S.B. 08-35 Wildlife - hunting and taking wildlife - game management programs. Directs the wildlife commission to work towards establishing at least 2 types of game management programs, based upon specified criteria, to issue hunting licenses to meet game management objectives.
APPROVED by Governor April 21, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
S.B. 08-52 State park and recreation area passes - duration - subscription renewal rules. Allows the board of parks and outdoor recreation to adopt rules establishing a subscription program for renewal of annual state park and recreation area passes. Modifies the duration of the aspen leaf and columbine annual state park and recreation area passes issued by the division of parks and outdoor recreation in the department of natural resources. Specifies that if an aspen leaf pass holder uses a vehicle in a park area, the vehicle must have a current valid registration issued by the department of revenue and the pass holder must be present in the vehicle.
APPROVED by Governor April 10, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
S.B. 08-69 Wildlife - hunting and taking game - willful destruction of wildlife. Establishes the level of culpability for the illegal selling or purchasing of wildlife to be the knowing sale or purchase of wildlife. Establishes the level of culpability for the illegal willful destruction of wildlife to be intentional.
APPROVED by Governor April 21, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
S.B. 08-108 Division of wildlife licenses - free for resident purple heart recipients. Entitles Colorado residents who have been awarded a purple heart for service in the United States armed forces to receive a lifetime resident combination small game hunting and fishing license from the division of wildlife, free of charge.
APPROVED by Governor April 25, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
S.B. 08-159 Water vessels - safety - DUI offenses - lower limit. Lowers the blood alcohol limit at which a person operating a vessel is deemed to be under the influence from a blood alcohol content of 0.10 to 0.08. Extends the scope of the law relating to the operation of a vessel while under the influence of intoxicating substances from motorboats and sailboats to all vessels.
APPROVED by Governor April 25, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
S.B. 08-168 Species conservation - appropriations - transfers from severance tax trust fund operational account. Appropriates moneys from the species conservation trust fund (trust fund) for programs submitted by the executive director of the department of natural resources that are designed to conserve native species that have been listed as threatened or endangered under state or federal law or are candidate species or are likely to become candidate species as determined by the United States fish and wildlife service.
Increases the transfer for fiscal year 2008-09 from the operational account of the severance tax trust fund to the capital account of the trust fund from $6 million to $8,631,943. Increases the transfer for the state fiscal year beginning July 1, 2008, from the operational account of the severance tax trust fund to the operation and maintenance account of the trust fund from $1 million to $4,631,943.
Transfers $917,000 from the capital account of the trust fund to the operation and maintenance account of the trust fund that was previously approved for expenditure in connection with the Platte River Three State Cooperative Agreement. Authorizes the expenditure of $500,000 in fiscal year 2009-10 from the trust fund for acquiring water for instream flows necessary to preserve or improve the natural environment to a reasonable degree for species of concern.
Makes certain provisions contingent on House Bill 08-1398 being enacted and becoming law.
APPROVED by Governor May 29, 2008
EFFECTIVE May 29, 2008
NOTE: House Bill 08-1398 was signed by the governor June 2, 2008.
S.B. 08-169 Mined land reclamation - permit fees - in situ uranium mining - permit amendments - permit revisions - appropriation. Establishes permit application and amendment fees for in situ uranium mining analogous to such fees for oil shale. Specifies that the fees, including for oil shale, are applicable to revisions to permits other than amendments. Adds a permit amendment fee for limited impact mining operations.
Appropriates $32,460 to the department of natural resources for the implementation of the act, of which $15,743 is allocated to the division of reclamation mining and safety, $4,934 is allocated to the division of wildlife, $7,855 is allocated to the division of water resources, and $3,928 is allocated to the Colorado geological survey.
APPROVED by Governor May 29, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
S.B. 08-202 Oil and gas operations - notification of surface development - Colorado oil and gas conservation commission - jurisdiction - special districts. Specifies that nothing in the notification of surface development statute limits the Colorado oil and gas conservation commission's authority to regulate oil and gas operations, including drilling windows. Limits metropolitan districts' power to finance the payment of incremental directional drilling costs to oil and gas wells drilled within the greater Wattenberg area.
APPROVED by Governor May 22, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
S.B. 08-218 Federal mineral lease revenues - allocation - appropriation. Beginning July 1, 2008, modifies the allocation of federal mineral lease (FML) revenues, other than FML revenues generated by oil shale production on oil shale lands that current law segregates from other FML revenues, as follows:
● Segregates the portion of FML revenues attributable to bonus payments from other FML revenues, and requires 50% of the bonus payment revenues to be transferred to a newly created local government permanent fund (permanent fund) and 50% of the bonus payment revenues to be transferred to a newly created higher education maintenance and reserve fund (maintenance and reserve fund).
● For any fiscal year in which the total amount of FML revenues received by the state declines by at least 10%, allows the general assembly to appropriate and the executive director of the department of local affairs (DOLA) to make formula-based direct distributions of permanent fund moneys to counties and municipalities to the extent necessary to prevent any reduction from the prior fiscal year in the amount of formula-based direct distributions of FML revenues to counties and municipalities.
● Allows the general assembly to annually appropriate investment earnings of the maintenance and reserve fund for controlled maintenance projects of state-supported institutions of higher education, but only allows use of fund principal to mitigate reductions in general fund appropriations for operating expenses of state-supported institutions of higher education necessitated by a general fund revenue shortfall.
● For the 2008-09, 2009-10, and 2010-11 fiscal years, requires the lesser of 48.3% of the FML revenues, other than bonus payments, or $65,000,000 of such revenues to be transferred to the state public school fund.
● For the 2011-12 fiscal year or during any succeeding fiscal year, requires the lesser of 48.3% of the FML revenues, other than bonus payments, or $65,000,000 multiplied by 104% per year to be transferred to the state public school fund.
● For the 2008-09 fiscal year, requires the lesser of 10% of the FML revenues, other than bonus payments, or $14,000,000 to be paid into the Colorado water conservation board construction fund.
● For the 2009-10 fiscal year or during any succeeding fiscal year, requires the lesser of 10% of the FML revenues, other than bonus payments, or $14,000,000 multiplied by 104% per year to be paid into the Colorado water conservation board construction fund.
● Requires 40% of the FML revenues, other than bonus payments, to be credited to the local government mineral impact fund, requires the executive director of DOLA to distribute 50% of the revenues so credited as mineral impact grants in a manner that gives priority to those communities most substantially and directly impacted by energy production on federal mineral lands and to multi-jurisdictional and large projects, and requires the executive director of DOLA to make formula-based direct distributions of 50% of the revenues so credited to counties and municipalities.
● For the 2008-09 fiscal year, requires the lesser of an additional 1.7% of the FML revenues, other than bonus payments, or $3,300,000 to be credited to the local government mineral impact fund and distributed directly by the executive director of DOLA to each school district within a county that receives formula-based direct distributions of FML revenues on the basis of both the formula used to make direct distributions to counties and the percentage of the total funded pupil count of all school districts within the county attributable to the district's funded pupil count.
● For the 2009-10 fiscal year and for each succeeding fiscal year, requires the lesser of an additional 1.7% of the FML revenues, other than bonus payments, or $3,300,000 multiplied by 104% per year to be credited to the local government mineral impact fund and distributed directly by the executive director of DOLA to each school district within a county that receives formula-based direct distributions of FML revenues on the basis of both the formula used to make direct distributions to counties and the percentage of the total funded pupil count of all school districts within the county attributable to the district's funded pupil count.
● Requires the lesser of all FML revenues, other than bonus payments, in excess of the amounts credited to the local government mineral impact fund for distribution to counties, municipalities, and school districts, transferred to the state public school fund, or paid into the Colorado water conservation board construction fund or the first $50,000,000 of such revenues to be transferred to a newly created higher education federal mineral lease revenues fund (revenues fund). Requires any remaining FML revenues to be transferred to the maintenance and reserve fund.
● Allows the general assembly to appropriate moneys in the revenues fund to directly pay for or pay the costs of financing capital construction projects at state-supported institutions of higher education that are included on a specified prioritized list of such projects approved pursuant to a joint resolution of the general assembly, and also allows the general assembly to appropriate such moneys to the department of education for distribution by the department, or any board or division within the department that the department may designate, to school districts for capital construction projects at area vocational schools. Requires priority consideration to be given to projects located in communities that are substantially impacted by energy production or conversion activities.
Appropriates $16,292 and 0.3 FTE to DOLA, division of local government, for the implementation of the act. Adjusts appropriations for the 2008-09 fiscal year for the implementation of the act.
APPROVED by Governor June 4, 2008
EFFECTIVE June 4, 2008
S.B. 08-226 Aquatic nuisance species - prohibition - detection - inspection of conveyances - monitoring waters of the state - violations - funds created - appropriation. Prohibits the introduction of aquatic nuisance species in Colorado. Establishes aquatic nuisance species laws to be administered by the division of parks and outdoor recreation and the division of wildlife (divisions). Allows the divisions and peace officers to inspect motor vehicles and watercraft and any associated trailers or equipment (conveyances) upon reasonable belief that an aquatic nuisance species is present. Empowers the divisions and peace officers to impound, quarantine, and decontaminate conveyances.
Requires persons who are aware of or suspect the presence of aquatic nuisance species to report such knowledge or belief to the divisions. Sets the following penalties for knowingly or willfully violating the act:
● For the first violation, the offender commits a class 2 petty offense and is subject to a $150 fine and a warning letter of increased penalties for subsequent violations;
● For a second violation, the offender is guilty of a misdemeanor and subject to a $1000 fine; and
● For the third and all subsequent offenses, a person is guilty of a class 2 misdemeanor.
Directs the board of parks and outdoor recreation to promulgate rules to implement the act. Requires the divisions, in cooperation with other specified state entities, to formulate a statewide plan to address aquatic nuisance species. Mandates annual reports from the divisions and the Colorado water conservation board to the agriculture committees of the general assembly.
Creates the division of parks and outdoor recreation aquatic nuisance species fund and the division of wildlife aquatic nuisance species fund in the state treasury. States that, in expending the moneys in each fund, priority shall be given to containment and eradication of aquatic nuisance species in the waters of the state in which aquatic nuisance species have been detected and prevention of introduction of aquatic nuisance species to areas determined to be most vulnerable to such an introduction.
Directs the state treasurer to make the following contingent transfers:
● Transfers $5,956,636 from the operational account of the severance tax trust fund in the following manner: $3,289,392 to the division of parks and outdoor recreation aquatic nuisance species fund and $2,667,244 to the division of wildlife aquatic nuisance species fund. States that such transfer shall not take effect if House Bill 08-1398 becomes law.
● For the fiscal year beginning July 1, 2008, transfers $5,956,636 from the operational account of the severance tax trust fund in the following manner: $3,289,392 to the division of parks and outdoor recreation aquatic nuisance species fund and $2,667,244 to the division of wildlife aquatic nuisance species fund. For the fiscal year beginning July 1, 2009, and every state fiscal year thereafter, transfers $4,006,005 in the following manner: $2,701,641 to the division of parks and outdoor recreation aquatic nuisance species fund and $1,304,544 to the division of wildlife aquatic nuisance species fund. Conditions such transfers on House Bill 08-1398 becoming law.
● Reduces the moneys scheduled to be transferred from the operational account of the severance tax trust fund on July 1, 2008, to the capital account of the species conservation trust fund to $256,943 and the moneys scheduled to be transferred to the operation and maintenance account of the species conservation trust fund to $256,943. States that such reductions shall occur only if both House Bill 08-1398 and Senate Bill 08-168 become law.
For the fiscal year beginning July 1, 2008, appropriates $3,289,392 and 7.0 FTE from the division of parks and outdoor recreation aquatic nuisance species fund to the department of natural resources for allocation to the division of parks and outdoor recreation for implementation of the act. For the fiscal year beginning July 1, 2008, appropriates $3,917,244 from the division of wildlife aquatic nuisance species fund to the department of natural resources for allocation to the division wildlife for implementation of the act. Clarifies that any moneys earmarked for the conservation species trust fund that are declined for the purpose of funding appropriations necessary for the implementation of the act shall be used for mitigating the effects of aquatic nuisance species on threatened and endangered species protected by the species conservation trust fund.
APPROVED by Governor May 29, 2008
EFFECTIVE May 29, 2008
NOTE: Senate Bill 08-168 was signed by the governor May 29, 2008. House Bill 08-1398 was signed by the governor June 2, 2008.
S.B. 08-228 Mined land reclamation - prospecting notice - confidentiality - public notice. Specifies that all information provided to the mined land reclamation board in a notice of intent to conduct prospecting, or a modification of such notice, is a matter of public record subject to the open records act with the exception of information relating to the location, size, or nature of the mineral deposit and, as determined by the board, other information designated by the operator as proprietary or trade secrets or that would cause substantial harm to the competitive position of the operator. Requires that information designated as exempt remain confidential until a final determination by the board. Requires the person filing such a notice or modification to give an electronic version of the notice or modification, except for that information exempted from public disclosure, to the board in a format determined by the board. Requires the board to promulgate rules implementing the confidentiality requirements and to consider the timing of the disclosure of the operator's identity. Requires the division of reclamation mining and safety to post the electronic version of the notice or modification on its web site.
APPROVED by Governor June 2, 2008
EFFECTIVE June 2, 2008
H.B. 08-1069 Federal public lands - motor vehicle travel restrictions - enforcement by state peace officers. Prohibits a person from operating a motor vehicle on any federal public land, trail, or road unless the land, trail, or road is signed or otherwise authorized for such use by the controlling land management agency. Makes violation of the prohibition a misdemeanor and establishes a fine of $100, and, if the person was engaged in hunting, fishing, trapping, or a related activity, a penalty of 10 hunting license suspension points. If the violation takes place in a federal wilderness area, establishes a fine of $200, and, if the person was engaged in hunting, fishing, trapping, or a related activity, a penalty of 15 hunting license suspension points. Specifies that the unauthorized removal, defacing, or destruction of a federal motor vehicle travel authorization sign installed by the controlling land management agency, or the unauthorized installation of such a motor vehicle travel authorization sign, is a misdemeanor punishable by a fine of $100, and, if the person was engaged in hunting, fishing, or trapping, or a related activity, a penalty of 5 hunting license suspension points.
Allows state peace officers to enforce the prohibition. Exempts from the prohibition a peace officer in the performance of his or her official duties, a person acting at the direction of a peace officer, or a person otherwise authorized to operate a motor vehicle on the public land, trail, or road by legal right or by permission of the controlling land management agency.
Requires the director of the division of wildlife in the department of natural resources to prepare an annual report to the members of the senate committee on agriculture, natural resources, and energy and the house committee on agriculture, livestock, and natural resources, or their successors, concerning the number of citations issued, the number of final convictions for violations, and the status of controlling land management agencies' efforts to notify the public of travel restrictions. Repeals the law on July 1, 2013.
APPROVED by Governor March 20, 2008
EFFECTIVE July 1, 2008
H.B. 08-1161 Mined land reclamation - in situ leach mining - permit requirements - protection of ground water quality - appropriation. Defines "in situ leach mining" as the in situ leach mining of uranium. Requires the reclamation of lands affected by in situ leach mining. Specifies that uranium mining is a type of designated mining operation. Requires all in situ leach mining to restore all affected ground water to its premining quality for all water quality parameters that are specifically identified in the baseline site characterization or in the water quality control commission's regulations. Requires applicants for in situ leach mining permits to notify the owners of record of lands within 3 miles of the affected land and to describe in their application at least 5 similar mining operations that did not result in ground water contamination and the applicants' compliance history.
In the case of in situ leach mining, requires the mined land reclamation board (board) to:
● Require the restoration of ground water to begin immediately upon any cessation of extraction or production or the detection of contaminated ground water outside of the affected land.
● Require, as a condition of permit issuance, that the applicant for an in situ leach mining operation pay for an initial site characterization and ongoing monitoring of the affected land and affected surface and ground water;
● Deny a permit if the applicant fails to demonstrate that reclamation will be accomplished; and
● Act on permit applications within 240 days.
Authorizes the board to deny a permit:
● Based on scientific or technical uncertainty about the feasibility of reclamation;
● If the existing or reasonably foreseeable potential future uses of the affected ground water include domestic or agricultural uses and the mining will adversely affect the suitability of the ground water for such uses;
● If the applicant has previously violated the reclamation laws and any violation remains unabated; or
● If the applicant has demonstrated a pattern of willful violations of environmental protection requirements.
Requires notification to the office of mined land reclamation of any failure or imminent failure of certain listed mining structures within 24 hours after such failure or the discovery of an imminent failure. Expands the list of such mining structures.
Appropriates $42,540 to the department of natural resources for the implementation
of the act, of which $14,406 is reappropriated to the department of law.
APPROVED by Governor May 20, 2008
EFFECTIVE May 20, 2008
H.B. 08-1200 Hunting - computer-assisted remote hunting - prohibitions - scope. Prohibits participation in computer-assisted remote hunting. Makes unlawful the establishment and operation of computer-assisted remote hunting facilities. Establishes penalties for violations and excludes persons who provide general computer and internet programs and general-purpose equipment. Specifies that the division of wildlife may still establish a special license program for mobility-impaired hunters and make reasonable accommodations pursuant to the federal "Americans with Disabilities Act of 1990".
APPROVED by Governor April 3, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1304 Wildlife - bald eagles - illegal hunting, taking, or possessing. Imposes a fine of $1,000 to $100,000, up to one year imprisonment, and 20 hunting license assessment points for illegally hunting, taking, or possessing a bald eagle. Clarifies that a person who possess a federal permit to possess all or part of a bald eagle is not illegally possessing a bald eagle.
APPROVED by Governor April 3, 2008
EFFECTIVE July 1, 2008
H.B. 08-1379 Colorado oil and gas conservation commission - rules - promulgation deadline extension. Extends the deadline for the Colorado oil and gas conservation commission to promulgate rules concerning a consultation process with the department of public health and environment and the division of wildlife until July 16, 2008.
APPROVED by Governor May 21, 2008
EFFECTIVE May 21, 2008
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