB 15-270), ch. 296, p. 1217, � 16, effective June 5. L. 2021: (7) amended, (HB 21-1316), ch. 325, p. 2024, � 30, effective July 1.
Cross references: For the legislative declaration contained in the 1995 act amending subsection (1), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
24-1-137. Effect of decrease in length of terms of office for certain state boards, commissions, authorities, and agencies. (Repealed)
Source: L. 87: Entire section added, p. 901, � 1, effective June 15. L. 90: Entire section amended, p. 1152, � 3, effective March 13. L. 91: Entire section amended, p. 890, � 17, effective June 5. L. 2000: Entire section amended, p. 1296, � 18, effective May 26. L. 2001: Entire section amended, p. 479, � 10, effective July 1. L. 2003: Entire section amended, p. 793, � 18, effective July 1. L. 2005: Entire section amended, p. 671, � 12, effective June 1. L. 2006: Entire section amended, p. 1658, � 3, effective July 1. L. 2010: Entire section amended, (SB 10-158), ch. 231, p. 1014, � 3, effective July 1. L. 2011: Entire section amended, (HB 11-1060), ch. 31, p. 88, � 2, effective August 10. L. 2022: Entire section repealed, (SB 22-013), ch. 2, p. 94, � 133, effective February 25.