Natural Resources - Digest of Bills

Digest of Bills - 2003

NATURAL RESOURCES

S.B. 03-114 Wildlife - luring bears. Punishes the offense of knowingly luring a wild bear to food or edible waste by a warning for the first violation, a fine of $100 for a first offense, $500 for a second offense, and $1,000 for a third or subsequent offense. Exempts acts related to agriculture.

APPROVED by Governor June 5, 2003
EFFECTIVE June 5, 2003

S.B. 03-278 FY 2003-04 budget reduction bill - water rights - administration fee - repeal. Effective July 1, 2003, requires the owners of decreed water rights to pay to the state engineer an annual water administration fee in an amount determined by the type and use of the water right.

Authorizes the state engineer to sue for nonpayment of the fee. Directs the state engineer to report to the general assembly by December 1, 2004, concerning the fee. Repeals the fee December 1, 2005.

APPROVED by Governor May 1, 2003
EFFECTIVE May 1, 2003

S.B. 03-290 FY 2003-04 budget reduction bill - parks and outdoor recreation - fees. Gives the board of parks and outdoor recreation authority to set by rule certain park fees currently set by statute. Repeals the fees on July 1, 2007. Requires the board to provide the joint budget committee with an analysis of the proposed rules before adopting them. By November 1 of each year, requires the board to provide the joint budget committee, the house agriculture, livestock, and natural resources committee, the senate agriculture, natural resources and energy committee, and the house and senate finance committees a list of such fees.

Authorizes the board to establish the age of eligibility for the aspen leaf pass and the amount of the commission to be paid to pass and registration agents. Repeals the authority for the aspen leaf pass to entitle the holder to the free use of state park campgrounds.

Creates a stores revolving fund in the amount of $200,000 to acquire stock for warehousing and distributing supplies to operating units of the division of parks and outdoor recreation.

APPROVED by Governor May 1, 2003
EFFECTIVE May 1, 2003

S.B. 03-329 Mining - hardrock and coal - explosives permitting - federal preemption. Declares that it is in the best interest of Colorado to conform to the federal assumption of intrastate jurisdiction over the storage, transportation, and use of explosives at hardrock and coal mine sites. In furtherance of this goal, this act:

● Authorizes the office of active and inactive mines in the division of minerals and geology in the department of natural resources to enter into agreements with the bureau of alcohol, tobacco, firearms, and explosives to allow the office to provide explosives inspections and other explosives assistance to federal agencies; and

● Repeals a duplicative state explosives permitting system.

APPROVED by Governor June 5, 2003
EFFECTIVE June 5, 2003

H.B. 03-1092 State forest - management principles. Directs the department of natural resources and its divisions that own forested land, in consultation and cooperation with the state forester, to actively manage all forested state lands, consistent with applicable laws and state best management practices, using the range of management options appropriate to the given forest ecosystem, to:

● Reestablish natural forest conditions;

● Reduce the threat of large, high-intensity wildfires;

● Sustain and promote natural habitat consistent with healthy forest conditions; and

● Protect and restore watersheds.

APPROVED by Governor June 5, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 03-1097 Wildlife - hunting and fishing - licenses - classifications - penalties. Declares illegal multiple licenses void. Prohibits a person from using another person's lawfully acquired license. Prohibits a person from taking and abandoning wildlife.

Lowers the suspension point penalty for harassing wildlife with a vehicle from 15 points to 10 points. Specifically prohibits the discharge of a firearm or release of an arrow from a vehicle with the intent to take wildlife. Raises from $200 to $2,000 the fine for communicating the location of wildlife to a hunter from an aircraft. Prohibits the use of electronic devices to communicate the location of wildlife from an airborne aircraft to assist in the taking of wildlife. Prohibits the use of electronic devices to communicate in furtherance of a violation of the wildlife laws and imposes a $200 fine and 15 license suspension points. Prohibits the use of night vision, enhanced light-gathering optics, or thermal imaging devices as an aid in hunting or taking wildlife during the night and imposes a $2,000 fine and 20 license suspension points. Directs a hunter that shoots at wildlife to go to the spot where the wildlife was if the hunter is unaware of the location of the wildlife. Requires a hunter to wear florescent orange when hunting moose.

Classifies desert bighorn sheep as big game. Deems a person who applies for or purchases a resident hunting, fishing, or trapping license in another jurisdiction to be a resident of such jurisdiction.

Converts the combination youth small game hunting, furbearer, and fishing license to a youth small game hunting license. Authorizes such licensee to collect the full normal bag limit.

Prohibits the provision of goods or services on property owned by the division of wildlife unless permitted by rule. Punishes failure to acquire such permit with a fine of $100 to $1000, imprisonment up to one year, and 20 license suspension points.

APPROVED by Governor April 17, 2003
EFFECTIVE July 1, 2003

H.B. 03-1100 Resource management plans - federal government - state government - counties - municipalities. Makes a legislative declaration. Authorizes a municipality, a county, the department of public health and environment, the Colorado state forest service, the wildlife commission, the Colorado water conservation board, the water quality control commission, and the air quality control commission to coordinate with the U.S. secretary of the interior, the U.S. secretary of agriculture, and federal agencies to develop resource management plans for federal lands within its jurisdiction pursuant to federal law.

APPROVED by Governor April 17, 2003
EFFECTIVE April 17, 2003

H.B. 03-1319 Wildlife and state parks - law enforcement - increased authority. Clarifies that the wildlife commission has the power to provide for the destruction of wildlife in order to preserve the health, safety, and welfare of the public. Removes a requirement that funds appropriated to the division of parks and outdoor recreation for the acquisition of rights-of-way be expended for the provision of services with the department of transportation.

Requires that if a bear or mountain lion is killed pursuant to a permit issued to prevent excessive damages to property, the killing must be reported to the division of wildlife within 5 days. Clarifies that a permit is not required to trap, kill, or otherwise dispose of bears, mountain lions, or dogs when such animals threaten livestock, people, a motor vehicle, or real property. Requires a person who takes any wildlife for such purposes to report the fact to the division of wildlife within 5 days.

Requires the payment of a ticket for a motor vehicle failing to display a required parks pass to be made within 10 days or, if not, requires a court date to be set. Imposes liability on the registered owner if the owner knew or should have known that the vehicle was used for such violation.

Authorizes the commission to delegate to a hearing officer the authority to suspend wildlife license privileges. Changes the definition of conviction, as applied to licensing, in order to include the acceptance of a deferred sentence and the adjudication of a juvenile as delinquent. Imposes a lifetime suspension of license privileges when a person has had his or her license suspended 3 or more times.

Adds a criminal penalty of $1,000 to $10,000 and up to 90 days in jail for any person who applies for a license, or exercises the benefits conferred by a license, while under a lifetime suspension of licensing privileges.

For big game and non-big game licenses, imposes a new criminal penalty when a person provides false information while applying for a license, and increases from $200 the penalty for making a false statement on a license application to a fine that is equal to twice the cost of the most expensive license for the applicable species.

For big game and non-big game licenses, increases the fines for hunting or taking wildlife without the appropriate license from $50 to a fine that is equal to twice the cost of the most expensive license for the applicable species.

Increases the criminal penalty to $200 for the violation of allowing a person to use another person's license.

Authorizes the commission to suspend a license for a period of one year to life for illegally hunting, taking, or possessing an endangered or threatened animal or a golden eagle, rocky mountain goat, desert bighorn sheep, American peregrine falcon, or rocky mountain bighorn sheep. Raises the criminal penalty for illegally taking a desert bighorn sheep, American peregrine falcon, or rocky mountain bighorn sheep to a fine of $1,000 to $100,000, one year in jail, and 20 points.

Clarifies that any combination of 3 or more big-game-animal takings violations triggers a penalty enhancement of up to a $10,000 fine per animal and up to one year in jail.

Prohibits operating any commercial business on any property owned or managed by the division of parks and outdoor recreation without obtaining written permission, and imposes a criminal penalty of $100 to $1,000 or one year in jail for such violation.

Adds fishing and trapping to the prohibition of hunting or taking wildlife outside of legal seasons or areas. Changes the penalty for such violation from $100 and 10 points to the following:

● For a small game license, a fine that is equal to twice the cost of the most expensive license for the applicable species and 10 points;

● For any big game license, a fine that is equal to twice the cost of the most expensive license for the applicable species and 15 points.

Repeals statutes that impose criminal penalties for failure to pay a special district toll, require every Colorado wildlife officer to obtain basic peace officer certification, and provide an alternative sentence regarding fish health.

Prohibits the possession of a vessel at a staging area unless it has been registered, and imposes a criminal penalty of $50 for such violation. Prohibits the operation of a vessel unless all children are wearing flotation devices, and imposes a criminal penalty of $50 for such violation.

Repeals the following requirements pertaining to the report that an operator of a vessel is required to make when a vessel is in an accident:

● That the report cannot prejudice the person who files the report or be used as evidence in a relevant civil or criminal trial; and

● That the report must be kept confidential by the division except to disclose the identity of a person involved in such accident.

Authorizes the board of parks and outdoor recreation to prohibit the use of white water canoes and kayaks in any waters of the state when it may constitute a safety hazard.

Repeals the requirement that, upon registration, the division of parks and outdoor recreation must provide a copy of the laws and rules affecting vessels to a vessel owner.

Raises the penalties for a wide variety of violations. Defines relevant terms.

APPROVED by Governor May 22, 2003
EFFECTIVE May 22, 2003

H.B. 03-1323 Development projects - Colorado coordination council created - permit coordination duties and fees - cash fund. Creates the Colorado coordination council in the office of the executive director of the department of natural resources. Transfers the Colorado joint review process to the council by a type 3 transfer. Directs the council to initiate permitting coordination procedures upon submission of a request by the sponsor of a natural resources development project. Requires the sponsor to file with the council and serve upon all governmental entities involved in permitting the project a description of the project and a list of the governmental entities involved, and to pay a fee for the council's permitting coordination costs. Creates a cash fund for such fees.

Repeals the council on July 1, 2013, subject to review by the department of regulatory agencies.

APPROVED by Governor May 22, 2003
EFFECTIVE May 22, 2003