2016 Colorado Revised Statutes
Title 24 - Government - State
Administration
Article 1 - Administrative Organization Act of 1968
§ 24-1-128.6. Department of public safety - creation - repeal

(1) There is hereby created a department of public safety, the head of which shall be the executive director of the department of public safety. The executive director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109.

(2) The department of public safety consists of the following divisions:

(a) Colorado state patrol, the head of which shall be the chief of the Colorado state patrol. The Colorado state patrol and the office of chief thereof, created by part 2 of article 33.5 of this title, and their powers, duties, and functions are transferred by a type 2 transfer to the department of public safety. The powers, duties, and functions of the state department of highways relating to the Colorado state patrol are transferred by a type 2 transfer to the department of public safety and allocated to the Colorado state patrol. The powers, duties, and functions of the ports of entry section of the motor carrier services division of the division of motor vehicles of the department of revenue, which motor carrier services division is abolished pursuant to section 24-1-117 (5), enacted by House Bill 12-1019, enacted in 2012, are transferred by a type 3 transfer to the department of public safety and allocated to the Colorado state patrol.

(b) Repealed.

(c) Colorado bureau of investigation, the head of which shall be the director of the Colorado bureau of investigation. The Colorado bureau of investigation and the office of director thereof, created by part 4 of article 33.5 of this title, and their powers, duties, and functions are transferred by a type 2 transfer to the department of public safety. The powers, duties, and functions of the department of local affairs relating to the Colorado bureau of investigation are transferred by a type 2 transfer to the department of public safety and allocated to the Colorado bureau of investigation.

(d) Division of criminal justice, the head of which shall be the director of the division of criminal justice. The division of criminal justice and the office of director thereof, created by part 5 of article 33.5 of this title, and their powers, duties, and functions are transferred by a type 2 transfer to the department of public safety. The powers, duties, and functions of the department of local affairs relating to the division of criminal justice are transferred by a type 2 transfer to the department of public safety and allocated to the division of criminal justice.

(e) Repealed.

(f) (Deleted by amendment, L. 2002, p. 1204, § 1, effective June 3, 2002.)

(g) Repealed.

(h) (I) Division of homeland security and emergency management, the head of which is the director of the division of homeland security and emergency management. The division of homeland security and emergency management and the office of director thereof, created by part 16 of article 33.5 of this title, shall exercise their powers and perform their duties and functions as if the same were transferred by a type 2 transfer to the department of public safety and allocated to the division of homeland security and emergency management.

(II) The division of homeland security and emergency management includes the following agencies, which shall exercise their powers and perform their duties and functions under the department of public safety as if the same were transferred thereto by atype 2 transfer:

(A) The office of emergency management created by part 7 of article 33.5 of this title, the head of which is the director of the office of emergency management. Effective July 1, 2012, the division of emergency management in the department of local affairs, created by part 21 of article 32 of this title, prior to its repeal in 2012, and its powers, duties, and functions are transferred by a type 2 transfer to the department of public safety and allocated to the office of emergency management under the division of homeland security and emergency management pursuant to this article.

(B) Office of prevention and security, created in section 24-33.5-1606; and

(C) The office of preparedness, created in section 24-33.5-1606.5.

(i) Division of fire prevention and control, the head of which is the director of the division of fire prevention and control. The division of fire prevention and control and the office of the director thereof, created by part 12 of article 33.5 of this title, and their powers, duties, and functions are transferred by a type 2 transfer to the department of public safety.

(3) Repealed.

(4) (a) The Colorado emergency planning commission, created by section 24-33.5-1503, prior to the repeal of that section by House Bill 14-1004, is abolished, and its powers, duties, and functions are transferred by a type 3 transfer as follows:

(I) The duty to promulgate any rules necessary for implementation of the federal "Emergency Planning and Community Right-to-Know Act of 1986", 42 U.S.C. sec. 11001 et seq., Title III of the federal "Superfund Amendments and Reauthorization Act of 1986", Pub.L. 99-499, the other powers and duties described under section 24-33.5-1503.5 (2), and the duty to administer the SARA Title III fund created in section 24-33.5-1506, are transferred to the department of public safety and allocated to the director of the division of homeland security and emergency management; and

(II) All other functions relating to implementation of the federal "Emergency Planning and Community Right-to-Know Act of 1986", 42 U.S.C. sec. 11001 et seq., Title III of the federal "Superfund Amendments and Reauthorization Act of 1986", Pub.L. 99-499, that were enjoyed by the Colorado emergency planning commission prior to its repeal by House Bill 14-1004, are transferred to the department of public safety and allocated to the emergency planning subcommittee of the homeland security and all-hazards senior advisory committee, which subcommittee is created under section 24-33.5-1614 (3.5).

(b) (Deleted by amendment, L. 2014.)

(5) The witness protection board, created by section 24-33.5-106, shall exercise its powers and perform its duties and functions as if the same were transferred by a type 1 transfer to the department of public safety.

(6) The identity theft and financial fraud board, created by section 24-33.5-1703, shall exercise its powers and perform its duties and functions as if the same were transferred by a type 2 transfer to the department of public safety.

(7) The cold case task force, created in section 24-33.5-109, shall exercise its powers and perform its duties and functions as if the same were transferred by a type 2 transfer to the department of public safety.

(8) (a) The Colorado commission on criminal and juvenile justice, created pursuant to section 16-11.3-102, C.R.S., shall exercise its powers and perform its duties and functions as if the same were transferred by a type 2 transfer to the department of public safety.

(b) This subsection (8) is repealed, effective July 1, 2018.

(9) The crime victim services advisory board, created pursuant to section 24-4.1-117.3, shall exercise its powers and perform its duties and functions as if the same were transferred by a type 2 transfer to the division of criminal justice in the department of public safety.