Department of transportation - creation.

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(1) There is hereby created a department of transportation, the head of which shall be the executive director of the department of transportation.

  1. The transportation commission, created by part 1 of article 1 of title 43, C.R.S., andits powers, duties, and functions are transferred by a type 1 transfer to the department of transportation.

  2. The department of transportation consists of the following divisions:

  1. Highway maintenance division, the head of which is the director of the highway maintenance division. The highway maintenance division and the office of the director thereof, created by part 1 of article 1 of title 43, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of transportation.

  2. Aeronautics division, the head of which shall be the director of the aeronautics division. The aeronautics division and the office of the director thereof, created by article 10 of title 43, C.R.S., and their powers, duties, and functions are transferred by a type 1 transfer to the department of transportation. The powers, duties, and functions of the division of aviation of the department of military and veterans affairs are transferred by a type 1 transfer to the department of transportation and allocated to the aeronautics division.

  3. Transportation development division, the head of which shall be the director of thetransportation development division. The transportation development division and the office of the director thereof, created by part 1 of article 1 of title 43, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of transportation.

  4. Engineering, design, and construction division, the head of which shall be the chiefengineer. The transportation development division and the office of the chief engineer, created by part 1 of article 1 of title 43, C.R.S., and their powers, duties, and functions are transferred by a type 2 transfer to the department of transportation.

  5. The transit and rail division created in part 1 of article 1 of title 43, C.R.S., the headof which shall be the director of the transit and rail division. The transit and rail division and the office of the director of the division shall exercise their powers and perform their duties and functions under the department of transportation and the executive director of the department as if the same were transferred thereto by a type 2 transfer.

  1. The state department of highways, created by section 24-1-126, prior to its repeal in1991, and its powers, duties, and functions, are transferred by a type 3 transfer to the department of transportation, pursuant to the provisions of this article, and the state department of highways is abolished.

  2. The statewide bridge enterprise created in section 43-4-805 (2), C.R.S., shall exerciseits powers and perform its duties and functions as if the same were transferred by a type 1 transfer, as defined in section 24-1-105, to the department of transportation.

  3. (a) The high-performance transportation enterprise created in section 43-4-806 (2)(a), C.R.S., shall exercise its powers and perform its duties and functions as if the same were transferred by a type 1 transfer, as defined in section 24-1-105, to the department of transportation.

(b) The statewide tolling enterprise, created by the transportation commission pursuant to section 43-4-803 (1), C.R.S., prior to the repeal and reenactment of said section by Senate Bill 09-108, enacted in 2009, and its powers, duties, and functions are transferred by a type 3

transfer, as defined in section 24-1-105, to the high-performance transportation enterprise created in section 43-4-806 (2)(a), C.R.S., and the statewide tolling enterprise is abolished.

  1. Repealed.

  2. (a) The southwest chief and front range passenger rail commission created in section 43-4-1001 (2)(a) shall exercise its powers and perform its duties and functions as if the same were transferred by a type 1 transfer, as defined in section 24-1-105, to the department of transportation.

(b) The southwest chief rail line economic development, rural tourism, and infrastructure repair and maintenance commission created in section 43-4-1001 (4) prior to the repeal and reenactment of said section by Senate Bill 17-153, enacted in 2017, and its powers, duties, and functions are transferred by a type 3 transfer, as defined in section 24-1-105, to the southwest chief and front range passenger rail commission created in section 43-4-1001 (2)(a) and the southwest chief rail line economic development, rural tourism, and infrastructure repair and maintenance commission is abolished.

Source: L. 91: Entire section added, p. 1055, § 6, effective July 1. L. 92: (4) amended, p. 2176, § 33, effective June 2. L. 2002: (3)(b) amended, p. 358, § 13, effective July 1. L. 2009: (5) and (6) added, (SB 09-108), ch. 5, p. 48, § 2, effective March 2; (3)(e) added, (SB 09-094), ch. 280, p. 1249, § 1, effective May 20. L. 2014: (7) added, (HB 14-1161), ch. 185, p. 690, § 2, effective August 6. L. 2015: IP(3) and (3)(a) amended, (HB 15-1209), ch. 64, p. 173, § 1, effective March 30. L. 2017: (8) added, (SB 17-153), ch. 225, p. 865, § 1, effective July 1.

Editor's note: Subsection (7)(b) provided for the repeal of subsection (7), effective July 1, 2017. (See L. 2014, p. 690.)

Cross references: For the legislative declaration contained in the 2002 act amending subsection (3)(b), see section 1 of chapter 121, Session Laws of Colorado 2002.


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