S.B. 95-44 Recreational trails system - board of parks and outdoor recreation members' term limits deleted - recreational trails committee membership - snowmobiles and off-highway vehicles. Deletes the limitation on the number of terms members of the board of parks and outdoor recreation may serve. Adds that such board may grant funds to nonprofit organizations for recreational trail purposes. Adds one member to the Colorado recreational trails committee to be appointed from the public at large.
Modifies snowmobile and off-highway vehicle registration fees for registration periods beginning on and after July 1, 1995. Removes the authority to issue special snowmobile registrations. Requires snowmobile dealers to have purchasers complete a registration application and pay the registration fee at the time a snowmobile is purchased and provides for a class 2 petty offense, including a fine of $50, upon the dealer's noncompliance.
Changes the penalty from a misdemeanor to a class 2 petty offense and increases the fine from $25 to $35 for violating the snowmobile and off-highway vehicle registration laws. Requires the reporting of off-highway vehicle accidents, limits the circumstances under which a snowmobile accident must be reported, and changes the penalty for failing to report a snowmobile or off-highway vehicle accident from a misdemeanor to a class 2 petty offense.
Clarifies that the federal government determines which routes on federal lands are authorized for off-highway vehicle use.
APPROVED by Governor April 27, 1995
EFFECTIVE July 1, 1995
S.B. 95-119 Moose hunting license raffle - appropriation. Allows the division of wildlife annually to issue 2 licenses for hunting shiras moose by auction or raffle in the same manner and pursuant to the same criteria for issuing rocky mountain big horn sheep and rocky mountain goat licenses. Requires all proceeds from the auction or raffle to be used for shiras moose special projects, research, habitat development, or educational projects.
Appropriates $10,000 to the department of natural resources for allocation to the division of wildlife for the implementation of the act.
APPROVED by Governor May 16, 1995
EFFECTIVE May 16, 1995
S.B. 95-156 Mined land reclamation - construction materials - appropriation. Creates the "Colorado Land Reclamation Act for the Extraction of Construction Materials". Requires the costs of land reclamation to bear a reasonable relationship to the environmental benefits derived from the reclamation efforts.
Grants the board of mined land reclamation (the "board") and the office of mined land reclamation (the "office") the authority to approve reclamation permits for construction material mining. Requires a mine operator to obtain a permit from the board or the office prior to extracting construction material. Allows operators to continue extracting materials under permits issued prior to and valid as of July 1, 1995.
Specifies the procedure for obtaining reclamation permits, including:
Establishes an expedited application process for limited-impact operations, procedures for broadening a limited-impact permit, and composite applications for mines operated by a local government. Creates an expedited process for operations that extract highway materials under a government contract.
Specifies procedures for conducting exploration operations, including:
Establishes procedures for persons to file objections to and statements in support of permit requests and to petition for a hearing on any permit request. Sets the procedures and timelines for board action on permit requests and grounds for denying permit requests.
Specifies the duties of an operator in performing reclamation under the reclamation plan, including submittal of annual fees, reports, and maps. States the requirements for reclamation plans. Establishes the required performance and financial warranties that each operator must submit, the procedures for release of said warranties, and the notice requirements for financial warrantors. Specifies the grounds and procedures for forfeiture of financial warranties and procedures by the attorney general to recover secured amounts.
Authorizes the board and the office to enter and inspect lands of an operator to ensure compliance with the act. Requires operators to notify the office of any situation that poses a danger to persons or property.
Requires that fees, assessments, and 5% of forfeited financial warranties be deposited in the mined land reclamation fund, that civil penalties be deposited into the general fund, and that 95% of forfeited financial warranties be deposited into a special fund for reclaiming lands.
Authorizes the office or board to issue a cease and desist order to any person who operates without a valid permit or violates the act and to impose a civil penalty on such person. Establishes procedures for notifying persons of violations of the act. Authorizes the board or office to request the attorney general to bring suit for permanent relief if a person violating the act fails to comply with imposed sanctions. Authorizes the board, after a hearing, to suspend, modify, or revoke a permit. Establishes the permit fee amounts.
Makes an appropriation of $6,012 to the department of natural resources for legal services relating to the implementation of the act.
APPROVED by Governor May 31, 1995
EFFECTIVE July 1, 1995
S.B. 95-194 State land board administration fund - continuation - appropriation. Revises the formula by which moneys are allocated to the state land board administration fund. Effective July 1, 1995, such allocations are limited to 106% of the aggregate amount appropriated to the state land board administration fund and the land and water management fund during the 1994-95 fiscal year. For years beginning after July 1, 1995, the allocation shall be limited to 106% of the immediately preceding year's allocation.
Extends the automatic termination date of the appropriation provisions for the state land board administration fund until June 30, 2000. Repeals the sunset date for the state board of land commissioners land and water management fund.
Appropriates $75,000 to the state board of land commissioners for the implementation of the act.
APPROVED by Governor May 16, 1995
EFFECTIVE May 16, 1995
S.B. 95-196 Parks and outdoor recreation laws - enforcement powers - penalty changes. Clarifies that the functions and powers of the division of parks and outdoor recreation ("division") and the board of parks and outdoor recreation include the enforcement of laws concerning river outfitters. Adds that a person who violates any river outfitter law that does not have a specific penalty is guilty of a class 2 petty offense. Specifies that the procedures for prosecuting persons who violate parks and outdoor recreation laws apply to petty offenses as well as misdemeanors and to violations of river outfitter laws. Applies the procedures for disposition of fines for violating parks and outdoor recreation laws to fines for violating the river outfitter laws.
Adds that a person who violates park and recreation area rules may be required to leave the area for a 24-hour period. Extends the time period in which an offender must pay a fine for parks and outdoor recreation violations from 15 to 20 days. Increases the fine for eluding a parks and recreation officer or other division officer from $100 to $300.
Changes the penalty for the following violations from a misdemeanor to a class 2 petty offense:
Increases the penalty for starting or maintaining an unlawful fire from $50 to $100. Adds a misdemeanor violation and $1,000 penalty for starting or maintaining a fire in a careless or reckless manner with a lack of due regard for the fire hazard or with a wanton and willful disregard for the safety of persons and property. Eliminates the violation for reckless operation of a motor vehicle on property under the control of the division, which violation is also provided in the "Uniform Safety Code of 1935". Applies to acts committed on or after July 1, 1995.
APPROVED May 25, 1995
EFFECTIVE July 1, 1995
H.B. 95-1080 Search and rescue fund - transfer of duties - rules - board membership increase - appropriations. Transfers from the division of wildlife and the wildlife commission to the department of local affairs the search and rescue fund duties and responsibilities relating to claim submittal, claim reimbursement, rules for claim procedures and year-end grant applications, and distribution of moneys remaining at the close of the fiscal year. Transfers personal property of the division of wildlife and the wildlife commission relating to the transferred duties to the department of local affairs.
Validates and continues, under the jurisdiction of the department of local affairs, existing rules and orders adopted by the wildlife commission relating to the search and rescue fund until they are amended, nullified, or replaced. Requires the department of local affairs to adopt rules replacing the wildlife commission rules relating to the search and rescue fund.
Increases the number of members on the search and rescue advisory board from 9 to 11. Requires that one member represent the department of local affairs and one member represent outdoor recreationists.
Transfers $433,846 and 0.3 FTE from the department of natural resources, division of wildlife, to the department of local affairs, for allocation to the search and rescue fund, for the implementation of the act.
Appropriates $1,000 to the department of law for the provision of legal services to the search and rescue fund for the purposes of the act.
APPROVED by Governor May 16, 1995
EFFECTIVE July 1, 1995
H.B. 95-1157 Reintroduction of threatened or endangered species - bill required. Requires the general assembly to specifically name a species in a bill before any such species, that has been declared threatened or endangered pursuant to the federal "Endangered Species Act of 1973" and that is currently extinct in Colorado, may be reintroduced into the state.
VETOED by Governor March 23, 1995
H.B. 95-1245 Colorado Surface Coal Mining Reclamation Act - conformance with federal law. Amends the "Colorado Surface Coal Mining Reclamation Act" to conform to federal law. Amends the definition of "person" to include: (1) An Indian tribe conducting reclamation operations as well as surface coal mining operations outside Indian land; and (2) Governmental entities. Amends the definition of "surface coal mining operations" to delete the exemption of the incidental extraction of coal. Replaces references to "coal waste" with "coal mine waste".
Extends the effective date of the repeal of a rule that is required by federal law from sixty to ninety days after publication of the required repeal in the federal register. Specifies that the repeal of such a rule is subject to a rule-making hearing only if requested.
Allows for revision of a permit to perform surface coal mining and reclamation operations to extend the area covered by the permit. Requires the operator under such a permit to mitigate or compensate for the effects of subsidence-caused material damage to any occupied residential dwelling and related structures or any noncommercial building. Requires implementation of remedial measures if such a permit was issued improvidently.
APPROVED by Governor April 7, 1995
EFFECTIVE April 7, 1995
H.B. 95-1286 Wildlife legislative interim committee created - review of the division of wildlife and wildlife commission - requirements for acquisition of real property by the wildlife commission - cervidae disease revolving fund - appropriation - loan authorization - severability. Establishes the wildlife legislative interim committee to review and make recommendations to the general assembly concerning the operations of the division of wildlife, the division's director, and the wildlife commission. Imposes membership, meeting, reporting, and administrative requirements. Specifies that the committee shall be treated as other legislative interim committees. Repeals the statutory authorization for the committee on January 31, 1996.
Recreates and reenacts, with amendments, a law that was repealed on March 15, 1995, concerning restrictions and requirements, including a bid process requirement, on the purchase of any interest in real property by the wildlife commission. Adds that the purchase of any interest in water is also subject to such restrictions and requirements. Grants an exception for the bid process requirement. Authorizes rules regarding the acquisition process. Requires certain information in an annual report by the commission relating to property and water interest acquisitions. Repeals the law imposing such restrictions and requirements on July 1, 2000. Repeals the laws empowering the wildlife commission to acquire interests in land and water and requiring the commission to submit a report to the capital development committee concerning proposed real property transactions on July 1, 2000.
Authorizes the agricultural commission, upon the recommendation of the captive wildlife and alternative livestock board, to set an assessment fee, not to exceed $8 per head of cervidae per year, to fund the cervidae disease revolving fund. Provides that the captive wildlife and alternative livestock board, with the approval of the agricultural commission, shall determine the amount of indemnification payments to owners of cervidae whose animals are destroyed for the control of contagious and infectious disease. Specifies that the combined state and federal indemnity shall not exceed 80% of market value, as determined by the alternative livestock and captive wildlife board, as opposed to actual appraised value.
Appropriates $120,000 from the cervidae disease revolving fund to the department of agriculture, agricultural services division, for the implementation of the act. Authorizes loans of not more than $60,000 by the department of agriculture from the wildlife cash fund and the controlled maintenance trust fund to the cervidae disease revolving fund. Provides for the severability of certain provisions of the act.
APPROVED by Governor May 25, 1995
EFFECTIVE May 25, 1995
H.B. 95-1314 Colorado avalanche information center - establishment in Colorado geological survey. Formally establishes the Colorado avalanche information center in the Colorado geological survey to forecast and educate the public concerning avalanches.
APPROVED by Governor April 7, 1995
EFFECTIVE April 7, 1995
|
||||
|
|
||||
The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.