(1) (a) There is hereby created in the department of public safety the identity theft and financial fraud board, referred to in this part 17 as the "board". The board shall have the powers and duties specified in this part 17, including but not limited to oversight of the Colorado fraud investigators unit, created in section 24-33.5-1704.
(b) The board shall exercise its powers and perform its duties and functions as if the same were transferred to the department of public safety by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of this title.
(2) The board shall consist of ten members, as follows:
The executive director of the department of public safety or his or her designee;
The attorney general or his or her designee;
The executive director of the Colorado district attorneys council or his or her designee; and
Seven members appointed by the governor, as follows:
A representative of a police department;
A representative of a sheriff's department;
Three representatives of the depository institutions operating within the state, at least two of whom shall be from a state or national bank;
A representative of a payment processor; and
A representative of a consumer or victim advocacy organization.
(3) (a) The seven appointed members of the board shall serve terms of three years; except that, of the members first appointed, the representative of a local police department, the representative of a payment processor, and one of the three representatives of the depository institutions, as designated by the governor, shall each serve a two-year term.
(b) The governor shall appoint members of the board within thirty days after May 30, 2006; except that the governor shall appoint the representative of a consumer or victim advocacy organization pursuant to subparagraph (V) of paragraph (d) of subsection (2) of this section on or before July 1, 2011. An appointed member shall not serve more than two consecutive full terms, in addition to any partial term. In the event of a vacancy in an appointed position by death, resignation, removal for misconduct, incompetence, or neglect of duty, or otherwise, the governor shall appoint a member to fill the position for the remainder of the unexpired term.
(4) (a) The chairman of the board shall be selected by the board from among its members.
(b) The members of the board shall serve without compensation; except that the members of the board may be reimbursed from moneys in the Colorado identity theft and financial fraud cash fund created in section 24-33.5-1707 (1) for their actual and necessary expenses incurred in the performance of their duties pursuant to this part 17.
Board members shall routinely interact and communicate with local authorities andconstituent groups to increase awareness of the board and the unit and to further its purposes and those of law enforcement and prosecutors.
The board, in its discretion, may create an advisory committee of any size comprisedof interested parties to provide input on the board's activities. Members of an advisory committee shall serve without compensation and without reimbursement for expenses.
Members of the board, employees, and consultants shall be immune from suit in anycivil action based upon any official act performed in good faith pursuant to this part 17.
On or before October 1, 2012, and on or before October 1 of each even-numberedyear thereafter, the board shall report to the judiciary committees of the senate and the house of representatives, or any successor committees, on the implementation of this part 17 and the results achieved. The report shall include, but need not be limited to, the items listed in section 24-33.5-1706 (2).
Source: L. 2006: Entire part added, p. 1292, § 1, effective May 30. L. 2007: (1)(a) and (3)(a) amended, p. 2035, § 54, effective June 1. L. 2011: (2), (3), and (8) amended, (SB 11-108), ch. 252, p. 1093, § 3, effective June 2.