Second Regular Session Sixty-sixth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 08-0589.01 Esther van Mourik HOUSE BILL 08-1137 HOUSE SPONSORSHIP Sonnenberg, Gardner C., King, Lambert, Liston, Looper, Lundberg, McKinley, Rose, Summers, and Vaad SENATE SPONSORSHIP Brophy, Schultheis, Harvey, Cadman, Kopp, Renfroe, and Spence House Committees Senate Committees Agriculture, Livestock, & Natural Resources A BILL FOR AN ACT Concerning the acquisition of property by the wildlife commission. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires the wildlife commission to sell land or water, or an interest in land or water, of equal or greater value when the commission acquires land or water, or an interest in land or water, by gift, transfer, devise, or purchase so that the division's total property assets do not grow above the division's total property assets as of a specified date. Requires the commission to annually pay to any local government or public body corporate that is authorized to levy taxes upon land or water, or an interest in land or water, purchased by the commission a payment in lieu of taxes equal to the amount of tax the taxing entity would annually receive if the land or water, or interest in land or water, were owned by any private person or corporation. Requires the commission to seek approval by the general assembly, acting by bill, of every purchase of any fee title interest in real property or any interest in water. Removes any requirement that the wildlife commission report to the capital development committee. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 33-1-105 (1) (a) (I) and (3), Colorado Revised Statutes, are amended to read: 33-1-105. Powers of commission. (1) The commission has power to: (a) (I) (A) Acquire by gift, transfer, devise, lease, purchase, or long-term operating agreement such land and water, or interest in land and water, as in the judgment of the commission may be necessary, suitable, or proper for wildlife purposes or for the preservation or conservation of wildlife. The term "interest in land and water", as used in this section, means any and all rights and interests in land, including but not limited to fee title interests, future interests, easements, covenants, and contractual rights. Every such interest in land and water held by the commission when properly recorded shall run with the land or water to which it pertains for the benefit of the citizens of this state and may be protected and enforced by the commission in the district court of the county in which the land or water, or any portion thereof, is located. Game cash funds shall not be expended for water development projects except in those projects specifically authorized by the commission. Whenever the commission purchases any fee title interest in land or water as authorized by this section, it shall follow the procedures established in section 33-1-105.5. (B) When the commission acquires land or water, or an interest in land or water, by gift, transfer, devise, or purchase, the commission shall sell other land or water, or interests in land or water, of equal or greater value within one year after the closing date of the acquisition of the land or water, or interest in land or water, such that the division's total property assets do not grow above the division's total property assets as of January 1, 2008. (C) Notwithstanding any law to the contrary, when the commission acquires land or water, or an interest in land or water, on or after January 1, 2008, by gift, transfer, devise, or purchase, the commission shall annually pay to any local government or public body corporate that is authorized to levy taxes upon such land or water, or interest in land or water, a payment in lieu of taxes equal to the amount of tax which the taxing entity would annually receive if the land or water, or interests in land or water, were owned by any private person or corporation. The annual payments required by this sub-subparagraph (C) shall be made by the commission from the commission's existing resources. Neither the department nor the division shall submit a request for a supplemental appropriation for this purpose. (3) (a) In the event that the commission plans to acquire the fee title to any real property or to acquire an easement for a period to exceed twenty-five years or at a cost to exceed one hundred thousand dollars or to enter into any lease agreement for the use of real property for a period to exceed twenty-five years or at a cost to exceed one hundred thousand dollars, or to sell or otherwise dispose of the fee title to any real property which has a market value in excess of one hundred thousand dollars, the commission shall first submit a report to the capital development committee which outlines the anticipated use of the real property, the maintenance costs related to the property, the current value of the property, any conditions or limitations which may restrict the use of the property, and, in the event real property is acquired, the potential liability to the state which will result from such acquisition. The capital development committee shall review the reports submitted by the commission and make recommendations to the commission concerning the proposed land transaction within thirty days from the day on which the report is received. The commission shall not complete such transaction without considering the recommendations of the capital development committee, if such recommendations are timely made. (b) Repealed. SECTION 2. 33-1-105.5 (1), (7), and (9), Colorado Revised Statutes, are amended to read: 33-1-105.5. Acquisition of property - procedure. (1) Except as provided in Subject to the requirements of subsection (7) of this section, before the commission purchases any fee title interest in real property or any interest in water pursuant to section 33-1-105 (1) (a), it shall solicit bid proposals from all interested parties through the issuance of a request for proposals. Notice of such request for proposals shall be published in a newspaper of general circulation in the area where the commission plans to purchase the real property or interest in water. (7) (a) Every purchase of a fee title interest in real property or any interest in water pursuant to section 33-1-105 (1) (a) shall be approved by the general assembly acting by bill either before or after the commission solicits bid proposals from all interested parties as specified in subsection (1) of this section. The general assembly shall also approve by bill any purchase of any fee title interest in real property or any interest in water pursuant to section 33-1-105 (1) (a) that the commission has decided need not be subject to the bid process pursuant to paragraph (b) of this subsection (7). (b) The commission may decide not to use the bid process established in this section when the property or interest in water being purchased is located in such proximity to other property controlled by the division that, in the judgment of the commission, the bid process would not be effective, or when the property or interest in water to be purchased is offered through foreclosure, receivership, or auction, or when the property or interest in water is to be purchased from another governmental entity. In the event that the bid process is not used, the purchase of any fee title interest in real property or any interest in water shall be approved by the general assembly acting by bill. (9) The commission shall include in its annual report, which report shall be submitted to the capital development committee and to the agriculture, livestock, and natural resources committee of the house of representatives and the agriculture, natural resources, and energy committee of the senate, a listing of all acquisitions of real property or interests in water made pursuant to the provisions of this section. Such report shall describe all property and interests in water acquired since July 1, 1992, the acquisition cost of each such property or interest in water, and the appraised value of each such property or interest in water, and shall contain a description of all pending acquisitions of property and interests in water. SECTION 3. 2-3-1304 (1) (a.3) (II) and (1) (a.3) (III), Colorado Revised Statutes, are amended to read: 2-3-1304. Powers and duties of capital development committee. (1) The capital development committee shall have the following powers and duties: (a.3) To review and make required recommendations on reports from state agencies, including but not limited to reports from: (II) The adjutant general in the department of military and veterans affairs on the disposition of property pursuant to section 28-3-106 (1) (s) (I), C.R.S.; and (III) The wildlife commission in the department of natural resources on the acquisition of certain real property interests pursuant to section 33-1-105 (3) (a), C.R.S., and the acquisition of certain interest in real property or water pursuant to section 33-1-105.5 (9), C.R.S.; and SECTION 4. Effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, (August 6, 2008, if adjournment sine die is on May 7, 2008); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor. (2) The provisions of this act shall apply to any acquisitions of land or interests in land by the wildlife commission on or after the applicable effective date of this act.