Section 24-1-128.6 - Department of public safety - creation(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) The Colorado state patrol, the head of which is the chief of the Colorado state patrol. The Colorado state patrol and the office of chief, created in part 2 of article 33.5 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public safety. The responsibilities of the department of public safety and the Colorado state patrol include the powers, duties, and functions of the state department of highways relating to the Colorado state patrol. The responsibilities of the department of public safety and the Colorado state patrol include the powers, duties, and functions of the ports of entry section of the former 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, in 2012.(c) The Colorado bureau of investigation, the head of which is the director of the Colorado bureau of investigation. The Colorado bureau of investigation and the office of the director, created in part 4 of article 33.5 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public safety. The powers, duties, and functions of the department of public safety and the Colorado bureau of investigation include the powers, duties, and functions relating to the Colorado bureau of investigation that were formerly vested in the department of local affairs.(d) The division of criminal justice, the head of which is the director of the division of criminal justice. The division of criminal justice and the office of the director, created in part 5 of article 33.5 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public safety. The powers, duties, and functions of the department of public safety and the division of criminal justice include the powers, duties, and functions relating to the division of criminal justice that were formerly vested in the department of local affairs.(f) (Deleted by amendment, L. 2002, p. 1204, § 1, effective June 3, 2002.)(h)(I) The 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 the director, created in part 16 of article 33.5 of this title 24, are type 2 entities, as defined in section 24-1-105. The division of homeland security and emergency management and the office of the director of the division exercise their powers and perform their duties and functions under the department of public safety and are allocated to the division of homeland security and emergency management.(II) The division of homeland security and emergency management includes the following agencies, which are type 2 entities, as defined in section 24-1-105, and which exercise their powers and perform their duties and functions under the department of public safety:(A) The office of emergency management, created in part 7 of article 33.5 of this title 24, the head of which is the director of the office of emergency management. Effective July 1, 2012, the powers, duties, and functions of the department of public safety and the office of emergency management under the division of homeland security and emergency management pursuant to this article 1 include the powers, duties, and functions of the former division of emergency management, created in part 21 of article 32 of this title 24, prior to its repeal in 2012.(B) The office of prevention and security, created in section 24-33.5-1606;(C) The office of preparedness, created in section 24-33.5-1606.5; and(D) The office of public safety communication created in section 24-33.5-2502.(i) The 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, created in part 12 of article 33.5 of this title 24, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public safety.(4)(a) The powers, duties, and functions of the department of public safety include the powers, duties, and functions of the Colorado emergency planning commission, created in section 24-33.5-1503, prior to the repeal of that section by House Bill 14-1004, 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 in section 24-33.5-106, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public safety.(6) The identity theft and financial fraud board, created in section 24-33.5-1703, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public safety.(7) The cold case task force, created in section 24-33.5-109, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public safety.(9) The crime victim services advisory board, created pursuant to section 24-4.1-117.3, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division of criminal justice in the department of public safety.(10) The office of school safety, created in section 24-33.5-2702, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the office of the executive director in the department of public safety.(11) The school safety resource center, created in section 24-33.5-1803, is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the office of school safety in the office of the executive director in the department of public safety.Amended by 2023 Ch. 120,§ 14, eff. 4/27/2023.Amended by 2022 Ch. 479, § 6, eff. 7/1/2023.Amended by 2022 Ch. 469, § 206, eff. 8/10/2022.Amended by 2018 Ch. 318, § 2, eff. 5/30/2018.Amended by 2014 Ch. 302, § 21, eff. 5/31/2014.Amended by 2014 Ch. 11, § 1, eff. 2/27/2014.L. 83: Entire section added, p. 960, § 3, effective 7/1/1984. L. 86: (1) amended, p. 886, § 13, effective May 23. L. 87: (2)(g) added, p. 1569, § 2, effective July 1. L. 90: (3) added, p. 1220, § 3, effective May 31. L. 92: (2)(e) and (3) repealed, p. 1011, § 2, effective March 12. L. 93: (4) added, p. 1323, § 3, effective June 6. L. 95: (5) added, p. 1346, § 2, effective June 5. L. 99: (2)(g) repealed, p. 437, § 7, effective April 30. L. 2002: (2)(f) amended and (2)(h) added, p. 1204, § 1, effective June 3. L. 2006: (6) added, p. 1298, § 2, effective May 30. L. 2007: (8) added, p. 1105, § 2, effective May 23; (7) added, p. 1897, § 4, effective June 1. L. 2009: (9) added, (SB 09 -047), ch. 129, p. 556, § 3, effective July 1. L. 2012: IP(2), (2)(h), and (4) amended, (2)(b) repealed, and (2)(i) added, (HB 12-1283), ch. 240, p. 1068, § 7, effective July 1; (2)(a) amended, (HB 12-1019), ch. 135, p. 464, § 2, effective July 1. L. 2014: (4) amended, (HB 14-1004), ch. 11, p. 101, § 1, effective February 27; (8) RC&RE, (HB 14-1363), ch. 302, p. 1267, § 21, effective May 31. L. 2018: (8)(b) amended, (HB 18-1287), ch. 318, p. 1909, § 2, effective May 30.(1) Prior to its recreation in 2014, subsection (8)(b) provided for the repeal of subsection (8), effective July 1, 2013. (See L. 2007, p. 1105.)
(2) Amendments to subsection (2)(h)(II) by SB 22-162 and HB 22-1353 were harmonized.
(3) Subsection (8)(b) provided for the repeal of subsection (8), effective July 1, 2023. (See L. 2018, p. 1909.)
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3). (1) For the legislative declaration in the 2012 act amending the introductory portion to subsection (2) and subsections (2)(h) and (4), repealing subsection (2)(b), and adding subsection (2)(i), see section 1 of chapter 240, Session Laws of Colorado 2012. (2) For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022. (3) For the legislative declaration in HB 22-1353, see section 1 of chapter 479, Session Laws of Colorado 2022.