2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 1 - WILDLIFE - GENERAL PROVISIONS (§§ 33-1-101 — 33-1-128) › Section 33-1-112.5 - [Effective until 8/7/2024] Backcountry search and rescue fund - repeal

(1)
(a)
There is created in the state treasury a backcountry search and rescue fund, referred to in this section as the "fund". The fund consists of money credited to the fund pursuant to this section and section
33-12-108 (4)(e)(I)(B)
, and any other money that the general assembly may appropriate or transfer to the fund.
(b)
The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(c)
Money in the fund is continuously appropriated to the department for use by the division as follows:
(I)
The division may use money credited to the fund pursuant to subsection (9) of this section and section
33-12-108 (4)(e)(I)(B)
, and any other money that the general assembly may appropriate or transfer to the fund to:
(A)
Support the goals stated in section
33-12-108 (2)(a)(IV)(C)
;
(B)
Support the needs of backcountry search and rescue activities in accordance with the recommendations of the study completed pursuant to section
33-10-116
; and
(C)
Cover response costs, equipment, and other related expenses for backcountry search and rescue activities.
(II)
The division may use money credited to the fund pursuant to subsection (2) of this section to assist any agency or political subdivision of the state of Colorado for costs incurred in backcountry search and rescue activities involving persons holding hunting or fishing licenses; vessel, snowmobile, or off-highway vehicle registrations; or a Colorado outdoor recreation backcountry search and rescue card pursuant to subsection (3) of this section. Reimbursable costs are limited to actual operational expenses. Reimbursable costs do not include salaries paid to persons permanently employed by the agency or political subdivision.
(d)
The division may use a portion of the money in the fund for the direct and indirect costs of administering this section.
(2)
(a)
(I)
Until the commission establishes a new amount in rules promulgated pursuant to subsection (2)(a)(II) of this section, a surcharge of twenty-five cents shall be assessed on each license listed in section
33-4-102 (1)
and (1.4) that is sold by the division or one of its license agents pursuant to section
33-4-101
. Receipts and interest from the surcharge shall be deposited in the backcountry search and rescue fund created in subsection (1) of this section.
(II)
On or after January 1, 2023, the commission shall promulgate rules establishing the amount of the surcharge that shall be assessed on each license listed in section
33-4-102 (1)
and (1.4) that is sold by the division or one of its license agents pursuant to section
33-4-101
. Receipts and interest from the surcharge shall be deposited in the backcountry search and rescue fund created in subsection (1) of this section.
(b)
(I)
Until the commission establishes a new amount in rules promulgated pursuant to subsection (2)(b)(II) of this section, a surcharge of twenty-five cents shall be assessed on each vessel, each snowmobile, and each off-highway vehicle registration that is sold by the division or one of its agents pursuant to section
33-13-103
,
33-14-102
, or
33-14.5-102
. Receipts and interest from the surcharge shall be deposited in the backcountry search and rescue fund created in subsection (1) of this section.
(II)
On or after January 1, 2023, the commission shall promulgate rules establishing the amount of the surcharge that shall be assessed on each vessel, each snowmobile, and each off-highway vehicle registration that is sold by the division or one of its agents pursuant to section
33-13-103
,
33-14-102
, or
33-14.5-102
. Receipts and interest from the surcharge shall be deposited in the backcountry search and rescue fund created in subsection (1) of this section.
(c)
(I)
The general assembly hereby creates the Colorado outdoor recreation backcountry search and rescue card program. The division shall make a Colorado outdoor recreation backcountry search and rescue card available to the public in accordance with this subsection (2)(c) to backpackers, hikers, mountain and trail bikers, cross country skiers, and other persons who use the Colorado backcountry for recreation. The division shall establish procedures for the licensing of vendors who sell the outdoor recreation backcountry search and rescue card, the printing of such cards, and the distribution of such cards to vendors for sale to the public.
(II)
(A)
Until the commission establishes a new amount in rules promulgated pursuant to subsection (2)(c)(II)(B) of this section, the Colorado outdoor recreation backcountry search and rescue card costs three dollars and is valid for one year from the date of purchase. The division shall charge vendors two dollars for each Colorado outdoor recreation backcountry search and rescue card, which shall be transmitted to the state treasurer, who shall credit the amount to the backcountry search and rescue fund created in subsection (1) of this section. The remaining one dollar shall be retained by the vendor as the vendor's fee.
(B)
On or after January 1, 2023, the commission shall promulgate rules establishing the price and vendor fee for the Colorado outdoor recreation backcountry search and rescue card. Money from the sale of the cards shall be transmitted to the state treasurer, who shall credit the amount to the backcountry search and rescue fund created in subsection (1) of this section.
(III)
The division may issue a multi-year Colorado outdoor recreation backcountry search and rescue card that is valid for a period not to exceed five years. The multi-year card may be offered at a reduced rate to vendors with a reduced vendor fee to reflect administrative cost savings and other considerations.
(IV)
The general assembly finds and declares that the Colorado outdoor recreation backcountry search and rescue card program is a new program. Prior to January 1, 2023, the department of local affairs is authorized to contract, pursuant to section
24-50-504 (2)(b)
, with a person, corporation, or entity for any elements of the administration of the program created by this subsection (2)(c). On and after January 1, 2023, the division assumes the rights, responsibilities, and obligations of the department of local affairs under any contract entered into pursuant to this subsection (2)(c)(IV) and is authorized to contract, pursuant to section
24-50-504 (2)(b)
, with a person, corporation, or entity for any elements of the administration of the program created by this subsection (2)(c).
(3)
All agencies and political subdivisions of the state have the right to make a request for reimbursement from the backcountry search and rescue fund for costs incurred in the performance of backcountry search and rescue activities involving those persons specified in subsection (1)(c)(II) of this section. Such requests shall be submitted to the division for immediate consideration. Any reimbursement requests which have been certified by the sheriff of the county in which the backcountry search and rescue activity occurred shall be eligible for payment by the division. The division shall establish the procedure through which requests must be submitted and for payment of such requests.
(4)
The wildlife cash fund established in section
33-1-112
and the parks and outdoor recreation cash fund established in section
33-10-111
shall not be used for reimbursement of costs as provided in subsection (1)(c)(II) of this section.
(5)
Repealed.
(6)
At the close of any fiscal year, money remaining in the backcountry search and rescue fund that was credited to the fund pursuant to subsection (2) of this section, after all approved requests for reimbursement and administrative costs have been paid, shall be used first to pay for unreimbursed backcountry search and rescue incidents and then shall be divided among counties that have applied to the division for year-end grants from the backcountry search and rescue fund. The division shall establish operating procedures for applying for year-end grants in accordance with this subsection (6).
(7) and (8)
(Deleted by amendment, L. 2001, p. 599, § 1, effective July 1, 2001.)
(9)
(a)
Within three days after June 21, 2021, the state treasurer shall transfer two million two hundred fifty thousand dollars from the general fund to the backcountry search and rescue fund for use by the department of local affairs in consultation with the division to support backcountry search and rescue efforts, including to cover response costs, equipment, and other related expenses. On and after January 1, 2023, any unspent money from the transfer made pursuant to this subsection (9)(a) is for use by the division pursuant to subsection (1)(c)(I) of this section.
(b)
The restrictions on use of money set forth in this section do not apply to the department of local affairs' use, prior to January 1, 2023, of the money transferred pursuant to subsection (9)(a) of this section. On and after January 1, 2023, the division may use the money transferred pursuant to subsection (9)(a) of this section in accordance with subsection (1)(c)(I) of this section.
(b.5)
On January 2, 2023, if there is any unobligated and unexpended money from the transfer required by section
33-1-112
(1.7)(a) in the wildlife cash fund created in section
33-1-112 (1)
, the state treasurer shall transfer the remaining money from the wildlife cash fund to the backcountry search and rescue fund on that date.
(c)
This subsection (9) is repealed, effective September 1, 2024.
(10)
(a)
On and after January 1, 2023, the division shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations previously vested under this section in the department of local affairs.
(b)
Effective January 1, 2023, all positions of employment and appropriations for personal services in the department of local affairs related to performing the powers, duties, and functions transferred to the division pursuant to this subsection (10) and determined by the division to be necessary to carry out the purposes of this section are transferred to the division and are employment positions therein. All such employees are employees of the division and retain all rights under the state personnel system and to retirement benefits pursuant to the laws of this state, and their services are deemed continuous.
(c)
All rules and policies of the department of local affairs adopted pursuant to this section and in effect as of January 1, 2023, continue to be effective and shall be enforced by the division until superseded, revised, amended, repealed, or nullified pursuant to law. The division shall adopt any rules or policies necessary for the administration of this section and as otherwise authorized by law. Before initiating its first rule-making or adopting initial policies pursuant to this subsection (10)(c), the division shall consult with the county sheriffs and the Colorado search and rescue association for input on changes that are necessary to administer this section.
(d)
Any requests for reimbursement submitted to the department of local affairs prior to January 1, 2023, pursuant to subsection (3) of this section that have not been processed or paid on January 1, 2023, are transferred to the division for immediate consideration and payment pursuant to rules adopted by the department of local affairs, until such rules are superseded, revised, repealed, or amended by the division.
(e)
Any suit, action, or other proceeding, judicial or administrative, related to the administration of this section and lawfully commenced, or which could have been commenced, by or against the department of local affairs, or any officer thereof in such officer's official capacity or in relation to the discharge of the official's duties under this section, is abated by reason of the transfer of duties and functions to the division pursuant to this subsection (10).
Amended by 2022 Ch. 296, § 2, eff. 6/1/2022 except that subsections (1)-(6) are effective 1/1/2023.
Amended by 2021 Ch. 358, § 4, eff. 6/27/2021.
Amended by 2021 Ch. 274, § 3, eff. 6/21/2021.
L. 87: Entire section added, p. 1266, § 2, effective 1/1/1988. L. 89: (2) amended, p. 1343, § 3, effective July 1. L. 91: (2) amended, p. 1920, § 46, effective June 1. L. 92: (1), (2), (3), and (4) amended and (6) added, p. 1906, § 1, effective June 1. L. 94: (1), (2)(a), (5) and (6) amended, p. 1733, § 1, effective 1/1/1995. L. 95: (3) and (6) amended and (7) and (8) added, p. 475, § 1, effective July 1. L. 96: (2)(b) amended, p. 779, § 2, effective May 23. L. 2001: (1), (2)(a), (6), (7), and (8) amended and (2)(c) added, p. 599, § 1, effective July 1. L. 2005: (2)(a) amended, p. 474, § 5, effective 1/1/2006. L. 2021: (9) added, (HB 21-1326), ch. 1592, p. 1592, § 3, effective June 21; entire section amended, (SB 21-245), ch. 358, p. 2336, § 4, effective June 27.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For the legislative declaration in SB 21-245, see section 1 of chapter 358, Session Laws of Colorado 2021.