| Summary |
Statutory Revision Committee. Under current law, the
Administrative Organization Act of 1968 (AOA) sets forth the
organizational structure of the principal departments of the executive
branch of Colorado state government based on a series of transfers and
allocations of authority, powers, duties, and functions to units of
government, referred to as entities, that occurred in 1968, and as
amended since that time as entities were created, transferred, or
abolished. The AOA defines 3 types of transfers that determine the
relationship between an entity and the principal department in the
executive branch. The designation of an entity as a type 1 or type 2
entity, and the transfer of the entity's powers, duties, and functions to
another entity by a type 1 or type 2 transfer, affects the authority of the
entity and defines the relationship between the entity and the principal
department to which the entity is assigned. Historically, a type 3 transfer
involved the transfer of all functions of an entity to another entity and the
abolition of the original entity from which the functions had been
transferred.
The bill modernizes and simplifies the terminology used in
creating and transferring entities among principal departments under the
AOA and throughout the Colorado Revised Statutes while preserving the
status and the powers assigned in current law to entities in the AOA.
The bill defines type 1 entity and type 2 entity and states that
when a new entity is created as a type 1 entity or a type 2 entity and
allocated to a principal department under the AOA, or when an existing
entity is transferred from one principal department to another, the entity
has all of the powers, duties, and functions of a type 1 or type 2 entity,
as applicable. The bill eliminates language regarding type 1 and type 2
transfers and specifies that when an existing entity is transferred from one
principal department to another, the transferred entity exercises its powers
and performs its duties and functions in the principal department to which
it was transferred as a type 1 or type 2 entity, as specified in law.
The bill amends organic statutes for the principal departments to
specify the type 1 or type 2 status of the entities within those principal
departments where the type 1 or type 2 status is not stated. The bill also
amends the AOA to specify the type 1 or type 2 status of the entities
where the type 1 or type 2 status is found in the organic statute but is
missing in the AOA.
Currently, when an entity is abolished by a type 3 transfer, the
original entity and its powers, duties, and functions are transferred to
another principal department and the original entity is abolished. The bill
eliminates references to type 3 transfers and specifies that the powers,
duties, and functions of the abolished entity are included in powers,
duties, and functions of the entity to which it was transferred.
The bill also corrects errors in the names of entities to make the
references consistent throughout the statutes.
To aid the reader, the bill is organized to group all the amendments
to each principal department, including conforming amendments,
together.
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