Legislation 23-19.7-101 to 104
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23-19.7-101. Legislative declaration.
(1) The general assembly hereby finds and declares that:
(a) During the peer review process for awarding federally sponsored research projects, the federal government often requires project applicants to provide state matching moneys or gives preference to applicants that demonstrate an ability to provide such moneys.
(b) Colorado, unlike many other states, does not have a dedicated source of matching moneys for federally sponsored research projects.
(c) Federal requirements and preferences for state matching moneys disadvantage Colorado public universities when competing against universities in other states that can access dedicated sources of state matching moneys.
(d) It is therefore necessary and appropriate for the state to provide a dedicated source of matching moneys that will allow Colorado public universities to compete on equal footing with out-of-state universities when applying for federally sponsored research projects and to create an authority to oversee the use of the matching moneys.
Source: L. 2007: Entire article added, p. 1599, § 1, effective May 31.
23-19.7-102. Higher education competitive research authority - creation - board of directors.
(1) The higher education competitive research authority, referred to in this article as the "authority", is hereby created as a body corporate and a political subdivision of the state. The authority shall not be an agency of state government and, except as otherwise provided in this article, shall not be subject to administrative direction by any department, commission, board, bureau, or agency of the state.
(2) The powers of the authority shall be vested in a board of directors, referred to in this article as the "board". The board shall consist of one member appointed by the governor with the consent of the senate and the following four ex officio members: The president of the university of Colorado, the president of Colorado state university, the president of the Colorado school of mines, and the president of the university of northern Colorado. The term of the appointed member of the board shall be four years, and the appointed member shall be eligible for reappointment. The appointed member shall hold office until a successor has been appointed and the senate has confirmed the appointment. A vacancy in the seat of the appointed board member occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only. The appointed member may be removed from office by the governor for cause, after a public hearing, and may be suspended by the governor pending the completion of the hearing.
(3) The members of the board shall elect a chair and a vice-chair. The members of the board shall also elect a secretary and a treasurer, who need not be members of the board, and may elect the same person to serve as both secretary and treasurer. The powers of the board may be vested in the officers from time to time. Three members of the board shall constitute a quorum. A vacancy in the membership of the board shall not impair the right of a quorum of the members to exercise all powers and perform all duties of the board pursuant to section 23-19.7-103.
(4) Each member of the board not otherwise in full-time employment of the state shall receive per diem compensation in the amount of fifty dollars for each day actually and necessarily spent in the discharge of official duties, and all members shall receive traveling and other necessary expenses actually incurred in the performance of official duties.
Source: L. 2007: Entire article added, p. 1600, § 1, effective May 31.
23-19.7-103. Higher education competitive research authority - powers and duties.
(1) Except as otherwise limited by this article, the authority, acting through the board, has the power:
(a) To have the duties, privileges, immunities, rights, liabilities, and disabilities of a body corporate and political subdivision of the state;
(b) To sue and be sued;
(c) To have an official seal and to alter the same at the board's pleasure;
(d) To make and alter bylaws for its organization and internal management and for the conduct of its affairs and business;
(e) To maintain an office at such place or places within the state as it may determine;
(f) To acquire, hold, use, and dispose of its moneys;
(g) To make and enter into all contracts, leases, and agreements that are necessary or incidental to the performance of its duties and the exercise of its powers under this article;
(h) To deposit any moneys of the authority in any banking institution within or outside the state;
(i) To fix the time and place or places at which its regular and special meetings are to be held;
(j) To accept gifts, grants, and donations; and
(k) To do all things necessary or convenient to carry out its purposes and exercise the powers granted in this article.
(2) The authority shall direct the allocation of moneys in the innovative higher education research fund created in section 23-19.7-104 to the extent required, as determined by the board, to provide matching funds for one or more proposals of public institutions of higher education in Colorado for federal research funding.
(3) Notwithstanding the provisions of section 24-1-136 (11) (a) (I), C.R.S., on or before March 1, 2008, and on or before March 1 of each year thereafter, the authority shall submit a report to the education committees of the house of representatives and the senate, or any successor committees, that describes the research projects that received funding under this article during the preceding calendar year. At a minimum, the report shall specify the following information with regard to each project:
(a) A description of the project, the principal persons or entities involved in the project, and the amount of funding allocated to each principal person or entity;
(b) The manner in which each principal person or entity applied the funding in connection with the project; and
(c) The results achieved by the project.
Source: L. 2007: Entire article added, p. 1600, § 1, effective May 31.
23-19.7-104. Innovative higher education research fund - funding.
There is hereby created in the state treasury the innovative higher education research fund, which shall consist of moneys transferred to the research fund from the waste tire recycling development cash fund created in section 25-17-202 (3) (a), C.R.S., pursuant to section 25-17-202 (3) (b) (III), C.R.S., and the advanced technology fund created in section 25-16.5-105 (2) (a), C.R.S., pursuant to section 25-16.5-105 (2) (f), C.R.S., any moneys that the general assembly may appropriate to the research fund, any moneys received pursuant to section 23-19.7-103 (1) (j), and all income and interest derived from the deposit and investment of moneys in the research fund. Moneys in the research fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of this article. Unexpended and unencumbered moneys remaining in the research fund at the end of any fiscal year shall remain in the research fund and shall not be credited or transferred to the general fund or any other fund.
Source: L. 2007: Entire article added, p. 1602, § 1, effective May 31.