(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:
The operational reports of the executive agencies should provide complete, concise,and useful information about executive operations to the governor and the general assembly;
The publications of executive agencies should be clearly related to agency functionsand cost no more than is necessary to accomplish the purpose for which the material is published;
Executive agencies should recover the full cost of those publications not necessary tothe agency's function but issued for the convenience of the users;
Publication activities of executive agencies should be responsive to the direction ofthe governor; and
Operational reports and publications of executive agencies should continue to beproduced 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.
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.
The heads of the principal departments shall jointly have the following responsibilities of coordination and control:
Development and direction of a system for the collection, coordination, control, anddistribution of state operational and administrative reports and information;
(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;
Preparation of operational and administrative reports and bringing to the attention ofthe governor special problems of agencies as disclosed through the reporting system;
Delivery to the custody of the executive director of the department of personnel, aschief administrative officer of the state archives and public records, of two official archival copies of original published and processed agency reports, studies, and other publications and distribution of other copies of the original reports as directed by the governor. Colleges and universities shall forward a monthly listing of publications in the form and manner prescribed by the executive director of the department of personnel.
Delivery to the custody of the state librarian of four copies of all state publicationspursuant to section 24-90-204;
Effecting economies in the publication of operational and administrative informationconsistent with the purpose of the publication and without interference to the discharge of the agency's statutory responsibilities.
The governor or the general assembly may at any time require that the heads of theprincipal departments collect and from time to time publish certain regular or special reports, in whole or in part.
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.
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.
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.
Nothing in this section shall be construed to empower anyone to restrict or inhibit thefree 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.
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.
An agency or department not having an appropriation for producing publications tobe 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.
(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:
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.;
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;
The business affairs and labor committee in the house of representatives and thebusiness, 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.;
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.;
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.;
The health and human services committees in the house of representatives and thesenate, or any successor committees, shall consider reporting requirements contained in titles 25 to 27, C.R.S.;
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.;
The local government committees, or any successor committees, in the house ofrepresentatives and the senate shall consider reporting requirements contained in titles 30 to 32, C.R.S.;
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
The transportation and energy committee in the house of representatives and thetransportation 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.
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.