2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › PARKS (§§ 33-10-101 — 33-15-114) › Article 10 - PARKS - GENERAL PROVISIONS (§§ 33-10-101 — 33-10-116) › Section 33-10-111 - Parks and outdoor recreation cash fund - parks for future generations trust fund - creation - fees - accounting expenditures for roads and highways - definition - repeal

(1)
Except as provided in subsection (6) of this section and sections
33-10.5-104.5
,
33-10.5-105
,
33-14-106
,
33-14.5-106
, and
33-15-103
, all money derived pursuant to articles
10
to
15
of this title 33 from division facilities and fees, and all interest earned on the money, shall be credited to the parks and outdoor recreation cash fund, which is hereby created, together with all money donated, transferred, or appropriated from whatever source for the use of the division in administering, managing, and supervising the state parks and outdoor recreation system and in the financing of impact assistance grants pursuant to part 3 of article
25
of title
30
. All cash receipts from state-owned desert, saline, and internal improvement lands shall be credited to the parks and outdoor recreation cash fund.
(1.5)
(a)
Within three days after June 21, 2021, the state treasurer shall transfer seventeen million five hundred thousand dollars from the general fund to the parks and outdoor recreation cash fund for use by the division. The division shall use:
(I)
Three million five hundred thousand dollars of the transferred money for staffing and maintenance projects to manage increased visitation to state parks and the resultant impacts on trails and other recreational amenities; and
(II)
Fourteen million dollars of the transferred money for infrastructure and state park development projects, including:
(A)
Investment in campgrounds, trails, roads, restrooms, and other facilities;
(B)
Any project planning or cultural or natural resources studies as necessary to complete the projects; and
(C)
Any necessary expenses to allow for the use of properties that the division holds for state parks purposes.
(b)
This subsection (1.5) is repealed, effective September 1, 2024.
(2)
The director, with the consent and approval of the executive director, is authorized and directed to establish an adequate system of accounting which will accurately record:
(a)
All moneys received and from what sources;
(b)
All moneys expended and for what purposes;
(c)
All passes, permits, and registrations that are issued, numbering each type separately.
(3)
In his annual budget request to the governor, the executive director shall clearly show the allocation of funds used for parks and outdoor recreation purposes among operations, land acquisition, capital construction, and other purposes.
(4)
At each regular session, the general assembly shall determine the amounts to be expended by the division for the acquisition of rights-of-way for the construction, improvement, repair, and maintenance of public roads and highways in state recreation areas and parks and shall appropriate such amounts from the state allocation provided by section
43-4-206
, C.R.S., from the highway users tax fund to the division as are necessary to accomplish these purposes.
(5)
Repealed.
(6)
(a)
(I)
(A)
There is hereby created in the state treasury the parks for future generations trust fund. The fund consists of moneys appropriated to the fund by the general assembly, moneys received from energy or mineral royalties or leases of energy or mineral rights on park properties, and gifts, grants, and donations.
(B)
For purposes of this subparagraph (I), "park properties" means each state park and state recreation area and any other park properties in which the division owns mineral interests.
(II)
No less than fifty percent of the total moneys deposited in the fund other than interest shall be accrued and maintained intact, and the remaining balance of the moneys deposited into the fund may be expended subject to appropriation by the general assembly; except that the interest earned on moneys in the fund is continuously appropriated and may be expended on such property operation and maintenance and other park projects and programs as the commission deems appropriate.
(b)
The fund is under the control of and administered by the commission. The controller shall authorize disbursements from the fund as directed by the commission on receipt of a voucher from the commission stating that the disbursement is in accordance with this subsection (6).
(c)
[Repealed by 2024 amendment.]
(d)
All moneys and interest in the fund remain in the fund to be used for the purposes set forth in this subsection (6) and shall not be deposited in or transferred to the general fund or any other fund.
Amended by 2024 Ch. 34,§ 39, eff. 3/22/2024.
Amended by 2021 Ch. 274, § 5, eff. 6/21/2021.
Amended by 2018 Ch. 137, § 2, eff. 8/8/2018.
Amended by 2017 Ch. 254, § 6, eff. 8/9/2017.
Amended by 2015 Ch. 167, § 2, eff. 8/5/2015.
L. 84: Entire article added, p. 887, § 2, effective 1/1/1985. L. 91: (4) amended, p. 1071, § 47, effective July 1. L. 96: (1) amended and (5) added, p. 778, § 1, effective May 23. L. 2000: (5)(b)(III) amended and (5)(b)(IV) added, p. 1598, § 1, effective August 2. L. 2003: (5)(a) amended, (5)(b)(III) and (5)(b)(IV) repealed, and (5)(c) added, pp. 1528, 1529, §§ 1, 3, effective May 1; (4) amended, p. 1943, § 10, effective May 22. L. 2007: (5)(c) amended, p. 700, § 1, effective May 3. L. 2012: IP(5)(a), (5)(a)(I), (5)(b)(I), (5)(b)(II), and (5)(c) amended, (HB 12-1317), ch. 1218, p. 1218, § 36, effective June 4. L. 2015: (1) amended and (6) added, (HB 15-1243), ch. 512, p. 512, § 2, effective August 5. L. 2017: (6)(c) amended, (HB 17-1257), ch. 1065, p. 1065, § 6, effective August 9. L. 2018: (1) amended, (HB 18-1008), ch. 895, p. 895, § 2, effective August 8. L. 2021: (1.5) added, (HB 21-1326), ch. 1593, p. 1593, § 5, effective June 21.
(1) This section is similar to former § 33-30-110 as it existed prior to 1984.
(2) Subsection (5)(c) provided for the repeal of subsection (5), effective September 1, 2017. (See L. 2012, p. 1218.)