Second Regular Session
Sixty-first General Assembly
LLS NO. 980681.01 MKH
HOUSE BILL 981282
STATE OF COLORADO
BY REPRESENTATIVE Agler
STATE, VETERANS & MILITARY
AFFAIRS
A BILL FOR AN ACT
CONCERNING THE AUTHORITY OF STATE ENTITIES UNDER
THE "ADMINISTRATIVE ORGANIZATION ACT OF 1968".
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
adopted.)
For purposes of the "Administrative Organization
Act of 1968", changes the definition of a "type 1"
transfer to require such boards and commissions to exercise their
powers and perform their duties under the direction and supervision
of their principal department. Allows those boards that are created
in the state constitution to continue to exercise their statutory
powers, duties, and functions independently of the head of their
principal department. Abolishes the state administrative organization
board.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 241105 (1), Colorado Revised Statutes, is amended to read:
241105. Types of transfers.
(1) Under this article, a type 1 transfer
means the transferring intact of an existing department, institution,
or other agency, or part thereof, to a principal department established
by this article. When any department, institution, or other agency,
or part thereof, is transferred to a principal department under
a type 1 transfer, that department, institution,
or other agency, or part thereof, shall be administered under
the direction and supervision of that principal department. but
it shall exercise its prescribed statutory powers, duties, and
functions, including rulemaking, regulation, licensing,
and registration, the promulgation of rules, rates, regulations,
and standards, and the rendering of findings, orders, and adjudications,
independently of the head of the principal department.
Under a type 1 transfer, any powers, duties, and
functions not specifically vested by statute in the agency being
transferred, including, but not limited to, all budgeting, purchasing,
planning, and related management functions of any transferred
department, institution, or other agency, or part thereof, shall
be performed under the direction and supervision of the head of
the principal department.
SECTION 2. 241115 (2), Colorado Revised Statutes, is amended to read:
241115. Department of education
creation. (2) The state
board of education, created by part 1 of article 2 of title 22,
C.R.S., and its powers, duties, and
functions are transferred by a type 1 transfer to
the department of education SHALL
BE ADMINISTERED UNDER THE DIRECTION AND SUPERVISION OF THE DEPARTMENT
OF EDUCATION, BUT IT SHALL EXERCISE ITS PRESCRIBED STATUTORY POWERS,
DUTIES, AND FUNCTIONS, INCLUDING RULEMAKING, REGULATION,
LICENSING, AND REGISTRATION; THE PROMULGATION OF RULES, RATES,
REGULATIONS, AND STANDARDS; AND THE RENDERING OF FINDINGS, ORDERS,
AND ADJUDICATIONS INDEPENDENTLY OF THE HEAD OF SAID DEPARTMENT.
SECTION 3. Repeal. 1261703 (2.5) (a), Colorado Revised Statutes, is repealed as follows:
1261703. Board of real
estate appraisers creation compensation immunity
repeal of part. (2.5) (a) The
general assembly finds, determines, and declares that the organization
of the board under the division as a type 1 agency will
provide the autonomy necessary to avoid potential conflicts of
interest between the responsibility of the board in the regulation
of real estate appraisers and the responsibility of the division
in the regulation of real estate brokers and salesmen. The general
assembly further finds, determines, and declares that the placement
of the board as a type 1 agency under the division is consistent
with the organizational structure of state government.
SECTION 4. Repeal. 241.5101, Colorado Revised Statutes, is repealed as follows:
241.5101. Legislative declaration. The
general assembly hereby finds and declares that the proliferation
of type 1 agencies in state government has increased the
number of state government programs through the adoption of administrative
rules and regulations and that the level of accountability within
each principal department of state government has decreased due
to the independence of the type 1 agencies. The general
assembly therefore adopts this article in order to evaluate existing
type 1 agencies and to determine whether agencies created
in the future should be so designated.
SECTION 5. Repeal. 241.5102, Colorado Revised Statutes, is repealed as follows:
241.5102. State administrative
organization board creation duties.
(1) There is hereby created
the state administrative organization board, referred to in this
article as the "board", to be comprised of eleven members.
Two members of the board shall be appointed by the speaker of
the house of representatives, one of whom shall be a member of
the general assembly. One member shall be appointed by the minority
leader of the house of representatives and shall not be a member
of the general assembly and shall not be a state government employee.
The other member appointed by the speaker shall not be a member
of the general assembly and shall not be a state government employee.
Two members of the board shall be appointed by the president
of the senate, one of whom shall be a member of the senate. One
member shall be appointed by the minority leader of the senate
and shall not be a member of the general assembly and shall not
be a state government employee. The other member appointed by
the president shall not be a member of the general assembly and
shall not be a state government employee. Five members of the
board shall be appointed by the governor, three of whom shall
not be members of the general assembly or state government employees.
(2) The board shall develop a
procedure to systematically and regularly review the functions
and duties of all type 1 agencies in accordance with a
schedule that the board shall devise. The board shall establish
criteria for type 1 agencies to determine whether all existing
type 1 agencies should continue as type 1 agencies and
to evaluate the designation of proposed new type 1 agencies.
(3) The board shall select a chairman
from among its members, and it shall meet as often as necessary
to carry out the duties specified in this section.
SECTION 6. 2450103 (2), Colorado Revised Statutes, is amended to read:
2450103. State personnel
board. (2) The board shall
exercise its powers and perform its
duties and functions under the department of personnel and the
state personnel director as if the same were transferred to the
department by a type 1 transfer, as such transfer is defined
in the "Administrative Organization Act of 1968", article
1 of this title BE ADMINISTERED UNDER
THE DIRECTION AND SUPERVISION OF THE DEPARTMENT OF PERSONNEL AND
THE STATE PERSONNEL DIRECTOR, BUT IT SHALL EXERCISE ITS PRESCRIBED
STATUTORY POWERS, DUTIES, AND FUNCTIONS, INCLUDING RULEMAKING,
REGULATION, LICENSING, AND REGISTRATION; THE PROMULGATION OF RULES,
RATES, REGULATIONS, AND STANDARDS; AND THE RENDERING OF FINDINGS,
ORDERS, AND ADJUDICATIONS INDEPENDENTLY OF THE STATE PERSONNEL
DIRECTOR.
SECTION 7. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.