Colorado § 26.5-1-106 - Transfer of functions - employees - property - contracts.

§ 26.5-1-106. Transfer of functions - employees - property - contracts.

(1) (a) (I) On and after July 1, 2022, the department is responsible for executing, administering, performing, and enforcing the rights, powers, duties, functions, and obligations vested before July 1, 2022, in:

(A) The office within the department of human services that is responsible for early childhood programs and services; and

(B) The department of education concerning early childhood workforce development, including the professional development information system.

(II) The rights, powers, duties, functions, and obligations concerning a statewide preschool program are transferred, effective July 1, 2022, to the department to the extent necessary to establish and authorize enrollment in the Colorado universal preschool program, as provided in part 2 of article 4 of this title 26.5 for the 2023-24 school year, and are fully transferred to the department, effective July 1, 2023. The department of education retains such rights, powers, duties, functions, and obligations as are necessary to operate the existing Colorado preschool program pursuant to article 28 of title 22, as it exists prior to July 1, 2023, for the 2022-23 school year.

(b) The department shall enter into memoranda of understanding, interagency agreements, or both, as appropriate, with the department of human services and the department of education to provide for the timely transfer of powers, duties, personnel, property, records, appropriations, and other funding as necessary to accomplish the complete transfer of the rights, powers, duties, functions, and obligations to the department as described in subsection (1)(a) of this section.

(c) The rules pertaining to the powers, duties, functions, and obligations transferred to the department pursuant to subsection (1)(a) of this section that are adopted by the department of human services, the state board of human services, or the state board of education and are in effect as of July 1, 2022, continue in effect and apply to the department and persons or entities licensed or providing services pursuant to this title 26.5 until replaced by rules adopted by the executive director pursuant to section 26.5-1-105.

(2) Beginning July 1, 2022, the positions of employment in the department of human services and the department of education concerning the powers, duties, and functions transferred to the department of early childhood pursuant to this part 1 and determined by the executive director to be necessary to carry out the purposes of this title 26.5, including positions of employment related to technology support, are transferred to the department of early childhood and become positions of employment in that department. The executive director, or the executive director's designee, shall establish the actual date of said transfers in memoranda of understanding, interagency agreements, or both, as appropriate, entered into between the department of early childhood and the department of human services or the department of education, as applicable, pursuant to subsection (1)(b) of this section.

(3) Beginning July 1, 2022, all items of property, real and personal, including office furniture and fixtures, books, documents, records, and information systems with the supporting hardware, software, licenses, and data, of the department of human services and the department of education pertaining to the powers, duties, and functions transferred to the department of early childhood pursuant to this part 1 are transferred to the department of early childhood and become the property of said department. The executive director, or the executive director's designee, shall establish the actual date of said transfers in memoranda of understanding, interagency agreements, or both, as appropriate, entered into between the department of early childhood and the department of human services or the department of education, as applicable, pursuant to subsection (1)(b) of this section.

(4) Effective July 1, 2022, if the department of human services or the department of education is referred to or designated by a contract or other document in connection with the powers, duties, and functions transferred to the department of early childhood pursuant to this part 1, such reference or designation is deemed to apply to the department of early childhood. All contracts entered into by the said departments before July 1, 2022, in connection with the powers, duties, and functions transferred to the department of early childhood pursuant to this part 1 are hereby validated, with the department of early childhood succeeding to all rights and obligations under said contracts. Any money that was previously received or appropriated, and remains available, to satisfy obligations incurred under said contracts is transferred and further appropriated to the department of early childhood for the payment of said obligations.

(5) On and after July 1, 2022, unless otherwise specified, if a provision of law refers to the department of human services with regard to the powers, duties, or functions specified in subsection (1)(a)(I)(A) of this section or to the department of education with regard to the powers, duties, or functions specified in subsection (1)(a)(I)(B) or (1)(a)(II) of this section, said law is construed as referring to the department of early childhood.

(6) On and after July 1, 2022, unless otherwise specified, all claims and liabilities, including costs, relating to the performance of the department of human services with regard to the powers, duties, or functions specified in subsection (1)(a)(I)(A) of this section or to the department of education with regard to the powers, duties, or functions specified in subsection (1)(a)(I)(B) or (1)(a)(II) of this section are transferred to and assumed by the department of early childhood, exclusively through the department of early childhood, and no other public entity or agency is responsible or liable for any such claims, liabilities, or damages.

(7) The executive director, or the executive director's designee, may seek, accept, and expend, on behalf of and in the name of the state, gifts, grants, and donations for any purpose connected with the powers, duties, and functions of the department. The state treasurer shall hold any property so given, but the executive director, or the executive director's designee, may direct the disposition of any property so given for any purpose consistent with the terms and conditions under which the gift was created.

Source: L. 2022: Entire section added, (HB 22-1295), ch. 123, p. 571, § 2, effective April 25. L. 2023: (7) amended, (HB 23-1235), ch. 434, p. 2543, § 1, effective June 7.