CO Code § 33-1-112.5 (2021)
2021 Colorado Code|Title 33 - Parks and Wildlife|Article 1 - Wildlife- General Provisions|§ 33-1-112.5. Backcountry Search and Rescue Fund - Repeal

  There is hereby created in the state treasury a backcountry search and rescue fund. Such fund is established to assist any agency or political subdivision of the state of Colorado for costs incurred in backcountry search and rescue activities involving persons holding hunting or fishing licenses; vessel, snowmobile, or off-highway vehicle registrations; or a Colorado outdoor recreation backcountry search and rescue card. Reimbursable costs are limited to actual operational expenses. Reimbursable costs shall not include salaries paid to persons permanently employed by the agency or political subdivision.      A surcharge of twenty-five cents shall be assessed on each license listed in section 33-4-102 (1) and (1.4) that is sold by the division or one of its license agents pursuant to section 33-4-101. Receipts and interest from the surcharge shall be deposited in the backcountry search and rescue fund created in subsection (1) of this section.    A surcharge of twenty-five cents shall be assessed on each vessel, each snowmobile, and each off-highway vehicle registration that is sold by the division or one of its agents pursuant to section 33-13-103, 33-14-102, or 33-14.5-102. Receipts and interest from the surcharge shall be deposited in the backcountry search and rescue fund created in subsection (1) of this section. To coincide with annual registration renewal schedules, the surcharge shall be assessed on an annual basis beginning on October 1, 1992, for snowmobile registrations, January 1, 1993, for vessel registrations, and April 1, 1993, for off-highway vehicle registrations.      The general assembly hereby creates the Colorado outdoor recreation backcountry search and rescue card program. The department of local affairs shall make a Colorado outdoor recreation backcountry search and rescue card available to the public in accordance with this subsection (2)(c) to backpackers, hikers, mountain and trail bikers, cross country skiers, and other persons who use the Colorado backcountry for recreation. The department of local affairs shall establish procedures for the licensing of vendors who sell the outdoor recreation backcountry search and rescue card, the printing of such cards, and the distribution of such cards to vendors for sale to the public. (c) (I) The general assembly hereby creates the Colorado outdoor recreation backcountry search and rescue card program. The department of local affairs shall make a Colorado outdoor recreation backcountry search and rescue card available to the public in accordance with this subsection (2)(c) to backpackers, hikers, mountain and trail bikers, cross country skiers, and other persons who use the Colorado backcountry for recreation. The department of local affairs shall establish procedures for the licensing of vendors who sell the outdoor recreation backcountry search and rescue card, the printing of such cards, and the distribution of such cards to vendors for sale to the public.    The Colorado outdoor recreation backcountry search and rescue card shall cost three dollars and shall be valid for one year from the date of purchase. The department shall charge vendors two dollars for each Colorado outdoor recreation backcountry search and rescue card, which shall be transmitted to the state treasurer, who shall credit the amount to the backcountry search and rescue fund created in subsection (1) of this section. The remaining one dollar shall be retained by the vendor as the vendor's fee.    The department may issue a multi-year Colorado outdoor recreation backcountry search and rescue card that shall be valid for a period not to exceed five years. Such multi-year card may be offered at a reduced rate to vendors with a reduced vendor fee to reflect administrative cost savings and other considerations.    The general assembly finds and declares that the Colorado outdoor recreation backcountry search and rescue card program is a new program. The department of local affairs is therefore authorized to contract, pursuant to section 24-50-504 (2)(b), with a person, corporation, or entity for any elements of the administration of the program created by this subsection (2)(c).          All agencies and political subdivisions of the state shall have the right to make a claim on the backcountry search and rescue fund for reimbursement of costs incurred in the performance of backcountry search and rescue activities involving those persons specified in subsection (1) of this section. Such claims shall be submitted to the department of local affairs for immediate consideration. Any reimbursement claims which have been certified by the sheriff of the county in which the backcountry search and rescue activity occurred shall be eligible for payment by the department of local affairs. The department of local affairs shall establish rules for the procedure through which claims shall be submitted and for payment of such claims.    The backcountry search and rescue fund created in subsection (1) of this section shall be the sole source of funds for the reimbursement of costs incurred under this section in backcountry search and rescue activities involving those persons specified in subsection (1) of this section. The wildlife cash fund established in section 33-1-112 and the parks and outdoor recreation cash fund established in section 33-10-111 shall not be used for reimbursement of costs as provided in this section.    The money in the backcountry search and rescue fund created in subsection (1) of this section shall be subject to annual appropriation by the general assembly for the direct and indirect costs of the administration of this section.    At the close of any fiscal year, all of the money remaining in the backcountry search and rescue fund and appropriated for backcountry search and rescue expenses, after all approved claims and administrative costs have been paid, shall be divided among those counties that have applied to the department of local affairs for year-end grants or reimbursements from the backcountry search and rescue fund. The department of local affairs shall divide such money among the counties, first making payment for uncompensated backcountry searches and rescues of parents, siblings, spouses, children, or grandchildren of persons holding hunting or fishing licenses, vessel, snowmobile, or off-highway vehicle registrations, or the owner of a Colorado outdoor recreation backcountry search and rescue card and second making payment for backcountry-search-and-rescue-related training and equipment, and for any other uncompensated backcountry search and rescue incidents. The department of local affairs shall establish operating procedures for applying for year-end grants or reimbursements from the money remaining in the backcountry search and rescue fund.       (Deleted by amendment,L. 2001, p. 599, § 1, effective July 1, 2001.)      Within three days after June 21, 2021, the state treasurer shall transfer two million two hundred fifty thousand dollars from the general fund to the backcountry search and rescue fund for use by the department of local affairs in consultation with the division to support backcountry search and rescue efforts, including to cover response costs, equipment, and other related expenses.    The restrictions on use of money set forth in this section do not apply to the department of local affairs' use of the money transferred pursuant to subsection (9)(a) of this section.    This subsection (9) is repealed, effective September 1, 2024.        History. Source: L. 87: Entire section added, p. 1266, § 2, effective January 1, 1988. L. 89: (2) amended, p. 1343, § 3, effective July 1. L. 91: (2) amended, p. 1920, § 46, effective June 1. L. 92: (1), (2), (3), and (4) amended and (6) added, p. 1906, § 1, effective June 1. L. 94: (1), (2)(a), (5) and (6) amended, p. 1733, § 1, effective January 1, 1995. L. 95: (3) and (6) amended and (7) and (8) added, p. 475, § 1, effective July 1. L. 96: (2)(b) amended, p. 779, § 2, effective May 23. L. 2001: (1), (2)(a), (6), (7), and (8) amended and (2)(c) added, p. 599, § 1, effective July 1. L. 2005: (2)(a) amended, p. 474, § 5, effective January 1, 2006. L. 2021: (9) added,(HB 21-1326), ch. 274, p. 1592, § 3, effective June 21; entire section amended,(SB 21-245), ch. 358, p. 2336, § 4, effective June 27.    Cross references:   For the legislative declaration in SB 21-245, see section 1 of chapter 358, Session Laws of Colorado 2021.