(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(b) Repealed.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) (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) (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) Repealed.
(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 safety 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: L. 83: Entire section added, p. 960, � 3, effective July 1, 1984. L. 86: (1) amended, p. 886, � 13, effective May 23. L. 87: (2)(g) added, p. 1569, � 2, effective
July 1. L. 90: (3) added, p. 1220, � 3, effective May 31. L. 92: (2)(e) and (3) repealed, p.
1011, � 2, effective March 12. L. 93: (4) added, p. 1323, � 3, effective June 6. L. 95: (5)
added, p. 1346, � 2, effective June 5. L. 99: (2)(g) repealed, p. 437, � 7, effective
April 30. L. 2002: (2)(f) amended and (2)(h) added, p. 1204, � 1, effective June 3. L.
2006: (6) added, p. 1298, � 2, effective May 30. L. 2007: (8) added, p. 1105, � 2,
effective May 23; (7) added, p. 1897, � 4, effective June 1. L. 2009: (9) added, (SB
09-047), ch. 129, p. 556, � 3, effective July 1. L. 2012: IP(2), (2)(h), and (4) amended,
(2)(b) repealed, and (2)(i) added, (HB 12-1283), ch. 240, p. 1068, � 7, effective July 1;
(2)(a) amended, (HB 12-1019), ch. 135, p. 464, � 2, effective July 1. L. 2014: (4)
amended, (HB 14-1004), ch. 11, p. 101, � 1, effective February 27; (8) RC&RE, (HB 14-1363), ch. 302, p. 1267, � 21, effective May 31. L. 2018: (8)(b) amended, (HB 18-1287),
ch. 318, p. 1909, � 2, effective May 30. L. 2022: (2)(a), (2)(c), (2)(d), (2)(h), (2)(i),
IP(4)(a), (5), (6), (7), (8)(a), and (9) amended, (SB 22-162), ch. 469, p. 3424, � 206,
effective August 10; (2)(h)(II)(B) and (2)(h)(II)(C) amended and (2)(h)(II)(D) added, (HB
22-1353), ch. 479, p. 3497, � 6, effective July 1, 2023. L. 2023: (10) and (11) added,
(SB 23-241), ch. 120, p. 449, � 14, effective April 27. L. 2025: (6) repealed, (SB 25-179), ch. 322, p. 1695, � 5, effective August 6.