S.B. 96-15 Division of wildlife - peace officers - management review recommendations - appropriation. Includes peace officer, level II district wildlife managers within the definition of "peace officer" for peace officer standards and training (P.O.S.T.) purposes. Requires every district wildlife manager to comply with the P.O.S.T. certification requirements by July 1, 1998, except the testing requirement. Allows any manager who, as of July 1, 1998, has met all certification requirements except the completion of P.O.S.T. board-approved basic training to be certified.
Establishes January 1, 1998, as the deadline for the division of wildlife in the department of natural resources to implement the Deloitte Touche LLP management review recommendations.
Requires the director of the division to establish a schedule for the implementation of the management review recommendations and to report biannually to members of the senate and house agriculture committees concerning the implementation of or specific departure from the recommendations.
States that the director may reimburse division employees for the reasonable and necessary expenses they incur in relocating due to the implementation of the management review recommendations. Includes restrictions on such reimbursements.
Appropriates $161,600 from the wildlife cash fund to the department of natural resources for allocation to the division of wildlife for implementation of the act.
APPROVED by Governor June 1, 1996
EFFECTIVE June 1, 1996
S.B. 96-37 Construction material mining regulation - technical corrections arising from the "Colorado Land Reclamation Act for the Extraction of Construction Materials". Clarifies that construction material mining operations are subject to the "Colorado Land Reclamation Act for the Extraction of Construction Materials" and not the "Colorado Mined Land Reclamation Act". Specifies that construction material mines operating under permits issued under the "Colorado Mined Land Reclamation Act" prior to July 1, 1995, shall continue to operate under such permits and that those permits shall be deemed to be permits issued under the "Colorado Land Reclamation Act for the Extraction of Construction Materials". Makes conforming changes to accomplish the complete statutory separation of provisions regulating construction materials mining from those regulating operations generally under the "Colorado Mined Land Reclamation Act".
APPROVED by Governor April 8, 1996
EFFECTIVE April 8, 1996
S.B. 96-38 Division of wildlife - property seizures - procedures. Prohibits the division of wildlife in the department of natural resources from undertaking the seizure of property unless they have complied with the procedures set forth in "Colorado Code of Criminal Procedure". If the division seizes personal property that is not part of a criminal proceeding and fails to return the property upon demand, provides that it shall be charged $100 per day per violation plus any attorney's fees incurred by the owner of the property.
APPROVED by Governor April 17, 1996
EFFECTIVE April 17, 1996
S.B. 96-90 Weather modification - elimination of operator licensing - permit applications and fees - reports by operators - continuation of permit issuance under sunset law. Eliminates the licensing of weather modification operators.
Provides that renewal permits for ground-based winter clouding seeding operations have a duration of 5 years for the second permit and 10 years for the third or subsequent permit, instead of 5 years for every renewal permit.
Requires the qualifications, education, and experience of the weather modification operator to be provided in a weather modification permit application. Makes the following changes in the requirements for issuance of a weather modification permit:
Changes the permit fee imposed for a commercial weather modification operation from 2% of the value of the contract for the project to an amount set by the executive director of the department of natural resources that is sufficient to cover the direct costs of application review, public hearings, and permit operation monitoring. Repeals the requirement that certain information be contained in reports filed by weather modification operators. Authorizes the executive director to promulgate rules requiring weather modification operators to file reports.
Extends the automatic termination date for the authority of the executive director to issue permits for weather modification operations to July 1, 2011, pursuant to the provisions of the sunset law.
APPROVED by Governor May 23, 1996
EFFECTIVE July 1, 1996
H.B. 96-1014 Division of wildlife - undesirable plant control - continuation of habitat partnership council - appropriation. Requires the division of wildlife in the department of natural resources to pay expenses incurred by a local governing body to control undesirable plants on lands under the jurisdiction of the division. Mandates that a state agency reach an agreement with a local governing body for the payment of a weed control expense within 2 weeks after the expense is submitted. If the division holds property pursuant to a long-term lease, requires the division to execute weed control agreements with local governing bodies by July 1, 1997, and specifies items to be included in such agreements.
Continues the authority of the director of the division to establish a habitat partnership council and habitat partnership committees and also continues the habitat partnership cash fund.
Appropriates $19,456 to the department of natural resources for allocation to the division of wildlife for the control of undesirable plants.
APPROVED by Governor June 3, 1996
EFFECTIVE June 3, 1996
H.B. 96-1020 Snowmobile registration - continuation. Continues the requirement that the division of parks and outdoor recreation in the department of natural resources register snowmobiles. Provides that the registration function by the division is no longer subject to the provisions of the sunset law.
APPROVED by Governor March 25, 1996
EFFECTIVE March 25, 1996
H.B. 96-1027 Wild animals - management - damage claims - appropriation. Prohibits the division of wildlife in the department of natural resources from adopting rules that restrict the taking of raccoons and coyotes to a specific season. Makes the state potentially liable for livestock damage caused by coyotes, bobcats, and any other animal the taking of which is prohibited or restricted by the division of wildlife.
Eliminates a provision that made the state liable for damage to aftermath on alfalfa to the full extent of such damage. Makes it a lawful act to dispose of coyotes and raccoons when necessary, to dispose of certain wildlife to prevent damage to inhabited residential property, and to kill a raccoon without a permit.
Requires the division of wildlife, when reimbursing property owners for game damage to crops, to use the property owner's established yield and not an areawide average or historic yield, unless the property owner has no established yield.
Appropriates $931,545 from the wildlife cash fund to the department of natural resources for allocation to the division of wildlife for game damage claims.
VETOED by Governor June 6, 1996
H.B. 96-1045 Oil and gas operations - prohibition on local government inspection tax or fee. Provides that no local government may charge an inspection fee or tax to conduct monitoring and inspections of oil and gas operations with regard to matters that are within the jurisdiction of the oil and gas conservation commission. Prohibits municipalities and counties from considering oil and gas wells and their related facilities as a business or occupation for the purpose of imposing an occupational privilege tax.
APPROVED by Governor April 17, 1996
EFFECTIVE April 17, 1996
H.B. 96-1077 Vessel regulation - proof of ownership - searches and seizures - continuation under sunset law. Specifies that an officer must have probable cause to seize a vessel that does not appear to be in the legal possession of the owner. Changes postseizure hearing requirements on seized vessels to mirror the requirements for retaining seized property in drug cases. Requires an officer to have reasonable suspicion before stopping and boarding a vessel.
Extends the automatic termination date for the authority of the department of natural resources to regulate vessels through the division of parks and outdoor recreation in the department of natural resources until July 1, 2011, pursuant to the provisions of the sunset law.
APPROVED by Governor May 22, 1996
EFFECTIVE January 1, 1997
H.B. 96-1086 Parks and outdoor recreation - fees - appropriation. Authorizes the board of parks and outdoor recreation in the department of natural resources to set all fees for the use of facilities at state parks except for certain specific types of passes.
Requires the amount of fees set by the board to be included in the board's annual budget request. Specifies that no change in any fee set by the board may take effect until the July 1 following passage of a separate act, other than the general appropriation act ("long bill"), containing an appropriation covering implementation of a budget based on collection of the fee at the changed level. Requires a separate act for increases to daily vehicle entrance fees, annual vehicle entrance fees, vessel registration fees, off-highway vehicle registration fees, snowmobile registration fees, or any other pass or permit over $30.
Appropriates $679,104 from the parks and outdoor recreation cash fund to the department of natural resources for allocation to the division of parks and outdoor recreation for implementation of the act. Decreases the general fund appropriation made to the division in the long bill by $679,104.
APPROVED by Governor May 23, 1996
PORTIONS EFFECTIVE May 23, 1996, January 1, 1997
H.B. 96-1187 Great outdoors Colorado trust fund - property acquired by state agencies - payments in lieu of taxes - procedures - appropriation. Makes a legislative declaration concerning the impacts that removal of property from the tax rolls due to its acquisition by state agencies can have on local governments and concerning the constitutional requirement that payments in lieu of taxes be made from the great outdoors Colorado (GOCO) trust fund for property acquired with GOCO funding.
Requires each state agency that holds an interest in real property acquired using GOCO funds and not subject to property taxation due to its acquisition by the state agency to pay to the treasurer of the county in which the property is located a payment in lieu of taxes. Provides that the payment in lieu of taxes shall not exceed the amount of taxes that would have been due if the interest in real property was taxable.
Requires the board of county commissioners of each county in which an interest in real property described above is located to report the following to the state agency that holds the interest: The assessed value of the property; the amount of the payment in lieu of taxes for the property, based on the value and tax rate applicable to the property if it was taxable; and the date the payment in lieu of taxes is due, based on the date that property taxes in the county are due. Directs each state agency that receives information from a board of county commissioners to promptly forward such information to the GOCO board along with information concerning the portion of the real property interest that was paid for with GOCO funding.
Provides that the GOCO board shall pay to the reporting state agency that portion of the payment in lieu of taxes that is equal to the portion of the real property interest paid for with GOCO funds. States that the GOCO board is responsible for ensuring that timely payment is made to each state agency. Requires each state agency that receives a payment in lieu of taxes from the GOCO board to transmit the payment, along with any other amounts payable as part of the payment and appropriated by the general assembly, to the county entitled to receive it. Directs the county treasurer of each county that receives a payment in lieu of taxes to pay over to each political subdivision its appropriate share of the payment. Provides for any payments made to a school district to be reported to the state board of education.
Provides that the general assembly may make appropriations for an agency's share of payments in lieu of taxes, using the wildlife cash fund for the division of wildlife and the parks and the outdoor recreation cash fund for the division of parks and outdoor recreation. Prohibits a state agency that has not received funds due for payments in lieu of taxes from the GOCO board from accepting funding from the GOCO board for other acquisitions of real property until the payments have been brought up to date.
States that this act is not intended to alter the administration of impact assistance grants for property acquired by the division of wildlife or the division of parks and outdoor recreation without assistance from the GOCO board.
Appropriates $1,899 out of the parks and outdoor recreation cash fund to the department of natural resources for allocation to the division of state parks for the implementation of the act.
APPROVED by Governor May 22, 1996
EFFECTIVE May 22, 1996
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