(1) There is hereby created the department of labor and employment, the head of which shall be the executive director of the department of labor and employment, which office is hereby created. The governor shall appoint said executive director, with the consent of the senate, and the executive director 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. The executive director shall have the powers, duties, and functions prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of this title.
(1.5) The department of labor and employment shall include, as part of the office of the executive director, the industrial claim appeals office, created by section 8-1-102, C.R.S. Said industrial claim appeals office shall exercise its powers and perform its duties and functions under the department as if transferred thereto by a type 2 transfer.
The industrial commission of Colorado, created by article 1 of title 8, C.R.S., and itspowers, duties, and functions, except those powers, duties, and functions transferred to the state board of pharmacy and the industrial claim appeals office, are transferred by a type 3 transfer to the department of labor and employment, and the industrial commission of Colorado is abolished.
The department of labor and employment consists of the following divisions andprograms:
(a) (I) The division of labor standards and statistics, the head of which is the director of the division of labor standards and statistics, which division and office are hereby created. The division and the director shall exercise their powers and perform their duties and functions specified by law under the department of labor and employment as if they were transferred to the department by a type 2 transfer.
(II) (Deleted by amendment, L. 91, p. 1338, § 55, effective July 1, 1991.)
The division of employment and training, the head of which is the director of thedivision of employment and training. The division, created by article 83 of title 8, C.R.S., and the director of the division shall exercise their powers, duties, and functions under the department of labor and employment as if transferred by a type 2 transfer.
Repealed.
(I) The division of workers' compensation, the head of which shall be the director ofthe division of workers' compensation. Said division, created by section 8-47-101, C.R.S., and the director thereof, shall exercise their powers, duties, and functions under the department of labor and employment as if transferred thereto by a type 2 transfer.
(II) Repealed.
The division of oil and public safety, the head of which shall be the director of thedivision of oil and public safety, which division and office are created pursuant to section 8-20101, C.R.S. The division and the director shall exercise their powers and perform their duties and functions specified by law under the department of labor and employment as if the same were transferred to the department by a type 2 transfer.
The state work force development council, created by article 46.3 of this title, whichshall exercise its powers and perform its duties and functions under the department of labor and employment as if the same were transferred to the department by a type 2 transfer.
The division of unemployment insurance, the head of which is the director of thedivision of unemployment insurance. The division, created in article 71 of title 8, C.R.S., and the director of the division shall exercise their powers, duties, and functions under the department of labor and employment as if transferred by a type 2 transfer.
The powers, duties, and functions relating to vocational rehabilitation programs, including the business enterprise program, which are transferred by a type 2 transfer to the department of labor and employment.
The powers, duties, and functions relating to the oversight of independent living services pursuant to article 85 of title 8, C.R.S., are transferred by a type 2 transfer.
The underground damage prevention safety commission created by section 9-1.5104.2. The commission and its powers, duties, and functions are transferred by a type 2 transfer to the department of labor and employment.
(4) The division of oil and public safety shall include the following:
Repealed.
The division of boiler inspection, created by article 4 of title 9, C.R.S. Said divisionand its powers, duties, and functions are transferred by a type 2 transfer to the department of labor and employment and allocated to the division of oil and public safety as a section thereof. (c) (Deleted by amendment, L. 2001, p. 1113, § 2, effective June 5, 2001.) (d) and (e) Repealed.
(5) The petroleum storage tank committee shall exercise its powers and perform the duties and functions specified by article 20.5 of title 8, C.R.S., under the department of labor and employment and the executive director thereof as if the same were transferred to the department by a type 1 transfer.
Source: L. 68: p. 84, § 21. L. 69: p. 567, § 1. C.R.S. 1963: § 3-28-21. L. 71: p. 104, § 11. L. 73: p. 935, § 25. L. 75: (4)(d) repealed, p. 443, § 6, effective April 15; (4)(e) added, p. 214, § 41, effective July 16. L. 76: (3)(b) amended, p. 352, § 21, effective October 1. L. 77:
(3)(b) amended, p. 281, § 30, effective July 1. L. 80: (4)(e) repealed, p. 451, § 6, effective April 13. L. 83: (3)(a) and (3)(b) amended, p. 404, § 3, effective May 25. L. 86: (3)(c) repealed, p. 540, § 54, effective May 3; (1) amended, p. 885, § 8, effective May 23; (1.5) added and (2) R&RE, p. 463, §1, effective July 1. L. 87: (4)(a) repealed, p. 378, § 4, effective May 20. L. 89: (3)(a) amended, p. 379, § 3, effective July 1. L. 90: (3)(a)(II)(A) amended, p. 567, § 44, effective July 1. L. 91: (3) amended, p. 1338, § 55, effective July 1. L. 94: (1) amended, p. 564, § 7, effective April 6. L. 95: (5) added, p. 419, § 7, effective July 1. L. 2001: (3)(e) added and IP(4), (4)(b), and (4)(c) amended, p. 1113, §§ 1, 2, effective June 5. L. 2008: (3)(f) added, p. 1290, § 3, effective July 1. L. 2012: IP(3) and (3)(b) amended and (3)(g) added, (HB 12-1120), ch. 27, p. 77, § 1, effective June 1. L. 2015: IP(3) amended and (3)(h) added, (SB 15-239), ch. 160, p. 487, § 5, effective July 1, 2016. L. 2016: (3)(i) added, (SB 16-093), ch. 54, p. 132, § 2, effective March 23; (3)(a)(I) amended, (HB 16-1323), ch. 131, p. 380, § 16, effective August 10. L. 2018: (3)(j) added, (SB 18-167), ch. 256, p. 1577, § 10, effective August 8.
Editor's note: (1) Subsection (3)(d)(II)(B) provided for the repeal of subsection (3)(d)(II), effective July 1, 1992. (See L. 91, p. 1338.)
Subsection (3)(c) was repealed, effective July 1, 1987, prior to subsection (3) beingamended in 1991.
The effective date for amendments to this section by House Bill 12-1120 (chapter 27,Session Laws of Colorado 2012) was changed from August 8, 2012, to June 1, 2012, by House Bill 12S-1002 (First Extraordinary Session, chapter 2, p. 2432, Session Laws of Colorado 2012.)
Cross references: For the legislative declaration in SB 15-239, see section 1 of chapter 160, Session Laws of Colorado 2015.