reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 6 - LAW ENFORCEMENT AND PENALTIES - WILDLIFE (§§ 33-6-101 — 33-6-209) › Part 1 - GENERAL PROVISIONS (§§ 33-6-101 — 33-6-132) › Section 33-6-125 - Possession of a loaded firearm in a motor vehicle

It is unlawful for any person, except a person authorized by law or by the division, to possess or have under the person's control any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of the firearm is unloaded. Any person in possession or in control of a rifle or shotgun in a motor vehicle shall allow any peace officer who is empowered and acting under the authority granted in section
33-6-101
to enforce articles
1
to
6
of this title 33 to inspect the chamber of any rifle or shotgun in the motor vehicle. For the purposes of this section, a "muzzle-loader" shall be considered unloaded if it is not primed, and "primed" means having a percussion cap on the nipple or flint in the striker and powder in the flash pan. 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 fifteen license suspension points.
Amended by 2019 Ch. 423, § 12, eff. 7/1/2019.
L. 84: Entire article R&RE, p. 876, § 1, effective 1/1/1985.
This section is similar to former § 33-6-115 as it existed prior to 1984.
(1) For offenses relating to firearms, see article 12 of title 18. (2) For the short title ("Respect the Great Outdoors Act") and the legislative declaration in HB 19-1026, see sections 1 and 2 of chapter 423, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 6 - LAW ENFORCEMENT AND PENALTIES - WILDLIFE (§§ 33-6-101 — 33-6-209) › Part 1 - GENERAL PROVISIONS (§§ 33-6-101 — 33-6-132) › Section 33-6-126 - Shooting from a public road

It is unlawful for any person, except a duly authorized peace officer acting in the line of duty, to discharge any firearm or release an arrow from, upon, or across any public road. 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.
Amended by 2019 Ch. 423, § 13, eff. 7/1/2019.
L. 84: Entire article R&RE, p. 877, § 1, effective 1/1/1985.
This section is similar to former § 33-6-116 as it existed prior to 1984.
For the short title ("Respect the Great Outdoors Act") and the legislative declaration in HB 19-1026, see sections 1 and 2 of chapter 423, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 6 - LAW ENFORCEMENT AND PENALTIES - WILDLIFE (§§ 33-6-101 — 33-6-209) › Part 1 - GENERAL PROVISIONS (§§ 33-6-101 — 33-6-132) › Section 33-6-127 - Hunting with artificial light, night vision, or thermal imaging devices

(1)
(a)
Unless otherwise provided by commission rule and except as provided in section
33-6-107 (9)
for persons owning or leasing land, members of their family, or their agents, it is unlawful for any person to utilize any artificial light as an aid in hunting or taking any wildlife. For the purposes of this subsection (1), the possession of any firearm with cartridges in the chamber or magazine or loaded with powder and ball or a strung bow, unless the bow is cased, while attempting to project any artificial light into areas where wildlife may be found is prima facie evidence of a violation of this section.
(b)
A person who violates this subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of twenty license suspension points.
(2)
(a)
Unless otherwise provided by commission rule and except as provided in section
33-6-107 (9)
for persons owning or leasing land, members of their family, or their agents, it is unlawful for a person to utilize electronic night vision equipment, electronically enhanced light-gathering optics, or thermal imaging devices as an aid in hunting or taking wildlife outside legal hunting hours according to commission rules.
(b)
A person who violates this subsection (2) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of two thousand dollars and an assessment of twenty license suspension points.
L. 84: Entire article R&RE, p. 877, § 1, effective 1/1/1985. L. 94: Entire section amended, p. 1588, § 21, effective May 31. L. 2003: Entire section amended, p. 1030, § 5, effective July 1.
This section is similar to former § 33-6-119 as it existed prior to 1984.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 6 - LAW ENFORCEMENT AND PENALTIES - WILDLIFE (§§ 33-6-101 — 33-6-209) › Part 1 - GENERAL PROVISIONS (§§ 33-6-101 — 33-6-132) › Section 33-6-128 - Damage or destruction of dens or nests - harassment of wildlife

(1)
Unless permitted by the division, it is unlawful for any person to willfully damage or destroy any wildlife den or nest or their eggs or to harass any wildlife. Any person who violates this subsection (1) 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. For the purposes of this subsection (1), nothing shall prohibit the removal of wildlife dens or nests when necessary to prevent damage to property or livestock or while trapping.
(2)
Unless otherwise allowed by commission rule or regulation, it is unlawful for any person to knowingly or negligently allow or direct a dog which the person owns or which is under the person's control to harass wildlife, whether or not the wildlife is actually injured by such dog. Any person who violates this subsection (2) commits a petty offense and, upon conviction thereof, shall be punished by a fine of two hundred dollars.
(3)
A Colorado wildlife officer or other peace officer may capture or kill any dog he or she determines to be harassing wildlife. The provisions of this subsection (3) shall not apply to dogs that are under the direct personal control of a person.
Amended by 2021 Ch. 462, § 559, eff. 3/1/2022.
L. 84: Entire article R& RE, p. 877, § 1, effective 1/1/1985. L. 2003: (3) amended, p. 1631, § 70, effective August 6. L. 2021: (2) amended, (SB 21-271), ch. 3261, p. 3261, § 559, effective 3/1/2022.
(1) This section is similar to former §§ 33-6-138 and 33-6-139 as they existed prior to 1984.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 6 - LAW ENFORCEMENT AND PENALTIES - WILDLIFE (§§ 33-6-101 — 33-6-209) › Part 1 - GENERAL PROVISIONS (§§ 33-6-101 — 33-6-132) › Section 33-6-129 - Damage to property or habitat under division control

(1)
It is unlawful for any person to remove, damage, deface, or destroy any real or personal property or wildlife habitat under the control of the division. Any person who violates this subsection (1) commits a class 2 misdemeanor. In addition, the court may require the defendant to reimburse the division for any damages.
(2)
It is unlawful for a person to use division property in violation of any commission rule. Any person who violates this subsection (2) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars.
Amended by 2021 Ch. 462, § 560, eff. 3/1/2022.
Amended by 2019 Ch. 423, § 14, eff. 7/1/2019.
L. 84: Entire article R& RE, p. 877, § 1, effective 1/1/1985. L. 2019: (2) amended, (HB 19-1026), ch. 3696, p. 3696, § 14, effective July 1. L. 2021: (1) amended, (SB 21-271), ch. 3261, p. 3261, § 560, effective 3/1/2022.
(1) This section is similar to former § 33-6-124 as it existed prior to 1984.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the short title ("Respect the Great Outdoors Act") and the legislative declaration in HB 19-1026, see sections 1 and 2 of chapter 423, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 6 - LAW ENFORCEMENT AND PENALTIES - WILDLIFE (§§ 33-6-101 — 33-6-209) › Part 1 - GENERAL PROVISIONS (§§ 33-6-101 — 33-6-132) › Section 33-6-130 - Explosives, toxicants, and poisons not to be used

(1)
Unless permitted by law or by the division, it is unlawful for any person to use toxicants, poisons, drugs, dynamite, explosives, or any stupefying substances for the purpose of hunting, taking, or harassing any wildlife. Any person who violates this subsection (1) commits a class 2 misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and is assessed twenty license suspension points.
(2)
The division shall cooperate with the department of agriculture in developing policies and procedures for the issuance by said department of permits for the use of poison by livestock owners or operators.
Amended by 2021 Ch. 462, § 561, eff. 3/1/2022.
L. 84: Entire article R& RE, p. 878, § 1, effective 1/1/1985. L. 94: (1) amended, p. 1588, § 22, effective May 31. L. 2021: (1) amended, (SB 21-271), ch. 3261, p. 3261, § 561, effective 3/1/2022.
(1) This section is similar to former § 33-6-118 as it existed prior to 1984.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 6 - LAW ENFORCEMENT AND PENALTIES - WILDLIFE (§§ 33-6-101 — 33-6-209) › Part 1 - GENERAL PROVISIONS (§§ 33-6-101 — 33-6-132) › Section 33-6-131 - Knowingly luring bears

(1)
Unless otherwise permitted by commission rule, it is unlawful for any person to place food or edible waste in the open with the intent of luring a wild bear to such food or edible waste.
(2)
(a)
This section shall not apply to acts related to agriculture, as defined in section
35-1-102(1)
, C.R.S.
(b)
For the purposes of this section, "food or edible waste" shall not include live animals or food that is grown in the open prior to such food being harvested.
(3)
Any person who violates this section shall be given a warning. Upon a second or subsequent violation of this section, the person is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed:
(a)
Two hundred dollars for a first offense;
(b)
One thousand dollars for a second offense; or
(c)
Two thousand dollars for a third or subsequent offense.
Amended by 2019 Ch. 423,§15, eff. 7/1/2019.
L. 2003: Entire section added, p. 2618, § 1, effective June 5.
Section 40 of chapter 423 (HB 19-1026), Session Laws of Colorado 2019, provides that the act changing this section applies to violations committed on or after July 1, 2019.
For the short title ("Respect the Great Outdoors Act") and the legislative declaration in HB 19-1026, see sections 1 and 2 of chapter 423, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 6 - LAW ENFORCEMENT AND PENALTIES - WILDLIFE (§§ 33-6-101 — 33-6-209) › Part 1 - GENERAL PROVISIONS (§§ 33-6-101 — 33-6-132) › Section 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.
L. 2008: Entire section added, p. 282, § 2, effective August 5.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 6 - LAW ENFORCEMENT AND PENALTIES - WILDLIFE (§§ 33-6-101 — 33-6-209) › Part 2 - TRAPS, POISONS, AND SNARES (§§ 33-6-201 — 33-6-209) › Section 33-6-201 - Legislative declaration - scope and purpose of part

(1)
The general assembly finds, determines, and declares that:
(a)
The purpose of this part 2 is to implement section 12b of article XVIII of the state constitution, adopted by the people at the 1996 general election.
(b)
The provisions of this part 2 are intended to honor the expressed desire of the people of Colorado to promote humane methods of animal control and discourage the use of inhumane methods while preserving the ability to protect human life, health, safety, and property by taking wildlife when there is no practical alternative.
(c)
Whenever possible, this part 2 should be read in conjunction and harmony with the other provisions of this title and with sections
35-40-101
and
35-40-102
, C.R.S.; except that, in case of conflict, the provisions of this part 2 shall prevail.
L. 97: Entire part added, p. 1065, § 1, effective May 27. L. 2006: (1)(a) amended, p. 1506, § 53, effective June 1.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 6 - LAW ENFORCEMENT AND PENALTIES - WILDLIFE (§§ 33-6-101 — 33-6-209) › Part 2 - TRAPS, POISONS, AND SNARES (§§ 33-6-201 — 33-6-209) › Section 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.
L. 97: Entire part added, p. 1066, § 1, effective May 27.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 6 - LAW ENFORCEMENT AND PENALTIES - WILDLIFE (§§ 33-6-101 — 33-6-209) › Part 2 - TRAPS, POISONS, AND SNARES (§§ 33-6-201 — 33-6-209) › Section 33-6-203 - General prohibition - penalties

(1)
Except as otherwise provided in this part 2, it is unlawful to take wildlife with any leghold trap, any instant kill body-gripping design trap, or by poison or snare in the state of Colorado. Penalties shall be as provided in section
33-6-109
unless a different penalty is specifically provided in this part 2.
(2)
Except as otherwise provided in this part 2, any person who attempts to take wildlife using any leghold trap, instant kill body-gripping design trap, poison, or snare commits a petty offense and, upon conviction thereof, shall be punished by a fine of forty dollars and is assessed four license suspension points.
(3)
An owner or lessee of private property or an employee of such owner or lessee, as such terms are defined and used in sections
33-6-207
and
33-6-208
, who takes wildlife using any leghold trap, instant kill body-gripping design trap, poison, or snare on such private property under circumstances that give rise to the exemption set forth in section
33-6-207 (1)
but without complying with the notice and certification requirements of section
33-6-208 (1)(c)
commits a petty offense and, upon conviction thereof, shall be punished by a fine of twenty-five dollars; except that, upon conviction of a second or subsequent offense, the fine shall be fifty dollars.
(4)
Any person convicted of violating subsection (1) or (2) of this section shall be subject to twice the applicable penalty if the offense occurred pursuant to an unlawful entry onto the privately owned or leased property of another.
Amended by 2021 Ch. 462, § 562, eff. 3/1/2022.
L. 97: Entire part added, p. 1066, § 1, effective May 27. L. 2021: (2) and (3) amended, (SB 21-271), ch. 3261, p. 3261, § 562, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 6 - LAW ENFORCEMENT AND PENALTIES - WILDLIFE (§§ 33-6-101 — 33-6-209) › Part 2 - TRAPS, POISONS, AND SNARES (§§ 33-6-201 — 33-6-209) › Section 33-6-204 - General exemptions - conduct "authorized by law"

(1)
Section
33-6-203
shall not apply to:
(a)
The taking of birds or of rodents, other than beaver or muskrat, as authorized by law; or
(b)
The taking of fish or other nonmammalian aquatic wildlife by the division.
(2)
Nothing in this part 2 shall be construed to prohibit the taking of wildlife with firearms, fishing equipment, archery equipment, or other implements in hand as authorized by law.
L. 97: Entire part added, p. 1066, § 1, effective May 27.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 6 - LAW ENFORCEMENT AND PENALTIES - WILDLIFE (§§ 33-6-101 — 33-6-209) › Part 2 - TRAPS, POISONS, AND SNARES (§§ 33-6-201 — 33-6-209) › Section 33-6-205 - Exemption - departments of health

(1)
Section
33-6-203
shall not apply to the taking of wildlife by federal, state, county, or municipal departments of health for the purpose of protecting human health or safety.
(2)
(a)
To ensure that the taking of wildlife pursuant to subsection (1) of this section is accomplished in as competent, safe, effective, and humane a manner as is possible, a department of health may contract with an independent contractor or, by appropriate intergovernmental agreement, enlist the aid of qualified employees or agents of the division, the United States department of agriculture, the state department of agriculture, or a local police department or animal control agency for the taking of wildlife.
(b)
The commission is authorized to adopt and enforce reasonable rules for the licensing and supervision of persons desiring to act as independent contractors under this section. This paragraph (b) shall not supersede the licensure requirements of the "Pesticide Applicators' Act", article
10
of title
35
, C.R.S.
L. 97: Entire part added, p. 1067, § 1, effective May 27.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 6 - LAW ENFORCEMENT AND PENALTIES - WILDLIFE (§§ 33-6-101 — 33-6-209) › Part 2 - TRAPS, POISONS, AND SNARES (§§ 33-6-201 — 33-6-209) › Section 33-6-206 - Exemptions - nonlethal methods

(1)
Notwithstanding section
33-6-203
, but subject to regulation by the commission, authorized persons may use nonlethal snares, traps specifically designed not to kill, or nets to take wildlife for purposes of:
(a)
Bona fide scientific research;
(b)
Falconry;
(c)
Relocation permitted in accordance with rules of the division; or
(d)
Medical treatment of the animal being captured.
L. 97: Entire part added, p. 1067, § 1, effective May 27.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 6 - LAW ENFORCEMENT AND PENALTIES - WILDLIFE (§§ 33-6-101 — 33-6-209) › Part 2 - TRAPS, POISONS, AND SNARES (§§ 33-6-201 — 33-6-209) › Section 33-6-208 - Thirty-day period - administration - conditions precedent to use of exemption

(1)
For purposes of the exemption specified in section
33-6-207
:
(a)
Where an owner or lessee raises livestock or crops on two or more separate parcels of private property, the exemption stated in section
33-6-207
shall apply separately to each parcel.
(b)
The division shall verify that the owner or lessee has made reasonable efforts to alleviate ongoing damage to livestock or crops through reasonable efforts using methods other than those prohibited by section
33-6-203
. The use of at least two of the following methods is presumed to represent reasonable efforts:
(I)
Routine gathering of livestock in areas where predators are known to be present;
(II)
The use of guard animals;
(III)
The use of flashing lights, boom guns, or other scare tactics;
(IV)
The presence of human herders or guards;
(V)
Any other industry-accepted method that is effective in reducing losses and whose use is approved by the agriculture commission and the parks and wildlife commission for that purpose.
(c)
(I)
An owner or lessee seeking to use the exemption stated in section
33-6-207
shall notify the division by telephone, telefacsimile, or first-class mail before the beginning of each period during which trapping, snaring, or poisoning activity is to take place. Within ten days after giving such notice, the owner or lessee shall provide the division with a written certification that there exists on-site evidence of ongoing damage to livestock or crops and that the owner or lessee has made reasonable efforts to alleviate such damage by the use of alternative methods.
(II)
The owner or lessee need not present on-site evidence of damage or of reasonable efforts using alternative methods before commencing trapping, snaring, or poisoning activity, but the owner or lessee shall be prepared to do so upon request of the division at any time within the thirty-day period. The division may, at its option, send an employee or agent to visit the site and verify compliance with the requirements of this section and of section
33-6-207
.
L. 97: Entire part added, p. 1069, § 1, effective May 27. L. 2012: IP(1)(b) and (1)(b)(V) amended, (HB 12-1317), ch. 248, p. 1209, § 22, effective June 4.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 6 - LAW ENFORCEMENT AND PENALTIES - WILDLIFE (§§ 33-6-101 — 33-6-209) › Part 2 - TRAPS, POISONS, AND SNARES (§§ 33-6-201 — 33-6-209) › Section 33-6-209 - Poisons - labeling - definitions

(1)
Neither the department of public health and environment or any other state or local agency shall impose or continue in effect a labeling requirement for poisons that differs from the requirements imposed by the United States environmental protection agency or by the "Pesticide Act", article
9
of title
35
, C.R.S.
(2)
For purposes of this section, "poison" means any substance or mixture of substances intended for destroying wildlife, which substance or mixture of substances is registered or required to be registered by the United States environmental protection agency or by the "Pesticide Act", article
9
of title
35
, C.R.S.
L. 97: Entire part added, p. 1070, § 1, effective May 27.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 7 - [Repealed] (§ 33-7-101) › Section 33-7-101 - to 33-7-120 - [Repealed]

L. 84: Entire article repealed, p. 925, § 19, effective 1/1/1985.
(1) The substantive provisions of this article as it existed prior to 1984 are now contained in article 14 of this title.
(2) This article was numbered as article 13 of chapter 62, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 8 - [Repealed] (§ 33-8-101) › Section 33-8-101 - to 33-8-110 - [Repealed]

L. 84: Entire article repealed, p. 925, § 19, effective 1/1/1985.
(1) The substantive provisions of this article as it existed prior to 1984 are now contained in article 2 of this title.
(2) This article was added in 1973.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › ADMINISTRATION (§§ 33-9-101 — 33-9-206) › Article 9 - ADMINISTRATION OF PARKS AND WILDLIFE (§§ 33-9-101 — 33-9-206) › Part 1 - GENERAL PROVISIONS (§§ 33-9-101 — 33-9-114) › Section 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.
Amended by 2021 Ch. 273,§4, eff. 9/7/2021.
Amended by 2019 Ch. 390,§45, eff. 8/2/2019.
Amended by 2018 Ch. 207,§11, eff. 8/8/2018.
L. 2011: Entire article added, (SB 11-208), ch. 1376, p. 1376, § 2, effective July 1. L. 2012: Entire section amended, (HB 12-1317), ch. 1210, p. 1210, § 23, effective June 4. L. 2018: (4) amended, (SB 18-143), ch. 1335, p. 1335, § 11, effective August 8. L. 2019: (4)(a) amended, (SB 19-241), ch. 3475, p. 3475, § 45, effective August 2. L. 2021: (4)(c) repealed, (SB 21-249), ch. 1589, p. 1589, § 4, effective September 7.
Section 11(3) of chapter 273 (SB 21-249), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after September 7, 2021.
2021 Ch. 273, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › ADMINISTRATION (§§ 33-9-101 — 33-9-206) › Article 9 - ADMINISTRATION OF PARKS AND WILDLIFE (§§ 33-9-101 — 33-9-206) › Part 1 - GENERAL PROVISIONS (§§ 33-9-101 — 33-9-114) › Section 33-9-103 - Office of director of division created - duties

(1)
(a)
The office of director of the division is hereby created. The commission, with the consent of the executive director, shall appoint the director. The director shall devote his or her entire time to the service of the state in the discharge of his or her official duties and shall not hold any other public office. The appointment or removal of the director is subject to section 13 of article XII of the state constitution. The director shall possess such qualifications as may be established by the commission, the executive director, and the state personnel director.
(b)
(Deleted by amendment, L. 2012.)
(2)
The director shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested previously in the director of the division of wildlife and the director of the division of parks and outdoor recreation, including those duties described under sections
33-1-110
and
33-10-109
.
(3)
The director shall exercise all the powers and perform all the functions of the commission in the interim between its meetings, subject to the ratification of the commission. The director shall act as recording secretary for the commission and is the custodian of all minutes and other records of the commission. The director shall perform such duties as prescribed by the commission, by the executive director, or by law; except that the director has no authority to promulgate rules.
L. 2011: Entire article added, (SB 11-208), ch. 293, p. 1376, §2, effective July 1 (see editor's note). L. 2012: (1) and (3) amended, (HB 12-1317), ch. 248, p. 1210, § 24, effective June 4.
Section 29 of chapter 293, Session Laws of Colorado 2011, provides that the act adding this section takes effect on June 6, 2011.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › ADMINISTRATION (§§ 33-9-101 — 33-9-206) › Article 9 - ADMINISTRATION OF PARKS AND WILDLIFE (§§ 33-9-101 — 33-9-206) › Part 1 - GENERAL PROVISIONS (§§ 33-9-101 — 33-9-114) › Section 33-9-104 - Division of parks and wildlife - creation - duties

(1)
There is hereby created a division of parks and wildlife in the department of natural resources, also referred to in this article as the "division". The division is under the jurisdiction of the commission.
(2)
The division is a
type 1
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions specified in this title 33 under the department of natural resources and the executive director thereof. The division has all the powers, duties, obligations, and functions previously exercised by the division of wildlife or the division of parks and outdoor recreation, as those divisions existed on June 30, 2011.
Amended by 2022 Ch. 469,§160, eff. 8/10/2022.
L. 2011: Entire article added, (SB 11-208), ch. 293, p. 1377, §2, effective July 1. L. 2012: (1) amended, (HB 12-1317), ch. 248, p. 1211, § 25, effective June 4.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › ADMINISTRATION (§§ 33-9-101 — 33-9-206) › Article 9 - ADMINISTRATION OF PARKS AND WILDLIFE (§§ 33-9-101 — 33-9-206) › Part 1 - GENERAL PROVISIONS (§§ 33-9-101 — 33-9-114) › Section 33-9-105 - Enterprise status of commission and division

(1)
The division and the commission constitute an enterprise for the purposes of section 20 of article X of the state constitution, so long as the commission retains the authority to issue revenue bonds and the division receives less than ten percent of its total annual revenues in grants, as defined in section
24-77-102(7)
, C.R.S., from all Colorado state and local governments combined. So long as they constitute an enterprise pursuant to this section, the division and the commission are not subject to any of the provisions of section 20 of article X of the state constitution.
(2)
The enterprise created pursuant to this section has all the powers and duties of the commission and the division as authorized under this title.
(3)
Nothing in this section limits or restricts the authority of the division to expend its revenues consistent with this title.
L. 2011: Entire article added, (SB 11-208), ch. 293, p. 1377, §2, effective July 1. L. 2012: (1) and (2) amended, (HB 12-1317), ch. 248, p. 1211, § 26, effective June 4.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › ADMINISTRATION (§§ 33-9-101 — 33-9-206) › Article 9 - ADMINISTRATION OF PARKS AND WILDLIFE (§§ 33-9-101 — 33-9-206) › Part 1 - GENERAL PROVISIONS (§§ 33-9-101 — 33-9-114) › Section 33-9-106 - Reports

(1)
(Deleted by amendment, L. 2012.)
(2)
[Repealed by 2024 amendment.]
Amended by 2024 Ch. 34,§ 37, eff. 3/22/2024.
L. 2011: Entire article added, (SB 11 -208), ch. 293, p. 1378, § 2, effective July 1. L. 2012: Entire section amended, (HB 12-1317), ch. 248, p. 1211, § 27, effective June 4.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › ADMINISTRATION (§§ 33-9-101 — 33-9-206) › Article 9 - ADMINISTRATION OF PARKS AND WILDLIFE (§§ 33-9-101 — 33-9-206) › Part 1 - GENERAL PROVISIONS (§§ 33-9-101 — 33-9-114) › Section 33-9-107 - Reaffirmation of assent to federal Pittman-Robertson and Dingell-Johnson acts

Nothing in this article alters or affects the state's assent to the federal acts described in sections
33-1-117
and
33-1-118
, which assent prohibits diversion of license fees paid by hunters and sport fishermen to purposes other than administration of the fish and wildlife agency.
L. 2011: Entire article added, (SB 11-208), ch. 293, p. 1378, §2, effective July 1.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › ADMINISTRATION (§§ 33-9-101 — 33-9-206) › Article 9 - ADMINISTRATION OF PARKS AND WILDLIFE (§§ 33-9-101 — 33-9-206) › Part 1 - GENERAL PROVISIONS (§§ 33-9-101 — 33-9-114) › Section 33-9-109 - Funds - appropriations to former divisions in 2011 general appropriations act

(1)
Nothing in this article alters or affects funds previously administered by the former wildlife commission or the former board of parks and outdoor recreation; except that the parks and wildlife commission shall administer such funds.
(2)
The commission shall adopt policies, procedures, or accounting methods to ensure transparency and prevent the unauthorized commingling or impermissible use of moneys in distinct funds, to ensure that moneys are expended consistent with the purposes for which they are received, collected, or appropriated, and to ensure that appropriate records are maintained for audit purposes.
(3)
(a)
The commission shall segregate all moneys received pursuant to section 3 (1)(b)(II) of article XXVII of the state constitution from all other moneys and shall spend these moneys solely for development and improvement of new and existing state parks, recreation areas, and recreational trails.
(b)
The commission shall segregate all moneys received pursuant to section 5 (1)(a)(I) of article XXVII of the state constitution and spend these moneys solely for investments in the wildlife resources of Colorado, including the protection and restoration of crucial wildlife habitats, appropriate programs for maintaining Colorado's diverse wildlife heritage, wildlife watching, and educational programs about wildlife and wildlife environment, consistent with the purposes set forth under section 1 (1)(a) of article XXVII.
(c)
The commission shall segregate all moneys received pursuant to section 5 (1)(a)(II) of article XXVII of the state constitution and spend these moneys solely for investments in the outdoor recreation resources of Colorado, including the state parks system, trails, public information and environmental education resources, and water for recreational facilities, consistent with the purposes set forth under section 1 (1)(a) of article XXVII.
(4)
Repealed.
L. 2011: Entire article added, (SB 11-208), ch. 293, p. 1381, §2, effective July 1. L. 2012: (1), (2), and (3) amended, (HB 12-1317), ch. 248, p. 1213, § 29, effective June 4.
Subsection (4)(b) provided for the repeal of subsection (4), effective July 1, 2013. (See L. 2011, p. 1381.)
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › ADMINISTRATION (§§ 33-9-101 — 33-9-206) › Article 9 - ADMINISTRATION OF PARKS AND WILDLIFE (§§ 33-9-101 — 33-9-206) › Part 1 - GENERAL PROVISIONS (§§ 33-9-101 — 33-9-114) › Section 33-9-110 - [Repealed]

Added by 2015 Ch. 169,§1, eff. 8/5/2015.
L. 2015: Entire section added, (HB 15-1304), ch. 169, p. 517, § 1, effective August 5.
Subsection (2) provided for the repeal of this section, effective July 1, 2016. (See L. 2015, p. 517.)
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › ADMINISTRATION (§§ 33-9-101 — 33-9-206) › Article 9 - ADMINISTRATION OF PARKS AND WILDLIFE (§§ 33-9-101 — 33-9-206) › Part 1 - GENERAL PROVISIONS (§§ 33-9-101 — 33-9-114) › Section 33-9-113 - Parks and wildlife commission duties - gifts, grants, and donations for Fishers Peak state park - funding needs reporting - repeal

(1)
The commission shall seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of developing and improving Fishers Peak state park.
(2)
By December 1, 2020, the commission shall submit a report to the general assembly detailing state park funding needs and shortfalls.
(3)
This section is repealed, effective July 1, 2024.
Added by 2020 Ch. 149,§ 4, eff. 6/29/2020.
L. 2020: Entire section added, (SB 20-003), ch. 642, p. 642, § 4, effective June 29.
For the short title ("I Love Colorado State Parks Act") and the legislative declaration in SB 20-003, see sections 1 and 2 of chapter 149, Session Laws of Colorado 2020.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › ADMINISTRATION (§§ 33-9-101 — 33-9-206) › Article 9 - ADMINISTRATION OF PARKS AND WILDLIFE (§§ 33-9-101 — 33-9-206) › Part 2 - OUTDOOR EQUITY GRANT PROGRAM (§§ 33-9-201 — 33-9-206) › Section 33-9-201 - Legislative declaration

(1)
The general assembly finds that:
(a)
The purpose of the outdoor equity grant program is to increase access and opportunity for underserved youth and their families to experience Colorado's open spaces, state parks, public lands, and other outdoor areas through programs with a focus on conservation, the environment, outdoor education, or outdoor recreation;
(b)
Colorado is a state of dynamic growth, change, and progress. It is internationally renowned for its beauty and vast scope of year-round outdoor activities, natural landscapes, and mountain adventures.
(c)
Paradoxically, despite the plethora of outdoor opportunities, certain demographics of Colorado youth and their families face real challenges and obstacles to accessing nature;
(d)
A clear lack of equity exists for low-income, inner-city, rural, or racially and ethnically diverse youth, for youth who are lesbian, gay, bisexual, transgender, or queer or questioning, for Native American or indigenous youth, and for youth with disabilities to engage in meaningful outdoor experiences and nature-based education;
(e)
Historic and chronic systemic inequities have made access to nature more challenging for these youth;
(f)
Research confirms that time spent outside is essential to health and well-being; it improves physical and mental health, reduces stress, and enhances social skills; and
(g)
More time spent in nature for dispossessed youth can translate to better academic performance, increased enthusiasm for school and school activities, and a lessened likelihood for attendance problems.
(2)
The general assembly further finds and declares that it is necessary to establish an outdoor equity grant program to fund programs and meaningful experiences led by community members and leaders who understand the unique needs and perspectives of underserved youth and their communities in order to ensure long-term and sustainable investments for new generations of outdoor enthusiasts and conservationists.
Added by 2021 Ch. 272,§1, eff. 6/21/2021.
L. 2021: Entire part added, (HB 21-1318), ch. 1572, p. 1572, § 1, effective June 21.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › ADMINISTRATION (§§ 33-9-101 — 33-9-206) › Article 9 - ADMINISTRATION OF PARKS AND WILDLIFE (§§ 33-9-101 — 33-9-206) › Part 2 - OUTDOOR EQUITY GRANT PROGRAM (§§ 33-9-201 — 33-9-206) › Section 33-9-202 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Applicant" means a governmental entity, a nonprofit organization, a for-profit organization, or a federally recognized tribe that is located in the state.
(2)
"Colorado outdoors" means Colorado's open spaces, state parks, public lands, and other outdoor recreation areas.
(3)
"Department" means the department of natural resources.
(4)
"Director" means the director of the division of parks and wildlife.
(5)
"Division" means the division of parks and wildlife, created in section
33-9-104
.
(6)
"Eligible youth" means a person who resides in Colorado and who is eligible for admission to public school in the state or who is no longer eligible for admission to public school in the state but is not yet twenty-six years old, and includes the person's family.
(7)
"Executive director" means the executive director of the department of natural resources.
(8)
"Low income" means median household income that is less than or equal to two hundred percent of the federal poverty line.
(9)
"Outdoor equity board" or "board" means the outdoor equity board created in section
33-9-203
.
(10)
"Outdoor equity fund" or "fund" means the outdoor equity fund created in section
33-9-206
.
(11)
"Outdoor equity grant program" or "grant program" means the outdoor equity grant program created in section
33-9-205
.
Added by 2021 Ch. 272,§1, eff. 6/21/2021.
L. 2021: Entire part added, (HB 21-1318), ch. 1573, p. 1573, § 1, effective June 21.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › ADMINISTRATION (§§ 33-9-101 — 33-9-206) › Article 9 - ADMINISTRATION OF PARKS AND WILDLIFE (§§ 33-9-101 — 33-9-206) › Part 2 - OUTDOOR EQUITY GRANT PROGRAM (§§ 33-9-201 — 33-9-206) › Section 33-9-204 - Outdoor equity board - duties

(1)
The board shall meet as often as necessary to carry out the following duties and responsibilities:
(a)
To create an outdoor equity website;
(b)
To administer the grant program and, subject to available appropriations, award grants as provided in section
33-9-205
;
(c)
To establish any policies as are necessary or expedient for the conduct of its affairs and its meetings and to post those policies on its website, including:
(I)
A conflict of interest policy for its members in order to prevent those who serve on the board from benefitting from the grant program;
(II)
Policies related to time frames for applying for grants and for the distribution of grant money under section
33-9-205
; and
(III)
Policies related to the form of the grant program application, so as to ensure that the applications are concise, straightforward, objective, inclusive, and accessible to all interested parties;
(d)
To establish meaningful quantitative and qualitative grant reporting requirements that allow the grantees to highlight who they are serving and how they are serving them, including reports on the ethnic and racial makeup of the participants of programs funded, the ages and localities of program participants, the types of programming funded, and other relevant criteria that the board sees fit;
(e)
To compile an annual report that details information about the programs that are awarded grants, including: The ethnic and racial makeup of the participants, the ages and localities of participants, the types of programs, and other relevant information that the board sees fit; and
(f)
(I)
To present the report described in subsection (1)(e) of this section to the department and the parks and wildlife commission and to make the report publicly accessible, including posting the report on the board's website.
(II)
In January 2023, and each January thereafter, the department shall report on the grant program, including a summary of the report described in subsection (1)(e) of this section, as part of the department's presentation to its committee of reference at a hearing held pursuant to section
2-7-203(2)(a)
of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".
(2)
The board is subject to all the applicable requirements of the "Colorado Open Records Act", part 2 of article
72
of title
24
, and the open meetings law contained in part 4 of article
6
of title
24
.
Added by 2021 Ch. 272,§1, eff. 6/21/2021.
L. 2021: Entire part added, (HB 21-1318), ch. 1576, p. 1576, § 1, effective June 21.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › ADMINISTRATION (§§ 33-9-101 — 33-9-206) › Article 9 - ADMINISTRATION OF PARKS AND WILDLIFE (§§ 33-9-101 — 33-9-206) › Part 2 - OUTDOOR EQUITY GRANT PROGRAM (§§ 33-9-201 — 33-9-206) › Section 33-9-205 - Outdoor equity grant program - creation

(1)
The board shall implement the grant program in accordance with this section and the policies it establishes under section
33-9-204(1)(c)
.
(2)
To receive a grant, an applicant must submit an application to the board.
(3)
The board shall review each application it receives and may award grants to applicants that will directly utilize the grant to engage racially or ethnically diverse eligible youth who are from low-income families, engage eligible youth who are lesbian, gay, bisexual, transgender, or queer or questioning, engage Native American or indigenous youth, or engage eligible youth with disabilities in such a way so as to build sustainability and capacity for such historically underserved communities, and so as to:
(a)
Reduce barriers to the Colorado outdoors;
(b)
Create pathways for formal or informal conservation of the Colorado outdoors; or
(c)
Offer environmental and Colorado outdoor-based educational opportunities.
(4)
Subject to available appropriations, grants shall be paid out of the outdoor equity fund created in section
33-9-206
.
Added by 2021 Ch. 272,§1, eff. 6/21/2021.
L. 2021: Entire part added, (HB 21-1318), ch. 1577, p. 1577, § 1, effective June 21.