The act modernizes and simplifies the terminology used in creating and transferring state government entities among principal departments under the "Administrative Organization Act of 1968" (AOA) and throughout the Colorado Revised Statutes while preserving the status and the powers assigned in current law to entities in the AOA.
The act 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 act 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 act 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 act 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.
The act eliminates references to type 3 transfers, which were previously used when an original entity and its powers, duties, and functions were transferred to another principal department and the original entity was abolished. For entities that are being abolished, the act 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 act also corrects errors in the names of entities to make references consistent throughout the statutes.
(Note: This summary applies to this bill as enacted.)