Colorado § 23-3.1-203 - Authority - creation - membership - transfer of personnel.

§ 23-3.1-203. Authority - creation - membership - transfer of personnel.

(1) Effective May 26, 2000, the authority shall be transferred to the department of higher education, and shall become a division thereof. Except as otherwise provided in this article, on and after May 26, 2000, the authority shall exercise its powers, duties, and functions under the department of higher education as if it were transferred by a type 2 transfer under the provisions of the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S. The director shall be appointed by the executive director, shall function as the executive officer of the authority, and shall also be director of the student loan division. The director, with the approval of the executive director, shall employ such professional and clerical personnel as may be deemed necessary to carry out the duties and functions of the authority. Such personnel shall receive compensation for their services as determined by the director. The director and all personnel of the authority are declared to hold educational offices and to be exempt from the state personnel system.

(2) (a) Effective May 26, 2000, the board of directors of the authority, as it existed prior to May 26, 2000, shall be transferred with the authority to the department of higher education. The board continues to consist of nine members who are appointed by the governor, with the consent of the senate. Such members must be residents of the state. The term of office of each member is four years; except that the terms shall be staggered so that no more than three members' terms expire in the same year. Each member shall serve until a successor has been appointed by the governor. Any member is eligible for reappointment. The governor shall fill any vacancy by appointment for the remainder of an unexpired term. Any member appointed by the governor when the general assembly is not in regular session, whether appointed for an unexpired term or for a full term, shall be deemed to be duly appointed and qualified until the appointment of such member is approved or rejected by the senate. Such appointment shall be submitted to the senate for its approval or rejection during the next regular session of the general assembly following the appointment.

(b) Any member of the board appointed by the governor may be removed by the governor.

(3) (a) On and after July 1, 2004, the division of the department of higher education known prior to said date as the Colorado student obligation bond authority shall be formally and legally known as and designated collegeinvest.

(b) On and after July 1, 2004, whenever the Colorado student obligation bond authority or the board of directors of the Colorado student obligation bond authority is referred to or designated by a contract or other document, such reference or designation shall be deemed to apply to collegeinvest as a division of the department of higher education pursuant to this section. All contracts entered into by or on behalf of the Colorado student obligation bond authority or its board prior to July 1, 2004, are hereby validated as obligations of collegeinvest.

Source: L. 79: Entire article added, p. 813, § 1, effective July 1. L. 84: (2) R&RE, p. 624, § 17, effective April 10. L. 87: (2)(a) amended, p. 906, § 13, effective June 15. L. 2000: Entire section amended, p. 1271, § 3, effective May 26. L. 2004: (1) amended and (3) added, p. 563, § 7, effective July 1. L. 2006: (1) amended, p. 513, § 10, effective July 1. L. 2022: (2)(a) amended, (SB 22-013), ch. 2, p. 30, § 38, effective February 25.

Cross references: For limitation on issuance of private activity bonds, see part 17 of article 32 of title 24; for the provisions that designate the Colorado student obligation bond authority as a "special purpose authority" for the purposes of section 20 of article X of the Colorado constitution, see § 24-77-102 (15).