S.B. 94-8 Local government mineral impact fund - state agency spending authority. Prohibits a state agency from spending moneys received from the local government mineral impact fund without a separate appropriation. Makes certain exceptions for local government emergencies.
APPROVED by Governor April 19, 1994
EFFECTIVE April 19, 1994
S.B. 94-31 Conservation magazine - distribution of associated informational products - competition with a private business. Allows the division of wildlife to distribute informational products associated with the conservation magazine distributed by the division. Specifies that the funds for development of the associated products shall come from the Colorado outdoors magazine revolving fund. Requires any person who sells the magazine and associated products to do so pursuant to a contract with the division. Deletes language from the law which specifically provided how much a distributor may be paid. Increases the amount which is required to be in the Colorado outdoors magazine revolving fund before the excess reverts to the wildlife cash fund. If a private business is producing a product which the division is not producing, specifies that the division shall not compete with such private business for so long as the product remains available from the private business.
APPROVED by Governor May 22, 1994
EFFECTIVE May 22, 1994
S.B. 94-39 Lode or placer mining claim - federal claim rental fee - affidavit of payment. Provides that a person on whose behalf an annual claim rental fee is paid pursuant to federal requirement may make and record an affidavit of such payment with the clerk and recorder of the county wherein the claim is situate. Provides that the affidavit of payment shall be prima facie evidence of such payment for the purpose of maintaining the claim.
APPROVED by Governor April 14, 1994
EFFECTIVE April 14, 1994
S.B. 94-66 Wildlife - hunting and fishing licenses - issuance of low-cost youth licenses. Allows Colorado residents and nonresidents under 16 years of age to obtain a combination youth small game hunting, furbearer, and fishing license for $1.00, or a youth big game license entitling the holder to hunt deer, elk, or antelope for $10 for a Colorado resident, or $75 for a nonresident, per species. States that these prices include the search and rescue fund surcharge applicable to licenses generally. Requires applicants to show proof of completion of a hunter education course and, except when hunting small game or furbearers under the regular small game or furbearer license, to hunt only when accompanied by, and in voice and reasonable visual contact with, a person 18 years of age or older who holds a hunter education certificate or who was born before 1949.
Changes the minimum age for hunting big game from 14 to 12 and the maximum age for fishing without a license from 15 to 16. Allows holders of a combination youth small game hunting, furbearer, and fishing license to take 1/2 of the generally applicable bag limit of small game or furbearers and 1/2 of the generally applicable possession limit of fish.
APPROVED by Governor May 22, 1994
EFFECTIVE May 22, 1994
S.B. 94-137 Wildlife - hunting - possession of raptors - licenses - violations -penalties - disposition of fines - residency requirements - interstate compacts -zoological parks - duck stamp program. Adds "hunting", as distinguished from "taking", of wildlife to the activities regulated by the division of wildlife. Defines "hunting" to mean pursuing, attracting, stalking, or attempting to kill or capture an animal for the purpose of taking it. Amends and clarifies the definition of a "resident" for licensing purposes. Includes within the definition of an illegal "transfer" of a hunting license the receipt of such license. Treats the provision of unregistered outfitting services for monetary gain as an illegal sale of wildlife.
Directs the wildlife commission to pursue the establishment of reciprocal agreements with other states and Canada regarding the taking, use, and transportation of raptors. Provides for the issuance of nonresident raptor licenses for fees commensurate with the fees charged by other states and Canadian provinces. Requires the commission to report annually to the general assembly on the status of the peregrine falcon population in Colorado until such time as the species is removed from the lists of threatened and endangered species.
Allows license agents to post a performance bond in an amount less than the full value of licenses consigned if adequate to ensure remittance of all amounts due. Allows the commission to reduce license fees when coordinated state and federal regulation of a licensed activity results in administrative cost savings and to adopt rules authorizing refunds of moneys received in payment for licenses.
Creates a new license classification for zoological parks, setting forth minimum criteria such as the maintenance of regular hours, double fencing requirements, and disease testing procedures for animals brought into a park.
Allows consideration of more than 5 alternative designs for the migratory waterfowl stamp. Eliminates the requirement that designs be preselected and submitted by publishers, but retains the requirement that at least one of the designs considered for final selection be the work of a Colorado artist.
Directs that, where a citation is issued by a peace officer not employed by the division of wildlife, one-half of the amount collected in fines for the violation be returned to the local governmental unit or agency whose officer issued the citation.
Implements the interstate "Wildlife Violator Compact" and amends enforcement provisions. Allows service of notice of hearings and license suspensions via certified mail. Authorizes the wildlife commission to delegate its license suspension authority to a hearing examiner, subject to appeal of the hearing examiner's decision. Amends provisions setting forth penalties for illegal taking of wildlife.
APPROVED by Governor May 31, 1994
EFFECTIVE May 31, 1994
S.B. 94-177 Oil and gas conservation commission - composition - powers and duties - protection of public health and the environment - enforcement - penalties - appropriation. States that the purpose of the act is to address the regulatory and enforcement authority of the Colorado oil and gas conservation commission and that nothing in the act shall be construed to affect the existing land use authority of local governmental entities.
Increases the number of members on the commission from 6 to 7 and changes the training and experience qualifications for members. Requires that one member reside west of the continental divide.
Gives the commission the authority to regulate oil and gas operations so as to prevent and mitigate significant adverse environmental impacts on any air, water, soil, or biological resource resulting from oil and gas operations. Authorizes the commission to promulgate rules on the conduct of oil and gas operations to ensure proper reclamation of land and soil affected by oil and gas operations and to ensure protection of the topsoil.
Directs the commission to require every operator to provide assurance that it is financially capable of fulfilling any obligation imposed by rule to protect the health, safety, and welfare of the public in the conduct of oil and gas operations or to ensure proper reclamation of land and soil and protect topsoil during such operations. Specifies various methods of demonstrating such financial assurance.
Requires the commission to provide a means for the giving of reasonable advance notice of the commencement of oil and gas operations to the appropriate local governmental and surface owners whose lands will be affected. Permits the commission to assign its inspection and monitoring functions but not its enforcement authority through intergovernmental agreement or by private contract; except that no such assignment shall allow for the imposition of any new tax or fee by the assignee or give the assignee a contingent fee based on the number of alleged violations referred to the commission.
Increases the time period for notification of a commission hearing to issue rules or orders from 10 to 20 days.
Establishes a $1,000-per-day maximum penalty for violations of the "Oil and Gas Conservation Act", a rule or order of the commission, or of any permit, subject to a $10,000 aggregate limit in the case of violations which do not result in significant waste of oil and gas resources, damage to correlative rights, or adverse impact on public health, safety, or welfare. Directs the commission to promulgate rules which establish a penalty schedule appropriate to the nature of the violation and provide for consideration of aggravating or mitigating circumstances. Sets forth procedures for collection of penalties.
Authorizes the commission to issue a cease and desist order if an operator fails to take corrective action or where an emergency situation results from a violation, and to issue other orders where necessary to mitigate significant adverse environmental impacts.
Increases the amount of the unobligated portion of the oil and gas environmental response fund from $500,000 to $1,000,000. Eliminates the requirement for producers or purchasers to provide information regarding the percentage interest of each owner of interest in oil and gas. Allows expenditures from the fund for investigation, prevention, monitoring, and mitigation of conditions that cause or threaten to cause adverse environmental impacts.
Relocates provisions relating to the mitigation of adverse environmental impacts. Requires the commission to provide reasonable notice, except in emergency situations, before entering lands or waters in connection with an investigation of such impacts. Allows the commission to confiscate and sell, subject to any prior liens, equipment abandoned by an operator or other responsible party at a site where oil and gas operations have caused significant adverse environmental impacts. Defines "responsible party". Allows the commission to sue responsible parties for costs of mitigation. Makes responsible parties liable only for a proportionate share of such costs and not jointly and severally liable for the full amount.
Appropriates $255,847 and 4.0 FTE from the oil and gas environmental response fund to the department of natural resources, for allocation to the oil and gas conservation commission, for the implementation of the act.
Appropriates $10,360 and 0.2 FTE to the department of law for the provision of legal services to the oil and gas conservation commission for the purposes of the act.
APPROVED by Governor June 2, 1994
EFFECTIVE June 2, 1994
S.B. 94-213 Division of wildlife - acquisition of land - Routt county. Authorizes the division of wildlife to acquire certain described land in Routt county.
Appropriates of $400,000 out of the wildlife cash fund for the acquisition. Makes the appropriation subject to reduction by any amount received from federal sources.
APPROVED by Governor May 31, 1994
EFFECTIVE May 31, 1994
S.B. 94-219 State land leases - agriculture - bond not required. Provides that a person leasing state lands solely for agricultural purposes is not required to post a bond against loss of rent, waste of such lands, or occupation of lands after cancellation or expiration of the lease.
APPROVED by Governor May 31, 1994
EFFECTIVE May 31, 1994
H.B. 94-1015 River outfitters - regulation - continuation under sunset law - appropriation. Continues the regulatory authority of the board of parks and outdoor recreation and the division of parks and outdoor recreation in the department of natural resources over river outfitters, subject to the provisions of the sunset law.
Expands the scope of coverage of activities regulated by the river outfitter laws. Sets forth requirements concerning the advertisement of regulated trips. Specifically excludes any person from regulation who is conducting a trip exclusively for friends or family. Authorizes the board of parks and outdoor recreation to adopt certain regulations. Recreates an advisory board to make recommendations to the board concerning regulations.
Grants the director of the division of parks and outdoor recreation the power to grant variances to river outfitters from regulations adopted by the board under certain conditions.
Removes the requirement that guides, trip leaders, and guide instructors receive first-aid cards exclusively from the American Red Cross.
Prohibits persons from operating or controlling a vessel during a regulated trip if such person is under the influence of drugs, alcohol, or a combination of drugs and alcohol.
Empowers the division of parks and outdoor recreation to issue a cease and desist order to any party who is violating the law. Provides remedies to persons who are the object of a cease and desist order. Allows the board to place a licensee on probation or to issue a letter of admonition to a licensee or applicant under certain specified circumstances. Sets forth certain violations for which a license may be denied, suspended, or revoked. Allows a licensee who has been the subject of a disciplinary action to appeal to the court of appeals.
Repeals all regulations adopted by the board of parks and outdoor recreation related to the regulation of river outfitters and requires that such regulations be reviewed and repromulgated as necessary. Creates the river outfitters cash fund into which fees collected pursuant to these regulations are deposited and out of which appropriations are made.
Extends the automatic termination date of the licensing function of river outfitters through the division of parks and outdoor recreation to July 1, 2004, pursuant to the sunset law. Provides for the termination of the advisory board subject to review pursuant to the sunset law.
Appropriates $5,625 from the river outfitters cash fund to the department of natural resources for allocation to the division of parks and outdoor recreation for the implementation of this act. From such amount, appropriates $3,473 to the department of administration and $1,158 to the department of law for the implementation of the act.
APPROVED by Governor May 22, 1994
EFFECTIVE July 1, 1994
H.B. 94-1188 Search and rescue activities - hiking certificate - fee - search and rescue fund - uncompensated searches - appropriations. Requires the division of wildlife to offer a hiking certificate to hikers, backpackers, mountain and trail bikers, and cross country skiers. States that each hiking certificate shall cost $1.00 and be valid for one year. Authorizes the division to issue a multi-year certificate for a period not to exceed 5 years, which may be offered at a reduced rate. Requires the division to transmit $0.25 of each one-dollar fee to the state treasurer for crediting to the search and rescue fund. Provides that an amount to be determined shall be credited to the wildlife cash fund and the balance of the certificate fee shall be credited to the nongame and endangered wildlife cash fund.
Eliminates the requirement that any balance in the search and rescue fund at year end that exceeds $300,000 must be transferred to the wildlife cash fund for fisheries and wildlife enhancement activities.
Requires the division to include uncompensated searches for families of persons holding hiking certificates when dividing the balance remaining in the search and rescue fund among the counties for uncompensated searches.
Prohibits the division from using search and rescue fund moneys to compensate counties for motor vehicles that are designed primarily for travel on the public highways. Clarifies that reimbursable costs include those expended for private and nonprivate helicopter service.
Appropriates $32,956 from the division of wildlife cash fund to the department of natural resources, for allocation to the division of wildlife, for the implementation of the act.
Appropriates $200,000 from the search and rescue fund to the department of natural resources, for allocation to the division of wildlife, for the implementation of the act.
APPROVED by Governor May 31, 1994
EFFECTIVE January 1, 1995
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