Colorado § 24-1-128.7 - Department of transportation - creation.

§ 24-1-128.7. Department of transportation - creation.

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

(2) The transportation commission, created in part 1 of article 1 of title 43, 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 transportation.

(3) The department of transportation consists of the following divisions:

(a) The 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, created in part 1 of article 1 of title 43, 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 transportation.

(b) The aeronautics division, the head of which is the director of the aeronautics division. The aeronautics division and the office of the director, created in article 10 of title 43, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of transportation. The responsibilities of the department of transportation and the aeronautics division include the powers, duties, and functions of the division of aviation, formerly under the authority of the department of military and veterans affairs.

(c) The transportation development division, the head of which is the director of the transportation development division. The transportation development division and the office of the director, created in part 1 of article 1 of title 43, 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 transportation.

(d) The engineering, design, and construction division, the head of which is the chief engineer. The engineering, design, and construction division and the office of the chief engineer, created in part 1 of article 1 of title 43, 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 transportation.

(e) The transit and rail division created in part 1 of article 1 of title 43, the head of which is the director of the transit and rail division. The transit and rail division and the office of the director of the division 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 transportation and the executive director of the department.

(4) The powers, duties, and functions of the department of transportation include the powers, duties, and functions of the state department of highways, created in section 24-1-126, prior to its repeal in 1991, and the state department of highways is abolished.

(5) The statewide bridge and tunnel enterprise created in section 43-4-805 (2) 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 transportation.

(6) (a) The high-performance transportation enterprise, created in section 43-4-806 (2)(a), 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 transportation.

(b) The powers, duties, and functions of the department of transportation and the high-performance transportation enterprise include the powers, duties, and functions of the statewide tolling enterprise, created in the transportation commission pursuant to section 43-4-803 (1), prior to the repeal and reenactment of said section by Senate Bill 09-108, enacted in 2009, and the statewide tolling enterprise is abolished.

(7) and (8) Repealed.

(9) The clean transit enterprise, created in section 43-4-1203, 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 transportation.

(10) The nonattainment area air pollution mitigation enterprise, created in section 43-4-1303, 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 transportation.

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. L. 2021: (5) amended and (9) and (10) added, (SB 21-260), ch. 250, p. 1366, § 4, effective June 17; (8)(c) added by revision, (SB 21-238), ch. 401, pp. 2673, 2674, §§ 2, 6. L. 2022: (2), (3), (4), (5), (6), (9), and (10) amended, (SB 22-162), ch. 469, p. 3429, § 217, effective August 10.

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

(2) Subsection (8)(c) provided for the repeal of subsection (8), effective May 15, 2022. (See L. 2021, p. 2673.)

Cross references: (1) For the legislative declaration contained in the 2002 act amending subsection (3)(b), see section 1 of chapter 121, Session Laws of Colorado 2002. For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.

(2) For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.