C.R.S. § 33-13-108.1 — CO Code / Title 33 / Article 13 / Section 33-13-108.1
33-13-108.1. Operating a vessel while under the influence - definitions
Status: in_force

33-13-108.1. Operating a vessel while under the influence - definitions. (1) (a) It is a misdemeanor for any person to operate or be in actual physical control of a motorized, wind-powered, or flying vessel in this state while:

(I) Under the influence of alcohol;

(II) The amount of alcohol, as shown by analysis of the person's blood or breath, in the person's blood is 0.08 or more grams of alcohol per one hundred milliliters of blood or 0.08 or more grams of alcohol per two hundred ten liters of breath at the time of the commission of the alleged offense or within two hours after operating a vessel, if the evidence establishes beyond a reasonable doubt that the person did not consume any alcohol between the time of operation and the time of testing;

(III) Under the influence of any controlled substance as defined in section 18-18-102 (5), C.R.S., or any other drug that renders the person incapable of safely operating a vessel;

(IV) Under the influence of any combination of alcohol and any controlled substance as defined in section 18-18-102 (5), C.R.S., or any other drug, when the combination of alcohol and controlled substance or any other drug renders the person incapable of safely operating a vessel.

(b) For the purposes of this subsection (1), "under the influence of any controlled substance or any other drug" shall include the use of glue-sniffing, aerosol inhalation, or the inhalation of any other toxic vapor.

(2) (a) In any prosecution of a violation of paragraph (a) of subsection (1) of this section, the amount of alcohol in the defendant's blood or breath at the time of the commission of the alleged offense or within a reasonable time thereafter, as shown by analysis of the defendant's blood or breath, shall give rise to the following presumption: If there was at that time 0.08 or more grams of alcohol per one hundred milliliters of blood as shown by analysis of the person's blood or 0.08 or more grams of alcohol per two hundred ten liters of breath as shown by analysis of the person's breath, it shall be presumed that the defendant was under the influence of alcohol.

(b) The limitation of this subsection (2) shall not be construed as limiting the introduction, reception, or consideration of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol.

(3) In any prosecution for a violation of subsection (1) of this section, the defendant shall be entitled to offer direct and circumstantial evidence to show that there is a disparity between what the tests show and other facts so that the trier of fact could infer that the tests were in some way defective or inaccurate. Such evidence may include testimony of nonexpert witnesses relating to the absence of any or all of the common symptoms or signs of intoxication for the purpose of impeachment of the accuracy of the analysis of the person's blood or breath.

(4) (a) A person who operates a vessel or who is in actual physical control of a vessel on the waters of this state shall be deemed to have expressed consent to the provisions of this subsection (4).

(b) Any person who operates or is in actual physical control of a vessel on the waters of this state may be required to submit to a test or tests of breath or blood for the purpose of determining the alcoholic content of the person's blood or breath if arrested for any misdemeanor offense arising out of acts alleged to have been committed while the person was operating a vessel in violation of subsection (1) of this section. If the person requests that the test be a blood test, then the test shall be of the person's blood; but, if the person requests that a specimen of blood not be drawn, then a specimen of the person's breath shall be obtained and tested.

(c) Any person who operates or is in actual physical control of a vessel on the waters of this state may be required to submit to a test or tests of the person's blood, saliva, and urine for the purpose of determining the drug content within the person's system if arrested for any misdemeanor offense arising out of acts alleged to have been committed while the person was operating a vessel in violation of subsection (1) of this section.

(5) Any person who is required to submit to testing or who requests that a specimen of blood, breath, saliva, or urine be taken or drawn shall cooperate with the person authorized to obtain the specimens, including the signing of any release forms required by any person who is authorized to take or withdraw such specimens. If the person refuses to sign any release forms, the refusal shall be considered a refusal to take the tests, if said forms conform to subsection (6) of this section. No peace officer shall physically restrain any person for the purpose of obtaining a specimen of his blood, breath, saliva, or urine for testing.

(6) The arresting officer having probable cause to believe a person has violated this section shall direct the administration of the tests in accordance with rules prescribed by the state board of health with utmost respect for the constitutional rights, dignity, and health of the person being tested. No person except a physician, a registered nurse, an emergency medical service provider certified or licensed under part 2 of article 3.5 of title 25 who is authorized within his or her scope of practice to draw blood, or a person whose normal duties include withdrawing blood samples under the supervision of a physician or registered nurse shall withdraw blood to determine the alcohol or drug content of the blood for purposes of this section. Civil liability does not attach to a person authorized to obtain blood, breath, saliva, or urine specimens or to a hospital in which the specimens are obtained as provided in subsection (4) of this section as a result of the act of obtaining the specimens from any person submitting thereto if the specimens were obtained according to the rules of the state board of health; except that this subsection (6) does not relieve the person from liability for negligence in obtaining a specimen sample.

(7) Any person who is dead or unconscious shall be tested to determine the alcoholic content of the person's blood as provided in subsection (4) of this section. In addition to the tests prescribed, the blood of a dead person shall be checked for carbon monoxide content and for the presence of drugs, as prescribed by the department of public health and environment. All information obtained will be made a part of the accident report.

(8) If a person refuses to submit to tests as provided for in subsection (4) of this section and the person subsequently stands trial for a violation of subsection (1) of this section, the refusal to submit to the tests shall be admissible into evidence at the trial, and a person may not claim the privilege against self-incrimination with regard to admission of refusal to submit to any tests.

(9) The fact that any person charged with a violation of subparagraph (II) or (III) of paragraph (a) of subsection (1) of this section is or has been entitled to use the controlled substance or drug under the laws of this state shall not constitute a defense against any person charged with the violation.

(10) No court shall accept a plea of guilty to a non-alcohol-related or non-drug-related boating offense from a person charged with a violation of subsection (1) of this section unless the prosecuting attorney makes a good faith representation that a prima facie case could not be established if the defendant were brought to trial on the original alcohol-related or drug-related offense.

(11) When a peace officer has reasonable grounds to believe that a person is operating a vessel while under the influence of alcohol or that the operator has been involved in a boating accident resulting in injury or death, the peace officer may request the operator to provide a sample of the operator's breath for a preliminary screening test. The test shall be given using a device approved by the executive director of the department of public health and environment as being accurate to within ten percent of the actual reading obtained by the officer upon administering the test. The results of this preliminary screening test may be used for the purpose of deciding whether an arrest should be made and whether to administer a test pursuant to paragraph (b) of subsection (4) of this section but shall not be used in any court action except to prove that a test was properly authorized pursuant to this section. The results of the test shall be made available to the operator or the operator's attorney upon request. The preliminary screening test shall not constitute the test for the purposes of subsection (4) of this section.

(12) (a) Every person who is convicted of a violation of subsection (1) of this section shall be punished by imprisonment in the county jail for not less than five days nor more than one year, and, in addition, the court may impose a fine of not less than six hundred dollars nor more than one thousand dollars and the court has the discretion to suspend the fine. Except as provided in subsection (12)(c) of this section, the minimum period of imprisonment provided for the violation shall be mandatory. In addition to any other penalty that is imposed, every person who is convicted of a violation to which this subsection (12)(a) applies shall perform at least forty-eight hours but no more than ninety-six hours of useful public service.

(b) Upon a conviction of a subsequent violation of subsection (1) of this section, the offender shall be punished by imprisonment in the county jail for not less than sixty days nor more than one year, and, in addition, the court may impose a fine of not less than six hundred dollars nor more than one thousand dollars and the court has the discretion to suspend the fine. The minimum period of imprisonment as provided for the violation shall be mandatory, but the court may suspend up to fifty days of the period of imprisonment if the offender complies with subsection (12)(c) of this section. In addition to any other penalty that is imposed, every person convicted of a violation to which this subsection (12)(b) applies shall perform not less than forty-eight hours nor more than one hundred twenty hours of useful public service. The performance of the minimum period of service shall be mandatory, and the court shall have no discretion to suspend the mandatory minimum period of performance of the service.

(c) The mandatory minimum sentence of any person subject to subsection (12)(a) of this section may be suspended to the extent provided for in said subsection if the offender receives a presentence alcohol and drug evaluation and, based on that evaluation, if the offender satisfactorily completes and meets all financial obligations of an appropriate level I or level II alcohol and drug driving safety education or treatment program as is determined to be appropriate by the alcohol and drug evaluation pursuant to section 42-4-1301.3. If, at any time during the one-year period, the offender does not satisfactorily comply with the conditions of the suspension, that sentence shall be reimposed, and the offender shall serve that portion of the sentence that was suspended. The court, at any time, has the discretion to employ sentencing alternatives described in section 18-1.3-106.

(d) In addition to any other penalty provided by law, the court may sentence a defendant who is convicted pursuant to this section to a period of probation for the purposes of treatment not to exceed two years.

(e) For the purposes of this subsection (12), "useful public service" has the meaning set forth in section 42-4-1301.4, C.R.S., and the useful public service program authorized therein shall be utilized for the purposes of this subsection (12). An offender sentenced to a useful public service program shall complete the same within the time established by the court. In addition to any other penalties, fines, fees, or costs prescribed in this section, the court shall assess an amount not to exceed the amount established in section 42-4-1301.4, C.R.S., upon any person required to perform useful public service. The amount shall be used only to pay for the costs authorized in section 42-4-1301.4, C.R.S.

(f) For the purposes of this subsection (12), "alcohol and drug driving safety education or treatment" has the meaning set forth in section 42-4-1301.3, C.R.S., and the alcohol and drug driving safety program and the presentence alcohol and drug evaluations authorized in said section shall be utilized for the purposes of this subsection (12). The presentence alcohol and drug evaluation shall be conducted on all persons convicted of a violation of subsection (1) of this section; except that this requirement shall not apply to persons who are not residents of Colorado at the time of sentencing. Any defendant sentenced to level I or level II education or treatment programs shall be instructed by the court to meet all financial obligations of the programs. If the financial obligations are not met, the sentencing court shall be notified for the purpose of collection or review and further action on the defendant's sentence. In addition to any other penalties, fines, fees, or costs prescribed in this section, the court shall assess an amount, not to exceed the amount established in section 42-4-1301.3, C.R.S., upon any person convicted of a violation of subsection (1) of this section. The amount shall be used only to pay for the costs authorized in section 42-4-1301.3, C.R.S. The court shall consider the alcohol and drug evaluation prior to sentencing. This paragraph (f) is also applicable to any defendant who receives a diversion in accordance with section 18-1.3-101, C.R.S., or who receives a deferred sentence in accordance with section 18-1.3-102, C.R.S.

(g) Upon a conviction for a first offense for a violation of subsection (1) of this section, in addition to any other penalties, fines, fees, or costs imposed, the court shall order the person to not operate a vessel for a three-month period. Upon a conviction for a subsequent offense for a violation of subsection (1) of this section, in addition to any other penalties, fines, fees, or costs imposed, the court shall order the person to not operate a vessel for a one-year period. For the purposes of this paragraph (g), "conviction" includes a conviction in any court of record or municipal court, a plea of no contest accepted by the court, or the forfeiture of any bail or collateral deposited to secure a defendant's appearance in court or the failure to appear in court by a defendant charged with a violation of subsection (1) of this section who has been issued a summons and complaint to appear pursuant to section 33-15-102 (2).

(h) Upon a plea of guilty or a verdict of guilty by the court or a jury to any offense specified in subsection (1) of this section, the court shall order the defendant to immediately report to the sheriff's department in the county where the defendant was convicted. At that time, the defendant's fingerprints and photographs shall be taken and returned to the court, which fingerprints and photographs shall become a part of the court's official documents and records pertaining to the defendant's conviction and the defendant's identification in association with the conviction. In any trial for a violation of any of the offenses specified in subsection (1) of this section, a duly authenticated copy of the record of former convictions and judgments of any court of record for any of said crimes against the party indicted or informed against shall be prima facie evidence of the convictions and may be used in evidence against the party. Identification photographs and fingerprints that are part of the record of such former convictions and judgments of any court of record or are part of the record at the place of the party's incarceration after sentencing for any of such former convictions and judgments shall be prima facie evidence of the identity of the party and may be used in evidence against the party. Any person who fails to immediately comply with the court's order to report to the sheriff's department, to furnish fingerprints, or to have photographs taken may be held in contempt of court.

(13) (a) No owner or operator of a vessel shall knowingly authorize the vessel to be operated by or come under the actual physical control of any other person if the person is under the influence of alcohol, a controlled substance or any other drug, or any combination of alcohol, controlled substance, or drug.

(b) Any person who violates subsection (13)(a) of this section commits a class 2 misdemeanor.

(14) In all actions, suits, and judicial proceedings in any court of this state concerning alcohol-related or drug-related vessel offenses, the court shall take judicial notice of methods of testing a person's alcohol or drug level and of the design and operation of devices, as certified by the department of public health and environment, for testing a person's blood, breath, saliva, or urine to determine the alcohol or drug level. This subsection (14) shall not prevent the necessity of establishing during a trial that the testing devices used were in proper working order and that the testing devices were properly operated. Nothing in this subsection (14) shall preclude a defendant from offering evidence of the accuracy of the testing device.

(15) As used in this section, "convicted" includes a plea of no contest accepted by the court.

(16) (a) Upon conviction of or plea of no contest to a violation of this section, the court shall forward a certified copy of the conviction or plea to the division.

(b) When a peace officer requests a person to submit to tests as required by subsection (4) of this section and the person refuses to submit to the tests, the officer shall forward to the division a verified report of all relevant information, including information that adequately identifies the person and a statement of the officer's probable cause for requesting the person to submit to the tests.
C.R.S. § 33-1-105 — CO Code / Title 33 / Article 1 / Section 33-1-105
33-1-105. Powers of commission
Status: repealed

33-1-105. Powers of commission. (1) The commission has power to:

(a) (I) Acquire by gift, transfer, devise, lease, purchase, or long-term operating agreement such land and water, or interest in land and water, as in the judgment of the commission may be necessary, suitable, or proper for wildlife purposes or for the preservation or conservation of wildlife. The term "interest in land and water", as used in this section, means any and all rights and interests in land, including but not limited to fee title interests, future interests, easements, covenants, and contractual rights. Every such interest in land and water held by the commission when properly recorded shall run with the land or water to which it pertains for the benefit of the citizens of this state and may be protected and enforced by the commission in the district court of the county in which the land or water, or any portion thereof, is located. Game cash funds shall not be expended for water development projects except in those projects specifically authorized by the commission. Whenever the commission purchases any fee title interest in land or water as authorized by this section, it shall follow the procedures established in section 33-1-105.5.

(II) Repealed.

(b) Lease, exchange, or sell any property, water, land, or interest in land or water, including oil, gas, and other organic and inorganic substances which now are or may become surplus or which, in the proper management of the division, the commission desires to lease, exchange, or sell in accordance with the joint rule number 34 of the senate and house of representatives. All sales of property, water, or lands shall be at public sale, and the commission has the right to reject any or all bids. As used in this paragraph (b), "exchange" means the transferring of property, water, land, or interest in land or water to another person in consideration for the transfer to the commission of other property, water, land, or interest in land or water, or cash, or any combination thereof; except that any cash received may not exceed fifty percent of the total value of the consideration. A transaction otherwise qualifying as an exchange shall not be deemed a sale merely because dollar values have been assigned to any property, water, land, or interest in land or water, for the purpose of ensuring that the commission will receive adequate compensation.

(c) Construct or otherwise establish public facilities and conveniences at any site or on any land in which the commission holds an interest and operate and maintain all such lands, facilities, and conveniences and provide services with respect thereto, and, when appropriate, make reasonable fees or charges for their use or enter into contracts for their maintenance or operation;

(d) Capture, provide for propagation of, transport, buy, sell, or exchange any species of wildlife needed for the purpose of stocking any of the lands or waters of this state;

(e) Enter into cooperative agreements with state and other agencies, educational institutions, municipalities, political subdivisions, corporations, clubs, landowners, associations, and individuals for the development and promotion of wildlife programs;

(f) (I) Receive and expend:

(A) Grants, gifts, sponsorships, contributions, donations, and bequests, including federal money, made available for the purposes for which the commission is authorized; and

(B) Moneys made available to the division for the purpose of mitigating or offsetting adverse impacts of development on wildlife or wildlife habitat.

(II) The commission may provide matching funds when appropriate moneys are available. The commission shall provide such information as may be required in order to secure matching funds. The receipt and expenditure of money so received by the commission shall be reported to the executive director prior to the time of submission of the commission's annual budget requests.

(g) Enter into agreements with landowners for public hunting and fishing areas. Such agreements shall be negotiated by the commission or its authorized agent and shall provide that, if the landowner opens the land under his control to public hunting and fishing, the commission shall compensate him in an amount to be determined by the parties to the agreement. Under the agreement, the commission shall control public access to the land to prevent undue damage and to properly manage attendant wildlife populations. The commission shall not be liable for damages caused by the public other than those specified in the agreement. Nothing in section 33-4-103 limits the authority of the commission both to enter into an agreement and to include the issuance of a hunting license in the agreement. Nothing in section 33-3-103.5 limits the authority of the commission to negotiate the waiver of game damage eligibility in an agreement.

(h) Provide for the destruction of any wildlife that poses a threat to public health, safety, or welfare;

(i) (I) Purchase, without using the bid process required by section 33-1-105.5, no more than two thousand acres of real property in Mesa county to build a multi-use shooting facility using moneys received from:

(A) Appropriated funds or nonappropriated grant moneys; or

(B) The federal government.

(II) The commission may contract with an independent contractor to build or operate the multi-use shooting facility authorized by this paragraph (i).

(III) The authority to purchase land under subparagraph (I) of this paragraph (i) expires on July 1, 2020, but this expiration does not affect the authority to build and operate or to contract to build and operate the multi-use shooting facility.

(2) Nothing in articles 1 to 6 of this title 33 authorizes the commission to change any penalty prescribed by law for a violation of articles 1 to 6 of this title 33.

(3) (a) In the event that the commission plans to acquire the fee title to any real property or to acquire an easement for a period to exceed twenty-five years or at a cost to exceed one hundred thousand dollars or to enter into any lease agreement for the use of real property for a period to exceed twenty-five years or at a cost to exceed one hundred thousand dollars, or to sell or otherwise dispose of the fee title to any real property that has a market value in excess of one hundred thousand dollars, after the commission has approved the transaction but before it has completed the transaction, the commission shall submit a report to the capital development committee that outlines the anticipated use of the real property, the maintenance costs related to the property, the current value of the property, any conditions or limitations that may restrict the use of the property, and, in the event real property is acquired, the potential liability to the state that will result from the acquisition. The capital development committee shall review the reports submitted by the commission and make recommendations to the commission concerning the proposed land transaction within thirty days from the day on which the report is received. The commission shall not complete the transaction without considering the recommendations of the capital development committee, if the recommendations are made in a timely manner.

(b) Repealed.
C.R.S. § 33-1-128 — CO Code / Title 33 / Article 1 / Section 33-1-128
33-1-128. Wolf depredation compensation fund - compensation for damages - definitions - ru
Status: repealed

33-1-128. Wolf depredation compensation fund - compensation for damages - definitions - rules. (1) As used in this section, unless the context otherwise requires:

(a) "Fund" means the wolf depredation compensation fund created in subsection (2) of this section.

(b) "Livestock" has the meaning set forth in section 33-2-105.8 (5)(c).

(c) "Livestock guard or herding animal" means an animal whose primary purpose is protecting livestock from depredation or herding livestock.

(d) "Wolf depredation" means that a gray wolf has caused direct physical trauma resulting in the death of or injury to livestock or to a livestock guard or herding animal.

(2) (a) The wolf depredation compensation fund is created in the state treasury. The fund consists of money transferred to the fund in accordance with subsection (2)(b) of this section and any other money that the general assembly may appropriate or transfer to the fund.

(b) (I) Repealed.

(II) For the 2024-25 state fiscal year and each state fiscal year thereafter, the state treasurer shall annually transfer three hundred fifty thousand dollars from the general fund to the fund.

(c) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(3) (a) Subject to annual appropriation by the general assembly, the division may expend money from the fund to compensate owners of livestock or livestock guard or herding animals that suffer damages due to wolf depredation.

(b) For an owner of livestock or a livestock guard or herding animal to be compensated from the fund:

(I) One or more gray wolves must have killed or injured livestock or a livestock guard or herding animal owned by the claimant, as determined by the division; and

(II) The claimant must be eligible for compensation under the gray wolf restoration and management plan, created in accordance with section 33-2-105.8, or in any rules promulgated by the commission.

(c) The commission may promulgate rules to implement and administer this section. The rules may:

(I) Include additional criteria necessary to receive compensation from the fund; or

(II) Authorize and set criteria for compensation from the fund for indirect livestock loss.

(4) (a) The division shall expend any unexpended and unencumbered money in the fund that exceeds the following amounts for the purposes described in subsection (4)(b) of this section:

(I) For state fiscal years 2023-24 and 2024-25, one hundred thousand dollars; and

(II) For state fiscal year 2025-26 and subsequent fiscal years, an amount equal to the amount of money expended from the fund for compensation of owners of livestock or livestock guard or herding animals during the immediately preceding state fiscal year plus twenty percent of this amount.

(b) The division shall expend the money described in subsection (4)(a) of this section to implement the gray wolf restoration and management plan, created in accordance with section 33-2-105.8, as amended by the commission.

(5) (a) On or before January 31, 2025, and on or before January 31 of each year thereafter, the director shall submit a written report to the appropriate committees of reference as determined in accordance with section 2-7-203 (1). For the immediately preceding state fiscal year, the report must include:

(I) The number of livestock and livestock guard or herding animals killed by gray wolves;

(II) The number of claims made for compensation from the fund;

(III) The number of compensation claims that were approved and denied;

(IV) The reasons for the denial of compensation claims;

(V) The amount of money paid for compensation from the fund;

(VI) An explanation of the number and cost of losses due to wolf depredation;

(VII) The number of resident gray wolves;

(VIII) The number of resident gray wolf packs;

(IX) The activity of the gray wolf packs, including dates, determined from gray wolves being tracked; and

(X) The number of gray wolf breeding pairs and the population changes of resident gray wolves.

(b) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement specified in subsection (5)(a) of this section continues indefinitely.

(c) The division shall not include, in the report made under subsection (5)(a) of this section, information that the division may withhold under section 24-72-204 (2)(a)(X).

(6) (a) Compensation paid under this section is reimbursement for damages and not income subject to taxation.

(b) This section does not authorize the release of any private information about a claimant or a claimant's compensation.
C.R.S. § 33-4-103 — CO Code / Title 33 / Article 4 / Section 33-4-103
33-4-103. Landowner preference for hunting license - legislative declaration - rules
Status: in_force

33-4-103. Landowner preference for hunting license - legislative declaration - rules. (1) Legislative declaration. (a) The general assembly hereby finds, determines, and declares that the wildlife resources of the state are in danger of decline from increasing population pressures and the loss of wildlife habitat. In order to encourage private landowners to provide habitat that increases wildlife populations for the benefit of all hunters, discourage the harboring of game animals on private lands during public hunting seasons, and relieve hunting pressure on public lands by increasing game hunting on private lands, the general assembly finds that it is necessary to provide an incentive-based system to landowners to provide habitat for wildlife through a hunting license allocation program that allows hunters access to the state's wildlife under the cooperative control of the private landowner.

(b) The landowner preference program is designed to encourage hunter access to private land by enabling landowners to apply for licenses using applications based upon land ownership and wildlife benefit.

(2) Eligibility. (a) A landowner who is an owner, as shown by a recorded deed, of a parcel of agricultural land of one hundred sixty acres or more and whose land meets the following requirements is eligible for the landowner preference program, also referred to in this section as the "program". The land must:

(I) Be inhabited by the species being applied for in significant numbers throughout the year or in substantial numbers for shorter times;

(II) Provide for the species being applied for wintering habitat, transitional habitat, calving areas, solitude areas, migration corridors, or an important food source; and

(III) Have a history of game damage or a huntable population of the species being applied for.

(b) For owners of one hundred sixty to six hundred thirty-nine acres, the division shall verify the size of the property and that the property meets the eligibility requirements of this subsection (2) before issuing the applications under subsection (3) of this section.

(c) Owners of properties registered under the "wildlife conservation application program" that existed prior to July 1, 2013, remain eligible to participate in the program until the earlier of:

(I) July 1, 2016;

(II) The date when the ownership of the property is transferred to a person who is not within the immediate family of the owner; or

(III) The date when the owner of land no longer is in compliance with this section or any rule promulgated under this section.

(3) Applications - availability. (a) After determining a landowner is eligible and in compliance with this section, the division shall issue the landowner applications for licenses permitting the hunting of deer, elk, pronghorn, and such other species, except for moose, rocky mountain big horn sheep, desert big horn sheep, and rocky mountain goat, that meet the commission's animal management objectives for the game management unit where the property lies, in an amount determined by this subsection (3).

(b) (I) In game management units west of interstate highway 25:

(A) Ten percent of the number of licenses established for each management area where firearm hunting licenses are totally limited are available for eligible landowners; and

(B) An additional ten percent of the number of licenses established for each management area where firearm hunting licenses are totally limited are available for eligible landowners if these licenses are restricted to use on private land in the designated management area.

(II) In game management units east of interstate highway 25:

(A) Fifteen percent of the number of licenses established for each management area where firearm hunting licenses are totally limited are available for eligible landowners; and

(B) An additional ten percent of the number of licenses established for each management area where firearm hunting licenses are totally limited are made available for eligible landowners if these licenses are restricted to use on private land by the applicant's immediate family members or youth under eighteen years of age.

(III) The division shall make licenses not used by eligible landowners available to the general public.

(c) (I) The applications available under this subsection (3) are allocated to a participant based upon the following schedule:

(A) For owners of one hundred sixty to one thousand two hundred thirty-nine acres, one application;

(B) For owners of six hundred forty to one thousand two hundred thirty-nine acres, an additional application for a license restricted to private land if the division has verified that the land meets the conditions required for eligibility under paragraph (a) of subsection (2) of this section; and

(C) For owners of one thousand two hundred forty or more acres, one additional application for each additional six hundred acres more than one thousand two hundred forty acres, not to exceed nineteen applications or the limit imposed by subparagraph (II) of this paragraph (c).

(II) Landowners may obtain more than eight applications only if the division has verified that the land is the size reported by the landowner and meets the conditions required for eligibility under paragraph (a) of subsection (2) of this section.

(4) Requirements - vouchers. In addition to the limitation on the number of applications available under the program, the program has the following additional requirements and authorizations:

(a) Successful applicants receive a voucher that may be transferred to any person who is eligible for a big game license for that species, to be used for the purchase of a license to be used only within the applicant's game management unit for that species and in accordance with any restrictions imposed by this section.

(b) The transfer of a license voucher by a landowner must include permission to access and hunt the lands yielding the license under the program during the entire season that the license is issued. The permission must not discriminate among hunters entering the property or contain restrictions other than manner of access, including foot, horseback, or vehicular restrictions reasonably necessary to prevent damage to property.

(c) Except as authorized by paragraph (a) of this subsection (4), a voucher that has been transferred by any person who is not the landowner or land manager is void. A voucher that is brokered for another person is void. A hunting license obtained for use with a void voucher is also void.

(d) If a landowner submits one or more applications that fail to yield a license, the division shall give a preference in succeeding years to one application of that landowner for each application of the same landowner that failed to yield a license.

(e) (I) In game management units where hunting is totally limited for a species, and where eligible landowners do not use the number of landowner preference licenses established for a species for that management area, the division shall make the unused licenses available to private landowners in that particular game management unit or data analysis unit as a first priority before making them available to the general public hunter.

(II) A landowner may receive no more than three times the number of leftover applications than the number of initial applications authorized under paragraph (c) of subsection (3) of this section.

(f) If a landowner or hunter fails to comply with this section or any rule promulgated under this section, the division may disqualify the person from participation in the program for up to five years.

(5) The commission shall adopt rules to implement this section prior to July 1, 2014.
C.R.S. § 33-6-113 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-113
33-6-113. Illegal sale of wildlife
Status: in_force

33-6-113. Illegal sale of wildlife. (1) (a) Except as otherwise provided in articles 1 to 6 of this title or by rule of the commission, it is unlawful for any person to knowingly sell or purchase, or knowingly offer for sale or purchase, wildlife or to solicit another person in the illegal hunting or taking of wildlife for the purposes of monetary or commercial gain or profit.

(b) For the purposes of this section, it is deemed to be a sale of wildlife if a person, for monetary or other consideration, provides unregistered outfitting services as defined in article 145 of title 12.

(2) Any person who violates this section:

(a) With respect to big game, endangered species, or eagles, commits a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S. Upon such conviction, the commission may suspend any or all wildlife license privileges of the person for a minimum of one year to life.

(b) With respect to all other wildlife, commits a class 2 misdemeanor and is assessed twenty license suspension points.
C.R.S. § 33-15-112 — CO Code / Title 33 / Article 15 / Section 33-15-112
33-15-112. Motor vehicles - careless operation
Status: in_force

33-15-112. Motor vehicles - careless operation. It is unlawful for any person to operate a motor vehicle on any property under the control of the division in a careless or imprudent manner without due regard for the width, grade, corners, or curves of, the traffic on, or the traffic regulations governing public roads and without due regard for all other attendant circumstances. Any person who violates this section commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars.
C.R.S. § 33-9-102 — CO Code / Title 33 / Article 9 / Part 1 / Section 33-9-102
33-9-102. Powers and duties of commission - rules
Status: repealed

33-9-102. Powers and duties of commission - rules. (1) The commission is vested with all the powers, responsibilities, obligations, functions, and duties that previously were under the jurisdiction of the former wildlife commission or the former board of parks and outdoor recreation as of June 30, 2011.

(2) In addition to any other specific grant of rule-making authority, the commission may adopt or revise any rules, in accordance with article 4 of title 24, C.R.S., that the commission deems necessary or convenient to effect the purposes of, and fulfill its duties under, this title.

(3) The commission shall designate a commission member with wildlife knowledge appointed pursuant to section 33-9-101 (3)(a)(I) to serve as a representative to the state board of the great outdoors Colorado trust fund established under article XXVII of the state constitution. The commission shall designate a commission member with parks and outdoor recreation knowledge appointed pursuant to section 33-9-101 (3)(a)(III) to serve as a representative to the state board of the great outdoors Colorado trust fund established under article XXVII of the state constitution.

(4) (a) In promulgating a rule to increase or decrease a park fee or charge under articles 10 to 15 and 32 of this title 33, the commission shall consider the effect that the change in the fee or charge would have on park usage, the demand for the service for which the fee or charge is used, and opportunities to implement differential pricing.

(b) (Deleted by amendment, L. 2018.)

(c) Repealed.
C.R.S. § 33-12-103.5 — CO Code / Title 33 / Article 12 / Section 33-12-103.5
33-12-103.5. Columbine annual pass - rules
Status: in_force

33-12-103.5. Columbine annual pass - rules. (1) As used in this section, unless the context otherwise requires, a person is "disabled" if the person has been determined to be totally and permanently disabled by the social security administration, the division of workers' compensation, or pursuant to rule or regulation of the division.

(2) (a) A disabled resident may obtain from a regional office or the central office of the division, or at such other locations as may be determined by the division, a Columbine annual pass. The pass shall be valid from the date the pass is purchased through the last day of the month of purchase in the following year. A columbine annual pass shall entitle the disabled resident to enter state park and recreation areas during the period that the pass is valid and when such areas are open.

(b) The commission, by rule, shall provide the manner by which a columbine annual pass shall be displayed by the person to whom it was issued when the person enters a state park or state recreation area.

(2.5) Any resident of the state who is a first responder with a permanent occupational disability as defined in section 33-4-104.5 (2) may obtain, free of charge, a columbine annual pass from the regional or the central office of the division, or such other location as may be determined by the division.

(3) The continued use of the columbine annual pass shall be subject to the holder's observance of rules and regulations concerning the state park or state recreation area.
C.R.S. § 33-6-108 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-108
33-6-108. Possession as prima facie evidence
Status: in_force

33-6-108. Possession as prima facie evidence. The possession of wildlife shall be prima facie evidence that the person having such possession is engaged or has been engaged in hunting, fishing, or trapping.
C.R.S. § 33-6-202 — CO Code / Title 33 / Article 6 / Part 2 / Section 33-6-202
33-6-202. Definitions
Status: in_force

33-6-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Department of health" means a governmental entity with the responsibility to prevent or alleviate diseases and other biological or environmental hazards to human health or safety. The term specifically includes, without limitation, the department of public health and environment, created in section 25-1-102, C.R.S., and every department or agency at the county or local level that is charged with comparable powers and duties.

(2) "Human health or safety" means the physical health or safety of individual human beings. The term does not encompass economic, aesthetic, or social values or the health of ecosystems.
C.R.S. § 33-9-113 — CO Code / Title 33 / Article 9 / Part 1 / Section 33-9-113
33-9-113. Parks and wildlife commission duties - gifts, grants, and donations for Fishers
Status: repealed

33-9-113. Parks and wildlife commission duties - gifts, grants, and donations for Fishers Peak state park - funding needs reporting - repeal. (Repealed)
C.R.S. § 33-9-110 — CO Code / Title 33 / Article 9 / Part 1 / Section 33-9-110
33-9-110. Black bears - methods to address bear-human conflicts - study - report - repeal
Status: repealed

33-9-110. Black bears - methods to address bear-human conflicts - study - report - repeal. (Repealed)
C.R.S. § 33-10.5-106 — CO Code / Title 33 / Article 10.5 / Section 33-10.5-106
33-10.5-106. Duty to report
Status: in_force

33-10.5-106. Duty to report. A person who knows that an aquatic nuisance species is present at a specific location shall immediately report such knowledge and all pertinent information to the division.
C.R.S. § 33-60-104 — CO Code / Title 33 / Article 60 / Section 33-60-104
33-60-104. Distribution of net lottery proceeds beginning first quarter of fiscal year 1998
Status: in_force

33-60-104. Distribution of net lottery proceeds beginning first quarter of fiscal year 1998-99. (1) For the first quarter of fiscal year 1998-99 and for each quarter thereafter, the state treasurer shall distribute net lottery proceeds as follows:

(a) Forty percent to the conservation trust fund for distribution to municipalities and counties and other eligible entities for parks, recreation, and open space purposes;

(b) Ten percent to the division of parks and wildlife for the acquisition, development, and improvement of new and existing state parks, recreation areas, and recreational trails; and

(c) All remaining net lottery proceeds in trust to the trust fund board; except that, in any state fiscal year in which the portion of net lottery proceeds which would otherwise be given in trust to the trust fund board exceeds the adjusted amount of thirty-five million dollars as determined by the state treasurer in accordance with subsection (2) of this section, the net lottery proceeds in excess of such adjusted amount shall be allocated to the general fund and transferred as specified in section 44-40-111 (12).

(2) Beginning with the first quarter of fiscal year 1998-99 and each fiscal year thereafter, the base amount of thirty-five million dollars shall be adjusted annually based on the decrease or increase, if any, in the consumer price index for the Denver metropolitan area, for the preceding calendar year reported by the United States bureau of labor statistics, or its successor index. Such adjustment shall reflect changes, if any, in such index from the actual consumer price index for the Denver metropolitan area, for the calendar year 1992.
C.R.S. § 33-1-119 — CO Code / Title 33 / Article 1 / Section 33-1-119
33-1-119. Federal aid projects income fund
Status: in_force

33-1-119. Federal aid projects income fund. There is hereby created a fund designated as the federal aid projects income fund to which shall be deposited certain revenues and earnings derived from properties purchased and operated jointly by the United States government and the state of Colorado under the provisions of sections 33-1-116 to 33-1-119, and the provisions of the acts of congress referred to in this article, and the rules and regulations of the United States department of the interior. Such revenues and earnings so deposited shall be limited to those specific revenues and earnings to which each has a right under the provisions of cooperative agreements establishing such rights. All moneys deposited under the provisions of this section are specifically appropriated for the purposes for which such moneys may accrue.
C.R.S. § 33-14.5-102 — CO Code / Title 33 / Article 14.5 / Section 33-14.5-102
33-14.5-102. Off-highway vehicle registration - nonresident-owned or -operated off-highway ve
Status: in_force

33-14.5-102. Off-highway vehicle registration - nonresident-owned or -operated off-highway vehicle permits - fees - applications - requirements - exemptions - rules. (1) (a) Except as provided in subsection (6) of this section, and except as provided for nonresident-owned and -operated off-highway vehicles in subsection (9) of this section, no person shall operate, nor have in his or her possession at any staging area, any off-highway vehicle within the state unless such off-highway vehicle has been registered and numbered in accordance with the provisions of this article. The division is authorized to assign identification numbers and register off-highway vehicles.

(b) The division shall employ off-highway vehicle agents, including dealers and licensing agents serving as such for the division, for off-highway vehicle registration pursuant to section 33-12-104. Upon receiving a registration application, an agent shall collect the fee specified by the commission by rule and issue a temporary registration and shall forward the application to the division, which shall issue the registration. An agent may retain a commission not in excess of one dollar, as authorized by the division, for each registration issued. Any dealer is authorized to issue a temporary registration when a person purchases an off-highway vehicle from the dealer.

(2) (a) Every dealer shall require a purchaser of an off-highway vehicle to complete a registration application and pay the registration fee before the vehicle leaves the dealer's premises, except for those off-highway vehicles purchased for use exclusively outside of this state.

(b) Each off-highway vehicle owned by a lessor for rental purposes shall be registered pursuant to this article upon the payment of a registration fee, as provided in paragraph (a) of subsection (3) of this section.

(3) (a) For each year, or portion of the year, beginning April 1 and ending the following March 31, the original and each renewal registration fee to be paid by an owner must be in the amount specified by the commission by rule.

(b) The fee for the replacement of a lost, mutilated, or destroyed registration certificate shall be the fee specified in section 33-12-101.

(4) (a) For each year, or portion of the year, beginning April 1 and ending the following March 31, for which the registration is made, the registration fee for all off-highway vehicles owned by a dealer or manufacturer and operated solely for demonstration or testing purposes must be in an amount specified by the commission by rule.

(b) Dealer and manufacturer registrations are not transferable and shall be distinguished from the registration required for owners.

(5) A registration certificate shall be issued without the payment of a fee for any off-highway vehicle owned by the state of Colorado or a political subdivision thereof upon application therefor.

(6) No registration under this article is required for any:

(a) Off-highway vehicle owned by any agency of the United States or another state or a political subdivision thereof when such ownership is clearly displayed on such vehicle;

(b) Off-highway vehicle owned by a resident of another state or country if such off-highway vehicle is covered by a valid license or registration of such other state or country and such off-highway vehicle has not been within this state for more than thirty consecutive days;

(c) Off-highway vehicle used strictly for agricultural purposes;

(d) Off-highway vehicle used strictly on private property;

(e) Off-highway vehicle operated in an organized competitive or noncompetitive event on publicly or privately owned or leased land; except that this exemption shall not apply unless the agency exercising jurisdiction over such land specifically authorizes the organized competitive or noncompetitive event;

(f) Off-highway vehicle used by a dealer or manufacturer, or an authorized designee thereof, for off-highway vehicle operator education or safety programs.

(7) Any person who operates an off-highway vehicle in violation of this section commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars.

(8) Any dealer who does not comply with subsection (2)(a) of this section commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars.

(9) (a) Notwithstanding the provisions of subsections (1) to (8) of this section, on and after April 1, 2000, no person shall operate, nor have in his or her possession at any staging area, any nonresident-owned or -operated off-highway vehicle within the state of Colorado unless such off-highway vehicle is covered by a valid license or registration of another state or country and such nonresident-owned or -operated off-highway vehicle has not been within this state for more than thirty consecutive days, or such nonresident-owned or -operated off-highway vehicle has been issued a permit pursuant to this subsection (9).

(b) The division is hereby authorized to issue permits to nonresident-owned or -operated off-highway vehicles.

(c) (I) Nonresident off-highway vehicle permits shall be sold by the agents designated pursuant to section 33-12-104, and the fee to be paid for the permits must be in the amount provided by the commission by rule.

(II) Nonresident off-highway vehicle permits shall be valid for one year or until the following March 31, whichever comes first.

(III) The fee for the replacement of a lost, mutilated, or destroyed nonresident off-highway vehicle permit shall be the fee specified in section 33-12-101 for replacement of passes and registrations.

(d) Nonresident off-highway vehicle permits shall be displayed as required by the division.

(e) The following nonresident off-highway vehicles shall be exempt from the requirements of this subsection (9):

(I) Vehicles owned by the United States or another state or political subdivision thereof if such ownership is clearly displayed on such vehicles;

(II) Vehicles operated in an organized competitive or noncompetitive event on publicly or privately owned or leased land; except that this exemption shall not apply unless the agency exercising jurisdiction over such land specifically authorizes the organized competitive or noncompetitive event;

(III) Vehicles used strictly on private property.

(f) Any person who violates this subsection (9) commits a civil infraction and, upon conviction thereof, shall be punished by a fine of one hundred dollars.
C.R.S. § 33-11-113 — CO Code / Title 33 / Article 11 / Section 33-11-113
33-11-113. Volunteer activities - qualified immunity - grant agreements for land stewardshi
Status: in_force

33-11-113. Volunteer activities - qualified immunity - grant agreements for land stewardship activities - terms - insurance coverage - legislative declaration - scope of section. (1) (a) The general assembly declares that the purpose of this section is to provide additional protection, in accordance with 42 U.S.C. sec. 14502 (a), to volunteers and nonprofit organizations providing land stewardship services under this article 11. In case of any conflict between this section and section 13-21-115.5 or 13-21-115.7, or between this section and the federal "Volunteer Protection Act of 1997", 42 U.S.C. sec. 14501 et seq., this section controls.

(b) This section does not apply to land stewardship activities occurring on state lands.

(2) (a) A volunteer performing land stewardship services in connection with a grant is immune from civil liability for any act or omission that results in damage or injury if the volunteer was acting within the scope of his or her designated duties unless the damage or injury was caused by the volunteer's gross negligence or willful and wanton act or omission.

(b) A volunteer serving as an officer, director, or trustee of a nonprofit organization performing land stewardship services in connection with a grant is immune from civil liability for any act or omission that results in damage or injury if the volunteer was acting within the scope of his or her official functions and duties as a director, officer, or trustee unless the damage or injury was caused by a willful and wanton act or omission of the director, officer, or trustee.

(c) A nonprofit organization performing land stewardship services in connection with a grant is immune from civil liability for any act or omission that results in damage or injury unless the damage or injury was caused by the nonprofit organization's willful and wanton act or omission.

(3) Nothing in this section establishes, diminishes, or abrogates any duty that a director, officer, or trustee of a nonprofit organization has to the nonprofit organization for which the director, officer, or trustee serves.

(4) Notwithstanding any other provision of law, a grant agreement, procurement contract, or other agreement governing the conduct of land stewardship activities by a nonprofit organization or volunteer in connection with a grant must not:

(a) Differentiate between "construction" and "maintenance", or words of similar import, for liability purposes; or

(b) Require the nonprofit organization or any volunteer to purchase or maintain what is or was, as of January 1, 2017, commonly known as completed operations liability coverage or the substantial equivalent of completed operations liability coverage, however designated.

(5) (a) (I) The immunity granted by subsections (2)(a) and (2)(b) of this section does not extend to any act or omission by a volunteer while operating a vehicle unless the operation of the vehicle is an integral part of, and physically proximate to, a land stewardship activity and within the scope of the volunteer's designated duties in connection with that activity.

(II) Notwithstanding subsection (2)(a) or (2)(b) of this section, a plaintiff may sue and recover civil damages from a volunteer based upon a negligent act or omission involving the operation of a motor vehicle during a land stewardship activity; except that the amount recovered from the volunteer shall not exceed the limits of applicable insurance coverage maintained by or on behalf of the volunteer with respect to the negligent operation of a motor vehicle in such circumstances. Nothing in this subsection (5)(a)(II) limits the right of a plaintiff to recover from a policy of uninsured or underinsured motorist coverage available to the plaintiff as a result of a motor vehicle accident.

(b) Notwithstanding any other provision of law, a grant agreement, procurement contract, or other agreement governing the conduct of land stewardship activities by a nonprofit organization or volunteer in connection with a grant must not require the nonprofit organization or any volunteer to purchase or maintain liability coverage for operation of a vehicle other than a complying policy of insurance as required by Colorado law, other than this article 11, for lawful operation of the vehicle in Colorado.
C.R.S. § 33-15-110 — CO Code / Title 33 / Article 15 / Section 33-15-110
33-15-110. Vehicles and vessels - operation on state property
Status: in_force

33-15-110. Vehicles and vessels - operation on state property. (1) On any property under the control of the division, it is unlawful for any person:

(a) To operate or park a motor vehicle or vessel, except in designated areas where such operation or parking is authorized by the division;

(b) To operate a motor vehicle or vessel in excess of the posted speed limit;

(c) To park a motor vehicle or vessel in such a manner as to constitute or impede the normal flow of traffic or to leave a motor vehicle or vessel unattended for more than twenty-four hours. Any peace officer may order the removal or towing of any motor vehicle or vessel which is so parked, and such removal or towing shall be done at the expense of the owner and shall be in addition to any other penalty provided by law.

(d) To operate or park a motor vehicle without first purchasing the required valid passes or permits.

(2) (a) Any person who violates subsection (1)(a), (1)(b), or (1)(c) of this section commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars.

(b) Anyone who violates subsection (1)(d) of this section commits a petty offense and, upon conviction, shall be punished by a fine of one hundred dollars.
C.R.S. § 33-15-104 — CO Code / Title 33 / Article 15 / Section 33-15-104
33-15-104. Items constituting public nuisance - when - seizure
Status: in_force

33-15-104. Items constituting public nuisance - when - seizure. (1) Every motor vehicle, vessel, firearm, or other personal property used or intended for use in recreational pursuits in violation of the provisions of articles 10 to 15 of this title is declared to be a public nuisance. Every such item shall be subject to seizure, confiscation, and forfeiture or destruction as provided in this section, unless the possession of said property is not unlawful and the owner of said property was not a party to the violation and would suffer undue hardship by the sale, confiscation, or destruction of the property.

(2) Any personal property subject to seizure, confiscation, and forfeiture or destruction under the provisions of this section, which is seized as a part of or incident to a criminal proceeding for violation of the provisions of articles 10 to 15 of this title and for which disposition is not provided by another statute of this state, shall be disposed of as provided in this section.

(3) Any personal property, the possession of which is illegal and which in the opinion of the court having jurisdiction over the criminal proceeding is not properly the subject of sale, may be destroyed pursuant to a warrant for the destruction of personal property issued by the court and directed to the division. The court shall stay the execution of any such warrant during the period in which the property is used as evidence in any pending criminal or civil proceeding.

(4) Except as otherwise provided in this section, the court may order any personal property sold by the division in the manner provided for sales on execution. The proceeds of the sale shall be applied as follows:

(a) To the fees and costs of removal and sale;

(b) To the payment of the state's costs on such action; and

(c) The balance, if any, or any portion thereof not otherwise distributed pursuant to this paragraph (c), to the parks and outdoor recreation cash fund. Instead of being deposited in the parks and outdoor recreation cash fund, the court may order that such balance or any portion thereof be transmitted as follows:

(I) To the seizing agency, if the court finds that the proceeds can be used by such agency;

(II) To any person who suffers bodily injury or property damage as a result of the action which constitutes the violation, if said person petitions the court therefor.

(5) In lieu of ordering the sale or destruction of personal property pursuant to this section, the court may, if it finds that it can be used by the agency which seized it, order it delivered to the agency for such use.
C.R.S. § 33-4-116.5 — CO Code / Title 33 / Article 4 / Section 33-4-116.5
33-4-116.5. Auction or raffle of deer, elk, and pronghorn licenses - use of proceeds
Status: repealed

33-4-116.5. Auction or raffle of deer, elk, and pronghorn licenses - use of proceeds. (Repealed)
C.R.S. § 33-60-104.5 — CO Code / Title 33 / Article 60 / Section 33-60-104.5
33-60-104.5. Property acquired by state agencies with funds from the great outdoors Colorado
Status: in_force

33-60-104.5. Property acquired by state agencies with funds from the great outdoors Colorado trust fund - payments in lieu of taxes - restrictions - legislative declaration. (1) (a) The general assembly hereby finds and declares that:

(I) The withdrawal of property from county tax rolls as a result of the purchase of interests in real property by state agencies with funds provided from the great outdoors Colorado trust fund may have a significant financial impact on the counties and other political subdivisions in which such property is located;

(II) When state agencies acquire interests in real property with moneys from the great outdoors Colorado trust fund and remove them from the tax rolls, the agencies acquiring the interests shall make payments in lieu of taxes to the counties in which the property underlying the interest is located in order to alleviate the financial burdens such acquisitions create; and

(III) Section 10 of article XXVII of the state constitution provides that payments in lieu of taxes for acquisitions of property pursuant to article XXVII shall be made from moneys made available by the great outdoors Colorado trust fund.

(b) It is therefore the intent of this section to address the financial impact resulting from acquisitions of interests in real property by state agencies and to implement section 10 of article XXVII of the state constitution by establishing a mechanism for payments in lieu of taxes to be made from the great outdoors Colorado trust fund.

(2) Whenever a state agency acquires an interest in real property using moneys from the trust fund pursuant to article XXVII of the state constitution and the interest is no longer subject to property taxation as a result of such acquisition, the agency that holds the interest shall pay annually to the treasurer of the county in which the property is located a payment in lieu of taxes that shall not exceed the amount of taxes that would be due if the interest was taxable.

(3) (a) In accordance with section 10 of article XXVII of the state constitution and subject to the provisions of this section, the annual payments described in subsection (2) of this section shall be made with funds made available from the trust fund in the manner set forth in this subsection (3).

(b) Each year during the regular tax assessment period, the board of county commissioners of each county in which a real property interest described in subsection (2) of this section is located shall provide to each state agency that holds such real property interests the following information in the same manner as such information is provided to any other owner of property in the county:

(I) The current assessed value of each real property interest, expressed in dollars;

(II) The amount of the payment in lieu of taxes due on each real property interest, based on the value and tax rate that would be applicable to the real property interest if it were taxable; and

(III) The date the payment in lieu of taxes is due for such real property interests, based on the date property taxes within the county are due.

(c) Each state agency that receives information from a board of county commissioners pursuant to this subsection (3) shall promptly forward such information to the trust fund board. In addition, for each real property interest reported, the agency shall provide information to the trust fund board concerning the portion of the total acquisition cost of the interest that was paid with moneys from the trust fund.

(d) The trust fund board shall pay from the trust fund to the reporting state agency that portion of the payment in lieu of taxes that is equivalent to the portion of the total acquisition cost of the interest that was paid with moneys from the trust fund. The trust fund board shall be responsible for ensuring that timely payment is made to each state agency.

(e) Each state agency that receives a payment from the trust fund board pursuant to this subsection (3) shall promptly transmit the payment, along with any other amounts payable by the agency as part of the payment in lieu of taxes and appropriated by the general assembly, to the county entitled to receive it.

(4) The treasurer of each county that receives a payment in lieu of taxes pursuant to this section shall pay over to each school district, special district, or other political subdivision in which a real property interest described in subsection (2) of this section is located its appropriate share of the total payment; except that the treasurer may deduct the costs incurred by the treasurer in administering this subsection (4).

(5) Every state agency that makes a payment in lieu of taxes that will be distributed, in whole or in part, to a school district and every school district that receives a payment in lieu of taxes shall report the amount paid or received to the state board of education.

(6) The general assembly may make appropriations for the purpose of funding a state agency's share of payments in lieu of taxes to any county entitled to receive such payments. Appropriations concerning lands purchased with wildlife cash or other wildlife moneys shall be made from the wildlife cash fund. Appropriations concerning lands purchased with parks and outdoor recreation cash or other parks and outdoor recreation moneys shall be made from the parks and outdoor recreation cash fund.

(7) In the event a state agency does not receive funds from the trust fund board to make the payments in lieu of taxes described in this section by the date that property taxes within the county are due, the agency shall not be authorized to accept any grants or other funding assistance from the trust fund board for acquisition of interests in real property until such payments are brought up to date.

(8) Nothing in this section shall be construed to alter the requirements of section 30-25-302, C.R.S., pertaining to property acquired by the division of parks and wildlife without assistance from the trust fund board.
C.R.S. § 33-44-101 — CO Code / Title 33 / Article 44 / Section 33-44-101
33-44-101. Short title
Status: in_force

33-44-101. Short title. This article shall be known and may be cited as the "Ski Safety Act of 1979".
C.R.S. § 33-2-105.7 — CO Code / Title 33 / Article 2 / Section 33-2-105.7
33-2-105.7. Reintroduction of species - legislative declaration - report
Status: in_force

33-2-105.7. Reintroduction of species - legislative declaration - report. (1) (a) As used in this section, unless the context otherwise requires, "introduction" means the release of a nonaquatic wildlife species that is currently not found or no longer found in this state into the environment of Colorado, and shall include reintroduction; except that introduction shall not include any nonaquatic wildlife species the actual initial release of which occurred prior to May 24, 2000, or any release that has previously been approved by the general assembly acting by bill.

(b) The general assembly determines and declares that the introduction of species is a matter of statewide concern and should be conducted by the state through specific legislation. Such introduction may cause substantial harm to the state's overall ecosystem, including native plants and animal wildlife. The introduction of wildlife species also has far-reaching impacts on benefits from the use of both public and private lands within the state.

(2) Before any wildlife species may be introduced, the department shall prepare a report that includes, at a minimum, the following information:

(a) The potential ecological and economic impacts, including whether the introduction of a wildlife species will prevent or impair the then-existing use or uses of private land, and the benefits of the introduction;

(b) The probable survival rates of the introduced animals;

(c) The possible impacts should the introduction not take place; and

(d) An assessment evaluating whether the introduction of the wildlife species will impair any use of private land or beneficial use of water existing at the time of such introduction. If the assessment concludes that any such use will be impaired by the introduction, the report shall also describe the reason for the impact and possible actions to reduce such impact.

(3) The department shall deliver the report prepared pursuant to subsection (2) of this section to the general assembly, in accordance with section 24-1-136 (9), C.R.S., within thirty days after its completion.

(4) The department shall annually prepare a report for each of the five years after an introduction occurs that shall include, at a minimum, the following information:

(a) The status of the introduction effort;

(b) A report on the estimated survival rates of the introduced wildlife species and their progeny;

(c) If the survival rate of the introduced wildlife species and their progeny is below the initial projected range, an assessment of why the survival rate is lower than expected and the steps that have been considered and put in place to increase survival rates; and

(d) The recovery goals and anticipated timelines of the recovery program.
C.R.S. § 33-2-108 — CO Code / Title 33 / Article 2 / Section 33-2-108
33-2-108. Funding
Status: repealed

33-2-108. Funding. (Repealed)
C.R.S. § 33-6-106 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-106
33-6-106. Suspension of license privileges
Status: repealed

33-6-106. Suspension of license privileges. (1) The commission, or a hearing officer who has been delegated authority by the commission, has the exclusive authority to suspend the privilege of applying for, purchasing, or exercising the benefits conferred by any or all licenses issued by the division for a period not to exceed five years, except as otherwise provided in articles 1 to 6 of this title, if a person:

(a) Has been convicted of violations of articles 1 to 6 of this title totaling twenty or more points in any consecutive five-year period;

(b) While a Colorado resident:

(I) Has been convicted of wildlife violations of another state, or any Canadian province, United States territory, or federal agency which is a member of the "Wildlife Violator Compact", part 26 of article 60 of title 24, C.R.S., for which equivalent charges exist in this state, and such convictions, individually or when combined with convictions specified in paragraph (a) of this subsection (1), would total twenty or more points in any consecutive five-year period.

(II) (Deleted by amendment, L. 2003, p. 1940, § 4, effective May 22, 2003.)

(c) Has been convicted of any violation of title 18, C.R.S., that was committed while hunting, trapping, fishing, or engaging in a related activity or of any federal wildlife violations within Colorado and such federal convictions, individually or when combined with convictions specified in paragraph (a) of this subsection (1), total twenty or more points;

(d) Is found to meet the requirements for reciprocal suspension as provided in the "Wildlife Violator Compact", part 26 of article 60 of title 24, C.R.S.;

(e) Has been convicted of any violation under section 33-6-114.5 (2), (3), (4), (5), or (6).

(1.3) (a) The commission or a hearing officer that the commission delegates to hear a matter may suspend a person's license in accordance with subsection (1) of this section if the person fails to comply with the terms of a summons, complaint, summons and complaint, penalty assessment notice, or other official notice of an alleged violation of articles 1 to 6 of this title 33 issued by a Colorado wildlife officer, parks officer, or other peace officer.

(b) A suspension issued pursuant to this subsection (1.3) remains in effect until the person furnishes or causes to be furnished satisfactory evidence of compliance with the terms of the summons, complaint, summons and complaint, penalty assessment notice, or other official notice of an alleged violation of articles 1 to 6 of this title 33. The division shall enter the suspension in accordance with article III of the "Wildlife Violator Compact", part 26 of article 60 of title 24, and shall remove the entry upon satisfactory evidence of the person's compliance with an official notice of an alleged violation.

(2) For the purposes of license suspension under subsection (1) of this section, the payment of a penalty assessment, a court conviction, a plea of nolo contendere, the acceptance of a deferred or suspended sentence by the court, the adjudication of a juvenile as delinquent for any violation of this title that would have resulted in a conviction if prosecuted as an adult, or forfeiture of bail shall be deemed a conviction.

(3) Any person who is to be considered for suspension, including permanent suspension, shall be given due notice of such action and shall be given the opportunity to appear and show cause why his or her license privileges should not be suspended. Such notice shall be in the form of a certified letter, return receipt requested, sent to the last-known address of the person, stating the violations and the date of hearing. Proof of such mailing and attempted delivery shall be sufficient proof of the notice required by this subsection (3).

(4) Except as otherwise provided in subsection (4.5) of this section, any hearing on the suspension of license privileges for Colorado residents shall be held in a regional or area office of the division nearest to the residence of the respondent or, in the case of nonresidents, in such other location as may be determined by the division. Such hearing shall be conducted by a hearing examiner on behalf of the commission. The hearing examiner may administer oaths and affirmations, issue subpoenas for the attendance of witnesses and the production of books and papers, and apply to the district court for enforcement thereof. The hearing examiner shall not be subject to the provisions of part 10 of article 30 of title 24, C.R.S. The director shall appoint such hearing examiners, who may be employees of the division.

(4.5) With respect to any suspension of the license of a resident pursuant to the provisions of a compact with another state, territory, or province for failure to comply with the terms of a summons, complaint, summons and complaint, penalty assessment notice, or other official notice of an alleged wildlife violation issued by a wildlife officer or other authorized peace officer in such other state, territory, or province, the hearing shall be conducted by the commission at the time and place of a regularly scheduled meeting without the need for any prior hearing by the hearing examiner. The commission shall have the authority with respect to any such suspension to suspend the resident's privileges until satisfactory evidence of compliance with the terms of the summons, complaint, summons and complaint, penalty assessment notice, or other official notice of violation has been furnished to the division.

(5) Notice of any resulting suspension shall be sent to the person by certified mail, return receipt requested, to the last-known address of such person and to license agents and other persons who should be notified of such suspensions.

(6) Any person whose license privileges have been suspended shall not be entitled to purchase, apply for, or exercise the benefits conferred by any license issued by the division until such person's suspension has expired. Any person who violates this subsection (6) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of five hundred dollars. Conviction under this subsection (6) shall result in an automatic two-year extension of the existing suspension added to the end of the original suspension unless such person was under a lifetime suspension when such violation occurred. If a person is under a lifetime suspension and violates this subsection (6), such person shall be guilty of a misdemeanor and shall be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment.

(7) The commission may delegate the exercise of its exclusive authority to suspend wildlife license privileges to any hearing examiner appointed by the division. The hearing examiner's decision may be appealed to the commission by filing a notice of appeal with the commission within thirty days after receipt of the hearing examiner's decision.

(8) If a person's privilege of applying for, purchasing, or exercising the benefits conferred by any or all licenses issued by the division is suspended three or more times pursuant to this section, such person shall receive a lifetime suspension of such privileges.

(9) Repealed.
C.R.S. § 33-3-202 — CO Code / Title 33 / Article 3 / Part 2 / Section 33-3-202
33-3-202. Head counts
Status: in_force

33-3-202. Head counts. The claimant's head count of wild ruminants shall be made upon no less than twenty-four hours' notice to the division, which may arrange to have its personnel present when the count is made. The time of day at which the count is made shall be at the claimant's discretion. If the division chooses not to have personnel present, the claimant's head count shall be conclusive. Subsequent head counts may be made at intervals of ten days.
C.R.S. § 33-15-106 — CO Code / Title 33 / Article 15 / Section 33-15-106
33-15-106. Fires
Status: in_force

33-15-106. Fires. (1) On any property under the control of the division, it is unlawful for any person to:

(a) Start or maintain a fire if he or she knowingly or recklessly fails to reasonably attend the fire at all times or fails to thoroughly extinguish the fire before leaving the site;

(b) Start, build, tend, or maintain a fire in violation of the provisions of any applicable order lawfully issued by a governmental authority that prohibits, bans, or regulates fires during periods of extreme fire hazard and that is designed to promote the safety of persons and property.

(2) (a) Any person who violates subsection (1)(a) of this section commits a class 2 misdemeanor.

(b) Except as otherwise provided in subsection (2)(c) of this section, any person who violates subsection (1)(b) of this section is guilty of a class 2 misdemeanor.

(c) Any person who knowingly violates paragraph (b) of subsection (1) of this section and who knows or reasonably should know that he or she violates any order described in such paragraph that prohibits, bans, or regulates fires commits a class 6 felony.

(3) Any person who starts, builds, tends, or maintains a fire in a careless or reckless manner that indicates either a lack of due regard for the fire hazard present or a wanton and willful disregard for the safety of persons and property is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one thousand dollars.

(4) In addition to the penalties provided by this section, the court may require the defendant to reimburse the division for the costs of fire suppression in the case of wildfires.
C.R.S. § 33-4-118 — CO Code / Title 33 / Article 4 / Section 33-4-118
33-4-118. Hiking certificates
Status: repealed

33-4-118. Hiking certificates. (Repealed)
C.R.S. § 33-3-110 — CO Code / Title 33 / Article 3 / Part 1 / Section 33-3-110
33-3-110. Payment of claim
Status: in_force

33-3-110. Payment of claim. A certified copy of the judgment of the district or county court shall be forwarded to the division, and, in the event the judgment includes an award to the claimant, the controller is authorized to draw a warrant for the payment of the same upon a voucher approved by the division, and the state treasurer shall pay the same out of the wildlife cash fund.
C.R.S. § 33-6-132 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-132
33-6-132. Computer-assisted remote hunting prohibited
Status: in_force

33-6-132. Computer-assisted remote hunting prohibited. (1) It is unlawful for any person to engage in computer-assisted remote hunting in Colorado. This subsection (1) shall apply if either the wildlife hunted or any device, equipment, or software, including, without limitation, the person's own computer, used to remotely control the weapon is located in Colorado.

(2) It is unlawful for any person to establish or operate computer-assisted remote hunting facilities in Colorado.

(3) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof:

(a) For a first offense, shall be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars and an assessment of twenty license points;

(b) For any subsequent offenses, shall be punished by a fine of not less than ten thousand dollars nor more than one hundred thousand dollars or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. In addition to imposing such punishments, the commission may suspend any wildlife privileges of the person for a minimum of one year to a maximum of a lifetime suspension.

(4) This section shall not apply to persons who provide only:

(a) General-purpose equipment, including computers, cameras, and fencing and building materials;

(b) General-purpose computer software, including operating systems and communication programs; or

(c) General-purpose telecommunications hardware or networking services for computers, including adapters, modems, servers, routers, and other facilities associated with internet access.

(5) Nothing in this section shall preclude the division of parks and wildlife from establishing a special licensing program for mobility-impaired hunters pursuant to section 33-4-119 and rules adopted pursuant to section 33-4-119 or from granting reasonable accommodations for persons with disabilities in accordance with the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq.
C.R.S. § 33-10.5-108 — CO Code / Title 33 / Article 10.5 / Section 33-10.5-108
33-10.5-108. Division of parks and wildlife aquatic nuisance species fund - creation
Status: repealed

33-10.5-108. Division of parks and wildlife aquatic nuisance species fund - creation. (1) (a) (I) There is hereby created in the state treasury the division of parks and wildlife aquatic nuisance species fund, also referred to in this section as the "fund", which shall be administered by the division. The fund consists of all money transferred by the state treasurer as specified in sections 39-29-109.3 (1)(g)(II), 33-10.5-104.5, and 33-10.5-105. All money in the fund is continuously appropriated to the division for the purpose of implementing this article 10.5. All money in the fund at the end of each fiscal year remains in the fund and does not revert to the general fund or any other fund.

(II) Repealed.

(b) In the use of the money in the 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 the introduction of aquatic nuisance species in areas determined to be most vulnerable to such an introduction.

(1.3) Repealed.

(1.5) and (2) (Deleted by amendment, L. 2018.)

(3) Repealed.
C.R.S. § 33-10-108.5 — CO Code / Title 33 / Article 10 / Section 33-10-108.5
33-10-108.5. Interpretive and educational services - agreements with nonprofit groups - defin
Status: in_force

33-10-108.5. Interpretive and educational services - agreements with nonprofit groups - definitions. (1) To provide interpretive or educational services at state parks, natural areas, and facilities, the division may enter into a contract or agreement with any private nonprofit, scientific, historic, volunteer, or educational organization organized primarily for the purpose of providing interpretive or educational services at such parks, natural areas, and facilities. An eligible organization may include, but is not limited to, a group designated as "friends of" an identified state park or area.

(2) In accordance with a contract or agreement under this section, an organization may:

(a) Offer interpretive or educational materials for sale at the state park, natural area, or facility for which the organization provides services under the terms of the contract. Net proceeds received from sales under this paragraph (a) shall be used to provide interpretive or educational services at the state park, natural area, or facility.

(b) Acquire display materials and equipment for exhibit at the state park, natural area, or facility for which the organization provides services under the terms of the contract;

(c) Support special state park, natural area, or facility interpretive or educational programs and other interpretive projects related to a specific park, natural area, or facility; or

(d) Support state park, natural area, or facility resource centers.

(3) As used in this section, "state parks, natural areas, and facilities" means:

(a) State parks;

(b) State recreation areas;

(c) Natural areas, as defined in section 33-33-103 (8); and

(d) Any state-owned facility related to or adjoining a park or area listed in paragraphs (a) to (c) of this subsection (3), whether indoor or outdoor, and including the department's management offices and other buildings.
C.R.S. § 33-6-120 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-120
33-6-120. Hunting, trapping, or fishing out of season or in a closed area
Status: in_force

33-6-120. Hunting, trapping, or fishing out of season or in a closed area. (1) It is unlawful for any person to fish, trap, hunt, or take any wildlife outside of the season established by or in an area closed by commission rule. Any person who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine and an assessment of license suspension points as follows:

(a) For each incident that is not related to the hunting or taking of a big game animal, the fine shall be equal to twice the cost of the most expensive license for such species and ten license suspension points shall be assessed;

(b) For the hunting or taking of big game, fifteen license suspension points and a fine that is equal to twice the cost of the most expensive license for such species shall be assessed.
C.R.S. § 33-3-111 — CO Code / Title 33 / Article 3 / Part 1 / Section 33-3-111
33-3-111. Annual report to the general assembly
Status: in_force

33-3-111. Annual report to the general assembly. (1) Notwithstanding section 24-1-136 (11)(a)(I), commencing with the second regular session of the sixty-seventh general assembly, the division shall report at least annually, by January 31 of each year, to the senate agriculture and natural resources committee and the house of representatives agriculture, livestock, and natural resources committee, or their successor committees, on game damage and game damage prevention issues. Such report shall include, at a minimum:

(a) (I) The herd management objectives set by the division and whether those objectives are being met. In providing this information, the division shall supply the actual number of herd animals by game unit.

(II) If any of the herd management objectives of the division are not being met, the division shall set forth in detail its plans, strategies, and efforts that it is using or intends to use in order to achieve compliance with the objectives.

(b) The number of requests for game damage prevention materials, the timeliness of the division in responding to such requests, the quantity and types of temporary and permanent materials issued, the number of requests for materials denied, and, to the extent that such information is available, the adequacy of materials in preventing game damage;

(c) The number of permits to take wildlife requested pursuant to section 33-3-106, the number of permits issued, the amount of wildlife killed under such permits, the number of permits denied, and the reasons for denial;

(d) The number of claims for damages submitted under this section, how many of those claims were settled and the monetary amounts of the settlements, the number of claims pending at the time of the report, the number of claims denied, and the reasons for denial;

(e) Any other costs incurred by the division in administering this article.
C.R.S. § 33-6-107 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-107
33-6-107. Licensing violations - penalties - rule
Status: in_force

33-6-107. Licensing violations - penalties - rule. (1) (a) Except as otherwise provided in articles 1 to 6 of this title 33 or by rule of the commission, a person shall not procure or use more than one license of a certain type in a calendar year. A person who violates this subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall, with respect to wildlife other than big game, be punished by a fine of one hundred dollars and an assessment of ten license suspension points or shall, with respect to big game, be punished by a fine of two hundred dollars and an assessment of fifteen license suspension points.

(b) A license procured in violation of this subsection (1) is void.

(2) (a) Any person who makes a false statement or provides false information in connection with applying for or purchasing a license, or any license agent who knowingly uses or accepts false information in connection with selling or issuing a license, is guilty of a misdemeanor and, upon conviction, shall be punished by the following fines:

(I) For each license that is not a big game license, a fine that is equal to twice the cost of the most expensive license for such species and ten license suspension points shall be assessed.

(II) For each big game license, a fine that is equal to twice the cost of the most expensive license for such species and an assessment of fifteen license suspension points shall be assessed.

(b) All licenses obtained with false information are void.

(3) Except as otherwise provided in articles 1 to 6 of this title or by rule of the commission, any person, regardless of age, who hunts or takes wildlife in this state shall procure a proper and valid license therefor and shall have the valid license on his or her person when exercising the benefits it confers. A person who violates this subsection (3) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine and an assessment of license suspension points as follows:

(a) For each license that is not a big game license, the fine shall be equal to twice the cost of the most expensive license for such species and ten license suspension points shall be assessed.

(b) For each big game license, fifteen license suspension points and a fine that is equal to twice the cost of the most expensive license for such species shall be assessed.

(3.5) Except as provided in subsection (9) of this section, it is unlawful for any person under sixteen years of age to hunt wildlife with a youth license issued pursuant to section 33-4-102 (1.4)(x) unless such person is at all times personally accompanied by, and in voice and reasonable visual contact with, a person eighteen years of age or older who holds a valid hunter education certificate or who was born before January 1, 1949. Any person who violates this subsection (3.5) commits a civil infraction and, upon conviction thereof, shall be punished by a fine of fifty dollars and is assessed five license suspension points.

(4) It is unlawful for any person under twelve years of age to hunt or take big game, and it is unlawful for persons between the ages of twelve and fifteen years of age to hunt or take big game except when at all times personally accompanied by, and in voice and reasonable visual contact with, a person eighteen years of age or older who holds a valid hunter education certificate or who was born before January 1, 1949. Any person who violates this subsection (4) commits a civil infraction and, upon conviction thereof, shall be punished by a fine of fifty dollars and is assessed ten license suspension points.

(5) Any person who possesses live wildlife in this state and who is required by commission rule to have a license for possession of live wildlife shall have the required license at the site where the wildlife is kept. Any person who violates this subsection (5) commits a petty offense and, upon conviction thereof, shall be punished by a fine of one hundred dollars and is assessed ten license suspension points.

(6) A person sixteen years of age or older who fishes for or takes fish, amphibians, mollusks, or crustaceans in this state shall have a proper and valid fishing license on his or her person. Persons under sixteen years of age are not required to have a fishing license and are entitled to the full bag or possession limit set by the commission. A person who violates this subsection (6) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of ten license suspension points.

(7) It is unlawful to alter, transfer, sell, loan, or assign a lawfully acquired license to another person, or to use another person's lawfully acquired license. A person who violates this subsection (7) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of fifteen license suspension points, and licenses so used are void.

(8) (a) Unless otherwise permitted by commission rule, it is unlawful for any person born on or after January 1, 1949, to purchase or obtain any hunting license, hunt, or trap unless the person has been issued a hunter education certificate by the division, attesting to the person's successful completion of a division-certified hunter education course taught by a division-certified instructor or equivalent education and training recognized by the division under paragraph (b), (c), or (e) of this subsection (8) or subsection (10) of this section.

(b) In order to increase hunter recruitment and retention, the commission may promulgate a rule establishing alternative requirements to obtain a certificate of hunter education. The alternatives may include: Options to demonstrate knowledge of hunting, safety, and ethics; course delivery options; completion of a hunter education course, including any required hands-on activities, offered pursuant to section 22-1-134; issuing temporary or apprentice certificates of hunter education; and an option to test out of the hunter education course.

(c) The commission shall promulgate a rule allowing veterans, including active-duty, reserve-duty, or national guard personnel, to obtain a hunter education certificate without attending a hunter education course if the veteran successfully passes a test-out option as developed by the commission. To qualify, a veteran must be discharged under honorable conditions or be a discharged LGBT veteran, as defined in section 28-5-100.3.

(d) Unless the certificate of hunter education has been verified by the division, any person required to obtain a certificate of hunter education shall have the certificate on his or her person while hunting, trapping, or taking wildlife.

(e) For the purposes of this subsection (8), the division shall recognize, in addition to Colorado hunter education certificates issued on or after January 1, 1985, those Colorado hunter education certificates issued before January 1, 1985, and any valid temporary hunter education certificate issued by the division, and the division may recognize the hunter education programs of or certificates of other states or countries as being sufficient for the purposes of purchasing a hunting license in Colorado.

(f) Any person who violates this subsection (8) or any rule implementing this subsection (8) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of ten license suspension points.

(9) For the purposes of this section, any person, any member of such person's family, or any employee of the person may hunt, trap, or take black-billed magpies, common crows, starlings, English or house sparrows, common pigeons, coyotes, bobcats, red foxes, raccoons, jackrabbits, badgers, marmots, prairie dogs, pocket gophers, Richardson's ground squirrels, rock squirrels, thirteen-lined ground squirrels, porcupines, crayfish, tiger salamanders, muskrats, beavers, exotic wildlife, and common snapping turtles on lands owned or leased by the person without securing licenses to do so, but only when such wildlife is causing damage to crops, real or personal property, or livestock. Any person may kill skunks or rattlesnakes when necessary to protect life or property. The pelts or hides of any mammals taken under this subsection (9) may be transferred, possessed, traded, bartered, or sold by a person who holds an appropriate small game license.

(10) (a) The division may issue an apprentice certificate of hunter education to a person who:

(I) Is at least ten years of age;

(II) Is being taught to hunt by a mentor who is eighteen years of age or older and who holds a valid hunter education certificate or who was born before January 1, 1949; and

(III) Complies with any requirements established by rule of the commission.

(b) While hunting, a person issued an apprentice certificate of hunter education shall be personally accompanied by, in voice contact with, and in visual contact with a mentor who is eighteen years of age or older and who holds a valid hunter education certificate or who was born before January 1, 1949.

(c) An apprentice certificate of hunter education:

(I) May be used in lieu of a certificate of hunter education issued under subsection (8) of this section to purchase or obtain a license to take wildlife; and

(II) Is valid for no more than one year after issuance.
C.R.S. § 33-6-105 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-105
33-6-105. Disposition of fines and surcharges
Status: in_force

33-6-105. Disposition of fines and surcharges. (1) (a) Except as otherwise provided in subsection (1)(b) of this section, all money collected for fines under articles 1 to 6 of this title 33, either by payment of a penalty assessment or assessed by a court upon conviction and resulting from issuance of a citation by an officer of the division of parks and wildlife, shall be transmitted to the state treasurer, who shall credit the money to the wildlife cash fund or, for offenses involving nongame wildlife, to the Colorado nongame conservation and wildlife restoration cash fund.

(b) When an arrest has been made or the citation for any wildlife offense has been issued by any other Colorado peace officer, as defined in this title 33, the state treasurer shall credit one-half of the money collected to the wildlife cash fund or, for offenses involving nongame wildlife, to the Colorado nongame conservation and wildlife restoration cash fund, and:

(I) If the peace officer is employed by a local jurisdiction, one-half to the treasurer of the Colorado town, city, county, or city and county in which the violation occurred, to be credited to the appropriate fund; or

(II) If the peace officer is employed by another state agency, one-half to a fund administered by the state agency whose officer issued the citation, as designated by the state agency.

(2) It is the duty of every clerk of a court before which prosecutions and appeals of violators of articles 1 to 6 of this title are heard, within twenty days after any such trial, appeal, disposition, or dismissal thereof, to notify the division, in writing, of the result thereof and the amount of fines collected, if any, and the disposition of such fines.

(3) The provisions of the "Colorado Crime Victim Compensation Act", article 4.1 of title 24, C.R.S., shall not apply to articles 1 to 6 of this title, and the costs imposed by said act shall not be levied on criminal actions for violations of articles 1 to 6 of this title.

(4) No fine, penalty, or judgment assessed or rendered under the provisions of articles 1 to 6 of this title shall be suspended, reduced, or remitted otherwise than as expressly provided by law.

(5) All moneys collected by the division as surcharges on penalty assessments issued pursuant to section 33-6-104 shall be transmitted to the court administrator of the judicial district in which the offense was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.
C.R.S. § 33-12-101 — CO Code / Title 33 / Article 12 / Section 33-12-101
33-12-101. Passes and registrations - rules - definition
Status: in_force

33-12-101. Passes and registrations - rules - definition. (1) (a) Except as specified in section 33-12-103 (1)(b), every pass or registration expires on the date printed or written on the face of the document. The commission may adopt rules establishing a subscription program through which a person to whom an annual pass has been issued pursuant to this article is notified, prior to the expiration of the pass, of the opportunity to renew the pass by mail or other means determined by the commission. As used in this article, "document" means pass or registration.

(b) When, in articles 10 to 15 and 32 of this title or a rule adopted pursuant thereto, the doing of an act between certain dates or from one date to another is allowed or prohibited, the period of time indicated includes both dates specified.

(2) Money received in payment for passes and registrations issued under articles 10 to 15 of this title shall not be refunded, except as follows:

(a) For proven errors committed by the division in issuing passes or registrations;

(b) For bona fide emergencies as may be determined by the division.

(3) In the event of loss or destruction of a pass or registration, the person to whom the document was issued, upon payment of a fee of up to fifty percent of the cost of the original document, as established by the commission by rule, may obtain a replacement pass or registration by signing an affidavit stating where and by whom the document was issued and the circumstances under which the document was lost or destroyed. If the division determines that a pass or registration has been lost or destroyed in the mail, the person to whom the document was issued may obtain a replacement pass or registration without charge by signing an affidavit stating that the document was never received. The division shall supply agents selling documents with affidavit forms for obtaining a replacement pass or registration.
C.R.S. § 33-13-114 — CO Code / Title 33 / Article 13 / Section 33-13-114
33-13-114. Copies of laws and regulations furnished
Status: repealed

33-13-114. Copies of laws and regulations furnished. (Repealed)
C.R.S. § 33-4-115 — CO Code / Title 33 / Article 4 / Section 33-4-115
33-4-115. Division of wildlife to coordinate statewide programs
Status: repealed

33-4-115. Division of wildlife to coordinate statewide programs. (Repealed)
C.R.S. § 33-6-123 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-123
33-6-123. Hunting under the influence
Status: in_force

33-6-123. Hunting under the influence. It is unlawful for any person who is under the influence of alcohol or any controlled substance, as defined in section 18-18-102 (5), C.R.S., or any other drug to a degree that renders such person incapable of safely operating a firearm or bow and arrow to hunt or take any wildlife in this state. The fact that any person charged with a violation of this section is or has been entitled to use such controlled substance or drug under the laws of this state shall not constitute a defense against any charge of violating this section. For the purposes of this section, being under the influence of any drug shall include the use of glue-sniffing, aerosol inhalation, or the inhalation of any other toxic vapor. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment, and an assessment of twenty license suspension points.
C.R.S. § 33-14.5-105 — CO Code / Title 33 / Article 14.5 / Section 33-14.5-105
33-14.5-105. Transfer or other termination of ownership - rules
Status: in_force

33-14.5-105. Transfer or other termination of ownership - rules. (1) If there is a change of ownership of an off-highway vehicle for which a registration has been issued, the new owner shall apply for a new registration from a dealer employed as a licensing agent or from the division. The application shall set forth the original number issued and shall be accompanied by the old registration properly signed by the previous owner and by the fee for registration in an amount specified by the commission by rule.

(2) In the event that an off-highway vehicle was purchased through a dealer, such application must be accompanied by a dealer's form, as prescribed by the division, numbered, completed, and signed by the dealer or his agent and by the new owner.
C.R.S. § 33-4-104 — CO Code / Title 33 / Article 4 / Section 33-4-104
33-4-104. Free licenses issued - members or veterans of armed forces - when - rules - defi
Status: in_force

33-4-104. Free licenses issued - members or veterans of armed forces - when - rules - definition. (1) Any active or retired member of the United States armed forces while stationed as a resident patient at any United States armed forces hospital or convalescent station located within Colorado, any resident patient at a veterans administration hospital and resident patients of any state institution for the treatment of persons with behavioral or mental health disorders or other mental health institution in Colorado while under supervision of a proper staff member, and any resident who is totally and permanently disabled as determined by the social security administration or the division of labor standards and statistics or pursuant to rule of the commission may obtain a fishing license free of charge, valid for taking fish during the period of residency only, under rules of the commission.

(2) Any Colorado resident on active duty outside this state with any branch of the armed forces of the United States may obtain, from the division of parks and wildlife, a fishing license free of charge, valid for taking fish while such person is in this state on temporary leave from such duty, but not to exceed a total of thirty days during any year.

(3) (a) Any resident of this state who has received a purple heart for service in the United States armed forces or who is a disabled veteran may obtain from the division of parks and wildlife, free of charge, a lifetime resident combination small game hunting and fishing license.

(b) [Editor's note: For the applicability of this subsection (3)(b) on or after January 1, 2025, see the editor's note following this section.] As used in this subsection (3), "disabled veteran" means an individual who is a resident, as defined in section 33-1-102 (38); has served on active duty in the armed forces; has been separated from the armed forces under honorable conditions; and has established to the division the presence of a service-connected disability that has been rated by the veterans administration at fifty percent or more through disability retirement benefits or a pension because of a public statute administered by the veterans administration or the department of the Army, Navy, or Air Force.

(4) The commission may adopt appropriate rules to establish a preference for active duty members of the United States armed forces who are stationed at any military facility located in Colorado or are Colorado residents upon their return from service outside of the United States for licenses left over after completion of the division's annual limited license draw. The preference may allow for such a member of the United States armed forces to apply for preference points for any limited license draw that occurred during the member's absence.

(5) A person assigned to the warrior transition battalion may obtain from the division a fishing license free of charge.
C.R.S. § 33-10-107 — CO Code / Title 33 / Article 10 / Section 33-10-107
33-10-107. Powers of commission - rules - definitions
Status: in_force

33-10-107. Powers of commission - rules - definitions. (1) The commission may:

(a) Acquire by gift, transfer, lease, purchase, or long-term operating agreement such land and water, or interests in land and water, as the director, with the approval of the executive director, deems necessary, suitable, or proper for parks and outdoor recreation purposes or for the preservation or conservation of sites, scenes, open space, and vistas of public interest. As used in this section, "interest in land and water" means any and all rights and interest in land less than the full fee interest, including future interests, easements, covenants, and contractual rights. Every interest in land and water held by the commission when properly recorded runs with the land or water to which it pertains for the benefit of the citizens of this state and may be protected and enforced by the commission in the district court of the county in which the land or water, or any portion thereof, is located.

(b) Lease, exchange, or sell any property, water rights, land, or interest in land or water rights, including oil, gas, and other organic and inorganic substances which now are or may become surplus or which, in the proper management of the division, the commission desires to lease, exchange, or sell. All sales of property, water rights, or lands shall be at public sale, and the commission has the right to reject any or all bids. As used in this paragraph (b), "exchange" means the transferring of property, water rights, land, or interest in land or water rights to another person in consideration for the transfer to the commission of other property, water rights, land, or interest in land or water rights, or cash, or any combination thereof; except that any cash received may not exceed fifty percent of the total value of the consideration. A transaction otherwise qualifying as an exchange is not deemed a sale merely because dollar values have been assigned to any property, water rights, land, or interest in land or water rights, for the purpose of ensuring that the commission will receive adequate compensation.

(c) Construct, lease, or otherwise establish public parks or outdoor recreational facilities and conveniences at any site or on any land controlled by the commission or in which it holds an interest, operate and maintain any such lands, facilities, and conveniences, and provide services with respect thereto, and, when appropriate, make reasonable charges for their use or enter into contracts for their maintenance or operation;

(d) Enter into cooperative agreements with state and other agencies, educational institutions, municipalities, political subdivisions, corporations, clubs, landowners, associations, and individuals for the development and promotion of parks and outdoor recreation programs;

(e) (I) Receive and expend:

(A) Grants, gifts, sponsorships, contributions, donations, and bequests, including federal money, made available for the purposes for which the commission is authorized; and

(B) Moneys made available to the division for the purpose of mitigating or offsetting adverse impacts of development on state parks or state recreation areas.

(II) The commission may provide matching funds whenever appropriate moneys are available. The commission shall provide such information as may be required in order to secure matching funds. The receipt and expenditure of money so received shall be reported to the executive director prior to the time of submission of the commission's annual budget requests.

(f) Contract with the political subdivisions of the state for development, operation, and maintenance of parks and outdoor recreation areas owned by any such political subdivision, but any such contract need not transfer possession or right of possession from said political subdivision;

(g) Encourage the organization of public parks and outdoor recreational activities in political subdivisions of the state;

(h) [Editor's note: For the applicability of this subsection (1)(h) on or after January 1, 2025, see the editor's note following this section.] Establish by rule the amounts of fees for certificates, permits, licenses, and passes and any other special charges in order to provide for cash revenues necessary for the continuous operation of the state park and recreation system, subject to section 33-10-115; except that fees shall not be used for capital construction other than controlled maintenance activities, except for revenues generated from the sale of keep Colorado wild passes created in section 33-12-108. Fees and charges collected pursuant to this subsection (1)(h) shall be credited to the parks and outdoor recreation cash fund in accordance with section 33-10-111 (1).

(2) In the event that the commission plans to acquire the fee title to any real property at a cost that exceeds one hundred thousand dollars or to acquire an easement for a period that exceeds twenty-five years or at a cost that exceeds one hundred thousand dollars or to enter into any lease agreement for the use of real property for a period that exceeds twenty-five years or at a cost that exceeds one hundred thousand dollars, or to sell or otherwise dispose of such property, after the commission has approved of the transaction but before it has completed the transaction, the commission shall submit a report to the capital development committee that outlines the anticipated use of the real property, the maintenance costs related to the property, the current value of the property, any conditions or limitations that may restrict the use of the property, and, in the event real property is acquired, the potential liability to the state that will result from the acquisition. The capital development committee shall review the reports submitted by the commission and make recommendations to the commission concerning the proposed land transaction within thirty days from the day on which the report is received. The commission shall not complete the transaction without considering the recommendations of the capital development committee, if the recommendations are made in a timely manner.
C.R.S. § 33-11-110 — CO Code / Title 33 / Article 11 / Section 33-11-110
33-11-110. Uniform signs and markers
Status: in_force

33-11-110. Uniform signs and markers. The commission may establish uniform signs and markers, which signs and markers may include appropriate and distinctive symbols. Where trails cross lands administered by federal agencies, such markers may be provided and erected by the appropriate federal agency at appropriate points along trails and maintained by the federal agency administering the trails in accordance with standards mutually established by the division and the federal agency concerned. Where trails cross lands of state or local governmental agencies, the division may provide such uniform signs and markers to such agencies in accordance with written agreements and may require such agencies to erect and maintain them in accordance with standards established in such agreements.
C.R.S. § 33-6-115.5 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-115.5
33-6-115.5. Hunting, trapping, and fishing - intentional interference with lawful activities
Status: in_force

33-6-115.5. Hunting, trapping, and fishing - intentional interference with lawful activities. (1) No person shall willfully prevent or interfere with the lawful participation of any individual in the activity of hunting, trapping, or fishing in accordance with this article.

(2) A person commits intentional interference with lawful hunting, trapping, and fishing activities if he:

(a) Acts with intent to alarm, distract, or frighten prey and causes prey to flee by:

(I) Use of any natural or artificial source of noise or light;

(II) Giving chase to prey on foot or by use of any vehicle;

(III) Throwing objects or making movements;

(b) Intentionally harasses any person lawfully participating in the activity of hunting, trapping, and fishing by use of threats or actions;

(c) Erects barriers with the intent to deny ingress to lawfully designated hunting, trapping, and fishing areas;

(d) Intentionally interjects himself into the line of fire;

(e) Engages in any other conduct with the intent to disrupt or prevent lawful hunting, trapping, and fishing activities.

(3) Any person who violates this section commits a class 2 misdemeanor and is assessed twenty license suspension points.

(4) Any person convicted of a violation of this section shall be liable for all damages incurred by the individual whose lawful activity was obstructed and for all court costs of prosecution.

(5) Nothing in this section shall limit the actions of law enforcement officers and personnel of the division of parks and wildlife in the performance of their official duties nor apply to landowners, tenants, or leaseholders exercising their legal rights to the enjoyment of land, including, but not limited to, farming, ranching, and restricting trespass, nor will anything in this section be construed to prohibit any incidental interference arising from the lawful use of land or water.
C.R.S. § 33-2-106 — CO Code / Title 33 / Article 2 / Section 33-2-106
33-2-106. Management programs
Status: in_force

33-2-106. Management programs. (1) The division shall establish such programs including acquisition of land or aquatic habitat as are deemed necessary for management of nongame, endangered, or threatened wildlife.

(2) In carrying out programs authorized by this section, the division may enter into agreements with federal agencies or political subdivisions of this state or with private persons for administration and management of any area established under this section or utilized for management of nongame, endangered, or threatened wildlife.

(3) The commission may permit, under such terms and conditions as may be prescribed by regulation, the taking, possession, transportation, exportation, or shipment of species or subspecies of wildlife which appear on the state lists of endangered or threatened species for scientific, zoological, or educational purposes, for propagation in captivity of such wildlife, or for other special purposes.

(4) Upon good cause shown and where necessary to alleviate damage to property or to protect human health, endangered or threatened species may be removed, captured, or destroyed but only pursuant to permit issued by the division and, where possible, by or under the supervision of an agent of the division. Provisions for removal, capture, or destruction of nongame wildlife for the purposes set forth in this subsection (4) shall be set forth in regulations issued by the commission pursuant to section 33-2-104 (1).
C.R.S. § 33-2-107 — CO Code / Title 33 / Article 2 / Section 33-2-107
33-2-107. Regulations
Status: in_force

33-2-107. Regulations. The commission shall issue such regulations as are necessary to carry out the purposes of this article.
C.R.S. § 33-13-105 — CO Code / Title 33 / Article 13 / Section 33-13-105
33-13-105. Seizure of vessels by officers - repeal
Status: in_force

33-13-105. Seizure of vessels by officers - repeal. (1) (a) Every parks and recreation officer and other peace officer of this state may seize and hold any vessel if such officer has probable cause to believe that the vessel is not in the lawful possession of the operator or person in charge thereof.

(b) It is the duty of any officer seizing any vessel, on being informed of any such vessel, to immediately notify the appropriate law enforcement agencies and the owner if known. Such notification shall contain a description of such vessel and any other helpful facts that may assist in locating or establishing the ownership thereof or in prosecuting any person for a violation of article 4 of title 18, C.R.S., or other state laws.

(2) "Hull identification number" means any identifying number, serial number, engine number, or other distinguishing number or mark, including letters, if any, placed on a vessel or engine by its manufacturer or by authority of the division or in accordance with the laws of another state or country, excluding the vessel registration number.

(3) (a) Whenever a vessel is seized pursuant to subsection (1) of this section, the law enforcement agency or a governmental entity may commence an action in a court of competent jurisdiction to determine whether said vessel shall be destroyed, sold, converted to the use of the seizing agency, or otherwise disposed of by an order of said court.

(b) (I) Any forfeiture proceeding initiated pursuant to this section shall be conducted in conformance with section 16-13-505, C.R.S.

(II) For purposes of applying section 16-13-505, C.R.S., to a seizure hearing conducted pursuant to this section, "contraband" includes any vessel seized in accordance with this section.

(4) Nothing in this section shall preclude the return of the seized vessel to the owner by the seizing agency following presentation of satisfactory evidence of ownership and, if determined necessary, requiring the owner to obtain an assignment of a hull identification number for the vessel from the division.

(5) and (6) (Deleted by amendment, L. 96, p. 725, § 1, effective January 1, 1997.)

(7) If the court having jurisdiction orders the vessel sold by the division, the proceeds of the sale shall be forwarded to the treasurer who shall credit such proceeds to the general fund.
C.R.S. § 33-10-111 — CO Code / Title 33 / Article 10 / Section 33-10-111
33-10-111. Parks and outdoor recreation cash fund - parks for future generations trust fund
Status: repealed

33-10-111. Parks and outdoor recreation cash fund - parks for future generations trust fund - creation - fees - accounting expenditures for roads and highways - definition. (1) Except as provided in subsection (6) of this section and sections 33-10.5-104.5, 33-10.5-105, 33-14-106, 33-14.5-106, and 33-15-103, all money derived pursuant to articles 10 to 15 of this title 33 from division facilities and fees, and all interest earned on the money, shall be credited to the parks and outdoor recreation cash fund, which is hereby created, together with all money donated, transferred, or appropriated from whatever source for the use of the division in administering, managing, and supervising the state parks and outdoor recreation system and in the financing of impact assistance grants pursuant to part 3 of article 25 of title 30. All cash receipts from state-owned desert, saline, and internal improvement lands shall be credited to the parks and outdoor recreation cash fund.

(1.5) Repealed.

(2) The director, with the consent and approval of the executive director, is authorized and directed to establish an adequate system of accounting which will accurately record:

(a) All moneys received and from what sources;

(b) All moneys expended and for what purposes;

(c) All passes, permits, and registrations that are issued, numbering each type separately.

(3) In his annual budget request to the governor, the executive director shall clearly show the allocation of funds used for parks and outdoor recreation purposes among operations, land acquisition, capital construction, and other purposes.

(4) At each regular session, the general assembly shall determine the amounts to be expended by the division for the acquisition of rights-of-way for the construction, improvement, repair, and maintenance of public roads and highways in state recreation areas and parks and shall appropriate such amounts from the state allocation provided by section 43-4-206, C.R.S., from the highway users tax fund to the division as are necessary to accomplish these purposes.

(5) Repealed.

(6) (a) (I) (A) There is hereby created in the state treasury the parks for future generations trust fund. The fund consists of moneys appropriated to the fund by the general assembly, moneys received from energy or mineral royalties or leases of energy or mineral rights on park properties, and gifts, grants, and donations.

(B) For purposes of this subparagraph (I), "park properties" means each state park and state recreation area and any other park properties in which the division owns mineral interests.

(II) No less than fifty percent of the total moneys deposited in the fund other than interest shall be accrued and maintained intact, and the remaining balance of the moneys deposited into the fund may be expended subject to appropriation by the general assembly; except that the interest earned on moneys in the fund is continuously appropriated and may be expended on such property operation and maintenance and other park projects and programs as the commission deems appropriate.

(b) The fund is under the control of and administered by the commission. The controller shall authorize disbursements from the fund as directed by the commission on receipt of a voucher from the commission stating that the disbursement is in accordance with this subsection (6).

(c) Repealed.

(d) All moneys and interest in the fund remain in the fund to be used for the purposes set forth in this subsection (6) and shall not be deposited in or transferred to the general fund or any other fund.
C.R.S. § 33-10-117 — CO Code / Title 33 / Article 10 / Section 33-10-117
33-10-117. State park access - fees - fund - definitions - rules
Status: in_force

33-10-117. State park access - fees - fund - definitions - rules. (1) (a) (I) By July 1, 2024, the commission shall establish, by rule:

(A) A process for local governments to request an additional fee to be charged on a daily vehicle pass that authorizes the use of a state park located within the local government's geographic boundaries; and

(B) Criteria for approving a request made under subsection (1)(a)(I)(A) of this section.

(II) The division shall not collect the fee from a state park visitor who holds an annual or lifetime pass to visit state parks. The commission shall not unreasonably withhold approval of a request to create the fee.

(b) The rules promulgated by the commission must set the fee so that the fee:

(I) Does not exceed two dollars, but the commission shall adjust the fee every five years to account for inflation or deflation as provided in subsection (1)(c) of this section, and the adjustment may allow the fee to exceed two dollars; and

(II) Is rounded to the nearest dollar.

(c) In calculating inflation or deflation, the commission shall use the statistics published by the Colorado department of transportation as the construction cost index.

(d) (I) (A) The local access route cash fund is created in the state treasury. The fund consists of money credited to the fund in accordance with this subsection (1) and any other money that the general assembly may appropriate or transfer to the fund.

(B) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(C) Money in the fund is continuously appropriated to the division to implement this section.

(II) The division shall perform, on an annual basis, an analysis to determine the net incremental cost of the collection and administration of the fee. The division may retain a portion of the fee to cover the cost of collecting and administering the fee, but may retain only the amount of the fee that is determined to be necessary by the cost analysis. The division shall not retain more than three and one-third percent of the fee. The division shall transmit the retained portion of the fee to the state treasurer, who shall credit the same to the parks and outdoor recreation cash fund created in section 33-10-111.

(2) (a) Beginning January 1, 2025, the division shall collect any fee established under subsection (1) of this section from each person using a daily vehicle pass that visits a state park for which an additional fee has been established and shall transfer the fee, minus the amount retained under subsection (1)(d) of this section, to the state treasurer, who shall credit the fee to the fund. The division shall transfer the remainder of the fee from the fund to the local government that requested the fee and is responsible for the local access route. If a state park has multiple local access routes that are maintained by multiple local governments, all of which requested the additional fee pursuant to subsection (1)(a) of this section, the local governments shall determine by agreement how the fee revenue is to be apportioned, and the division shall not distribute the fee revenue to the local governments until the local governments have provided the division with the agreement.

(b) A local government shall use any fee received under this subsection (2) to support access to state parks. Supporting access may include maintaining and constructing local roads, bicycle lanes, shuttle operations, and multimodal access routes.

(3) As used in this section, unless the context otherwise requires:

(a) "Daily vehicle pass" means any fee paid by a visitor to a state park assessed on a daily basis and based on a motor vehicle entering the state park.

(b) "Fee" means the fee established under subsection (1) of this section.

(c) "Fund" means the local access route cash fund created in subsection (1)(d)(I) of this section.

(d) "Local access route" means a right-of-way, including a bike or pedestrian path, that is normally used to travel to or from a state park.

(e) "Local government" means a city, county, city and county, or special district of this state.
C.R.S. § 33-10-103 — CO Code / Title 33 / Article 10 / Section 33-10-103
33-10-103. Division and board created
Status: repealed

33-10-103. Division and board created. (Repealed)
C.R.S. § 33-1-107 — CO Code / Title 33 / Article 1 / Section 33-1-107
33-1-107. Regulation of areas under wildlife commission control
Status: in_force

33-1-107. Regulation of areas under wildlife commission control. (1) The commission shall adopt such rules or regulations as may be reasonably necessary for the administration, protection, and maintenance of all land and water, or interests in land and water, acquired by the commission. The term "interests in land and water", as used in this section, means any and all rights and interests in land or water less than the full fee interest. Specifically, the commission shall have power to adopt rules or regulations upon the following matters:

(a) Maintenance, enhancement, or management of property, vegetation, wildlife, signs, markers, buildings or other structures, and any object of scientific value or interest in any such area;

(b) Restriction, limitation, or prohibition concerning the use of any such area either as to time, manner, permitted activities, or numbers of people;

(c) Necessary sanitation, health, and safety measures.

(2) Rules or regulations that apply to any particular area shall be published as provided in section 33-1-108 and shall be prominently posted at any such area. Absence of posting shall not, however, relieve any person from the responsibility to comply with applicable rules or regulations if such rules or regulations have been published as provided in section 33-1-108.
C.R.S. § 33-4-102.5 — CO Code / Title 33 / Article 4 / Section 33-4-102.5
33-4-102.5. Issuance of migratory waterfowl stamp - prohibition against hunting without stam
Status: repealed

33-4-102.5. Issuance of migratory waterfowl stamp - prohibition against hunting without stamp. (1) As used in this section, unless the context otherwise requires, "migratory waterfowl" means any wild goose or duck.

(2) All persons sixteen years of age or older shall procure a state migratory waterfowl stamp before hunting or taking any migratory waterfowl within Colorado. Such stamp shall be in the possession of the person while hunting or taking any migratory waterfowl.

(3) (a) The stamp is valid through the last day of June following its issuance.

(b) The division may grant up to twenty-five percent of the funds derived from the sale of state migratory waterfowl stamps to appropriate nonprofit organizations for implementation of the North American waterfowl management plan. The nonprofit organizations shall use the funds for the development of waterfowl propagation areas within the dominion of Canada or the United States that specifically provide waterfowl for the central flyway, pacific flyway, or both. A nonprofit organization granted money pursuant to this subsection (3)(b) shall not use the money for lobbying or any other political purpose.

(4) The commission may enter into a contract with a nonprofit waterfowl conservation organization for the purpose of providing the form and design of the migratory waterfowl stamp. Such contract shall provide that such nonprofit waterfowl conservation organization shall select a form and design. At least one of the alternative pieces of artwork considered for final selection shall be the work of an artist who is a resident of Colorado. In addition, such contract shall designate the ownership of the publication rights for any art prints or other facsimiles of the migratory waterfowl stamp and the disposition of any proceeds. The division shall not be an eligible contractor, unless no contract can be negotiated with a nonprofit waterfowl conservation organization.

(5) All money received pursuant to the issuance of the migratory waterfowl stamp shall be used for the sole benefit of migratory waterfowl habitat conservation and related capital improvements and is subject to an annual appropriation.

(6) Repealed.
C.R.S. § 33-1-105.5 — CO Code / Title 33 / Article 1 / Section 33-1-105.5
33-1-105.5. Acquisition of property - procedure
Status: repealed

33-1-105.5. Acquisition of property - procedure. (1) Except as provided in subsection (7) of this section, before the commission purchases any fee title interest in real property or any interest in water pursuant to section 33-1-105 (1)(a), it shall solicit bid proposals from all interested parties through the issuance of a request for proposals. Notice of such request for proposals shall be published in a newspaper of general circulation in the area where the commission plans to purchase the real property or interest in water.

(2) The notices required to be published pursuant to subsection (1) of this section shall include, but shall not be limited to, the following information:

(a) The approximate amount of money available to the commission for the type of property, interest in water, and habitat to be acquired;

(b) The nature of the wildlife habitat, other property, or interest in water desired, including the type or types of recreational opportunities, if any;

(c) The expected terms and conditions of the proposed acquisitions;

(d) The name, address, and phone number of a contact person employed by the division who shall be responsible for providing further information relating to the bid process to any interested party;

(e) The deadlines for the submission of proposals and the address where proposals are to be sent; and

(f) Any other information deemed relevant by the commission.

(3) All proposals received by the commission shall be opened in a manner which is designed to prevent the disclosure of the offering price information contained in such proposals to competing bidders. Once a successful bidder has been selected and the acquisition is completed, the acquisition price and any other information deemed relevant by the commission shall be made available to the public.

(4) The commission, or its designee, may conduct discussions with any person who submits a proposal pursuant to this section for the purpose of clarifying whether the bidder is responsive to, or has a full understanding of, the solicitation requirements. The commission, or its designee, shall, at the request of any person making a proposal, unless it deems such proposal nonresponsive to the bid solicitation, assist such person in restructuring the proposal for the purpose of making the most attractive possible proposal. Bidders shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. The commission, or its designee, shall not disclose any information regarding the offering prices of other proposals during the course of such discussions. Bidders may submit revisions to proposals after the initial submission of the proposal, so long as such revisions are made prior to the date listed in the request for proposals for final submission of all proposals. The commission has the right to reject any and all bids.

(5) The commission shall evaluate the proposals based on the following criteria:

(a) Whether the ability of the commission to attain the goals established in the long-range plan of the division is enhanced by the acquisition of the property or interest in water;

(b) Whether the acquisition results in the establishment of additional wildlife habitat or in the potential for additional habitat through the use of habitat improvement methods;

(c) Whether the acquisition will improve access to other public lands;

(d) Whether additional wildlife-oriented recreational opportunities will result from the acquisition;

(e) The size and location of the property or interest in water, including the proximity of the property or interest in water to other property controlled by the division; and

(f) Such other criteria as the commission may establish.

(6) Prior to acceptance of proposals by the commission, said proposals must be reviewed by boards of commissioners of counties with lands or water included in the proposals.

(7) The commission may decide not to use the bid process established in this section when the property or interest in water being purchased is located in such proximity to other property controlled by the division that, in the judgment of the commission, the bid process would not be effective, or when the property or interest in water to be purchased is offered through foreclosure, receivership, or auction, or when the property or interest in water is to be purchased from another governmental entity. In the event that the bid process is not used, the purchase of any fee title interest in real property or any interest in water shall be approved by the general assembly acting by bill.

(8) The commission may adopt such rules as are necessary to implement the acquisition process established in this section.

(9) Notwithstanding section 24-1-136 (11)(a)(I), the commission shall include in its annual report, which report shall be submitted to the capital development committee and to the agriculture, livestock, and natural resources committee of the house of representatives and the agriculture, natural resources, and energy committee of the senate, a listing of all acquisitions of real property or interests in water made pursuant to the provisions of this section. The report must describe all property and interests in water acquired within the previous five years, the acquisition cost of each such property or interest in water, and the appraised value of each such property or interest in water, and must contain a description of all pending acquisitions of property and interests in water.

(10) Repealed.
C.R.S. § 33-13-111 — CO Code / Title 33 / Article 13 / Section 33-13-111
33-13-111. Authority to close waters - rules
Status: in_force

33-13-111. Authority to close waters - rules. (1) (a) The commission shall promulgate rules to prohibit the operation of vessels on any waters of the state and ordering the removal of vessels from any waters of the state when such operation constitutes or may constitute a hazard to human life or safety.

(b) For purposes of this subsection (1), "vessels" shall not include white water canoes and kayaks except in the case of:

(I) A state of disaster emergency pursuant to section 24-33.5-704 or 24-33.5-709, C.R.S.;

(II) Disaster relief efforts that are underway and that may include debris removal;

(III) An accident or other emergency that occurs in or immediately adjacent to the water body;

(IV) Rescue efforts for victims that are actively underway and such efforts would be hindered by additional waterway traffic; or

(V) Active construction or transportation projects authorized under state or federal law.

(2) Any parks and recreation officer or other peace officer as defined in section 33-10-102 has the authority to enforce this section under the rules promulgated by the commission.

(3) Any person who fails to obey an order issued under this section commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars.
C.R.S. § 33-1-106 — CO Code / Title 33 / Article 1 / Section 33-1-106
33-1-106. Authority to regulate taking, possession, and use of wildlife - rules
Status: in_force

33-1-106. Authority to regulate taking, possession, and use of wildlife - rules. (1) In order to provide an adequate, flexible, and coordinated statewide system of wildlife management and to maintain adequate and proper populations of wildlife species, the commission shall have authority in this state, by appropriate rules and regulations, to:

(a) Determine under what circumstances, when, in which localities, by what means, what sex of, and in what amounts and numbers the wildlife of this state may be taken and, further, to shorten, extend, or close seasons on any species of wildlife in any specific locality or the entire state when it finds after investigation that such action is necessary to assure maintenance of adequate populations of wildlife or to preserve the proper ecological balance of the environment. In no event, however, shall the commission adopt any regulation concerning the taking of black bears which is in conflict with the provisions of section 33-4-101.3.

(b) Provide for the disposal of the usable portions of wildlife confiscated, abandoned, or unclaimed at meat processing and storage facilities or by taxidermists or otherwise obtained under the provisions of articles 1 to 6 of this title;

(c) Control the exportation, importation, transportation, release, possession, sale, transfer, and donation of wildlife;

(d) Establish requirements for persons who are engaged in the business of buying, selling, processing, or otherwise handling wildlife for the keeping of records of such transactions and to make such records available for inspection;

(e) Provide for the issuance of and require persons to obtain licenses for the purpose of hunting, fishing, trapping, taking, or possession of wildlife in accordance with the provisions of articles 1 to 6 of this title and the rules and regulations adopted pursuant thereto;

(f) Authorize fishing without a license on a statewide basis for up to two days during the calendar year.

(2) The commission shall adopt rules which regulate the conduct of fishing contests in public waters of the state. Such rules may prohibit the holding of such a contest on specific waters and at specific times of the year, but such rules shall not unreasonably restrict persons conducting such a contest from charging an entry fee, awarding prizes to participants, or using marked or tagged fish.

(3) (a) The state agricultural commission shall review the rules concerning captive wild ungulates submitted by the division and make recommendations to the parks and wildlife commission concerning the rules. The parks and wildlife commission shall not pass nor implement rules concerning captive wild ungulates without the approval of the state agricultural commission. If the parks and wildlife commission makes the possession of red deer unlawful in this state, the division shall compensate any person who owns or possesses any red deer on the effective date of the prohibition for the cost to replace such red deer with a legal elk of the same sex and comparable age.

(b) For purposes of this subsection (3), "captive wild ungulates" means wildlife which are ungulates lawfully acquired and held in confinement for breeding for agricultural purposes, production of meat, or other animal products; except that "captive wild ungulates" does not include wildlife held or used for the purpose of hunting or domestic elk or fallow deer held by persons licensed pursuant to section 35-41.5-104, C.R.S.

(c) Captive wild mammals and alternative livestock which have escaped from an owner's control may be removed from the wild by the division of parks and wildlife at the owner's expense, but not sooner than seventy-two hours after the division has given the owner or his designee actual notice of such escape, or the owner has notified the division of such escape. The amount the division of parks and wildlife may charge an owner shall be limited to actual costs incurred by the division to accomplish such removal, subject to further limitation by the following maximum caps:

(I) For native wildlife and for nonnative or exotic wildlife, one thousand dollars per animal not to exceed in the aggregate five thousand dollars per incident; and

(II) For prohibited species, no maximum cap per animal and no maximum cap per incident.

(4) (a) The commission may propose rules concerning:

(I) Hunting of alternative livestock as defined in section 35-41.5-102 (1), C.R.S.;

(II) Maintaining the purity of the native species of elk in the elk herds of Colorado by preventing the introduction of red deer or hybrid nonnative species, whether by the importation of untested live animals, gametes, eggs, sperm, or other genetic material, into Colorado. For purposes of this subparagraph (II), "native species of elk" includes those subspecies native to North America including cervus elaphus roosevelti, cervus elaphus nannodes, cervus elaphus nelsoni, cervus elaphus manitobensis, cervus elaphus canadensis, and cervus elaphus merriavi.

(III) Requirements that owners of alternative livestock have samples taken for the purpose of identifying individual animals;

(IV) Perimeter fences for alternative livestock farms, licensed pursuant to article 41.5 of title 35, C.R.S., to prevent ingress of big game wildlife and egress of alternative livestock.

(b) The state agricultural commission shall review any rules proposed by the commission and may make recommendations to the commission concerning such rules. The state agricultural commission shall approve all rules promulgated pursuant to this section prior to adoption by the commission.

(c) For purposes of carrying out the rules promulgated pursuant to this section, at any reasonable time during regular business hours, the director or the director's designee shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant to:

(I) All buildings, yards, pens, pastures, and other areas in which any alternative livestock is kept, handled, or transported; and

(II) All records required to be kept and to make copies of such records.

(5) Nothing in this section shall be construed to preclude the commissioner of agriculture from authorizing, pursuant to section 35-40-101, C.R.S., the taking of depredating animals.

(6) The commission may adopt rules governing wildlife sanctuaries.
C.R.S. § 33-10-112 — CO Code / Title 33 / Article 10 / Section 33-10-112
33-10-112. Federal aid projects income fund
Status: in_force

33-10-112. Federal aid projects income fund. There is hereby created a fund designated as the federal aid projects income fund to which shall be credited certain revenues and earnings derived from properties purchased and operated jointly by the United States government and the state of Colorado under the provisions of this article, and the provisions of the acts of congress referred to therein, and the rules and regulations of the United States department of the interior. Such revenues and earnings so credited shall be limited to those specific revenues and earnings to which each has a right under the provisions of cooperative agreements establishing such rights. All moneys credited under the provisions of this section are specifically appropriated for the purposes for which such moneys may accrue.
C.R.S. § 33-10-104 — CO Code / Title 33 / Article 10 / Section 33-10-104
33-10-104. Board composition - jurisdiction
Status: repealed

33-10-104. Board composition - jurisdiction. (Repealed)
C.R.S. § 33-1-112 — CO Code / Title 33 / Article 1 / Section 33-1-112
33-1-112. Funds - cost accounting - definition - repeal
Status: repealed

33-1-112. Funds - cost accounting - definition - repeal. (1) (a) Except as provided in subsections (7) and (8) of this section, sections 33-1-112.5 and 33-6-105, and in part 7 of article 22 of title 39, all money received from wildlife license fees, all money from all other wildlife sources, all money from fees collected pursuant to section 42-3-267 (4)(a)(II), and all interest earned on such money shall be deposited in the state treasury and credited to the wildlife cash fund, which fund is hereby created. Except as provided in subsection (1)(c) of this section, the money in the wildlife cash fund shall be utilized for expenditures authorized or contemplated by and not inconsistent with the provisions of articles 1 to 6 of this title 33 for wildlife activities and functions and for the financing of impact assistance grants pursuant to part 3 of article 25 of title 30. All money so deposited in the wildlife cash fund shall remain in the fund to be used for the purposes set forth in the provisions of articles 1 to 6 of this title 33 and shall not be deposited in or transferred to the general fund of the state of Colorado or any other fund.

(b) Repealed.

(c) (I) The division shall use the money from fees paid pursuant to section 42-3-267 (4)(a)(II) and deposited in the wildlife cash fund for any of the following purposes related to the restoration and management of gray wolves pursuant to section 33-2-105.8:

(A) Programs, training, personnel, contractors, and community outreach events related to nonlethal means of mitigating and preventing conflict with gray wolves;

(B) The purchase and deployment of equipment, technology, and training materials related to nonlethal means of mitigating and preventing conflict with gray wolves;

(C) To support research related to developing more effective tools, technology, and methods for mitigating and preventing conflict with gray wolves by nonlethal means;

(D) To support the observation, monitoring, and nonlethal management of gray wolf populations;

(E) For promotion of the "Born to Be Wild" license plate, for which the division shall solicit grant applications annually from, and may award grants to, organizations in order to promote and market the "Born to Be Wild" license plate; or

(F) Other nonlethal means for reducing conflict with gray wolves, as determined by the division.

(II) The division shall not use any money from fees paid pursuant to section 42-3-267 (4)(a)(II) and deposited in the wildlife cash fund for the lethal control of wolves or for compensation for wolf depredation.

(1.5) Repealed.

(1.7) (a) Within three days after June 1, 2022, the state treasurer shall transfer one million dollars from the general fund to the wildlife cash fund. Notwithstanding section 33-1-112.5 (4), the division may use the money to:

(I) Support the goals stated in section 33-12-108 (2)(a)(IV)(C);

(II) Support the needs of backcountry search and rescue activities in accordance with the recommendations of the study completed pursuant to section 33-10-116; and

(III) Cover response costs, equipment, and other related expenses for backcountry search and rescue activities.

(b) This subsection (1.7) is repealed, effective July 1, 2025.

(2) There is hereby created a stores revolving fund in the amount of eight hundred thousand dollars, which amount shall be maintained to acquire stock for warehousing and distributing supplies to operating units of the division. The moneys in such fund shall under no circumstances be used for the payment of operating expenses but shall be maintained intact as a revolving fund of eight hundred thousand dollars, composed of the following assets: Cash, accounts receivable, and inventory supplies. The purpose of the fund is to provide better budgetary control, and nothing contained in this subsection (2) shall authorize the division to make any purchases or acquisitions in any manner except as provided by law.

(3) There is hereby created the vanpool program revolving account. Receipts from participants in vanpools operated by the division shall be deposited to said account and shall be used only to pay the monthly operating and maintenance costs of such vans which are attributable to the use of such motor vehicles in carrying persons to and from work and to pay that portion of the purchase cost of replacement motor vehicles which is attributable to the use of the motor vehicles in carrying persons to and from work.

(3.5) (a) There is hereby created the wildlife management public education fund. Money in the fund consists of the surcharge authorized by section 33-4-102 (8.5), any money the general assembly allocates to the fund, and money collected from gifts, donations, contributions, bequests, grants, and funds or reimbursements made from other sources to the wildlife council created in section 33-4-120.

(b) Money in the wildlife management public education fund is subject to annual appropriation and shall be used by the wildlife council for carrying out its duties as set forth in section 33-4-120, including the reasonable and necessary expenses incurred by council members in fulfilling their duties, as approved by the director.

(c) All receipts and interest derived from the investment of moneys in the wildlife management public education fund shall be credited to such fund.

(4) The director of the division, with the consent and approval of the executive director, is authorized and directed to establish an adequate system of accounting which shall provide accurate and timely records of:

(a) All moneys received and from what sources;

(b) All moneys expended and for what purposes;

(c) All licenses that are issued, numbering each type separately.

(5) In his annual budget request to the governor, the executive director shall clearly show the allocations of funds used for wildlife purposes among operations, land acquisition, and capital construction and for any other purposes.

(6) The cost of nongame programs established under articles 1 to 6 of this title 33 shall be borne by the general fund, the Colorado nongame conservation and wildlife restoration cash fund, the wildlife cash fund, and any other sources deemed appropriate by the general assembly.

(7) (a) (I) (A) There is hereby created in the state treasury the wildlife for future generations trust fund. The fund consists of moneys appropriated to the fund by the general assembly, moneys received from energy or mineral royalties or leases of energy or mineral rights on wildlife properties, and gifts, grants, and donations.

(B) For purposes of this subparagraph (I), "wildlife properties" means state wildlife areas and any other wildlife properties in which the division owns mineral interests.

(C) No less than fifty percent of the total moneys deposited in the fund other than interest shall be accrued and maintained intact, and the remaining balance of the moneys deposited into the fund may be expended subject to appropriation by the general assembly; except that the interest earned on moneys in the fund is continuously appropriated and may be expended on such property operation and maintenance and other wildlife projects and programs as the commission deems appropriate.

(II) The fund is under the control of and administered by the commission. The controller shall authorize disbursements from the fund as directed by the commission on receipt of a voucher from the commission stating that the disbursement is in accordance with this subsection (7).

(III) Repealed.

(IV) All moneys and interest in the fund remain in the fund to be used for the purposes set forth in this subsection (7) and shall not be deposited in or transferred to the general fund or any other fund.

(b) There is hereby created a wildlife habitat account in the wildlife for future generations trust fund, created in paragraph (a) of this subsection (7). The state treasurer shall deduct five million dollars from the wildlife cash fund, created in subsection (1) of this section, and transfer such sum to the wildlife habitat account. The interest earned on such five million dollars shall be continuously appropriated and shall be used solely for operation and maintenance of properties, leases, and easements owned by the division.

(8) (a) There is hereby created in the state treasury the habitat partnership cash fund. The moneys in the habitat partnership cash fund shall consist of those moneys annually transferred from the wildlife cash fund in accordance with paragraph (e) of this subsection (8) for the partnership program and any gifts, grants, donations, and reimbursements made to the program from other sources. The moneys in the fund shall be used in accordance with the duties of the habitat partnership council as specified in section 33-1-110 (7) and (8), including, but not limited to, reasonable and necessary expenses incurred by council members in the fulfillment of their duties, as approved by the director. All interest derived from the investment of moneys in the habitat partnership cash fund shall be credited to the fund. Any balance remaining in the fund at the end of any fiscal year shall remain in the fund subject to the limitations provided in paragraph (e) of this subsection (8).

(b) Notwithstanding section 24-1-136 (11)(a)(I), the council shall submit an annual report to the commission, the senate and house agriculture committees, and the executive director of the department of natural resources specifically stating the items for which it has expended money from the fund and the purpose of such items.

(c) If the council ceases to exist, all moneys in the habitat partnership cash fund shall revert to the wildlife cash fund.

(d) (Deleted by amendment, L. 96, p. 1729, § 2, effective June 3, 1996.)

(e) (I) On July 1, 2002, and each year thereafter, there shall be transferred from the wildlife cash fund to the habitat partnership cash fund an amount equal to five percent of the net sales of big game licenses used in the geographic areas represented by local habitat partnership committees from the previous calendar year.

(II) All moneys in the habitat partnership cash fund shall be continuously appropriated to the division of parks and wildlife for the purpose of funding the habitat partnership program.

(III) The balance of unexpended and unencumbered money in the habitat partnership cash fund at the end of each state fiscal year must not exceed the total amount of the wildlife cash fund transfer from the beginning of that state fiscal year. Any amount of unexpended and unencumbered money in the habitat partnership cash fund at the end of a state fiscal year that exceeds the amount transferred to the fund at the beginning of that state fiscal year reverts to the wildlife cash fund.

(IV) Repealed.
C.R.S. § 33-4-101.3 — CO Code / Title 33 / Article 4 / Section 33-4-101.3
33-4-101.3. Black bears - declaration of intent - spring season hunting prohibited - prohibi
Status: in_force

33-4-101.3. Black bears - declaration of intent - spring season hunting prohibited - prohibited means of taking - penalty. (1) It is the intent of the voters of Colorado in adopting this measure to prohibit the taking of black bears when female black bears are rearing their cubs. It is the further intent of the voters of Colorado to promote the concept of fair chase in the taking of black bears by eliminating the use of bait and dogs. In considering proposed changes to the restrictions on the taking of black bears which are established in this measure, the Colorado general assembly shall take notice of the fact that this measure was adopted by a vote of the people at the 1992 general election.

(2) During the period from March 1 through September 1 of any calendar year, it is unlawful for any person to take a black bear by any means including but not limited to firearm or bow and arrow.

(3) It is unlawful for any person to take a black bear with the use of bait, or with the use of one or more dogs, at any time during any calendar year. In the event that a dog or dogs accidentally chases a black bear while the owner or person in control of such dog or dogs is in legal pursuit of other game, such owner or person in control of the dog or dogs shall not be charged with the illegal taking of a black bear so long as the dog or dogs are called off as soon as the mistake is realized and the black bear is not injured or killed.

(4) The provisions of this section shall not apply to employees or agents of the division of parks and wildlife or to field agents of the United States department of agriculture when such employees or agents are acting in their official capacity, nor shall this section apply to any person who lawfully takes a black bear in defense of livestock, real property, a motor vehicle, or human life pursuant to section 33-3-106.

(5) For purposes of this section, "bait" means to place, expose, deposit, distribute, or scatter salt, minerals, grain, animal parts, or other food, so as to constitute a lure, attraction, or enticement for black bears on or over any area where hunters are attempting to take black bears.

(6) Any person who violates any provision of this section commits a class 2 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501. In addition, persons convicted pursuant to this section shall have their wildlife license privileges suspended for five years and persons convicted of a second or subsequent offense pursuant to this section shall have their wildlife license privileges suspended permanently.

(7) For the purposes of this section, "agent" means any qualified individual trained in wildlife procedures and operating under the direction of the division of parks and wildlife.
C.R.S. § 33-5-104 — CO Code / Title 33 / Article 5 / Section 33-5-104
33-5-104. Notice by commission
Status: in_force

33-5-104. Notice by commission. Within thirty days after the receipt of any plans submitted to it, the commission shall notify the applicant if the planned construction or project will adversely affect the stream involved. If an applicant is notified that the planned construction will adversely affect any stream involved, the commission shall accompany such notice with recommendations or alternative plans which will eliminate or diminish such adverse effect.
C.R.S. § 33-61-102 — CO Code / Title 33 / Article 61 / Section 33-61-102
33-61-102. Definitions
Status: in_force

33-61-102. Definitions. As used in this article 61, unless the context otherwise requires:

(1) "Barrel" means forty-two United States gallons at sixty degrees Fahrenheit at atmospheric pressure.

(2) "Commission" means the energy and carbon management commission created in section 34-60-104.3 (1).

(3) "Executive director" means the executive director of the department of revenue.

(4) "Fund" means the climate resilient wildlife and land cash fund created in section 33-61-103 (3)(a).

(5) "Gas" has the meaning set forth in section 34-60-103 and includes natural gas liquids.

(6) "Gas spot price" means the Henry Hub natural gas spot price as reported by the United States energy information administration or a successor price index selected by the commission.

(7) "MCF" means one thousand cubic feet.

(8) "MMBTU" means one million British thermal units.

(9) "Oil" has the meaning set forth in section 34-60-103.

(10) "Oil spot price" means the west Texas intermediate spot price as reported by the United States energy information administration or a successor price index selected by the commission.

(11) "Producer" has the meaning set forth in section 34-60-103.

(12) "Production fee amounts" means:

(a) For oil, if the average oil spot price for the calendar quarter in which the fee is being assessed is:

(I) Forty dollars per barrel of oil or less, an amount determined by the division, with a maximum amount of one cent per barrel of oil;

(II) Greater than forty dollars but less than or equal to fifty dollars per barrel of oil, an amount determined by the division, with a maximum amount of three cents per barrel of oil;

(III) Greater than fifty dollars but less than or equal to sixty dollars per barrel of oil, an amount determined by the division, with a maximum amount of six cents per barrel of oil; and

(IV) Greater than sixty dollars per barrel of oil, an amount determined by the division, which amount must only increase at a maximum rate of three cents for each ten dollars, or fraction of ten dollars, by which the average oil spot price exceeds sixty dollars per barrel of oil; and

(b) For gas, if the average gas spot price for the calendar quarter in which the fee is being assessed is:

(I) One dollar and forty cents per MMBTU of gas or less, an amount determined by the division, with a maximum amount of 0.04 cents per MCF of gas;

(II) Greater than one dollar and forty cents but less than or equal to one dollar and eighty cents per MMBTU of gas, an amount determined by the division, with a maximum amount of 0.16 cents per MCF of gas;

(III) Greater than one dollar and eighty cents but less than or equal to two dollars and twenty cents per MMBTU of gas, an amount determined by the division, with a maximum amount of 0.28 cents per MCF of gas; and

(IV) Greater than two dollars and twenty cents per MMBTU of gas, an amount determined by the division, which amount must only increase at a maximum rate of 0.12 cents for each forty cents, or fraction of forty cents, by which the average gas spot price exceeds two dollars and twenty cents per MMBTU of gas.

(13) "Production fee for clean transit" or "production fees for clean transit" means the production fee for clean transit imposed by the clean transit enterprise pursuant to section 43-4-1204.

(14) "Production fee for wildlife and land remediation", "production fees for wildlife and land remediation", or "fee" means the production fee for wildlife and land remediation imposed by the division pursuant to section 33-61-103 (1)(a).
C.R.S. § 33-6-121 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-121
33-6-121. Hunters to wear fluorescent pink or daylight fluorescent orange garments
Status: in_force

33-6-121. Hunters to wear fluorescent pink or daylight fluorescent orange garments. (1) Unless otherwise provided by commission rule, it is unlawful for any person to hunt or take elk, deer, pronghorn, moose, or black bear with any firearm unless the person is wearing fluorescent pink or daylight fluorescent orange garments that meet the following requirements:

(a) Garments are solid fluorescent pink or daylight fluorescent orange colored material and are of sufficient brightness to be seen conspicuously from a reasonable distance.

(b) Garments shall be a minimum of five hundred square inches and shall be worn as an outer garment above the waist, part of which shall be a hat or head covering visible from all directions.

(2) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of five license suspension points.
C.R.S. § 33-6-117 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-117
33-6-117. Willful destruction of wildlife - legislative intent
Status: in_force

33-6-117. Willful destruction of wildlife - legislative intent. (1) (a) Except as is otherwise provided in articles 1 to 6 of this title or by rule of the commission, it is unlawful for a person:

(I) To hunt or take, or to solicit another person to hunt or take, wildlife and detach or remove, with the intent to abandon the carcass or body, only the head, hide, claws, teeth, antlers, horns, internal organs, or feathers or any or all of such parts;

(II) To intentionally abandon the carcass or body of taken wildlife; or

(III) To take and intentionally abandon wildlife.

(b) A person who violates this subsection (1), with respect to:

(I) Big game, eagles, and endangered species, commits a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S., and, in addition, shall be punished by a fine of not less than one thousand dollars nor more than twenty thousand dollars. For offenses committed on or after July 1, 1985, the fine shall be in an amount within the presumptive range set out in section 18-1.3-401 (1)(a)(III), C.R.S. Upon such conviction, the commission shall assess twenty license suspension points and suspend the wildlife license privileges for one year to life of the person convicted.

(II) All other wildlife species, commits a class 2 misdemeanor and is assessed twenty license suspension points.

(2) The purpose and intent of this section is to protect the wildlife of this state from wanton, ruthless, or wasteful destruction or mutilation for their heads, hides, claws, teeth, antlers, horns, internal organs, or feathers, from being taken and abandoned, or any or all of the foregoing, and the provisions of this section shall be so construed.
C.R.S. § 33-11-101 — CO Code / Title 33 / Article 11 / Section 33-11-101
33-11-101. Short title
Status: in_force

33-11-101. Short title. This article shall be known and may be cited as the "Recreational Trails System Act of 1971".
C.R.S. § 33-4-113 — CO Code / Title 33 / Article 4 / Section 33-4-113
33-4-113. Certificate of competency and safety - when necessary
Status: repealed

33-4-113. Certificate of competency and safety - when necessary. (Repealed)
C.R.S. § 33-14.5-108 — CO Code / Title 33 / Article 14.5 / Section 33-14.5-108
33-14.5-108. Off-highway vehicle operation prohibited on streets, roads, and highways
Status: in_force

33-14.5-108. Off-highway vehicle operation prohibited on streets, roads, and highways. (1) It is unlawful to operate an off-highway vehicle on the public streets, roads, or highways of this state, regardless of the state or other jurisdiction in which the off-highway vehicle is registered or titled, except in the following cases:

(a) When a street, road, or highway is designated open by the state or any agency of the state;

(b) When crossing streets or when crossing roads, highways, or railroad tracks in accordance with section 33-14.5-108.5;

(c) When traversing a bridge or culvert;

(d) During special off-highway vehicle events lawfully conducted pursuant to the authority granted to local political subdivisions in this article;

(e) During emergency conditions declared by the proper state or local authority;

(f) When local political subdivisions have authorized by ordinance or resolution the establishment of off-highway vehicle routes to permit the operation of off-highway vehicles on city streets or county roads, but no street or road which is part of the state highway system may be so designated;

(g) When using an off-highway vehicle for agricultural purposes;

(h) When authorized under subsection (3) of this section; and

(i) When a public utility, as defined in section 40-1-103 (1), C.R.S., or a cooperative electric association, as defined in section 40-9.5-102, C.R.S., or any agent thereof designated specifically for the purpose of meter reading or repair, is using an off-highway vehicle for business purposes.

(2) Any person who violates subsection (1) of this section commits a civil infraction and, upon conviction, shall be punished by a fine of fifty dollars.

(3) (a) Except as otherwise provided in paragraph (d) of this subsection (3), it is unlawful for a person to operate a motor vehicle on any federal public land, trail, or road unless the federal public land, trail, or road is signed or otherwise authorized for such use. A peace officer shall not enforce this paragraph (a) within an administrative unit of federal public land until the controlling land management agency identifies whether a route is available for motorized travel by maps, route markers, or signs that are available to the public and provide information to determine whether the route is authorized. Except for violations occurring within a federal wilderness area, a person who violates this paragraph (a) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars. A person who violates this paragraph (a) within a federal wilderness area is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars.

(b) A person is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred fifty dollars if the person, without authorization, takes either of the following actions with regard to a sign located on federal public land that affects whether motor vehicle travel is or purports to be authorized:

(I) Removes, defaces, or destroys such a sign that was installed by the controlling land management agency; or

(II) Installs such a sign.

(c) A peace officer may enforce this subsection (3).

(d) (I) The prohibition and penalties expressed in paragraphs (a) and (b) of this subsection (3) do not apply to 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 federal public land, trail, or road by legal right or by permission of the controlling land management agency, including administrative and emergency access, facility maintenance, ski area operations, oil and gas operations, logging operations, and motor vehicle use that is authorized under permits, including for special events, recreational uses, firewood gathering, and livestock operations and activities.

(II) Nothing in this subsection (3) affects any authority that the parks and wildlife commission has pursuant to law other than this subsection (3) to regulate motor vehicle travel on lands subject to the commission's jurisdiction.
C.R.S. § 33-33-109 — CO Code / Title 33 / Article 33 / Section 33-33-109
33-33-109. Effect of article - rights of property owners - water rights - prior designation
Status: in_force

33-33-109. Effect of article - rights of property owners - water rights - prior designations. (1) Nothing in this article shall be construed as:

(a) Diminishing the rights of owners of property as provided in the constitution of this state or in the constitution of the United States;

(b) Modifying or amending existing laws or court decrees with respect to the determination or administration of water rights;

(c) Affecting any previous designation of an area as a natural area.
C.R.S. § 33-10-106 — CO Code / Title 33 / Article 10 / Section 33-10-106
33-10-106. Duties of the commission - rules
Status: repealed

33-10-106. Duties of the commission - rules. (1) The commission shall:

(a) Promulgate rules and orders relating to parks and outdoor recreation programs which are necessary to carry out the purposes of articles 10 to 15 and 32 of this title;

(b) Administer the provisions of articles 10 to 15 and 32 of this title through the division and control, manage, develop, and maintain all state parks and state recreation areas, consistent with the state policy as set forth in section 33-10-101;

(c) Establish parks and outdoor recreation uses for the areas, lakes, properties, and facilities under its control or which may be acquired or come under its control or supervision after July 1, 1972, where such areas, lakes, properties, or facilities are suitable for such uses;

(d) Relate the parks and outdoor recreation programs to the populations and economies of the regions to be served and attempt to acquire pursuant to legislative authorization suitable lands for parks and outdoor recreation before their price has placed them beyond the means of the public treasury;

(e) Through the division, enforce the laws and rules relating to parks and outdoor recreation areas;

(f) Assure maximum development and protection of wildlife habitat consistent with park and outdoor recreation operations and provide full opportunity for the hunter and fisherman to harvest the surplus wildlife resources on all state park and outdoor recreation areas whenever public safety can be maintained;

(g) Review dollar amount certifications submitted to it by eligible counties pursuant to part 3 of article 25 of title 30, C.R.S., determine the amounts to be certified to the general assembly, and certify said amounts pursuant to part 3 of article 25 of title 30, C.R.S.;

(h) Select areas in proximity to lakes, streams, or reservoirs to be studied by the division for purposes of determining their suitability for the establishment of trails under article 11 of this title;

(i) Designate trails to be part of the Colorado greenway trails system based on recommendations of the division pursuant to section 33-10-108 (1)(h);

(j) (I) Promulgate rules as necessary to implement section 33-10-108.5, including, without limitation:

(A) Procedures for entering into contracts or agreements for interpretive or educational services;

(B) If a contract or agreement calls for the provision of interpretive or educational materials by a private organization, guidelines for approval of the interpretive or educational materials, including both printed matter and the content of any lecture, guided tour, audiovisual program, or other presentation, to ensure that factual representations are scientifically valid and objectively supported and that, where there is more than one responsible viewpoint on an issue, all such responsible viewpoints are presented in a balanced manner; and

(C) Procedures for renewal and dissolution of contracts or agreements for interpretive or educational services.

(II) In adopting rules pursuant to this paragraph (j), the commission shall consult with the director and personnel of the division and shall not initiate any special or additional rule-making hearings outside the commission's normal rule-making schedule. The intent of this subparagraph (II) is to allow the commission and the division to implement section 33-10-108.5 within existing appropriations.

(III) Whenever the commission negotiates a contract or agreement affecting a specific state park, natural area, or facility, the commission shall promptly give written notice to the staff assigned to that park, area, or facility.

(2) The commission shall adopt such rules as may be reasonably necessary for the administration, protection, and maintenance of all state parks and recreation areas under the direct control of the division. Specifically, the commission has the power to adopt rules for such areas on the following matters:

(a) Preservation of property, vegetation, wildlife, signs, markers, or buildings or other structures, and any object of scientific value or interest;

(b) Restriction or limitation of the use of any such area either as to time, manner, or permitted activities;

(c) Prohibition of activities or conduct which may be reasonably expected to substantially interfere with the use and enjoyment of such areas by the general public or which may constitute a general nuisance;

(d) Necessary sanitation, health, and safety measures;

(e) Camping and picnicking, including the place, time, and manner in which such activities are permitted;

(f) Use of motor vehicles and vessels, as to place, time, and manner of operation;

(g) Control and limitation of fires and designation of places where fires are permitted;

(h) Requirements essential for the proper management of state parks and outdoor recreation functions and uses.

(3) Rules that apply to any particular area under the control of the division shall be prominently posted at such area, and general parks and outdoor recreation rules applying to all state parks and recreation areas shall be prominently posted at all public entrances to any such areas and at such other places as the division deems necessary. Permission to enter and use any state park or recreation area under the control of the division shall be conditioned upon compliance with the rules governing any such area, and any person who violates such rules may be cited for violations thereof, or required to leave the area for a twenty-four-hour period by division personnel or by other persons specifically authorized to enforce such rules by the division, or both.

(4) (a) Rule-making procedures are as prescribed in article 4 of title 24, C.R.S., except as otherwise provided in articles 10 to 15 and 32 of this title. Notice of rules may also be given other publicity as the commission may deem desirable.

(b) A certified copy, which may be certified by the director or the director's designee, of any rule or order of the commission constitutes prima facie evidence in any court of this state. A printed copy of any rule purporting or proved to have been adopted and published by the authority of the commission or as published in the code of Colorado regulations in accordance with section 24-4-103, C.R.S., is presumptive evidence of such rule and its adoption.

(c) All rules and orders of the commission, lawfully adopted and in force on December 31, 1984, continue to be effective until revised, amended, repealed, or nullified, or until they have expired, pursuant to law.
C.R.S. § 33-4-120 — CO Code / Title 33 / Article 4 / Section 33-4-120
33-4-120. Wildlife council - creation
Status: repealed

33-4-120. Wildlife council - creation. (1) (a) The director of the division shall appoint nine individuals, at least three of whom are from the western slope, to act as the wildlife council, referred to in this section as the "council". The council has statewide responsibility and authority.

(b) (I) The council shall consist of the following members:

(A) Two sports persons who purchase big game licenses on a regular basis in Colorado, one of whom is from the western slope;

(B) Two sports persons who purchase fishing licenses on a regular basis in Colorado, one of whom is from the western slope;

(C) One person representing local counties in rural areas of Colorado, the economies of which have a substantial income from hunting or fishing recreation;

(D) One person representing municipalities in rural areas of Colorado, the economies of which have a substantial income from hunting or fishing recreation;

(E) One person representing the division of parks and wildlife;

(F) One person, who shall not be an employee of the division, with a substantial background in media and marketing operations; and

(G) One person representing agricultural producers.

(II) The council members appointed pursuant to sub-subparagraphs (A) and (B) of subparagraph (I) of this paragraph (b) shall be nominated by organized sports person groups with regional or statewide membership. The council members appointed pursuant to sub-subparagraphs (C) and (D) of subparagraph (I) of this paragraph (b) shall be nominated by organizations that represent the interests of such counties and municipalities.

(III) All members of the council shall be residents of the state of Colorado.

(IV) Every effort shall be made by the director to appoint members from all geographic areas of the state.

(c) A member shall serve for no more than two terms; except that no member representing the division of parks and wildlife shall be so limited. The appointments to the council shall be as follows:

(I) The initial terms for the two members representing sports persons who hunt shall be two years for one member of said group and four years for the other member of said group.

(II) The initial terms for the two members representing sports persons who fish shall be two years for one member of said group and four years for the other member of said group.

(III) The initial term length for the member representing the division shall be at the discretion of the director of the division.

(IV) The initial term length for the member representing counties and for the member representing agricultural producers shall be four years.

(V) The initial term length for the member representing municipalities and for the member with substantial experience in media and marketing operations shall be two years.

(VI) After the initial appointments, all subsequent appointments shall be for four years.

(d) Members of the council shall be compensated from the wildlife cash fund created in section 33-1-112 (1), for the reasonable and necessary expenses they incur in connection with their activities for the council.

(e) The council shall perform the following duties:

(I) Oversee the design of a comprehensive media-based public information program to educate the general public about the benefits of wildlife, wildlife management, and wildlife-related recreational opportunities in Colorado, specifically hunting and fishing;

(II) Prepare an operational plan for the director's approval no later than December 1, 1998;

(III) Expend moneys from the wildlife management public education fund in accordance with the operational plan approved by the director; except that all such expenditures shall be within the scope of the activities and funding levels authorized in such operational plan.

(f) Repealed.

(2) Nothing in this section shall be construed to be a mechanism to substitute funding that would otherwise be available for expenditure by the division, or to replace or reduce the obligation of the division to carry out public information programs under this title.

(3) Repealed.
C.R.S. § 33-6-207 — CO Code / Title 33 / Article 6 / Part 2 / Section 33-6-207
33-6-207. Exemption - landowners' protection of crops and livestock - definitions - author
Status: in_force

33-6-207. Exemption - landowners' protection of crops and livestock - definitions - authority of division and of department of agriculture. (1) Section 33-6-203 shall not apply to the owner or lessee of a parcel of private property, nor to the employees of such owner or lessee, so long as all of the following conditions are met:

(a) The property is primarily used for commercial livestock or crop production;

(b) The use of the methods otherwise prohibited by section 33-6-203 occurs only on the property;

(c) Such use does not exceed one thirty-day period per year for each parcel of private property; and

(d) The owner or lessee can present on-site evidence to the division that ongoing damage to livestock or crops has not been alleviated by the use of methods other than those prohibited by section 33-6-203.

(2) As used in this section and in section 33-6-208:

(a) "Crops" includes all plants raised for profit.

(b) "Employee" means a person hired or retained by, or under a written or oral contract or cooperative agreement with, an owner or lessee to perform services of any kind.

(c) "Lessee" means a person, other than the owner, who has a present possessory interest in real property. If the possessory interest is held by a corporation, partnership, association, or other entity, "lessee" includes the individual shareholders, principals, partners, or members of such entity. If the possessory interest is held in trust, "lessee" includes a beneficiary of such trust.

(d) "Livestock" includes all animals raised for profit.

(e) "Ongoing damage" means measurable physical harm to livestock or crops that has resulted or will result in economic loss to an owner or lessee and appears likely to continue or recur in the near future.

(f) (I) "On-site evidence" means physical evidence or documented observations gathered from the property on which trapping, snaring, or poisoning activity is proposed under subsection (1) of this section. Such evidence includes, but is not limited to:

(A) Carcasses or parts thereof;

(B) Physical injuries to livestock;

(C) Identifying tracks, tooth marks, fur, or other evidence of the presence and harmful activity of a depredating species;

(D) Photographs;

(E) Record entries.

(II) Where direct evidence has not been preserved, current or recent losses may be considered as "on-site evidence" so long as such losses are documented.

(g) "Owner" means the holder of record title to real property. If the title to real property is held by a corporation, partnership, association, or other entity, "owner" includes the individual shareholders, principals, partners, or members of such entity. If the title to real property is held in trust, "owner" includes a beneficiary of such trust.

(h) "Parcel of private property" means either of the following, at the option of the owner or lessee thereof:

(I) A parcel of private property that has been individually recorded in the office of the county clerk in the county in which the parcel is located; or

(II) A single, contiguous parcel of private property under one ownership or lease.

(i) "Primarily used for commercial livestock or crop production" means used to produce agricultural products that originate from the land's productivity for the primary purpose of obtaining a monetary profit.

(j) "Private property" means real property whose record title is not held, wholly or in part, by any state, local, or federal government or agency thereof.

(3) The division and, in the case of depredating animals as defined in section 35-40-100.2 (4), C.R.S., the department of agriculture shall have the authority to adopt and enforce reasonable rules governing trapping, snaring, and poisoning activity under subsection (1) of this section. Such rules may include, without limitation, reasonable restrictions on the devices and, to the extent permissible under section 33-6-209, the poisons to be used and the manner of their use, including a requirement for serial numbering or other identification of devices if such is deemed necessary or desirable. The general assembly specifically endorses the implementation of a coordinated trade-in or pooling program to encourage the phasing out of older, less humane devices and the use, in their place, of newer, more humane ones.
C.R.S. § 33-61-107 — CO Code / Title 33 / Article 61 / Section 33-61-107
33-61-107. Books and records
Status: in_force

33-61-107. Books and records. Every producer shall keep complete and accurate records necessary for the determination of the correct amount of the production fees for wildlife and land remediation and production fees for clean transit collected pursuant to this article 61 and section 43-4-1204. The producer shall provide a copy of the records required to be kept pursuant to this section and any other records determined to be necessary by the executive director for the correct amount of the production fees for wildlife and land remediation and production fees for clean transit due, to the executive director, if so requested. The executive director may establish the acceptable form of such records.
C.R.S. § 33-13-108.3 — CO Code / Title 33 / Article 13 / Section 33-13-108.3
33-13-108.3. Records to be kept by the division
Status: in_force

33-13-108.3. Records to be kept by the division. The division shall file all abstracts of court records of convictions of violations of sections 33-13-108.1 and 33-13-108.2 and shall maintain a suitable alphabetical index for such file.
C.R.S. § 33-33-106 — CO Code / Title 33 / Article 33 / Section 33-33-106
33-33-106. Colorado natural areas council
Status: repealed

33-33-106. Colorado natural areas council. (1) There is hereby created the Colorado natural areas council as an advisory council to the commission. The council shall advise the commission on the administration of the program and shall approve the registry and recommend the designation of natural areas by the commission.

(2) The council consists of the following seven members:

(a) One member each from the commission and the state board of land commissioners, appointed by their respective commission or board, who serve for three-year terms; and

(b) Five members appointed by the governor, who are individuals with an interest in the preservation of natural areas and who serve for four-year terms.

(3) Vacancies shall be filled in the same manner as original appointments for the balance of the unexpired term. All members of the council shall be residents of the state of Colorado, and no member appointed by the governor shall serve longer than two successive terms.

(4) The council shall, by majority vote of all members, elect its chairman from among the members appointed by the governor. A simple majority of the council membership shall constitute a quorum for the transaction of business.

(5) Members of the council shall receive no compensation for their service on the council but shall be reimbursed for necessary expenses incurred in the performance of their duties.

(6) The council shall hold at least one regular meeting in each quarter of each calendar year and shall keep a record of its proceedings, which shall be open to the public for inspection. Special meetings may be called by the chairman and shall be called by him upon written request therefor signed by two or more members. A written notice of the time and place of each meeting shall be sent to each member.

(7) Repealed.
C.R.S. § 33-4-109 — CO Code / Title 33 / Article 4 / Section 33-4-109
33-4-109. Specimens may be held - when
Status: repealed

33-4-109. Specimens may be held - when. (Repealed)
C.R.S. § 33-33-104 — CO Code / Title 33 / Article 33 / Section 33-33-104
33-33-104. Colorado natural areas program
Status: in_force

33-33-104. Colorado natural areas program. (1) There is hereby established a statewide Colorado natural areas program to implement the intent and provisions of this article. The program shall be administered by the commission through the division with the advice of the council.

(2) The program shall identify and protect certain natural areas in this state which provide, among other benefits, the following benefits:

(a) Serve as examples of the native condition in studies relating to air, water, and soil quality and habitat productivity;

(b) Serve as resource material from which new knowledge may be derived and as a reservoir of genetic material which has present and future value to scientific inquiry;

(c) Provide habitat for rare or endangered animal or plant species;

(d) Serve as outdoor classrooms and laboratories for scientific study by students of all ages; or

(e) Serve as areas of natural beauty, inspiration, and diversity which meet aesthetic needs and which enrich the meaning and enjoyment of human life.