Natural Resources - Digest of Bills

Digest of Bills - 1998

NATURAL RESOURCES

S.B. 98-159 Oil and gas operations - proceeds - payment to interest owners - information required. When payments are made pursuant to a contract calling for the payment of proceeds from the sale of oil, gas, or associated products, requires the person making such payment (the payor) to provide the payee with information that includes, at a minimum:

Identification of the lease, property, unit, or well from which the product was sold;
The month and year during which the sale was made;
The quantity sold and the price per unit of production sold;
The amount of severance taxes or other taxes or levies on production;
The payee's interest, expressed as a decimal and calculated to at least the sixth decimal place;
The payee's gross and net share of the proceeds; and
An address and telephone number from which additional information may be obtained and questions answered.

Requires the payor to supply additional information within 60 days after receiving a written request by certified mail. Imposes administrative penalties for a payor's failure to comply with the new requirements.

Makes non-exclusive the jurisdiction of the oil and gas conservation commission to resolve disputes concerning payment of proceeds. Requires the commission to determine, at the outset of any such dispute, whether there is a bona fide dispute concerning the interpretation of the contract governing such payments and, if so, to decline jurisdiction and allow the parties to seek resolution in district court.

States that nothing in the act should be construed to affect any existing substantive rights or to impose upon the commission the duty to interpret contracts for the payment of proceeds.

APPROVED by Governor May 15, 1998
EFFECTIVE July 1, 1998

S.B. 98-191 Division of wildlife - acquisition of property in Las Animas county - appropriation. Authorizes the division of wildlife in the department of natural resources to purchase property in the Upper Purgatoire watershed in Las Animas county consisting of 29,940 acres, more or less, but may include up to 30,400 acres. Allows the division to purchase such water and mineral rights located on or appurtenant to such property as the division may choose. Requires the payment of taxes that would be payable on extraction of nonrenewable resources as if the land were privately owned.

Requires the division to request an annual appropriation from the wildlife cash fund to cover operation, maintenance, and weed control on such property.

Appropriates $9,400,000 for the purchase, but reduces this amount to account for funds received from the federal government or other sources.

APPROVED by Governor May 26, 1998
EFFECTIVE May 26, 1998

H.B. 98-1039 Wildlife - illegal possession - additional penalties. Imposes additional penalties to be paid by persons convicted of the illegal taking or possession of certain big game species that qualify as "trophy" animals under criteria set forth in the act. Clarifies that these additional penalties shall not be subject to further assessment of surcharges for the victims and witnesses assistance and law enforcement fund for the judicial district where the violation occurs and specifies that moneys collected from such fines shall be credited to the Colorado town, city, county, or city and county where the arrest for the offense was made or the citation for the offense was issued.

APPROVED by Governor April 22, 1998
EFFECTIVE April 22, 1998

H.B. 98-1073 Minerals, energy, and geology policy advisory board - continuation under sunset law. Extends the automatic termination date of the minerals, energy, and geology policy advisory board indefinitely pursuant to the provisions of the sunset law.

APPROVED by Governor March 23, 1998
EFFECTIVE March 23, 1998

H.B. 98-1287 Parks and recreation - disabled persons park pass. Creates a disabled visitor annual pass available to disabled residents at a cost of 25% of the ordinary annual pass. Specifies that a person is disabled if the person has been determined to be disabled by the social security administration, the division of workers' compensation in the state department of labor and employment, or pursuant to rule or regulation of the division of parks and outdoor recreation in the department of natural resources. Repeals the statutory ability of a disabled person with an aspen leaf pass to get a transferable pass, and grants the board of parks and outdoor recreation the authority to adopt a rule on the subject.

APPROVED by Governor June 1, 1998
EFFECTIVE June 1, 1998

H.B. 98-1396 Hunting license preferences - youths - adult mentors - mobility-impaired. Authorizes the wildlife commission to establish special licensing programs for hunters who are eligible for a youth license, adult mentors of such hunters, and mobility-impaired hunters. Authorizes the wildlife commission to adopt rules that establish a hunting license preference for such hunters.

APPROVED by Governor May 26, 1998
EFFECTIVE May 26, 1998

H.B. 98-1409 Wildlife management public education advisory council - creation - repeal - appropriation. Creates a wildlife management public education advisory council in the division of wildlife in the department of natural resources. Requires the director of the division to appoint 9 individuals to such council, with at least 3 being from the western slope. Describes the composition of the council, the terms of its members, and the duties of the council. Defines duties to include the design of a media-based public information program to educate the public about wildlife management and wildlife-related recreational opportunities, particularly hunting and fishing, and the preparation of an operational plan by December 1, 1998.

Creates a wildlife management public education account in the wildlife cash fund. Provides that moneys in the account shall be used by the wildlife management public education advisory council in carrying out its duties. Requires that all expenditures. from the account be within the scope of activities and the funding level authorized in the operational plan developed by the council. States that moneys in such account shall consist of gifts, donations, and reimbursements.

Repeals the wildlife management public education advisory council, effective July 1, 2005.

Appropriates $2,000 to the division of wildlife in the department of natural resources for allocation to the wildlife management public education advisory council for the implementation of this act.

APPROVED by Governor May 26, 1998
EFFECTIVE July 1, 1998