(1) On
and after July 1, 1995, the department of personnel shall execute, administer,
perform, and enforce the rights, powers, duties, functions, and obligations vested
prior to July 1, 1995, in the department of administration.
(2) (a) On and after July 1, 1995, all positions of employment in the
department of administration concerning the duties and functions transferred to
the department of personnel pursuant to section 24-1-128, this article, and article
30 of this title and determined to be necessary to carry out the purposes of these
articles by the executive director shall be transferred to the department of
personnel and shall become employment positions therein. The executive director
shall appoint such employees as are necessary to carry out the duties and exercise
the powers conferred by law upon the department and the office of the executive
director. Any appointment of employees and any creation or elimination of positions
of employment necessary to carry out the purposes of these articles shall be
consistent with the plan for reorganizing state support services as set forth in part
2 of this article and shall be implemented after the plan or relevant portion of the
plan has been presented to the state support services reorganization committee
pursuant to section 24-50.3-202. Appointing authority may be delegated by the
executive director as appropriate.
(b) On and after July 1, 1995, all employees of the department of
administration whose duties and functions concerned the powers, duties, and
functions transferred to the department of personnel pursuant to section 24-1-128,
this article, and article 30 of this title, regardless of whether the position of
employment in which the employee served was transferred, shall be considered
employees of the department of personnel for purposes of section 24-50-124. Such
employees shall retain all rights under the state personnel system and to
retirement benefits pursuant to the laws of this state, and their services shall be
deemed continuous.
(3) On July 1, 1995, all items of property, real and personal, including office
furniture and fixtures, books, documents, and records of the department of
administration pertaining to the duties and functions transferred to the department
of personnel are transferred to the department of personnel and shall become the
property thereof.
(4) On and after July 1, 1995, whenever the department of administration is
referred to or designated by any contract or other document in connection with the
duties and functions transferred to the department of personnel, such reference or
designation shall be deemed to apply to the department of personnel. All contracts
entered into by the said departments prior to July 1, 1995, in connection with the
duties and functions transferred to the department of personnel are hereby
validated, with the department of personnel succeeding to all rights and obligations
under such contracts. Any cash funds, custodial funds, trusts, grants, and any
appropriations of funds from prior fiscal years open to satisfy obligations incurred
under such contracts shall be transferred and appropriated to the department of
personnel for the payment of such obligations.
(5) On and after July 1, 1995, unless otherwise specified, whenever any
provision of law refers to the department of administration, said law shall be
construed as referring to the department of personnel.
(6) All rules, regulations, and orders of the department of administration
adopted prior to July 1, 1995, in connection with the powers, duties, and functions
transferred to the department of personnel shall continue to be effective until
revised, amended, repealed, or nullified pursuant to law. On and after July 1, 1995,
the executive director shall adopt rules necessary for the administration of the
department and the administration of the administrative support services
transferred to the department pursuant to section 24-1-128, this article, and article
30 of this title. Any rules proposed by the executive director on and after July 1,
1995, necessary to carry out the purposes of these articles shall be consistent with
the plan for reorganizing state support services as set forth in part 2 of this article
and shall be adopted after the plan or relevant portion of the plan has been
presented to the state support services reorganization committee pursuant to
section 24-50.3-202.
(7) No suit, action, or other judicial or administrative proceeding lawfully
commenced prior to July 1, 1995, or that could have been commenced prior to such
date, by or against the department of administration or any officer thereof in such
officer's official capacity or in relation to the discharge of the officer's duties, shall
abate by reason of the transfer of duties and functions from said department to the
department of personnel.
(8) (a) The executive director, or a designee of the executive director, may
accept and expend, on behalf of and in the name of the state, gifts, donations, and
grants for any purpose connected with the work and programs of the department.
Any property so given shall be held by the state treasurer, but the executive
director, or the designee therefor, shall have the power to direct the disposition of
any property so given for any purpose consistent with the terms and conditions
under which such gift was created.
(b) Pursuant to paragraph (a) of this subsection (8), the executive director, or
a designee of the executive director, may expend gifts, donations, and grants that
are custodial funds without further appropriation by the general assembly. Any
gifts, donations, and grants accepted by the executive director, or the designee
thereof, pursuant to paragraph (a) of this subsection (8) that are not custodial funds
are subject to annual appropriation by the general assembly.