C.R.S. 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.

(b)

Repealed.

(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.

(e)

Repealed.
(f)(Deleted by amendment, L. 2002, p. 1204, § 1, effective June 3, 2002.)(g) Repealed.

(h)

Intentionally left blank —Ed.

(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.

(3)

Repealed.

(4)

Intentionally left blank —Ed.

(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.

(8)

Repealed.

(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 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.

Source: Section 24-1-128.6 — Department of public safety - creation, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑1‑101
Legislative declaration 24‑1‑102
Short title 24‑1‑103
Head of department defined 24‑1‑104.1
State education standards review - review committees convened by department of education - youth participation - definition 24‑1‑105
Types of entities defined - creation of new entities - transfers of existing entities 24‑1‑106
Agencies not enumerated - continuation 24‑1‑107
Internal organization of department - allocation and reallocation of powers, duties, and functions - limitations 24‑1‑107.5
Nonprofit entities created or supported by state agencies and state-level authorities - requirements - legislative declaration 24‑1‑108
Appointment of officers and employees - repeal 24‑1‑109
Office of the governor 24‑1‑110
Principal departments 24‑1‑111
Department of state - creation 24‑1‑112
Department of the treasury - creation 24‑1‑113
Department of law - creation 24‑1‑114
Department of higher education - creation 24‑1‑115
Department of education - creation 24‑1‑117
Department of revenue - creation 24‑1‑119
Department of public health and environment - creation 24‑1‑119.5
Department of health care policy and financing - creation 24‑1‑120
Department of human services - creation 24‑1‑120.5
Department of early childhood - creation 24‑1‑121
Department of labor and employment - creation 24‑1‑122
Department of regulatory agencies - creation 24‑1‑123
Department of agriculture - creation 24‑1‑124
Department of natural resources - creation - divisions 24‑1‑125
Department of local affairs - creation 24‑1‑127
Department of military and veterans affairs - creation 24‑1‑128
Department of personnel - creation 24‑1‑128.5
Department of corrections - creation 24‑1‑128.6
Department of public safety - creation 24‑1‑128.7
Department of transportation - creation 24‑1‑130
Actions, suits, or proceedings not to abate by reorganization - maintenance by or against successors 24‑1‑131
Rules, regulations, and orders adopted prior to article - continuation 24‑1‑132
Transfer of officers and employees 24‑1‑133
Transfer of property and records 24‑1‑134
Subsequent powers and functions - assignment 24‑1‑135
Effect of congressional redistricting on boards and commissions - definition 24‑1‑135.5
Boards and commissions - definitions 24‑1‑136
“Information Coordination Act” - policy - functions of the heads of principal departments 24‑1‑136.5
Long-range planning for capital construction, controlled maintenance, capital renewal - policy - heads of principal departments 24‑1‑138
Mandatory donation of services prohibited
Green check means up to date. Up to date

Current through Fall 2024

§ 24-1-128.6’s source at colorado​.gov