reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › COLORADO NATURAL AREAS (§§ 33-33-101 — 33-33-113) › Article 33 - COLORADO NATURAL AREAS (§§ 33-33-101 — 33-33-113) › Section 33-33-113 - [Effective until 8/7/2024] Legislative review - termination

(1)
The council terminates on September 1, 2024, unless the general assembly votes to renew the legislative mandate of this article. Absent a vote to renew the legislative mandate of this article, the council shall cease all operations within a twelve-month period after September 1, 2024.
(2)
Prior to the termination, the department of regulatory agencies shall review the advisory committee as provided for in section
2-3-1203
, C.R.S.
Amended by 2014 Ch. 29, § 1, eff. 7/1/2014.
L. 88: Entire article added, p. 1179, § 1, effective March 23. L. 99: (1) amended, p. 229, § 2, effective April 5. L. 2004: (1) amended, p. 334, § 2, effective July 1. L. 2014: Entire section amended, (HB 14-1174), ch. 29, p. 173, § 1, effective July 1.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › COLORADO NATURAL AREAS (§§ 33-33-101 — 33-33-113) › Article 33 - COLORADO NATURAL AREAS (§§ 33-33-101 — 33-33-113) › Section 33-33-113 - [Effective 8/7/2024] Legislative review - termination

(1)
The council terminates on September 1, 2034, unless the general assembly votes to renew the legislative mandate of this article 33. Absent a vote to renew the legislative mandate of this article 33, the council shall cease all operations within a twelve-month period after September 1, 2034.
(2)
Prior to the termination, the department of regulatory agencies shall review the advisory committee as provided for in section
2-3-1203
.
Amended by 2024 Ch. 116,§ 2, eff. 8/7/2024.
Amended by 2014 Ch. 29, § 1, eff. 7/1/2014.
L. 88: Entire article added, p. 1179, § 1, effective March 23. L. 99: (1) amended, p. 229, § 2, effective April 5. L. 2004: (1) amended, p. 334, § 2, effective July 1. L. 2014: Entire section amended, (HB 14-1174), ch. 29, p. 173, § 1, effective July 1.
2024 Ch. 116, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 40 - [Repealed] (§ 33-40-101) › Section 33-40-101 - to 33-40-122 - [Repealed]

L. 83: Entire article repealed, p. 1291, § 8, effective 1/1/1984.
This article was numbered as article 10 of chapter 62, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 41 - OWNERS OF RECREATIONAL AREAS - LIABILITY (§§ 33-41-101 — 33-41-106) › Section 33-41-101 - Legislative declaration

The purpose of this article is to encourage owners of land to make land and water areas available for recreational purposes by limiting their liability toward persons entering thereon for such purposes.
L. 69: R&RE, p. 411, § 1. C.R.S. 1963: § 62-4-1. L. 97: Entire section amended, p. 53, § 1, effective March 21.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 41 - OWNERS OF RECREATIONAL AREAS - LIABILITY (§§ 33-41-101 — 33-41-106) › Section 33-41-102 - [Effective until 8/7/2024] Definitions

As used in this article, unless the context otherwise requires:
(1)
"Charge" means a consideration paid for entry upon or use of the land or any facilities thereon or adjacent thereto; except that, in a case of land leased to a public entity or in which a public entity has been granted an easement or other rights to use land for recreational purposes, any consideration received by the owner for such lease, easement, or other right shall not be deemed a charge within the meaning of this article nor shall any consideration received by an owner from any federal governmental agency for the purposes of admitting any person constitute such a charge.
(2)
"Land" also means roads, water, watercourses, private ways, and buildings, structures, and machinery or equipment thereon, when attached to real property.
(3)
"Owner" includes, but is not limited to, the possessor of a fee interest, a tenant, lessee, occupant, the possessor of any other interest in land, or any person having a right to grant permission to use the land, or any public entity as defined in the "Colorado Governmental Immunity Act", article
10
of title
24
, C.R.S., which has an interest in land.
(4)
"Person" includes any individual, regardless of age, maturity, or experience, or any corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, or association, or any other legal entity.
(4.5)
"Public entity" means the same as defined in section
24-10-103 (5)
, C.R.S.
(5)
"Recreational purpose" includes, but is not limited to, any sports or other recreational activity of whatever nature undertaken by a person while using the land, including ponds, lakes, reservoirs, streams, paths, and trails appurtenant thereto, of another and includes, but is not limited to, any hobby, diversion, or other sports or other recreational activity such as: Hunting, fishing, camping, picnicking, hiking, horseback riding, snowshoeing, cross country skiing, bicycling, riding or driving motorized recreational vehicles, swimming, tubing, diving, spelunking, sight-seeing, exploring, hang gliding, rock climbing, kite flying, roller skating, bird watching, gold panning, target shooting, ice skating, ice fishing, photography, or engaging in any other form of sports or other recreational activity.
L. 69: R&RE, p. 411, § 1. C.R.S. 1963: § 62-4-2. L. 73: p. 661, § 1. L. 83: (3) and (4) amended and (5) R&RE, p. 1302, §§ 1, 2, effective March 17. L. 88: (4.5) added, p. 1181, § 1, effective May 29. L. 97: (1) amended, p. 53, § 2, effective March 21.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 41 - OWNERS OF RECREATIONAL AREAS - LIABILITY (§§ 33-41-101 — 33-41-106) › Section 33-41-104 - [Effective until 8/7/2024] When liability is not limited

(1)
Nothing in this article limits in any way any liability which would otherwise exist:
(a)
For willful or malicious failure to guard or warn against a known dangerous condition, use, structure, or activity likely to cause harm;
(b)
For injury suffered by any person in any case where the owner of land charges the person who enters or goes on the land for the recreational use thereof; except that, in case of land leased to a public entity or in which a public entity has been granted an easement or other rights to use land for recreational purposes any consideration received by the owner for such lease, easement, or other right shall not be deemed a charge within the meaning of this article nor shall any consideration received by an owner from any federal governmental agency for the purpose of admitting any person constitute such a charge;
(c)
For maintaining an attractive nuisance; except that, if the property used for public recreational purposes contains mining operations that were abandoned or left in an inadequate reclamation status as provided in section
33-41-103 (2)(e)(II)
or was constructed or is used for or in connection with the diversion, storage, conveyance, or use of water, the property and the water or abandoned mining operations within such property shall not constitute an attractive nuisance;
(d)
For injury received on land incidental to the use of land on which a commercial or business enterprise of any description is being carried on; except that in the case of land leased to a public entity for recreational purposes or in which a public entity has been granted an easement or other rights to use land for recreational purposes, such land shall not be considered to be land upon which a business or commercial enterprise is being carried on.
L. 69: R&RE, p. 412, § 1. C.R.S. 1963: § 62-4-4. L. 88: (1)(b) and (1)(d) amended, p. 1182, § 3, effective May 29. L. 97: (1)(c) amended, p. 54, § 5, effective March 21. L. 2006: (1)(c) amended, p. 21, § 2, effective March 8.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 41 - OWNERS OF RECREATIONAL AREAS - LIABILITY (§§ 33-41-101 — 33-41-106) › Section 33-41-105 - [Effective until 8/7/2024] Article not to create liability or relieve obligation

(1)
Nothing in this article shall be construed to:
(a)
Create, enlarge, or affect in any manner any liability for willful or malicious failure to guard or warn against a known dangerous condition, use, structure, or activity likely to cause harm, or for injury suffered by any person in any case where the owner of land charges for that person to enter or go on the land for the recreational use thereof;
(b)
Relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this article to exercise care in his use of such land and in his activities thereon or from the legal consequences of failure to employ such care;
(c)
Limit any liability of any owner to any person for damages resulting from any occurrence which took place prior to January 1, 1970.
L. 69: R&RE, p. 412, § 1. C.R.S. 1963: § 62-4-5.
L. 69: R& RE, p. 412, § 1. C.R.S. 1963: § 62-4-5.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 41 - OWNERS OF RECREATIONAL AREAS - LIABILITY (§§ 33-41-101 — 33-41-106) › Section 33-41-105 - [Effective 8/7/2024] Article not to create liability, relieve obligation, or limit owner authority

(1)
Nothing in this article 41 shall be construed to:
(a)
Create, enlarge, or affect in any manner any liability for willful or malicious failure to guard or warn against a known dangerous condition, use, structure, or activity likely to cause harm, or for injury suffered by any person in any case where the owner of land charges for that person to enter or go on the land for the recreational use thereof;
(b)
Relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this article to exercise care in his use of such land and in his activities thereon or from the legal consequences of failure to employ such care;
(c)
Limit any liability of any owner to any person for damages resulting from any occurrence that took place prior to January 1, 1970; or
(d)
Limit an owner's authority to:
(I)
Restrict or prohibit the use of the owner's land, or portions of the owner's land, for any recreational purpose; or
(II)
Establish times when the owner's land is closed and unavailable to individuals to use for recreational purposes, including seasonal closures.
Amended by 2024 Ch. 27,§ 4, eff. 8/7/2024.
L. 69: R&RE, p. 412, § 1. C.R.S. 1963: § 62-4-5.
L. 69: R& RE, p. 412, § 1. C.R.S. 1963: § 62-4-5.
2024 Ch. 27, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 41 - OWNERS OF RECREATIONAL AREAS - LIABILITY (§§ 33-41-101 — 33-41-106) › Section 33-41-105.5 - Prevailing party - attorney fees and costs

The prevailing party in any civil action by a recreational user for damages against a landowner who allows the use of the landowner's property for public recreational purposes shall recover the costs of the action together with reasonable attorney fees as determined by the court.
L. 97: Entire section added, p. 54, § 6, effective March 21.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 41 - OWNERS OF RECREATIONAL AREAS - LIABILITY (§§ 33-41-101 — 33-41-106) › Section 33-41-106 - Ownership of recreational area by another state

No other state of the United States, or agency or political subdivision thereof, shall acquire, own, or operate any land or interest therein in the state of Colorado for park or recreational purposes, except under the terms of an interstate compact.
L. 75: Entire section added, p. 1335, § 1, effective May 22.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 42 - [Repealed] (§ 33-42-101) › Section 33-42-101 - to 33-42-112 - [Repealed]

L. 84: Entire article repealed, p. 925, § 19, effective 1/1/1985.
(1) The substantive provisions of this article as it appeared prior to 1984 are now contained in article 11 of this title.
(2) This article was numbered as article 15 of chapter 62, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 43 - [Repealed] (§ 33-43-101) › Section 33-43-101 - to 33-43-107 - [Repealed]

L. 84: Entire article repealed, p. 925, § 19, effective 1/1/1985.
This article was numbered as article 16 of chapter 62, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 44 - SKI SAFETY AND LIABILITY (§§ 33-44-101 — 33-44-114) › Section 33-44-101 - Short title

This article shall be known and may be cited as the "Ski Safety Act of 1979".
L. 79: Entire article added, p. 1237, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 44 - SKI SAFETY AND LIABILITY (§§ 33-44-101 — 33-44-114) › Section 33-44-102 - Legislative declaration

The general assembly hereby finds and declares that it is in the interest of the state of Colorado to establish reasonable safety standards for the operation of ski areas and for the skiers using them. Realizing the dangers that inhere in the sport of skiing, regardless of any and all reasonable safety measures that can be employed, the purpose of this article 44 is to supplement the passenger tramway safety provisions of article
150
of title
12
; to further define the legal responsibilities of ski area operators and their agents and employees; to define the responsibilities of skiers using such ski areas; and to define the rights and liabilities existing between the skier and the ski area operator and between skiers.
Amended by 2019 Ch. 136,§222, eff. 10/1/2019.
L. 79: Entire article added, p. 1237, § 1, effective July 1.
For the nonstatutory legislative declaration in SB 90-80, which amended several sections in this article 44, see section 1 of chapter 256, Session Laws of Colorado 1990.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 44 - SKI SAFETY AND LIABILITY (§§ 33-44-101 — 33-44-114) › Section 33-44-104 - Negligence - civil actions

(1)
A violation of any requirement of this article shall, to the extent such violation causes injury to any person or damage to property, constitute negligence on the part of the person violating such requirement.
(2)
A violation by a ski area operator of any requirement of this article 44 or any rule promulgated by the passenger tramway safety board pursuant to section
12-150-105(1)(a)
shall, to the extent such violation causes injury to any person or damage to property, constitute negligence on the part of such operator.
(3)
All rules adopted or amended by the passenger tramway safety board are subject to sections
24-4-103(8)(c) and (8)(d)
and
24-34-104(6)(b)
, C.R.S.
Amended by 2019 Ch. 136,§224, eff. 10/1/2019.
Amended by 2016 Ch. 83,§23, eff. 4/14/2016.
L. 79: Entire article added, p. 1238, § 1. effective July 1. L. 80: (3) amended, p. 789, § 28, effective June 5. L. 81: (3) amended, p. 1179, § 10, effective July 1. L. 94: (2) amended, p. 1644, § 74, effective May 31. L. 2016: (3) amended, (HB 16-1192), ch. 235, p. 235, § 23, effective April 14. L. 2019: (2) amended, (HB 19-1172), ch. 1721, p. 1721, § 224, effective October 1.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 44 - SKI SAFETY AND LIABILITY (§§ 33-44-101 — 33-44-114) › Section 33-44-105 - Duties of passengers

(1)
No passenger shall board a passenger tramway if he does not have sufficient physical dexterity, ability, and knowledge to negotiate or use such facility safely or until such passenger has asked for and received information sufficient to enable him to use the equipment safely. A passenger is required to follow any written or verbal instructions that are given to him regarding the use of the passenger tramway.
(2)
No passenger shall:
(a)
Embark upon or disembark from a passenger tramway except at a designated area except in the event of a stoppage of the passenger tramway (and then only under the supervision of the operator) or unless reasonably necessary in the event of an emergency to prevent injury to the passenger or others;
(b)
Throw or expel any object from any passenger tramway while riding on such device, except as permitted by the operator;
(c)
Act, while riding on a passenger tramway, in any manner that may interfere with proper or safe operation of such passenger tramway;
(d)
Engage in any type of conduct that may contribute to or cause injury to any person;
(e)
Place in an uphill track of a J-bar, T-bar, platter pull, rope tow, or any other surface lift any object that could cause another skier to fall;
(f)
Embark upon a passenger tramway marked as closed;
(g)
Disobey any instructions posted in accordance with this article or any verbal instructions by the ski area operator regarding the proper or safe use of a passenger tramway unless such verbal instructions are contrary to this article or the rules promulgated under it, or contrary to posted instructions.
L. 79: Entire article added, p. 1239, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 44 - SKI SAFETY AND LIABILITY (§§ 33-44-101 — 33-44-114) › Section 33-44-108 - Ski area operators - additional duties

(1)
Any motorized snow-grooming vehicle shall be equipped with a light visible at any time the vehicle is moving on or in the vicinity of a ski slope or trail.
(2)
Whenever maintenance equipment is being employed to maintain or groom any ski slope or trail while such ski slope or trail is open to the public, the ski area operator shall place or cause to be placed a conspicuous notice to that effect at or near the top of that ski slope or trail. This requirement shall not apply to maintenance equipment transiting to or from a grooming project.
(3)
All snowmobiles operated on the ski slopes or trails of a ski area shall be equipped with at least the following: One lighted headlamp, one lighted red tail lamp, a brake system maintained in operable condition, and a fluorescent flag at least forty square inches mounted at least six feet above the bottom of the tracks.
(4)
The ski area operator shall have no duty arising out of its status as a ski area operator to any skier skiing beyond the area boundaries marked as required by section
33-44-107(6)
.
(5)
The ski area operator, upon finding a person skiing in a careless and reckless manner, may revoke that person's skiing privileges. This subsection (5) shall not be construed to create an affirmative duty on the part of the ski area operator to protect skiers from their own or from another skier's carelessness or recklessness.
L. 79: Entire article added, p. 1242, § 1, effective July 1. L. 90: (5) amended, p. 1542, § 4, effective July 1. L. 2004: (2) amended, p. 1384, § 3, effective May 28.
For the legislative declaration contained in the 1990 act amending subsection (5), see section 1 of chapter 256, Session Laws of Colorado 1990.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 44 - SKI SAFETY AND LIABILITY (§§ 33-44-101 — 33-44-114) › Section 33-44-110 - Competition and freestyle terrain

(1)
The ski area operator shall, prior to use of any portion of the area made available by the ski area operator, allow each competitor an opportunity to reasonably visually inspect the course, venue, or area.
(2)
The competitor shall be held to assume the risk of all course, venue, or area conditions, including, but not limited to, weather and snow conditions; obstacles; course or feature location, construction, or layout; freestyle terrain configuration and conditions; and other courses, layouts, or configurations of the area to be used. No liability shall attach to a ski area operator for injury or death to any competitor caused by course, venue, or area conditions that a visual inspection should have revealed or by collisions with other competitors.
L. 79: Entire article added, p. 1243, § 1, effective July 1. L. 2004: Entire section amended, p. 1384, § 5, effective May 28.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 44 - SKI SAFETY AND LIABILITY (§§ 33-44-101 — 33-44-114) › Section 33-44-111 - Statute of limitation

All actions against any ski area operator or its employees brought to recover damages for injury to person or property caused by the maintenance, supervision, or operation of a passenger tramway or a ski area shall be brought within two years after the claim for relief arises and not thereafter.
L. 79: Entire article added, p. 1243, § 1, effective July 1. L. 90: Entire section amended, p. 1543, § 6, effective July 1.
For the legislative declaration contained in the 1990 act amending this section, see section 1 of chapter 256, Session Laws of Colorado 1990.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 44 - SKI SAFETY AND LIABILITY (§§ 33-44-101 — 33-44-114) › Section 33-44-112 - Limitation on actions for injury resulting from inherent dangers and risks of skiing

Notwithstanding any judicial decision or any other law or statute to the contrary, including but not limited to sections
13-21-111
and
13-21-111.7
, C.R.S., no skier may make any claim against or recover from any ski area operator for injury resulting from any of the inherent dangers and risks of skiing.
L. 90: Entire section added, p. 1543, § 7, effective July 1.
For the legislative declaration contained in the 1990 act enacting this section, see section 1 of chapter 256, Session Laws of Colorado 1990.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 44 - SKI SAFETY AND LIABILITY (§§ 33-44-101 — 33-44-114) › Section 33-44-113 - Limitation of liability

The total amount of damages which may be recovered from a ski area operator by a skier who uses a ski area for the purpose of skiing or for the purpose of sliding downhill on snow or ice on skis, a toboggan, a sled, a tube, a skibob, a snowboard, or any other device and who is injured, excluding those associated with an injury occurring to a passenger while riding on a passenger tramway, shall not exceed one million dollars, present value, including any derivative claim by any other claimant, which shall not exceed two hundred fifty thousand dollars, present value, and including any claim attributable to noneconomic loss or injury, as defined in section
13-21-102.5(2)
, C.R.S., whether past damages, future damages, or a combination of both, which shall not exceed two hundred fifty thousand dollars. If, upon good cause shown, the court determines that the present value of the amount of lost past earnings and the present value of lost future earnings, or the present value of past medical and other health-care costs and the present value of the amount of future medical and other health-care costs, or both, when added to the present value of other past damages and the present value of other future damages, would exceed such limitation and that the application of such limitation would be unfair, the court may award damages in excess of the limitation equal to the present value of additional future damages, but only for the loss of such excess future earnings, or such excess future medical and other health-care costs, or both. For purposes of this section, "present value" has the same meaning as that set forth in section
13-64-202(7)
, C.R.S., and "past damages" has the same meaning as that set forth in section
13-64-202(6)
, C.R.S. The existence of the limitations and exceptions thereto provided in this section shall not be disclosed to a jury.
L. 90: Entire section added, p. 1543, § 7, effective July 1.
For the legislative declaration contained in the 1990 act enacting this section, see section 1 of chapter 256, Session Laws of Colorado 1990.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 44 - SKI SAFETY AND LIABILITY (§§ 33-44-101 — 33-44-114) › Section 33-44-114 - Inconsistent law or statute

Insofar as any provision of law or statute is inconsistent with the provisions of this article, this article controls.
L. 90: Entire section added, p. 1544, § 7, effective July 1.
For the legislative declaration contained in the 1990 act enacting this section, see section 1 of chapter 256, Session Laws of Colorado 1990.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 45 - POWERLINE TRAILS (§§ 33-45-101 — 33-45-103) › Section 33-45-101 - Short title

The short title of this article 45 is the "Powerline Trails Act".
Added by 2022 Ch. 97,§2, eff. 4/13/2022.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › RECREATIONAL AREAS AND SKI SAFETY (§§ 33-40-101 — 33-45-103) › Article 45 - POWERLINE TRAILS (§§ 33-45-101 — 33-45-103) › Section 33-45-102 - Definitions

As used in this article 45, unless the context otherwise requires:
(1)
"Commission" means the public utilities commission of the state of Colorado.
(2)
"District" means a special district, local improvement district, school district, or other political subdivision of the state.
(3)
"Local government" means a home rule or statutory municipality, county, or city and county.
(4)
"Local improvement district" has the meaning set forth in section
32-7-103(7)
.
(5)
"Powerline trail" means a multimodal trail that is:
(a)
Eight feet in width or wider;
(b)
Made of hard surface such as concrete or compacted gravel;
(c)
Used for recreational purposes or commuting in a manner that does not involve a motor vehicle; and
(d)
Located in an existing or future transmission corridor.
(6)
"Public entity" means the state, a local government, or a district.
(7)
(a)
"Recreational purpose" includes walking, running, bicycling, class 1 or class 2 electrical assisted bicycling, equestrian activities, use of electric scooters, cross-country skiing, or other similar uses.
(b)
"Recreational purpose" does not include the use of a motor vehicle or other self-propelled vehicle that is not an electrical assisted bicycle, electric scooter, low-power scooter, or motorized wheelchair, as those terms are defined in section
42-1-102
.
(8)
"School district" has the meaning set forth in section
22-11-103(29)
.
(9)
"Special district" has the meaning set forth in section
32-1-103(20)
.
(10)
"Transmission corridor" means a tract of land owned, occupied, or leased by a transmission provider, or covered by an easement or right-of-way held by a transmission provider, where an electric transmission line is constructed, operated, or maintained at a voltage of sixty-nine thousand volts or above.
(11)
(a)
"Transmission provider" means:
(I)
A transmission utility, as defined in section
40-5-108(1)(b)
; or
(II)
The Colorado electric transmission authority created in section
40-42-103(1)
.
(b)
"Transmission provider" does not include a municipally owned utility, a power authority established pursuant to section
29-1-204(1)
, or a cooperative electric association, as defined in section
40-9.5-102(1)
, that has voted to exempt itself from the "Public Utilities Law", articles
1
to
7
of title
40
, pursuant to section
40-9.5-103
.
Added by 2022 Ch. 97,§2, eff. 4/13/2022.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › GREAT OUTDOORS PROGRAM (§§ 33-60-101 — 33-61-107) › Article 60 - GREAT OUTDOORS COLORADO PROGRAM - IMPLEMENTATION (§§ 33-60-101 — 33-60-114) › Section 33-60-101 - Legislative declaration

(1)
The general assembly hereby declares that the policies and procedures contained in this article are enacted to facilitate the orderly implementation of article XXVII of the state constitution, adopted at the 1992 general election. The general assembly further declares that the payment of debt service on all obligations due from the fourth quarter of fiscal year 1992-93 through the fourth quarter of fiscal year 1997-98 which are set forth in section 3 (1)(c) of article XXVII of the state constitution are intended to be paid in full from net lottery proceeds. Accordingly, the general assembly finds that legislation which sets forth an orderly method for ensuring that such payments are made in a timely manner is necessary and that the orderly implementation of article XXVII of the state constitution promotes the health, safety, security, and general welfare of the people of the state of Colorado.
(2)
The general assembly further declares that the powers granted to the trust fund board to issue bonds and to pledge any moneys deposited or to be deposited into the trust fund for the payment of such bonds are in furtherance of and are consistent with the powers granted to the board created by article XXVII of the Colorado constitution.
L. 93: Entire article added, p. 2019, § 1, effective June 9. L. 2001: Entire section amended, p. 904, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › GREAT OUTDOORS PROGRAM (§§ 33-60-101 — 33-61-107) › Article 60 - GREAT OUTDOORS COLORADO PROGRAM - IMPLEMENTATION (§§ 33-60-101 — 33-60-114) › Section 33-60-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Bond" means any bond, note, certificate, contract, or obligation for the repayment of borrowed money of the trust fund board authorized by this article.
(1.5)
"Net lottery proceeds" means the proceeds of the lottery after the payment of the expenses of the state lottery division and any prizes for the lottery and after a sufficient amount of money has been reserved, as of the end of any fiscal quarter, to ensure the operation of the lottery for the ensuing fiscal quarter.
(2)
"State agency" means: The state; every executive department, board, commission, committee, bureau, and office of the state; every state institution of higher education, whether established by the state constitution or by law, and every governing board thereof; and every independent commission and other political subdivision of the state government. However, such term does not include the state board of the great outdoors Colorado trust fund.
(3)
"Trust fund" means the great outdoors Colorado trust fund created pursuant to section 2 of article XXVII of the state constitution.
(4)
"Trust fund board" means the state board of the great outdoors Colorado trust fund established pursuant to section 6 of article XXVII of the state constitution.
L. 93: Entire article added, p. 2019, § 1, effective June 9. L. 2001: (1) amended and (1.5) added, p. 904, § 2, effective June 1.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › GREAT OUTDOORS PROGRAM (§§ 33-60-101 — 33-61-107) › Article 60 - GREAT OUTDOORS COLORADO PROGRAM - IMPLEMENTATION (§§ 33-60-101 — 33-60-114) › Section 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.
Amended by 2021 Ch. 272,§4, eff. 6/21/2021.
L. 93: Entire article added, p. 2025, § 1, effective June 9.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › GREAT OUTDOORS PROGRAM (§§ 33-60-101 — 33-61-107) › Article 60 - GREAT OUTDOORS COLORADO PROGRAM - IMPLEMENTATION (§§ 33-60-101 — 33-60-114) › Section 33-60-105 - Use of general fund moneys by state agencies - prohibition - cash funds

The general assembly finds that the enactment of article XXVII of the state constitution dedicates a significant amount of moneys previously available to meet other state needs to the great outdoors Colorado trust fund and provides for the unrestricted expenditure of such moneys by the trust fund board for the preservation, protection, enhancement, and management of the state's wildlife, park, river trail, and open space heritage. Accordingly, no general fund moneys shall be used by any state agency for the purpose of funding necessary or incidental management costs which result from a distribution of moneys, land, or any other asset of the great outdoors Colorado trust fund, unless otherwise approved by the general assembly. Moneys derived from user fees and other revenue sources which are generated from programs and completed facilities funded by the great outdoors Colorado trust fund board shall not be transferred or revert to the general fund. Moneys generated from such programs and facilities at state parks shall be credited to the parks and outdoor recreation cash fund created by section
33-10-111(1)
. All such moneys shall be subject to annual appropriation by the general assembly.
L. 93: Entire article added, p. 2025, § 1, effective June 9.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › GREAT OUTDOORS PROGRAM (§§ 33-60-101 — 33-61-107) › Article 60 - GREAT OUTDOORS COLORADO PROGRAM - IMPLEMENTATION (§§ 33-60-101 — 33-60-114) › Section 33-60-106 - Report required - general appropriation act

Notwithstanding section
24-1-136(11)(a)(I)
, on or before September 1 of each year beginning with 1993, each state agency that has received or is scheduled to receive money from the great outdoors Colorado trust fund shall provide the senate agriculture, natural resources, and energy committee and the house of representatives agriculture, livestock, and natural resources committee with a detailed accounting of all such money received or to be received along with a detailed accounting of how such money has been or will be expended. For informational purposes, the expenditure of such money may be indicated in the annual general appropriation act.
Amended by 2017 Ch. 254,§ 8, eff. 8/9/2017.
L. 93: Entire article added, p. 2026, § 1, effective June 9. L. 2002: Entire section amended, p. 877, § 5, effective August 7. L. 2003: Entire section amended, p. 2014, § 110, effective May 22. L. 2017: Entire section amended, (HB 17-1257), ch. 254, p. 1065, § 8, effective August 9.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › GREAT OUTDOORS PROGRAM (§§ 33-60-101 — 33-61-107) › Article 60 - GREAT OUTDOORS COLORADO PROGRAM - IMPLEMENTATION (§§ 33-60-101 — 33-60-114) › Section 33-60-107 - State board of the great outdoors Colorado trust fund

(1)
Public members of the state board of the great outdoors Colorado trust fund shall be appointed by the governor. Such appointments shall be subject to the consent of the senate.
(2)
Members of the state board of the great outdoors Colorado trust fund shall be subject to removal pursuant to section 6 of article IV of the Colorado constitution.
(3)
In addition to its other powers under article XXVII of the Colorado constitution and this article, the trust fund board shall have the power to issue bonds to finance any expenditure to address urgent and permanent land acquisition priorities, including the acquisition of perpetual conservation easements, that may be made from the trust fund and may pledge all or any portion of the moneys deposited or to be deposited into the trust fund for the payment of the bonds. The owners or holders of the bonds may not look to any other revenues of the state other than the trust fund for the payment of the bonds. The bonds shall be issued on the terms and subject to the conditions set forth in section
33-60-108
. Notwithstanding any other provision of this article, the bonds may only be issued if the registered electors of the state approve the ballot question submitted at the November 2001 statewide election pursuant to section
33-60-114
. The amount of any debt incurred and the repayment costs for any bonds issued by the board shall not exceed the maximum amounts of debt and repayment costs approved by the voters in such election.
L. 93: Entire article added, p. 2026, § 1, effective June 9. L. 2001: (3) added, p. 905, § 3, effective June 1. L. 2007: (3) amended, p. 2047, § 88, effective June 1.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › GREAT OUTDOORS PROGRAM (§§ 33-60-101 — 33-61-107) › Article 60 - GREAT OUTDOORS COLORADO PROGRAM - IMPLEMENTATION (§§ 33-60-101 — 33-60-114) › Section 33-60-109 - Investments

(1)
Except as provided in subsection (2) of this section, any proceeds from the issuance of bonds by the trust fund board that are credited to the trust fund shall be invested in the same manner as all other moneys credited to the trust fund as provided by law.
(2)
The trust fund board may direct a corporate trustee that holds proceeds from the issuance of bonds to invest or deposit the proceeds in investments or deposits other than those authorized for the trust fund if the trust fund board determines, by resolution, that the investment or deposit meets the standard established in section
15-1-304
, C.R.S., the income is at least comparable to income available on investments or deposits authorized for the trust fund, and the investment will assist the trust fund board in making expenditures in furtherance of the great outdoors Colorado program.
L. 2001: Entire section added, p. 907, § 4, effective June 1.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › GREAT OUTDOORS PROGRAM (§§ 33-60-101 — 33-61-107) › Article 60 - GREAT OUTDOORS COLORADO PROGRAM - IMPLEMENTATION (§§ 33-60-101 — 33-60-114) › Section 33-60-110 - Exemption from taxation

Any bonds issued by the trust fund board and the transfer of and the income from any bonds issued by the trust fund board are exempt from all taxation and assessments in the state. In the resolution authorizing the bonds, the trust fund board may waive the exemption from federal income taxation for interest on the bonds.
L. 2001: Entire section added, p. 908, § 4, effective June 1.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › GREAT OUTDOORS PROGRAM (§§ 33-60-101 — 33-61-107) › Article 60 - GREAT OUTDOORS COLORADO PROGRAM - IMPLEMENTATION (§§ 33-60-101 — 33-60-114) › Section 33-60-111 - Bonds eligible for investment

All banks, trust companies, savings and loan associations, insurance companies, executors, administrators, guardians, trustees, and other fiduciaries may legally invest any moneys within their control in any bonds issued by the trust fund board pursuant to section
33-60-108
. Public entities, as defined in section
24-75-601(1)
, C.R.S., may invest public funds in the bonds only if the bonds satisfy the investment requirements established in part 6 of article
75
of title
24
, C.R.S.
L. 2001: Entire section added, p. 908, § 4, effective June 1.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › GREAT OUTDOORS PROGRAM (§§ 33-60-101 — 33-61-107) › Article 60 - GREAT OUTDOORS COLORADO PROGRAM - IMPLEMENTATION (§§ 33-60-101 — 33-60-114) › Section 33-60-112 - No action maintainable

An action or proceeding at law or in equity to review any acts or proceedings or to question the validity or enjoin the performance of any act or proceedings or the issuance of any bonds issued pursuant to section
33-60-108
, or for any other relief against or from any acts or proceedings done in connection with the issuance of such bonds, whether based upon irregularities or jurisdictional defects, shall not be maintained unless commenced within thirty days after the performance of the act or proceedings or the effective date thereof, whichever occurs first, and is thereafter perpetually barred.
L. 2001: Entire section added, p. 908, § 4, effective June 1.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › GREAT OUTDOORS PROGRAM (§§ 33-60-101 — 33-61-107) › Article 60 - GREAT OUTDOORS COLORADO PROGRAM - IMPLEMENTATION (§§ 33-60-101 — 33-60-114) › Section 33-60-113 - Judicial examination of powers, acts, proceedings, or contracts of the trust fund board

In its discretion, the trust fund board may file a petition at any time in the district court in and for any county in the state praying for a judicial examination and determination of any power conferred to the trust fund board, any revenue-raising power exercised or that may be exercised by the trust fund board, or any act, proceeding, or contract of the trust fund board, whether or not the contract has been executed, relating to the issuance of bonds by the trust fund board pursuant to section
33-60-108
. The judicial examination and determination shall be conducted in substantially the manner set forth in section
32-4-540
, C.R.S.; except that the notice required shall be published once a week for three consecutive weeks and the hearing shall be held not less than thirty days nor more than forty days after the filing of the petition.
L. 2001: Entire section added, p. 908, § 4, effective June 1.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › GREAT OUTDOORS PROGRAM (§§ 33-60-101 — 33-61-107) › Article 60 - GREAT OUTDOORS COLORADO PROGRAM - IMPLEMENTATION (§§ 33-60-101 — 33-60-114) › Section 33-60-114 - Submission of ballot question regarding issuance of bonds

(1)
The secretary of state shall submit a ballot question to a vote of the registered electors of the state of Colorado at the statewide election to be held in November 2001 for their approval or rejection. Each elector voting at said November election shall cast a vote as provided by law either "Yes" or "No" on the proposition: "Shall the state board of the great outdoors Colorado trust fund debt be increased $115,000,000, with a maximum repayment cost of $180,000,000, with no increase in any taxes, for the purpose of enhancing the great outdoors Colorado trust fund's ability to address urgent and permanent land acquisition priorities, including the acquisition of perpetual conservation easements, in order to protect the state's wildlife, park, river, trail, and open space heritage through the issuance of bonds, and shall earnings on the proceeds of such bonds constitute a voter-approved revenue change?"
(2)
The votes cast for the adoption or rejection of the question submitted pursuant to subsection (1) of this section shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress.
L. 2001: Entire section added, p. 909, § 4, effective June 1.
The ballot question specified in subsection (1) was referred to the voters on November 6, 2001, and was approved by the voters with the following vote count:
FOR: 478,501
AGAINST: 352,585
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › GREAT OUTDOORS PROGRAM (§§ 33-60-101 — 33-61-107) › Article 61 - PRODUCTION FEES FOR WILDLIFE AND LAND REMEDIATION (§§ 33-61-101 — 33-61-107) › Section 33-61-104 - Collection and administration of production fees - rules

(1)
When collecting the production fees for clean transit and the production fees for wildlife and land remediation, the executive director shall retain an amount that does not exceed the total cost of collecting, administering, and enforcing the production fees for clean transit and the production fees for wildlife and land remediation, and shall transmit the amount retained to the state treasurer, who shall credit the production fees for clean transit and the production fees for wildlife and land remediation to the oil and gas production fees collection fund, which is created in the state treasury. All money in the oil and gas production fees collection fund is continuously appropriated to the department of revenue to defray the costs incurred by the department of revenue in collecting, enforcing, and administering the production fees for wildlife and land remediation and the production fees for clean transit.
(2)
The executive director may promulgate rules not inconsistent with this article 61 or section 43-4-1204, prescribe forms, and take other actions necessary for the proper collection, administration, and enforcement of the production fees for wildlife and land remediation and the production fees for clean transit.
Added by 2024 Ch. 184,§ 6, eff. 5/16/2024.