(1) (a) There is hereby created in the office of information technology the government data advisory board, which shall consist of the members specified in this subsection (1).

(b) On or before October 1, 2009, the governor shall appoint four members of the advisory board as follows:

(I) An employee of a city, county, or city and county that collects and maintains unit-level records, which employee has expertise in data sharing and information technology;

(II) A person who is serving on a school district board of education in this state;

(III) An employee of a school district in this state who has expertise in data sharing and information technology; and

(IV) A person from an institution of higher education or a nongovernmental organization that, in the course of conducting research, routinely requests data from government agencies, which person has expertise in data sharing and information technology.

(b) On or before October 1, 2009, the governor shall appoint four members of the advisory board. Beginning July 1, 2019, the governor shall appoint two members of the advisory board as follows:

(I) An employee of a city, county, or city and county that collects and maintains unit-level records, which employee has expertise in data sharing and information technology; and

(II) (Deleted by amendment, L. 2018.)

(III) An employee of a school district in this state who has expertise in data sharing and information technology.

(IV) (Deleted by amendment, L. 2018.)

(c) The chief information officer, or his or her designee, shall serve as an ex officio member and chair of the advisory board.

(d)

(I) The remaining membership of the advisory board shall consist of a person from each principal department of the executive branch of state government as specified in section 24-1-110, who is either an expert in information technology or responsible for data administration within the member's respective department and who is selected by the head of the member's respective department to participate on the advisory board at the invitation of the chief information officer.

(II) Notwithstanding subsection (1)(d)(I) of this section, at the invitation of the chief information officer, additional members who meet the qualifications specified in subsection (1)(d)(I) of this section may be selected to participate on the advisory board as follows:

(A) The governor, as he or she deems appropriate, may select a member from one or more political subdivisions of the state, including a city, county, city and county, or special purpose authority;

(B) The secretary of state, attorney general, and state treasurer, as he or she deems appropriate, may select a member from his or her department;

(C) The chief justice of the supreme court, as he or she deems appropriate, mayselect a member from the judicial branch; and

(D) The speaker of the house of representatives and the president of the senate may jointly select a member from the legislative branch, including a representative, senator, or employee. On and after July 1, 2013, if a vacancy arises for the legislative branch position, the jointly selected member shall be a member of the joint technology committee created in section 2-3-1702, C.R.S.

(2) The members of the advisory board appointed pursuant to paragraph (b) of subsection (1) of this section shall:

(a) Serve four-year terms; except that two of the members appointed pursuant to paragraph (b) of subsection (1) of this section shall initially serve two-year terms;

(b) Serve at the will of the governor. If a vacancy arises during a member's term, the governor shall appoint a person meeting the same qualifications to serve the remainder of the term.

(c) Serve without compensation and without reimbursement for expenses.

(3) (a) The chief information officer, or his or her designee, shall schedule the first meeting of the advisory board and schedule succeeding meetings of the advisory board as necessary to complete the advisory board's duties specified in this section.

(b) The office shall provide technical assistance and support, to the extent practicable within existing resources, to assist the advisory board in completing the duties specified in subsection (4) of this section.

(4) The advisory board shall have the following duties:

(a) To advise the chief information officer regarding the ongoing development, maintenance, and implementation of the interdepartmental data protocol;

(b) To advise the chief information officer concerning best practices in sharing and protecting data in state government;

(c) To recommend to the chief information officer rules and procedures that a state agency shall follow in requesting, or responding to a request for, data from another state agency, including but not limited to strategies for enforcing said rules;

(d) To advise the chief information officer concerning rules and procedures for responding to data requests submitted by an entity outside of state government;

(e) To recommend to the chief information officer a schedule of fees that the office may charge to state agencies to supervise and administer interdepartmental and external data requests, that a state agency may charge another state agency in responding to an interdepartmental data request, and that a state agency may charge to respond to a data request submitted by an entity outside of state government. In recommending the fee schedule, the advisory board shall ensure that the fee amounts do not exceed the direct and indirect costs incurred by the office or by the state agency that is responding to a data request.

(f) Upon request by the chief information officer, to advise the chief information officer on other issues pertaining to data sharing.

(5) The advisory board shall ensure that the recommendations made pursuant to subsection (4) of this section comply with the interdepartmental data protocol.

(6) On or before January 15, 2010, and on or before January 15 each year thereafter, the advisory board shall submit to the chief information officer its recommendations for developing and implementing protocols for sharing data among state agencies and entities and with local governments and nongovernmental entities. The chief information officer shall review the recommendations and take them into account in preparing a report concerning implementing protocols for sharing data among state agencies and entities and with local governments and nongovernmental entities. The chief information officer shall submit the report to the general assembly on or before March 1, 2010, and on or before March 1 each year thereafter through March 1, 2018. On or before March 1, 2019, and on or before March 1 each year thereafter, the chief information officer shall submit the report to the joint technology committee of the general assembly established in section 2-3-1702.

(7) This section is repealed, effective July 1, 2024. Notwithstanding section 2-3-1203, prior to such repeal, the advisory board shall be reviewed by the joint technology committee.