2023 Colorado Revised Statutes › Title 22 - EDUCATION (§§ 22-1-101 — 22-108-109) › FINANCIAL POLICIES AND PROCEDURES (§§ 22-40-101 — 22-45-113) › Article 41 - Public School Fund (§§ 22-41-101 — 22-41-110) › Section 22-41-102.5 - Public school fund investment board - creation - working group - report

(1)
(a)
There is hereby created the public school fund investment board, referred to in this section as the "board". The board consists of five members, as follows:
(I)
The state treasurer, who serves as chair;
(II)
A member of the state board of land commissioners, appointed by majority vote of the commissioners; and
(III)
Three members appointed by the state treasurer. Such appointees must have diversity in party affiliation and professional qualifications regarding the prudent investment of trust fund money or expertise in institutional investment management.
(b)
Initial appointments of members must be made no later than thirty days after August 10, 2016. The board must meet for the first time no later than thirty days after the appointment of the members as required in this paragraph (b), and the board must meet no less than quarterly thereafter.
(c)
The state treasurer and two other voting members of the board constitutes a quorum of the board.
(2)
(a)
Except for the state treasurer, members of the board serve two-year terms and may not serve more than three consecutive terms, and none of the board members, except for the treasurer, may hold any state elective office. The state board of land commissioners or the state treasurer may remove their appointed members for any cause that renders the member incapable of discharging or unfit to discharge the member's duty to the board. The state board of land commissioners or the state treasurer may fill any vacancy by appointment, and such appointment must be made no later than ninety days after the date of the vacancy. A member appointed to fill a vacancy serves until the expiration of the term for which the vacancy was filled. Members of the board serve without compensation but may receive reimbursement for travel and other necessary expenses actually incurred in the performance of their duties. The reimbursements are paid from the interest and income earned on the deposit and investment of the public school fund subject to the requirements set forth in section
22-41-102
.
(b)
Beginning with the state treasurer's appointments to the board to replace existing board members whose final terms expire on or after July 1, 2022, the state treasurer may stagger the terms of newly appointed board members to ensure that the terms of no more than two of the state treasurer's three appointments to the board expire in the same year. In the state treasurer's discretion, the first three new members appointed by the state treasurer on or after July 1, 2022, may serve an initial term of between one and three years, as determined by the state treasurer. After the initial term, the members serve two-year terms for a total of three consecutive terms, as set forth in subsection (2)(a) of this section.
(3)
The board shall direct the state treasurer on how to securely invest money deposited in the public school fund for the intergenerational benefit of public schools and in a manner that complies with the "Uniform Prudent Investor Act", article
1.1
of title
15
, C.R.S.
(4)
(a)
No later than March 31, 2017, the board shall establish policies that are necessary and proper for the administration of this section, including but not limited to:
(I)
A conflict of interest policy for board members;
(II)
A policy establishing allowable investments that comply with section
22-41-104
and section 3 of article IX of the state constitution; and
(III)
Recommendations to the general assembly regarding the distribution of income and interest described in section
22-41-102 (3)(h)(IV)
.
(b)
The policies must be posted on the department of the treasury's website no later than April 5, 2017.
(5)
The board may enter into contracts with private professional fund managers to provide expertise, technical support, and advice on investment market conditions. Such contract or contracts must be bid by employing standard public bidding practices including, but not limited to, the use of requests for information, requests for proposals, or any other standard vendor selection practices determined by the board to be best suited to selecting an appropriate private professional fund manager. Payments for these services will be paid from the interest and income of the public school fund subject to the requirements set forth in section
22-41-102
.
(6)
Repealed.
Amended by 2022 Ch. 252, § 1, eff. 5/26/2022.
Added by 2016 Ch. 250, § 2, eff. 8/10/2016.
L. 2016: Entire section added, (SB 16-035), ch. 250, p. 1022, § 2, effective August 10.
For the legislative declaration in SB 16-035, see section 1 of chapter 250, Session Laws of Colorado 2016.