CO Code § 24-37.5-104 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 37.5 - Office of Information Technology|Part 1 - Office Created|§ 24-37.5-104. Transfer of Functions - Change of Name - Continuity of Existence - Legislative Declaration - Rules

  The office shall, on and after July 1, 1999, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested in the commission on information management as a commission in the department of personnel prior to said date concerning the duties and functions transferred to the office pursuant to this section.      On and after July 1, 1999, the officers and employees of the commission on information management prior to said date whose duties and functions concerned the duties and functions transferred to the office pursuant to this section and whose employment in the office is deemed necessary by the chief technology officer to carry out the purposes of this article shall be transferred to the office and become employees thereof. (2) (a) On and after July 1, 1999, the officers and employees of the commission on information management prior to said date whose duties and functions concerned the duties and functions transferred to the office pursuant to this section and whose employment in the office is deemed necessary by the chief technology officer to carry out the purposes of this article shall be transferred to the office and become employees thereof.    Any such employees who are classified employees in the state personnel system shall retain all rights to the personnel system and retirement benefits pursuant to the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and regulations.       On July 1, 1999, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the commission on information management prior to said date pertaining to the duties and functions transferred to the office pursuant to this section, are transferred to the office and become the property thereof.    Whenever the commission on information management is referred to or designated by a contract or other document in connection with the duties and functions transferred to the office pursuant to this article, such reference or designation shall be deemed to apply to the office created pursuant to this section. All contracts entered into by the commission on information management prior to July 1, 1999, in connection with the duties and functions transferred to the office pursuant to this section are hereby validated, with the office created by section 24-37.5-103 succeeding to all the rights and obligations of such contracts. Any appropriations of funds from prior fiscal years open to satisfy obligations incurred pursuant to such contracts are hereby transferred and appropriated to the office created by section 24-37.5-103 for the payment of such obligations.      The general assembly hereby finds and declares that: (5) (a) The general assembly hereby finds and declares that:   Upon creation of this article, the name "office of innovation and technology" best reflected the activities of such office in the governor's office in connection with the coordination and direction of the use of communication and information resources technologies by state agencies.    To better reflect the current activities of this office, the office should be referred to as the "office of information technology".    The name of the office in the governor's office that coordinates and directs the use of communication and information resources technologies by state agencies should accordingly be changed from the "office of innovation and technology" to the "office of information technology".       On and after July 1, 2006, the office of information technology shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested in the office of innovation and technology prior to July 1, 2006, and all employees of the office of innovation and technology shall be transferred to the office of information technology and shall become employees thereof. Such employees shall retain all rights to the state personnel system and retirement benefits under the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and rules.    On July 1, 2006, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the office of innovation and technology are transferred to the office of information technology and shall become the property thereof.    Whenever the office of innovation and technology is referred to or designated by any contract or other document, such reference or designation shall be deemed to apply to the office of information technology. All contracts entered into by the office of innovation and technology prior to July 1, 2006, are hereby validated, with the office of information technology succeeding to all the rights and obligations of such contracts. Any appropriations of funds from prior fiscal years open to satisfy obligations incurred under such contracts are hereby transferred and appropriated to the office of information technology for the payment of such obligations.    On and after July 1, 2006, when any provision of the Colorado Revised Statutes refers to the office of innovation and technology, said law shall be construed as referring to the office of information technology. The revisor of statutes is authorized to change all references in the Colorado Revised Statutes to the office of innovation and technology to refer to the office of information technology.         The office shall, on and after July 1, 2008, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested prior to July 1, 2008, in the general government computer center within the department of personnel, in telecommunications coordination within the department of personnel, and in the office of the chief information security officer in the office of the governor. (6) (a) The office shall, on and after July 1, 2008, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested prior to July 1, 2008, in the general government computer center within the department of personnel, in telecommunications coordination within the department of personnel, and in the office of the chief information security officer in the office of the governor.      On and after July 1, 2008, all positions of employment in the general government computer center within the department of personnel, in telecommunications coordination within the department of personnel, and in the office of the chief information security officer in the office of the governor concerning the powers, duties, and functions transferred to the office pursuant to this subsection (6) and whose employment in the office is deemed necessary to carry out the purposes of this article by the chief information officer shall be transferred to the office and shall become employment positions therein. The chief information officer shall appoint such employees as are necessary to carry out the duties and exercise the powers conferred by law upon the office and the chief information officer. (b) (I) On and after July 1, 2008, all positions of employment in the general government computer center within the department of personnel, in telecommunications coordination within the department of personnel, and in the office of the chief information security officer in the office of the governor concerning the powers, duties, and functions transferred to the office pursuant to this subsection (6) and whose employment in the office is deemed necessary to carry out the purposes of this article by the chief information officer shall be transferred to the office and shall become employment positions therein. The chief information officer shall appoint such employees as are necessary to carry out the duties and exercise the powers conferred by law upon the office and the chief information officer.    On and after July 1, 2008, all employees of the general government computer center within the department of personnel, in telecommunications coordination within the department of personnel, and in the office of the chief information security officer in the office of the governor whose duties and functions concerned the powers, duties, and functions transferred to the office pursuant to this subsection (6), regardless of whether the position of employment in which the employee served was transferred, shall be considered employees of the office for purposes of section 24-50-124. Any such employees who are classified employees in the state personnel system shall retain all rights to the personnel system and retirement benefits pursuant to the laws of the state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and rules.       On July 1, 2008, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the general government computer center within the department of personnel, in telecommunications coordination within the department of personnel, and in the office of the chief information security officer in the office of the governor pertaining to the duties and functions transferred to the office pursuant to this subsection (6), are transferred to the office and shall become the property thereof.    On and after July 1, 2008, whenever the general government computer center within the department of personnel, whenever telecommunications coordination within the department of personnel, and whenever the office of the chief information security officer in the office of the governor is referred to or designated by a contract or other document in connection with the duties and functions transferred to the office pursuant to this subsection (6), such reference or designation shall be deemed to apply to the office created pursuant to this article. All contracts entered into by the general government computer center within the department of personnel, by telecommunications coordination within the department of personnel, and by the office of the chief information security officer in the office of the governor prior to July 1, 2008, in connection with the duties and functions transferred to the office pursuant to this subsection (6), are hereby validated, with the office succeeding to all rights and obligations of the contracts. Any appropriations of moneys from prior fiscal years open to satisfy obligations incurred pursuant to the contracts are hereby transferred and appropriated to the office for the payment of such obligations.    On and after July 1, 2008, unless otherwise specified, whenever any provision of law refers to the department of personnel in connection with the general government computer center, to telecommunications coordination, or to the office of the governor in connection with the office of the chief information security officer, the law shall be construed as referring to the office.    All rules and orders of the department of personnel or the office of the governor in connection with the powers, duties, and functions transferred to the office shall continue to be effective until revised, amended, repealed, or nullified pursuant to law. On and after July 1, 2008, the chief information officer shall adopt rules necessary for the administration of such powers, duties, and functions.    The revisor of statutes is hereby authorized to change all references in the Colorado Revised Statutes to the department of personnel and office of the governor as appropriate and with respect to the powers, duties, and functions transferred to the office. In connection with such authority, the revisor of statutes is hereby authorized to amend or delete provisions of the Colorado Revised Statutes so as to make the statutes consistent with the powers, duties, and functions transferred pursuant to this section.         There is hereby created in the office the enterprise facility for operational recovery, readiness, response, and transition services. (7) (a) There is hereby created in the office the enterprise facility for operational recovery, readiness, response, and transition services.    On July 1, 2010, the enterprise facility for operational recovery, readiness, response, and transition services within the department of state, in coordination with participating state agencies, is transferred to the office.      On and after July 1, 2010, all positions of employment in the enterprise facility as it existed within the department of state concerning the powers, duties, and functions transferred to the office pursuant to this subsection (7) that are deemed necessary to carry out the purposes of this article by the chief information officer shall be transferred to the office and shall become employment positions therein. The chief information officer shall appoint such employees as are necessary to carry out the duties and exercise the powers conferred by law upon the office and the chief information officer. (c) (I) On and after July 1, 2010, all positions of employment in the enterprise facility as it existed within the department of state concerning the powers, duties, and functions transferred to the office pursuant to this subsection (7) that are deemed necessary to carry out the purposes of this article by the chief information officer shall be transferred to the office and shall become employment positions therein. The chief information officer shall appoint such employees as are necessary to carry out the duties and exercise the powers conferred by law upon the office and the chief information officer.    On and after July 1, 2010, all employees of the enterprise facility as it existed within the department of state whose duties and functions concerned the powers, duties, and functions transferred to the office pursuant to this subsection (7) shall be considered employees of the office for purposes of section 24-50-124, regardless of whether the position of employment in which the employee served was transferred to the office. Any such employees who are classified employees in the state personnel system shall retain all rights to the personnel system and retirement benefits pursuant to the laws of the state, and their service shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and rules.       On July 1, 2010, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the enterprise facility as it existed within the department of state pertaining to the duties and functions transferred to the office pursuant to this subsection (7) are transferred to the office and shall become the property thereof.    On and after July 1, 2010, whenever the enterprise facility for operational recovery, readiness, response, and transition services within the department of state, in coordination with participating state agencies, is referred to or designated by a contract or other document in connection with the duties and functions transferred to the office pursuant to this subsection (7), such reference or designation shall be deemed to apply to the office created pursuant to this article. All contracts entered into by the enterprise facility as it existed within the department of state prior to July 1, 2010, in connection with the duties and functions transferred to the office pursuant to this subsection (7) are hereby validated, with the office succeeding to all rights and obligations of the contracts. Any appropriations of moneys from prior fiscal years open to satisfy obligations incurred pursuant to the contracts are hereby transferred and appropriated to the office for the payment of such obligations.    On and after July 1, 2010, unless otherwise specified, whenever any provision of law refers to the department of state in connection with the enterprise facility, the law shall be construed as referring to the office.    All rules and orders of the department of state or the office of the governor in connection with the powers, duties, and functions transferred to the office pursuant to this subsection (7) shall continue to be effective until revised, amended, repealed, or nullified pursuant to law. On and after July 1, 2010, the chief information officer shall adopt rules necessary for the administration of such powers, duties, and functions.    On and after July 1, 2010, the enterprise facility shall be funded as follows:   For state fiscal year 2010-11, one hundred percent by moneys appropriated by the general assembly from the department of state cash fund created in section 24-21-104 (3)(b);    For state fiscal year 2011-12, sixty-seven percent by moneys appropriated by the general assembly from the department of state cash fund created in section 24-21-104 (3)(b) and thirty-three percent by moneys appropriated by the general assembly from the information technology revolving fund established in section 24-37.5-112 (1)(a);    For state fiscal year 2012-13, thirty-three percent by moneys appropriated by the general assembly from the department of state cash fund created in section 24-21-104 (3)(b) and sixty-seven percent by moneys appropriated by the general assembly from the information technology revolving fund established in section 24-37.5-112 (1)(a); and    For state fiscal year 2013-14 and for each state fiscal year thereafter, one hundred percent by moneys appropriated by the general assembly from the information technology revolving fund established in section 24-37.5-112 (1)(a).           Source: L. 99: Entire article added with relocations, p. 866, § 1, effective July 1. L. 2006: (5) added, p. 1726, § 4, effective June 6. L. 2008: (6) added, p. 1113, § 2, effective May 22. L. 2010: (7) added, (SB 10-148), ch. 107, p. 358, § 2, effective April 15. L. 2011: (7)(h)(II), (7)(h)(III), and (7)(h)(IV) amended, (SB 11-062), ch. 128, p. 428, § 1, effective April 22.