CO Code § 33-1-112 (2021)
2021 Colorado Code|Title 33 - Parks and Wildlife|Article 1 - Wildlife- General Provisions|§ 33-1-112. Funds - Cost Accounting - Definition - Repeal

     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, C.R.S., all moneys received from wildlife license fees, and all moneys from all other wildlife sources, and all interest earned on such moneys shall be deposited in the state treasury and credited to the wildlife cash fund, which fund is hereby created, and such moneys shall be utilized for expenditures authorized or contemplated by and not inconsistent with the provisions of articles 1 to 6 of this title for wildlife activities and functions and for the financing of impact assistance grants pursuant to part 3 of article 25 of title 30, C.R.S. All moneys so deposited in the wildlife cash fund shall remain in such fund to be used for the purposes set forth in the provisions of articles 1 to 6 of this title and shall not be deposited in or transferred to the general fund of the state of Colorado or any other fund.    Repealed. (1.5)   Within three days after June 21, 2021, the state treasurer shall transfer three million five hundred thousand dollars from the general fund to the wildlife cash fund for use by the division to implement its state wildlife action plan and the conservation of native species.    This subsection (1.5) is repealed, effective September 1, 2024.          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.    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)   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.    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.    All receipts and interest derived from the investment of moneys in the wildlife management public education fund shall be credited to such fund.       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:   All moneys received and from what sources;    All moneys expended and for what purposes;    All licenses that are issued, numbering each type separately.       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.    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.          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. (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.    For purposes of this subparagraph (I), “wildlife properties” means state wildlife areas and any other wildlife properties in which the division owns mineral interests.    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.       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).    Notwithstanding section 24-1-136 (11)(a)(I), the commission shall submit an annual report of the money expended from the fund and matters accomplished by the expenditures from the preceding fiscal year to the senate agriculture, natural resources, and energy committee and the house of representatives agriculture, livestock, and natural resources committee, or their successor committees, by the convening date of each regular session of the general assembly in accordance with section 24-1-136 (9). The commission shall also submit to these committees a report on money proposed to be expended from the fund and the matters to be accomplished by the expenditures in the upcoming fiscal year.    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.       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.         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).    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.    If the council ceases to exist, all moneys in the habitat partnership cash fund shall revert to the wildlife cash fund.    (Deleted by amendment,L. 96, p. 1729, § 2, effective June 3, 1996.)      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. (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.    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.    Any balance in the habitat partnership cash fund at the end of the fiscal year shall not exceed the total amount of the wildlife cash fund transfer from the beginning of that fiscal year. Any excess moneys shall revert to the wildlife cash fund.    This paragraph (e) is repealed, effective July 1, 2023.           History. Source: L. 84: Entire article R&RE, p. 859, § 1, effective January 1, 1985. L. 87: (1) amended, p. 1266, § 1, effective January 1, 1988. L. 89: (1) and (6) amended and (7) added, p. 1342, § 2, effective July 1. L. 90: (6) amended, p. 1739, § 4, effective April 3. L. 92: (1) amended and (8) added, p. 1891, § 2, effective June 2. L. 96: (8) amended, p. 1729, § 2, effective June 3. L. 98: (3.5) added, p. 855, § 1, effective July 1. L. 99: (3.5) amended, p. 1395, § 1, effective June 4. L. 2000: (7) amended, p. 1365, § 1, effective May 30. L. 2001: (8)(a) amended and (8)(e) added, p. 699, § 2, effective July 1, 2002. L. 2002: (7)(a) and (8)(b) amended, p. 876, § 2, effective August 7. L. 2003: (7)(a) amended, p. 2013, § 109, effective May 22. L. 2005: (3.5)(a) amended, p. 474, § 4, effective January 1, 2006. L. 2007: (8)(e)(IV) amended, p. 166, § 1, effective March 22. L. 2008: (1) amended, p. 1588, § 2, effective May 29. L. 2015: (8)(e)(IV) amended,(SB 15-199), ch. 222, p. 813, § 1, effective May 22; (7)(a) amended,(HB 15-1243), ch. 167, p. 511, § 1, effective August 5. L. 2017: (6) amended,(HB 17-1250), ch. 362, p. 1899, § 3, effective August 9; (7)(a)(III) and (8)(b) amended,(HB 17-1257), ch. 254, p. 1064, § 4, effective August 9. L. 2018: (1)(b) repealed,(HB 18-1008), ch. 137, p. 895, § 1, effective August 8; (3.5)(a) and (3.5)(b) amended,(SB 18-143), ch. 207, p. 1328, § 5, effective August 8. L. 2021: (1.5) added,(HB 21-1326), ch. 274, p. 1592, § 2, effective June 21.    Editor's note:   This section is similar to former § 33-1-116 as it existed prior to 1984.   Cross references:   For the short title (“Hunting, Fishing, and Parks for Future Generations Act”) and the legislative declaration in SB 18-143, see sections 1 and 2 of chapter 207, Session Laws of Colorado 2018.   ANNOTATION   Purchasers of wildlife licenses are not granted any vested interest, or any interest, in wildlife cash fund by a statute or constitution. Game & Fish Comm'n v. Feast, 157 Colo. 303 , 402 P.2d 169 (1965).