Second Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 10-0822.01 Troy Bratton HOUSE BILL 10-1286 HOUSE SPONSORSHIP McNulty, SENATE SPONSORSHIP Scheffel, House Committees Senate Committees Judiciary Appropriations A BILL FOR AN ACT Concerning the transfer of corrections-related divisions of state government to the department of public safety. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill transfers the department of corrections and the division of youth corrections in the department of human services by a type 2 transfer to the department of public safety. The type 2 transfer will transfer all department of corrections and division of youth corrections statutory authority, powers, duties, personnel, property, funding, budgeting, purchasing, and planning to the department of public safety. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Repeal. 24-1-110 (1) (t), Colorado Revised Statutes, is repealed as follows: 24-1-110. Principal departments. (1) In accordance with the provisions of section 22 of article IV of the state constitution, all executive and administrative offices, agencies, and instrumentalities of the executive department of the state government and their respective functions, powers, and duties, except as otherwise provided by law, are allocated among and within the following principal departments created by this article: (t) Department of corrections; SECTION 2. 24-1-128.6 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 24-1-128.6. Department of public safety - creation - repeal. (2) The department of public safety shall consist of the following divisions: (d.5) (I) Division of corrections, the head of which shall be the director of the division of corrections. The powers, duties, and functions of the department of corrections, created by part 1 of article 1 of title 17, C.R.S., are transferred by a type 2 transfer to the department of public safety. Whenever any law of this state or any rule promulgated under the laws of this state refers to the department of corrections, such law or rule shall be deemed to refer to the division of corrections in the department of public safety. (II) The division of corrections shall include the youth corrections subdivision. The powers, duties, and functions of the division of youth corrections in the department of human services, created by section 19-2-203, C.R.S., are transferred by a type 2 transfer to the division of corrections in the department of public safety. Whenever any law of this state or any rule promulgated under the laws of this state refers to the division of youth corrections, such law or rule shall be deemed to refer to the subdivision of youth corrections in the department of public safety. SECTION 3. 24-33.5-105, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read: 24-33.5-105. Transfer of functions. (4) Notwithstanding any other provision of law, the department of public safety shall, on and after July 1, 2011, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested in the department of corrections and the division of youth corrections within the department of human services prior to July 1, 2011, concerning the duties and functions transferred to the department of public safety. On July 1, 2011, all employees of the department of corrections and the division of youth corrections within the department of human services whose principal duties are concerned with the duties and functions transferred to the department of public safety and whose employment in the department of public safety is deemed necessary by the executive director to carry out the purposes of this article shall be transferred to the department of public safety and shall become employees thereof. Such employees shall retain all rights to state personnel system and retirement benefits under the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and rules and regulations. (5) Whenever the department of corrections or the division of youth corrections within the department of human services is referred to or designated by any contract or other document in connection with the duties and functions transferred to the department of public safety, such reference or designation shall be deemed to apply to the department of public safety. All contracts entered into by the said departments prior to July 1, 2011, in connection with the duties and functions transferred to the department of public safety are hereby validated, with the department of public safety succeeding to all the rights and obligations of such contracts. Any appropriations of funds from prior fiscal years open to satisfy obligations incurred under such contracts are hereby transferred and appropriated to the department of public safety for the payment of such obligations. SECTION 4. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 11, 2010, if adjournment sine die is on May 12, 2010); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2010 and shall take effect on the date of the official declaration of the vote thereon by the governor.