(1) Any provisions of law to the contrary notwithstanding and subject to the provisions of the constitution of the state of Colorado, the head of a principal department shall be appointed by the governor, with the consent of the senate. The head of a principal department shall appoint all subordinate officers and employees of his or her office and the head of each division under his or her department, and the head of each division shall appoint all employees in his or her division, but all appointments made by the head of a principal departmentand heads of divisions shall be made in accordance with section 24-2-102.

(2) In the event that the lieutenant governor is appointed during his or her term of office to concurrently serve as the head of a principal department:

(a) Acceptance or retention of such an appointment shall not result in a forfeiture of the office of lieutenant governor; and

(b) It shall be deemed that holding the office of lieutenant governor while concurrently serving as the head of a principal department is not incompatible, inconsistent, or in conflict with the duties of the lieutenant governor or with the duties, powers, and functions of the head of a principal department.

(3) (a) In the event that the lieutenant governor is appointed during his or her term of office to concurrently serve as the state chief operating officer:

(I) Acceptance or retention of such an appointment shall not result in a forfeiture of the office of lieutenant governor; and

(II) It shall be deemed that holding the office of lieutenant governor while concurrently serving as the state chief operating officer is not incompatible, inconsistent, or in conflict with the duties of the lieutenant governor or with the duties, powers, and functions of the state chief operating officer.

(b) This subsection (3) is repealed, effective January 10, 2019.