NOTE: The governor signed this measure on 6/4/2012.
      
      
      HOUSE BILL 12-1317
      
      
      BY REPRESENTATIVE(S) Sonnenberg, Barker, Baumgardner, Becker,
      Bradford, Coram, Gerou, Looper, McKinley, Scott, Brown, Holbert, Pabon,
      Pace, Vigil;
      also SENATOR(S) Schwartz.
      
      
      Concerning the creation of the parks and wildlife commission to
           replace the parks and wildlife board in the department of
           natural resources, and, in connection therewith, describing
           the composition and terms of the commission, and reducing
           appropriations.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, repeal and reenact,
      with amendments, 33-9-101 as follows:
      
           33-9-101.  Commission - creation - composition - terms -
      vacancies - removal - meetings - strategic plan - legislative declaration
      - repeal. (1) (a)  Effective July 1, 2012, there is hereby created the
      parks and wildlife commission, also referred to in this article as
      the "commission".
      
           (b) (I)  Effective July 1, 2012, the parks and wildlife board is
      abolished and the terms of members of that board serving as of
      that date are terminated.
      
           (II)  This paragraph (b) is repealed, effective January 1, 2013.
      
           (2)  The commission consists of thirteen members, as follows:
      
           (a)  Two members who are ex officio nonvoting members, as
      follows:
      
           (I)  The executive director; and
      
           (II)  The commissioner of the department of agriculture;
      
           (b)  Eleven voting members who are appointed, in accordance
      with subsection (3) of this section, by the governor with the
      consent of the senate.
      
           (3) (a)  The eleven voting members of the commission are as
      follows:
      
           (I)  Three members who are sports persons who can
      demonstrate a reasonable knowledge of wildlife issues and who
      have obtained a hunting or fishing license issued under this title
      for at least each of the three years prior to their appointments.
      One of the members appointed pursuant to this subparagraph (I)
      must be an outfitter registered pursuant to article 55.5 of title
      12, C.R.S.
      
           (II)  Three members who are actively involved in production
      agriculture as owners or lessees of the agricultural property
      and owners or partial owners of the commodities produced on the
      land and who can demonstrate a reasonable knowledge of
      wildlife issues;
      
           (III)  Three members who can demonstrate that they
      regularly engage in outdoor recreation and utilize parks
      resources. One member appointed under this subparagraph (III)
      shall represent a nonprofit organization that supports and
      promotes the conservation and enhancement of Colorado's
      wildlife and habitat; recognizes and promotes primarily
      nonconsumptive wildlife use; and has expertise in wildlife issues,
      wildlife habitat, or wildlife management; and
      
           (IV)  Two members appointed from the public at-large.
      
           (b) (I)  In appointing members to the commission under
      paragraph (a) of this subsection (3), the governor shall make
      appointments that ensure that a reasonable balance of the
      following areas of knowledge and experience, as they relate to
      parks and wildlife, are represented: Outdoor business, service as
      a current or former local elected official, youth outdoor
      education, wildlife biology or science, energy, conservation,
      beneficial uses of water, land conservation and conservation
      easements, and diversified trails interests and activities. In order
      to satisfy the requirements of this paragraph (b), the governor
      shall give preference to persons with experience or expertise in
      multiple areas of knowledge.
      
           (II)  Regardless of the particular interests or qualifications
      possessed by each member appointed to the commission pursuant to
      paragraph (a) of this subsection (3), each commissioner represents
      diverse parks, wildlife, and outdoor recreation throughout
      Colorado and is committed to the long-term financial stability
      and sustainability of the department.
      
           (c)  Of the voting members appointed to the commission,
      there shall not be a difference of more than one person between
      those members affiliated with any major political party.
      
           (d)  To the extent possible, voting members shall be
      appointed to the commission in a manner that ensures balanced
      geographical representation of diverse areas of the state. At
      least four voting members shall be appointed from west of the
      continental divide.
      
           (e) (I)  Except as provided in paragraph (f) of this subsection
      (3), terms of members serving pursuant to paragraph (b) of
      subsection (2) of this section are for four years.
      
           (II)  No member serving pursuant to paragraph (b) of
      subsection (2) of this section is permitted to serve more than two
      consecutive terms.
      
           (f) (I)  Initial appointments of voting members of the
      commission are as follows: Two members to serve until July 1,
      2013; three members to serve until July 18, 2014; three members to
      serve until July 18, 2015; and three members to serve until July 18,
      2016. All subsequent appointments are for terms of four years.
      
           (II)  In making initial appointments to the commission under
      subparagraph (I) of this paragraph (f), the governor may select
      persons serving on the former parks and wildlife board, as that
      board existed on June 30, 2012. However, a person so appointed is
      ineligible to serve any of the initial appointments that would
      result in extending for more than two years the date on which the
      person's parks and wildlife board term would have expired.
      
           (4)  The governor shall fill vacancies on the commission for
      any unexpired term, with the consent of the senate. The member
      appointed to fill a vacancy shall be from the same category
      described in paragraph (a) of subsection (3) of this section as the
      member vacating the position.
      
           (5)  The governor is permitted to remove members of the
      commission only for cause.
      
           (6)  Six voting commissioners constitute a quorum for
      purposes of conducting the business of the commission.
      
           (7)  For purposes of mailing and service, the commission's
      principal office is in the office of the executive director.
      
           (8)  For each day actually engaged in the duties of the
      commission, the commission members are entitled to receive a per
      diem amount of fifty dollars, together with all actual and
      necessary travel expenses to be paid after the expenses are
      incurred. Mileage rates are as provided in section 24-9-104, C.R.S.
      
           (9)  The commission shall exercise its powers and perform its
      duties and functions under the department and the executive
      director of the department as if the same were transferred to the
      department by a type 1 transfer, as defined in the "Administrative
      Organization Act of 1968", article 1 of title 24, C.R.S.
      
           (10) (a) (I)  The initial meeting of the commission shall be
      convened by the executive director.
      
           (II)  At the first meeting, the commission shall:
      
           (A)  Elect a chair and vice-chair from the members serving
      pursuant to paragraph (b) of subsection (2) of this section, who
      shall serve in that capacity for a term of one year but who may be
      reelected for additional terms; and
      
           (B)  Designate two members to serve as representatives to
      the state board of the great outdoors Colorado trust fund
      established under article XXVII of the state constitution. One
      representative must be a commissioner with wildlife knowledge
      appointed pursuant to subparagraph (I) of paragraph (a) of
      subsection (3) of this section, and the other representative must
      be a commissioner with experience in outdoor recreation appointed
      pursuant to subparagraph (III) of paragraph (a) of subsection (3) of
      this section.
      
           (b)  The commission shall meet as often as necessary and may
      adopt policies and procedures necessary to carry out its duties.
      The commission shall conduct at least two meetings per calendar
      year at locations west of the continental divide.
      
           (11) (a)  In addition to discharging its regular duties and
      functions, the commission shall specifically discuss and
      formulate a five-year strategic plan to address ongoing or new
      issues resulting after, and identify increased efficiencies and cost
      savings that may be realized from, the 2011 merger of the former
      division of wildlife and the former division of parks and outdoor
      recreation into the division of parks and wildlife. The strategic
      plan must address how the merger has affected policies,
      objectives, strategies, and estimated annual fiscal costs and
      savings associated with the duties and programs of the division.
      
           (b)  The commission shall finalize the strategic plan
      required by this subsection (11) by December 31, 2013. In developing
      the strategic plan, the commission shall place special emphasis on
      obtaining meaningful statewide input.
      
           (c)  Notwithstanding section 24-1-136 (11), C.R.S., for every
      year included in the strategic plan, the commission shall submit
      a report annually to the house committee on agriculture,
      livestock, and natural resources and the senate committee on
      agriculture, natural resources, and energy, or any successor
      committees, regarding the progress and status of the strategic
      plan. In order to reduce costs associated with preparing and
      transmitting such reports, the commission is authorized to send
      the reports in an electronic format.
      
           (12) (a)  The general assembly hereby finds, determines, and
      declares that it is the policy of the state that:
      
           (I)  Colorado's wildlife, natural, scenic, and scientific
      resources must be protected, preserved, enhanced, and managed
      for the use, benefit, and enjoyment of the people of the state and
      its visitors;
      
           (II)  Colorado's agriculture plays a vital role in providing
      the state's wildlife, natural, scenic, and scientific resources the
      habitat and conditions that allow these resources to thrive;
      
           (III)  A comprehensive program designed to offer the
      greatest possible variety of recreational opportunity to the
      people of the state and its visitors is provided;
      
           (IV)  There must be a continuous operation of planning,
      acquisition, development, and management of wildlife habitats,
      state parks, outdoor recreation lands, trails, waters, and
      facilities in a manner that recognizes the private property rights
      of individual property owners; and
      
           (V)  Both education and outreach activities must be used to
      promote natural resources stewardship.
      
           (b)  The general assembly further finds and declares that
      the mission of the commission and the division is to perpetuate the
      wildlife resources of the state, to provide a quality state parks
      system, and to provide enjoyable and sustainable outdoor
      recreation opportunities that educate and inspire current and
      future generations to serve as active stewards of Colorado's
      natural resources.
      
           SECTION 2.  In Colorado Revised Statutes, 2-3-1203, amend (3)
      (aa) (II) as follows:
      
           2-3-1203.  Sunset review of advisory committees. (3)  The
      following dates are the dates for which the statutory authorization for the
      designated advisory committees is scheduled for repeal:
      
           (aa)  July 1, 2014:
      
           (II)  The Colorado natural areas council, an advisory council to the
      board of parks and outdoor recreation parks and wildlife commission,
      appointed pursuant to section 33-33-106, C.R.S.;
      
           SECTION 3.  In Colorado Revised Statutes, 2-3-1304, amend (1)
      introductory portion, (1) (a.3) introductory portion, (1) (a.3) (III), and (1)
      (a.3) (IV) as follows:
      
           2-3-1304.  Powers and duties of capital development committee.
      (1)  The capital development committee shall have has 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:
      
           (III)  The parks and 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
      
           (IV)  The board of parks and outdoor recreation parks and wildlife
      commission in the department of natural resources on the acquisition of
      certain interests in real property pursuant to section 33-10-107 (2), C.R.S.;
      
           SECTION 4.  In Colorado Revised Statutes, 18-9-120, amend (3)
      (a) as follows:
      
           18-9-120.  Terrorist training activities - penalties - exemptions.
      (3) (a)  Nothing in this section shall make makes unlawful any activity
      pursuant to section 13 of article II of the state constitution or activity of the
      parks and wildlife commission, any law enforcement agency, any hunting
      club, or any rifle club, any activity engaged in on a rifle range, pistol range,
      or shooting range, or any activity undertaken pursuant to any shooting
      school or other program or instruction, any of which activities is intended
      to teach the safe handling or use of firearms, archery equipment, or other
      weapons or techniques and is employed in connection with lawful sports or
      teach the use of arms for the defense of home, person, or property, or the
      lawful use of force as defined in part 7 of article 1 of this title, or other
      lawful activities.
      
           SECTION 5.  In Colorado Revised Statutes, 18-9-202, amend (3)
      as follows:
      
           18-9-202.  Cruelty to animals - aggravated cruelty to animals -
      cruelty to a service animal - restitution. (3)  Nothing in this part 2 shall
      be construed to amend or modifies in any manner change the authority of
      the parks and wildlife commission, as established in title 33, C.R.S., or to
      prohibit prohibits any conduct therein authorized or permitted under
      title 33, C.R.S.
      
           SECTION 6.  In Colorado Revised Statutes, 24-1-124, amend (3)
      (k) (I) as follows:
      
           24-1-124.  Department of natural resources - creation - divisions.
      (3)  The department of natural resources consists of the following divisions:
      
           (k) (I) (A)  The parks and wildlife board commission, created under
      in article 9 of title 33, C.R.S. The powers, duties, and functions of the
      wildlife commission and the board of parks and outdoor recreation are
      transferred by a type 1 transfer to the parks and wildlife board commission
      as powers, duties, and functions of the parks and wildlife board
      commission.
      
           (B)  The parks and wildlife board commission includes, as an
      advisory council, the Colorado natural areas council created by article 33 of
      title 33, C.R.S.
      
           SECTION 7.  In Colorado Revised Statutes, 24-33-104, amend (1)
      introductory portion and (1) (h) as follows:
      
           24-33-104.  Composition of the department. (1)  The department
      of natural resources consists of the following commissions, divisions, and
      boards, offices, and councils:
      
           (h)  The division of parks and wildlife; and the parks and wildlife
      board commission;
      
           SECTION 8.  In Colorado Revised Statutes, 24-33-111, amend (3)
      (a) and (5) as follows:
      
           24-33-111.  Conservation of native species - fund created.
      (3)  Species conservation eligibility list and annual report. (a)  The
      executive director of the department of natural resources, after consultation
      with the Colorado water conservation board and its director, the parks and
      wildlife commission, and the director of the division of parks and wildlife,
      shall annually prepare a species conservation eligibility list describing
      programs and associated costs that are eligible to receive funding pursuant
      to this section. The species conservation eligibility list shall be is subject to
      modification and adoption through passage of a bill. At the same time as the
      species conservation eligibility list is submitted, the director of the
      department of natural resources, after consultation with the Colorado water
      conservation board and its director, the parks and wildlife commission,
      and the director of the division of parks and wildlife, shall also provide a
      detailed report to the general assembly on the progress and status of
      activities to date and their effectiveness in the recovery of the species and
      identify proposed future activities. The report shall include an assessment
      of habitat benefits, both public and private, attributable to such activities.
      
           (5)  Maximization of funds. The Colorado water conservation board
      and the parks and wildlife commission shall maximize the species
      conservation trust fund by applying for available grants consistent with the
      purposes of the fund. Federal grants and voluntary contributions may by
      accepted and expended as provided in this section. Such grants and
      contributions shall, upon acceptance, be placed in the species conservation
      trust fund created in subsection (2) of this section. Nothing in this section
      shall be construed to limit limits the authority of the Colorado division of
      parks and wildlife to manage or regulate game, nongame, or threatened or
      endangered species. No funding shall be accepted, approved, or used to
      initiate the listing of species as threatened or endangered under federal law.
      Nothing in this section is intended to be construed as a mechanism to
      substitute funding that would otherwise be available for expenditure by the
      division of wildlife or to replace or reduce the obligation of the division to
      carry out nongame programs under title 33, C.R.S.
      
           SECTION 9.  In Colorado Revised Statutes, 24-34-104, amend
      (50.5) (d) as follows:
      
           24-34-104.  General assembly review of regulatory agencies and
      functions for termination, continuation, or reestablishment. (50.5)  The
      following agencies, functions, or both, shall terminate on September 1,
      2019: 
      
           (d)  The function of licensing river outfitters through the board of
      parks and outdoor recreation wildlife commission and the division of
      parks and outdoor recreation wildlife in accordance with article 32 of title
      33, C.R.S.
      
           SECTION 10.  In Colorado Revised Statutes, 30-11-107, amend (3)
      as follows:
      
           30-11-107.  Powers of the board. (3)  The board of county
      commissioners of any county eligible to receive impact assistance grants
      pursuant to part 3 of article 25 of this title may certify a dollar amount to the
      parks and wildlife commission or the board of parks and outdoor
      recreation or both said commission and said board pursuant to part 3 of
      article 25 of this title.
      
           SECTION 11.  In Colorado Revised Statutes, 30-25-302, amend (1)
      (a) introductory portion, (3), and (4) (a) as follows:
      
           30-25-302.  Eligibility - determination of impact - procedures -
      legislative declaration. (1) (a)  Except as provided in section 33-60-104.5,
      C.R.S., for real property interests acquired with funds made available from
      the great outdoors Colorado trust fund, in any county in which the division
      of parks and wildlife owns property, the board of county commissioners of
      the county shall certify once a year during the regular tax assessment period,
      to the parks and wildlife board commission, the current dollar amount
      representing the negative financial impact that the ownership has on the
      county's finances and the finances of any political subdivision that lies
      within the county. In calculating the dollar amount, the board of county
      commissioners shall take into consideration the following factors:
      
           (3)  The parks and wildlife board commission shall review the dollar
      amounts certified pursuant to subsection (1) of this section and shall certify
      to the general assembly these dollar amounts. In making its determinations,
      the parks and wildlife board commission shall consider the factors set forth
      in subsection (1) of this section and may consider any additional relevant
      factors. All certifications to the general assembly must include an
      explanation of the grounds upon which the determinations of the certified
      amounts are based. The parks and wildlife board commission shall include
      an estimate of the amount to be certified for impact assistance grants in their
      budget requests for each fiscal year.
      
           (4) (a)  The general assembly may make an appropriation in the form
      of an impact assistance grant to any county qualifying for such grant upon
      certification by the parks and wildlife board commission of the amount for
      the grant. Appropriations concerning lands purchased with wildlife cash or
      other wildlife moneys must be made from the wildlife cash fund.
      Appropriations concerning lands purchased with general fund or parks and
      outdoor recreation cash or other parks and outdoor recreation moneys must
      be made from the general fund or the parks and outdoor recreation cash
      fund.
      
           SECTION 12.  In Colorado Revised Statutes, 30-28-106, amend (3)
      (a) introductory portion and (3) (a) (XI) (B) as follows:
      
           30-28-106.  Adoption of master plan - contents. (3) (a)  The master
      plan of a county or region, with the accompanying maps, plats, charts, and
      descriptive and explanatory matter, shall show the county or regional
      planning commission's recommendations for the development of the
      territory covered by the plan. The master plan of a county or region shall be
      an advisory document to guide land development decisions; however, the
      plan or any part thereof may be made binding by inclusion in the county's
      or region's adopted subdivision, zoning, platting, planned unit development,
      or other similar land development regulations after satisfying notice, due
      process, and hearing requirements for legislative or quasi-judicial processes
      as appropriate. After consideration of each of the following, where
      applicable or appropriate, the master plan may include: but shall not be
      limited to:
      
           (XI)  The location of areas containing steep slopes, geological
      hazards, endangered or threatened species, wetlands, floodplains,
      floodways, and flood risk zones, highly erodible land or unstable soils, and
      wildfire hazards. For purposes of determining the location of such areas, the
      planning commission should consider the following sources for guidance:
      
           (B)  The United States fish and wildlife service of the United States
      department of the interior and the Colorado parks and wildlife commission
      created in section 33-9-101, C.R.S., for locating areas inhabited by
      endangered or threatened species;
      
           SECTION 13.  In Colorado Revised Statutes, 31-23-206, amend (1)
      introductory portion and (1) (k) (II) as follows:
      
           31-23-206.  Master plan. (1)  It is the duty of the commission to
      make and adopt a master plan for the physical development of the
      municipality, including any areas outside its boundaries, subject to the
      approval of the governmental body having jurisdiction thereof, which in the
      commission's judgment bear relation to the planning of such municipality.
      The master plan of a municipality shall be an advisory document to guide
      land development decisions; however, the plan or any part thereof may be
      made binding by inclusion in the municipality's adopted subdivision,
      zoning, platting, planned unit development, or other similar land
      development regulations after satisfying notice, due process, and hearing
      requirements for legislative or quasi-judicial processes as appropriate.
      When a commission decides to adopt a master plan, the commission shall
      conduct public hearings, after notice of such public hearings has been
      published in a newspaper of general circulation in the municipality in a
      manner sufficient to notify the public of the time, place, and nature of the
      public hearing, prior to final adoption of a master plan in order to encourage
      public participation in and awareness of the development of such plan and
      shall accept and consider oral and written public comments throughout the
      process of developing the plan. Such plan, with the accompanying maps,
      plats, charts, and descriptive matter, shall, after consideration of each of the
      following, where applicable or appropriate, show the commission's
      recommendations for the development of said municipality and outlying
      areas, including: but not limited to:
      
           (k)  The areas containing steep slopes, geological hazards,
      endangered or threatened species, wetlands, floodplains, floodways, and
      flood risk zones, highly erodible land or unstable soils, and wildfire
      hazards. For purposes of determining the location of such areas, the
      planning commission should consider the following sources for guidance:
      
           (II)  The United States fish and wildlife service of the United States
      department of the interior and the Colorado parks and wildlife commission
      created in section 33-9-101, C.R.S., for locating areas inhabited by
      endangered or threatened species;
      
           SECTION 14.  In Colorado Revised Statutes, 33-1-101, amend (2)
      as follows:
      
           33-1-101.  Legislative declaration. (2)  All wildlife within this state
      not lawfully acquired and held by private ownership is declared to be the
      property of this state. Right, title, interest, acquisition, transfer, sale,
      importation, exportation, release, donation, or possession of wildlife shall
      be is permitted only as provided in articles 1 to 6 of this title or in any rule
      or regulation of the parks and wildlife commission.
      
           SECTION 15.  In Colorado Revised Statutes, 33-1-102, amend
      (4.3), (5), (6), and (10); and repeal (2.5) as follows:
      
           33-1-102.  Definitions. As used in this title, unless the context
      otherwise requires:
      
           (2.5)  "Board" or "parks and wildlife board" means the parks and
      wildlife board created in section 33-9-101.
      
           (4.3)  "Colorado wildlife officer" means an employee of the division
      of parks and wildlife, or any other person who is commissioned by the
      director of the division to enforce the wildlife statutes and rules and
      regulations of the commission and all laws of the state of Colorado, who is
      recognized as a peace officer in section 16-2.5-116, C.R.S.
      
           (5)  "Commission" or "parks and wildlife commission" means the
      parks and wildlife board commission created in section 33-9-101.
      
           (6)  "Commissioner" means a member of the parks and wildlife
      commission.
      
           (10)  "Division" means the division of parks and wildlife and its
      employees, and, when necessary, the term may be construed as referring to
      the parks and wildlife board commission.
      
           SECTION 16.  In Colorado Revised Statutes, 33-1-106, amend (3)
      (a) as follows:
      
           33-1-106.  Authority to regulate taking, possession, and use of
      wildlife - rules. (3) (a)  The state agricultural commission shall review the
      regulations rules concerning captive wild ungulates submitted by the
      division and make recommendations to the parks and wildlife commission
      concerning such regulations the rules. The parks and wildlife
      commission shall not pass nor implement regulations rules concerning
      captive wild ungulates without the approval of the state agricultural
      commission. If the parks and wildlife commission should make makes the
      possession of red deer unlawful in this state, the division shall compensate
      any person who owns or possesses any red deer on the effective date of such
      the prohibition for the cost to replace such red deer with a legal elk of the
      same sex and comparable age.
      
           SECTION 17.  In Colorado Revised Statutes, 33-1-110, amend
      (6.7), (7) (c) introductory portion, and (7) (c) (V); and repeal (2) as follows:
      
           33-1-110.  Duties of the director of the division. (2)  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
      thereof by the commission. He shall act as recording secretary for the
      commission and shall be 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 he has no
      authority to make rules or regulations.
      
           (6.7)  The director shall certify to the state controller that
      commitment or payment vouchers submitted by local habitat partnership
      committees are consistent with distribution management plans and
      guidelines approved by the wildlife commission. Such certification shall be
      is the only requirement necessary to authorize the state controller to
      disburse funds from the habitat partnership cash fund.
      
           (7) (c)  The duties of the council are: the following:
      
           (V)  To advise the director whether or not payment vouchers
      submitted by local habitat partnership committees are consistent with
      distribution management plans approved by the wildlife commission;
      
           SECTION 18.  In Colorado Revised Statutes, 33-1-120.5, amend
      (3) (c) as follows:
      
           33-1-120.5.  Oversight of the division - target dates for
      implementation of management review recommendations. (3)  The
      director shall:
      
           (c)  Make decisions concerning the implementation of or departure
      from review recommendations in conjunction with the executive director
      of the department of natural resources and the wildlife commission.
      
           SECTION 19.  In Colorado Revised Statutes, 33-4-102, amend (9)
      as follows:
      
           33-4-102.  Types of licenses and fees - rules - repeal. (9)  All
      licenses issued pursuant to this section shall expire on the date written or
      printed thereon, unless otherwise provided by the commission or board or
      by any other law.
      
           SECTION 20.  In Colorado Revised Statutes, 33-4-102.7, amend
      (1.5), (4) (a) (I), and (4) (c) as follows:
      
           33-4-102.7.  Colorado wildlife habitat stamp - review committee
      - Colorado wildlife passport created - Colorado wildlife passport fund
      - rules - study - repeal. (1.5)  A person eighteen years of age or older and
      under sixty-five years of age shall purchase a Colorado wildlife habitat
      stamp, or shall have purchased a lifetime Colorado wildlife habitat stamp,
      when applying for or purchasing a hunting or fishing license. No habitat
      stamp purchase shall be is required prior to application for or purchase of
      such person's first two one-day hunting or fishing licenses, but a habitat
      stamp shall be purchased prior to applying for or purchasing a third one-day
      hunting or fishing license. Until March 31, 2011, no person shall be
      required to purchase more than two Colorado wildlife habitat stamps within
      a twelve-month period. On and after April 1, 2011, No person shall be is
      required to purchase more than one Colorado wildlife habitat stamp within
      a twelve-month period. Any person acquiring a license issued pursuant to
      section 33-4-104 and any person who is mobility-impaired, as defined by
      wildlife commission rules, shall be exempted is exempt from the
      requirement to purchase a Colorado wildlife habitat stamp.
      
           (4) (a) (I)  All moneys received pursuant to the issuance of the
      Colorado wildlife habitat stamp shall be used for the benefit of wildlife
      habitat or access to wildlife habitat, including costs associated with the
      operation and maintenance, such as weed control and fencing, of lands
      under the Colorado wildlife habitat protection program administered by the
      division. Revenues collected from the sale of the stamp shall be are subject
      to annual appropriation. The Colorado wildlife habitat stamp review
      committee shall annually review proposed projects for expenditure of
      Colorado wildlife habitat stamp funds, including projects proposed pursuant
      to subparagraph (II) of this paragraph (a), and make recommendations to the
      director and the wildlife commission. In consultation with the habitat stamp
      committee, the wildlife commission shall, in its discretion, ensure that
      sufficient priority is given to improve access for anglers to the waters of the
      state and to conserve and protect winter range and vital habitats for deer,
      elk, and other big game wildlife species in the allocation of revenues
      pursuant to this section.
      
           (c)  Real property interest acquisitions made by the commission
      pursuant to this section shall emphasize the acquisition of easements and
      ensure that all other avenues are pursued prior to fee simple acquisition.
      Conservation easements, as described in section 38-30.5-104 (2), C.R.S.,
      and fee simple title purchases are allowed. All fee simple title purchases
      made with revenues collected pursuant to this section, not including
      purchases of water for maintenance or enhancement of aquatic habitats,
      such as minimum storage pools or direct flow rights purchased specifically
      to protect habitat, shall be primarily for the purpose of providing access to
      the public for wildlife-related recreation, and shall be made available to the
      public for hunting or fishing, subject to wildlife commission rules. The
      commission shall not use the power of eminent domain to obtain fee simple
      title or a conservation easement on real property. The commission shall
      comply with a seller's agreement or sections 33-1-105 and 33-1-105.5 prior
      to purchasing real property. Prior to December 31, 2010, a minimum of
      sixty percent of the moneys received from the sale of the Colorado wildlife
      habitat stamp shall be spent to benefit big game winter range or big game
      migration corridors.
      
           SECTION 21.  In Colorado Revised Statutes, 33-5.5-102, amend
      (8) as follows:
      
           33-5.5-102.  Duties of the fish health board. (8)  The board shall
      periodically review regulations of the division rules relating to destruction
      or quarantine of aquaculture stock or facilities and shall recommend
      appropriate changes to the wildlife commission.
      
           SECTION 22.  In Colorado Revised Statutes, 33-6-208, amend (1)
      (b) introductory portion and (1) (b) (V) as follows:
      
           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:
      
           (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 shall be is
      presumed to represent reasonable efforts:
      
           (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.
      
           SECTION 23.  In Colorado Revised Statutes, amend 33-9-102 as
      follows:
      
           33-9-102.  Powers and duties of commission - rules. (1)  The board
      commission is vested with all the powers, responsibilities, obligations,
      functions, and duties that previously were under the jurisdiction of either
      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 board commission may adopt or revise any rules, in accordance with
      article 4 of title 24, C.R.S., that the board commission deems necessary or
      convenient to effect the purposes of, and fulfill its duties under, this title.
      
           (3)  The board commission shall designate a board commission
      member with wildlife knowledge appointed pursuant to section 33-9-101
      (2) (c) 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 board commission shall designate a
      board commission member with parks and outdoor recreation knowledge
      appointed pursuant to section 33-9-101 (2) (d) 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)  Except as provided in paragraph (b) of this subsection (4), in
      promulgating a rule to increase or decrease a park fee or charge under
      articles 10 to 32 of this title, the board 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)  The board commission may raise or lower park fees and charges
      described in paragraph (a) of this subsection (4) if the board commission
      reasonably anticipates that the total annual revenues realized from such fees
      and charges will not increase by more than twenty percent over the annual
      amount earned from fees and charges as they existed on July 1, 2011.
      
           SECTION 24.  In Colorado Revised Statutes, 33-9-103, amend (1)
      and (3) as follows:
      
           33-9-103.  Office of director of division created - duties.
      (1) (a)  The office of director of the division is hereby created. The board
      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. Except as otherwise
      provided in paragraph (b) of this subsection (1), The director shall possess
      such qualifications as may be established by the board commission, the
      executive director, and the state personnel director.
      
           (b) (I)  The members of the wildlife commission and the board of
      parks and outdoor recreation shall meet as necessary to appoint, in
      accordance with this section, a director of the division, whose appointment
      begins July 1, 2011.
      
           (II)  Until such time as the board, the executive director, and the state
      personnel director establish specific qualifications that the director must
      possess, the qualifications previously established for the director of the
      former division of wildlife and the director of the former division of parks
      and outdoor recreation, as those offices existed on June 30, 2011, apply to
      the director.
      
           (3)  The director shall exercise all the powers and perform all the
      functions of the board commission in the interim between its meetings,
      subject to the ratification of the board commission. The director shall act
      as recording secretary for the board commission and is the custodian of all
      minutes and other records of the board commission. The director shall
      perform such duties as prescribed by the board commission, by the
      executive director, or by law; except that the director has no authority to
      promulgate rules.
      
           SECTION 25.  In Colorado Revised Statutes, 33-9-104, amend (1)
      as follows:
      
           33-9-104.  Division - 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 board commission.
      
           SECTION 26.  In Colorado Revised Statutes, 33-9-105, amend (1)
      and (2) as follows:
      
           33-9-105.  Enterprise status of commission and division. (1)  The
      division and the board commission constitute an enterprise for the purposes
      of section 20 of article X of the state constitution, so long as the board
      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 board 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 board commission and the division as authorized under
      this title.
      
           SECTION 27. In Colorado Revised Statutes, amend 33-9-106 as
      follows:
      
           33-9-106.  Reports. (1) (a)  Before or during the second regular
      session of the sixty-eighth general assembly, but on or by February 29,
      2012, the executive director shall report to the joint house agriculture,
      livestock, and natural resources committee and the senate agriculture,
      natural resources, and energy committee, or any successor committees,
      regarding the board's activities since June 1, 2011, identification of any
      problems following the board's inception, the implementation plan
      formulated by the board, and any recommendations for further legislation
      to effectuate the creation, and facilitate or improve the operation, of the
      division. The report must reflect public input received regarding the
      creation and operation of the division. The report must also describe any
      cost savings that are expected to result from the merger of the former
      division of wildlife and the former division of parks and outdoor recreation.
      
           (b)  On November 30, 2011, the executive director shall submit to
      the members of the house agriculture, livestock, and natural resources
      committee and the senate agriculture, natural resources, and energy
      committee, or any successor committees, an informal progress report that
      provides a general update on the board's efforts to create the implementation
      plan and that identifies any apparent current, outstanding, or reasonably
      anticipated issues and potential solutions to those issues. The report must
      be in paper or electronic format, and need not exceed three pages in length.
      
           (2)  Beginning in 2013 and notwithstanding section 24-1-136
      (11), C.R.S., the executive director shall report annually to the joint house
      agriculture, livestock, and natural resources committee and the senate
      agriculture, natural resources, and energy committee, or any successor
      committees, regarding the administration of the division, including an
      evaluation of division resources and their utilization and an identification
      of opportunities for efficiencies. Each such report must summarize
      stakeholder outreach conducted during the prior year and must also identify
      disposition of assets and cost savings, both planned and realized, since the
      previous year, including savings pertaining to personnel, equipment,
      services, and provisioning.
      
           SECTION 28.  In Colorado Revised Statutes, 33-9-108, amend (1)
      (a), (2) (a), (3) (a), (4) (a), (5), (6), and (8) as follows:
      
           33-9-108.  Transfer of functions - employees - property - records
      - rules - contracts - lawsuits - statutory references. (1) (a)  The board
      commission shall execute, administer, perform, and enforce the rights,
      powers, duties, functions, and obligations vested previously in the former
      wildlife commission or the former board of parks and outdoor recreation.
      
           (2) (a)  All positions of employment in the wildlife commission and
      the board of parks and outdoor recreation concerning the powers, duties,
      and functions transferred to the parks and wildlife board commission
      pursuant to this article and determined to be necessary to carry out the
      purposes of this title by the parks and wildlife board commission are
      transferred to the board commission and are employment positions therein.
      All such employees are employees of the board commission for purposes
      of section 24-50-124, C.R.S., and retain all rights under the state personnel
      system and to retirement benefits pursuant to the laws of this state, and their
      services shall be deemed continuous.
      
           (3) (a)  All items of property, real and personal, including office
      furniture and fixtures, books, documents, and records of the wildlife
      commission or the board of parks and outdoor recreation are transferred to
      the parks and wildlife board commission and become the property thereof.
      
           (4) (a)  Whenever the wildlife commission or the board of parks and
      outdoor recreation is referred to or designated by any contract or other
      document, the reference or designation applies to the parks and wildlife
      board commission. All contracts entered into by the wildlife commission
      or the board of parks and outdoor recreation prior to June 30, 2011, are
      hereby validated, with the board commission succeeding to all rights and
      obligations under such contracts. Any cash funds, custodial funds, trusts,
      grants, and any appropriations of funds from prior fiscal years available to
      satisfy obligations incurred under such contracts shall be transferred and
      appropriated to the board commission for the payment of such obligations.
      
           (5) (a)  Unless otherwise specified:
      
           (I)  Whenever any provision of law refers to the wildlife commission,
      or to the board of parks and outdoor recreation, or the parks and
      wildlife board, that law shall be construed as referring to the parks and
      wildlife board commission; and
      
           (II)  Whenever any provision of law refers to the division of wildlife
      or the division of parks and outdoor recreation, that law shall be construed
      as referring to the division of parks and wildlife.
      
           (b)  The revisor of statutes is hereby authorized to change all
      references in the Colorado Revised Statutes to the wildlife commission, or
      the board of parks and outdoor recreation, or the parks and wildlife
      board from such references to the parks and wildlife board commission,
      as appropriate. The revisor of statutes is also authorized to change all
      references in the Colorado Revised Statutes to the division of wildlife or the
      division of parks and outdoor recreation from such references to the
      division of parks and wildlife, as appropriate. In connection with such this
      authority, the revisor of statutes is hereby authorized to amend or delete
      provisions of the Colorado Revised Statutes so as to make the statutes
      consistent with the powers, duties, and functions transferred pursuant to this
      article.
      
           (6)  All rules and orders of the wildlife commission or the board of
      parks and outdoor recreation continue to be effective and shall be enforced
      by the board commission until superseded, revised, amended, repealed, or
      nullified pursuant to law. The board commission shall adopt any rules
      necessary for the administration of the division and as otherwise authorized
      by this title.
      
           (8)  No suit, action, or other proceeding, judicial or administrative,
      lawfully commenced, or which could have been commenced, by or against
      the wildlife commission, the board of parks and outdoor recreation, the
      parks and wildlife board, the division of wildlife, or the division of
      parks and outdoor recreation, or any officer thereof in such officer's official
      capacity or in relation to the discharge of the official's duties, is abated by
      reason of the transfer of duties and functions to the board parks and
      wildlife commission or the division under this article.
      
           SECTION 29.  In Colorado Revised Statutes, 33-9-109, amend (1),
      (2), and (3) as follows:
      
           33-9-109.  Funds - appropriations to former divisions in 2011
      general appropriations act - repeal. (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 board
      parks and wildlife commission shall administer such funds.
      
           (2)  The board 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 board 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 board 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 board 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.
      
           SECTION 30.  In Colorado Revised Statutes, 33-10-101, amend (2)
      (d) as follows:
      
           33-10-101.  Legislative declaration. (2)  In implementing the policy
      set forth in subsection (1) of this section, the state shall:
      
           (d)  Charge a fee for required passes or permits for the use of any
      state park or state recreation area where appropriate supervision and
      maintenance is required and when certain facilities, as determined by the
      board of parks and outdoor recreation parks and wildlife commission,
      are maintained at any such area;
      
           SECTION 31.  In Colorado Revised Statutes, 33-10-102, amend
      (15), (18), and (21) introductory portion; and repeal (1), (3), (4), (5), (6),
      (9), (11), (12) as follows:
      
           33-10-102.  Definitions. As used in articles 10 to 15 of this title,
      unless the context otherwise requires:
      
           (1)  "Board" or "board of parks and outdoor recreation" means the
      parks and wildlife board created in section 33-9-101.
      
           (3)  "Department" means the department of natural resources.
      
           (4)  "Director" means the director of the division of parks and
      wildlife created in section 33-9-104.
      
           (5)  "Division" means the division of parks and wildlife created in
      section 33-9-104 and its employees, and, when necessary, the term may be
      construed as referring to the board.
      
           (6)  "Executive director" means the executive director of the
      department of natural resources.
      
           (9)  "Hunt" or "take" shall have the same meaning as that specified
      in section 33-1-102.
      
           (11)  "Motor vehicle" means any self-propelled vehicle or any
      vehicle drawn by a self-propelled vehicle by which persons or property may
      be moved, carried, or transported from one place to another by land, air, or
      water.
      
           (12)  "Nonresident" means any person who is not a resident of this
      state.
      
           (15)  "Parks and recreation officer" or "special parks and recreation
      officer" means a person who is appointed by the director and authorized to
      enforce the park laws and the rules and regulations of the board
      commission and who shall cooperate with the division of wildlife in the
      enforcement of the wildlife laws and rules. and regulations.
      
           (18)  "Permit" means a document issued pursuant to board regulation
      commission rule and shall include includes such documents as
      campground permits, electrical hookup permits, group picnic area permits,
      and other permits as authorized by the board commission.
      
           (21)  "Resident" means any person who has been domiciled in this
      state for six consecutive months or more immediately preceding the date of
      application for or purchase of any registration or aspen leaf passport under
      the provisions of articles 10 to 15 of this title or the rules or regulations of
      the board commission, who resides in this state with the genuine intent of
      making this state his or her place of permanent abode, and who, when
      absent, intends to return to this state. A person who is a resident of this state
      does not terminate residency upon entering the armed services of the United
      States. A member of the armed services domiciled in Colorado at the time
      he or she entered military service is presumed to retain his or her status
      as a domiciliary of Colorado throughout his stay in the service, regardless
      of where he or she may be assigned to duty or for how long. For the
      purposes of this subsection (21), the following shall be are deemed
      residents of this state: 
      
           SECTION 32.  In Colorado Revised Statutes, 33-10-106, amend (1)
      introductory portion, (1) (j) (II), (1) (j) (III), (2) introductory portion, and
      (4) as follows:
      
           33-10-106.  Duties of the commission - rules. (1)  The board
      commission shall:
      
           (j) (II)  In adopting rules pursuant to this paragraph (j), the board
      commission shall consult with the director and personnel of the division
      and shall not initiate any special or additional rule-making hearings outside
      the board's commission's normal rule-making schedule. The intent of this
      subparagraph (II) is to allow the board commission and the division to
      implement section 33-10-108.5 within existing appropriations.
      
           (III)  Whenever the board commission negotiates a contract or
      agreement affecting a specific state park, natural area, or facility, the board
      commission shall promptly give written notice to the staff assigned to that
      park, area, or facility.
      
           (2)  The board commission shall adopt such rules or regulations as
      may be reasonably necessary for the administration, protection, and
      maintenance of all state parks and recreation areas under the direct control
      of the division. Specifically, the board commission has the power to adopt
      rules or regulations for such areas on the following matters:
      
           (4) (a)  Rule-making procedures shall be are as prescribed in article
      4 of title 24, C.R.S., except as otherwise provided in articles 10 to 15 and
      32 of this title. Notice of rules may also be given such other publicity as the
      board commission may deem desirable.
      
           (b)  A certified copy, which may be certified by the director or his
      the director's designee, of any rule regulation, or order of the board shall
      be commission constitutes prima facie evidence in any court of this state.
      A printed copy of any rule or regulation purporting or proved to have been
      adopted and published by the authority of the board commission or as
      published in the code of Colorado regulations in accordance with the
      provisions of section 24-4-103, C.R.S., is presumptive evidence of such rule
      or regulation and of its adoption.
      
           (c)  All rules regulations, and orders of the board commission,
      lawfully adopted and in force on December 31, 1984, shall continue to be
      effective until revised, amended, repealed, or nullified, or until they have
      expired, pursuant to law.
      
           SECTION 33.  In Colorado Revised Statutes, 33-10-107, amend (1)
      introductory portion, (1) (a), (1) (b), (1) (c), (1) (e), and (2) as follows:
      
           33-10-107.  Powers of commission - rules - definitions. (1)  The
      board commission has power to:
      
           (a)  Acquire by gift, transfer, lease, purchase, or long-term operating
      agreement such land and water, or interests in land and water, as the
      director, with the approval of the executive director, deems necessary,
      suitable, or proper for parks and outdoor recreation purposes or for the
      preservation or conservation of sites, scenes, open space, and vistas of
      public interest. As used in this section, "interest in land and water" means
      any and all rights and interest in land less than the full fee interest, including
      but not limited to future interests, easements, covenants, and contractual
      rights. Every such interest in land and water held by the board commission
      when properly recorded shall run runs 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 board commission in the district court of the county in
      which the land or water, or any portion thereof, is located.
      
           (b)  Lease, exchange, or sell any property, water rights, land, or
      interest in land or water rights, including oil, gas, and other organic and
      inorganic substances which now are or may become surplus or which, in the
      proper management of the division, the board commission desires to lease,
      exchange, or sell. All sales of property, water rights, or lands shall be at
      public sale, and the board commission has the right to reject any or all bids.
      As used in this paragraph (b), "exchange" means the transferring of
      property, water rights, land, or interest in land or water rights to another
      person in consideration for the transfer to the board commission of other
      property, water rights, land, or interest in land or water rights, or cash, or
      any combination thereof; except that any cash received may not exceed fifty
      percent of the total value of the consideration. A transaction otherwise
      qualifying as an exchange shall is not be deemed a sale merely because
      dollar values have been assigned to any property, water rights, land, or
      interest in land or water rights, for the purpose of ensuring that the board
      commission will receive adequate compensation.
      
           (c)  Construct, lease, or otherwise establish public parks or outdoor
      recreational facilities and conveniences at any site or on any land controlled
      by the board commission or in which it holds an interest; operate and
      maintain any such lands, facilities, and conveniences, and provide services
      with respect thereto, and, when appropriate, make reasonable charges for
      their use or enter into contracts for their maintenance or operation;
      
           (e)  Receive and expend grants, gifts, and bequests, including federal
      funds, made available for the purposes for which the board commission is
      authorized. The board commission may provide matching funds whenever
      funds are available on such a basis. The board commission shall provide
      such information as may be required in order to secure such funds. The
      receipt and expenditure of money so received shall be reported to the
      executive director prior to the time of submission of the board's
      commission's annual budget requests.
      
           (2)  In the event that the board commission plans to acquire the fee
      title to any real property at a cost to exceed that exceeds one hundred
      thousand dollars or to acquire an easement for a period to exceed that
      exceeds twenty-five years or at a cost to exceed that exceeds one
      hundred thousand dollars or to enter into any lease agreement for the use of
      real property for a period to exceed that exceeds twenty-five years or at
      a cost to exceed that exceeds one hundred thousand dollars, or to sell or
      otherwise dispose of such property, after the board commission has
      approved of the transaction but before it has completed the transaction, the
      board commission shall submit a report to the capital development
      committee that 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 that may restrict the use of the property, and,
      in the event real property is acquired, the potential liability to the state that
      will result from the acquisition. The capital development committee shall
      review the reports submitted by the board commission and make
      recommendations to the board commission concerning the proposed land
      transaction within thirty days from the day on which the report is received.
      The board commission shall not complete the transaction without
      considering the recommendations of the capital development committee, if
      the recommendations are made in a timely manner.
      
           SECTION 34.  In Colorado Revised Statutes, 33-10-108, amend (1)
      (f) and (1) (h) as follows:
      
           33-10-108.  Duties of the division of parks and wildlife -
      definitions. (1)  The division, unless otherwise provided by law, has the
      following duties:
      
           (f)  To enter into and administer agreements with the United States,
      or any appropriate agency thereof, for the planning, acquisition, and
      development of projects involving participating federal aid funds on behalf
      of any county, city, or other political subdivision if such county, city, or
      other political subdivision gives necessary assurances to the division that it
      has available sufficient funds to meet its share of the cost of the project and
      that the acquired or developed areas will be operated and maintained in
      perpetuity at its expense for public outdoor recreation use. Funds distributed
      to a city, county, or any other political subdivision pursuant to this section
      and not utilized shall, pursuant to rules and regulations adopted by the board
      commission, revert to the division for its use. Any administrative costs
      assessed by the division to any county, city, or other political subdivision
      for local projects shall be for actual administrative costs incurred by the
      division, not to exceed five percent of federal aid funds distributed to such
      political subdivision.
      
           (h)  To study the availability of areas selected by the board
      commission pursuant to section 33-10-106 (1) (h) for the establishment of
      trails under article 11 of this title and to recommend trails to be included in
      the Colorado greenway trails system.
      
           SECTION 35.  In Colorado Revised Statutes, 33-10-109, amend (1)
      (d), (1) (e), and (1) (f); and repeal (1) (c) as follows:
      
           33-10-109.  Powers and duties of director. (1)  It is the duty of the
      director to:
      
           (c)  Exercise all the powers and functions of the board in the interim
      between its meetings, subject to the ratification thereof by the board, act as
      recording secretary for the board and custodian of all minutes and other
      records of the board, and perform such duties as may be prescribed by the
      board, the executive director, or by law, but the director has no authority to
      make rules or regulations;
      
           (d)  Prepare such reports as the executive director requires the board
      commission or director to submit;
      
           (e)  Authorize, with approval of the board commission, such studies
      as are necessary to collect, classify, and disseminate statistics, data, and
      other information which, in his the director's discretion, tend to
      accomplish the objectives of articles 10 to 15 and 32 of this title, consistent
      with the state policy as set forth in section 33-10-101;
      
           (f)  Appoint special parks and recreation officers who shall have the
      power to enforce the provisions of articles 10 to 15 and 32 of this title and
      rules of the board commission. Special parks and recreation officers
      commissions shall not be issued until the applicant has submitted an
      application to the division setting forth his or her qualifications. The
      director may revoke such appointments at any time.
      
           SECTION 36.  In Colorado Revised Statutes, 33-10-111, amend (5)
      (a) introductory portion, (5) (a) (I), (5) (b) (I), (5) (b) (II), and (5) (c) as
      follows:
      
           33-10-111.  Parks and outdoor recreation cash fund created - fees
      - accounting expenditures for roads and highways - repeal.
      (5) (a)  Subject to the provisions of this subsection (5), the board
      commission may set fees by rule for the use of facilities and programs of
      the division, including discounts for marketing purposes. The board
      commission shall:
      
           (I)  Before adopting any such rule, provide the general assembly's
      joint budget committee with the proposed rule and the board's
      commission's analysis of the proposed rule;
      
           (b) (I)  All actions of the board commission to change fees shall be
      are subject to the requirements of the "State Administrative Procedure
      Act", article 4 of title 24, C.R.S. Whenever the board commission desires
      to change any fee, the board commission shall conduct rule-making, with
      timely notice and an opportunity for comment by interested parties.
      
           (II)  In its annual budget request to the general assembly, the board
      commission shall include the amount of any fee changed, proposed, or
      under consideration by the board commission.
      
           (c)  This subsection (5) is repealed, effective July 1, 2012
      September 1, 2017.
      
           SECTION 37.  In Colorado Revised Statutes, amend 33-10-114 as
      follows:
      
           33-10-114.  Limitation on division and commission authority.
      (1)  Neither the board commission nor the division shall enter into any
      mitigation agreements with any agency of the federal government relating
      to the transfer or exchange of land or water condemned by the federal
      government without the express consent of the general assembly.
      
           (2)  The provisions of Nothing in subsection (1) of this section shall
      not be construed to prevent prevents the board commission or the division
      from entering into common agreements with a federal agency pertaining to
      the administration or management of federally owned lands.
      
           SECTION 38.  In Colorado Revised Statutes, 30-10-115, amend (4)
      as follows:
      
           33-10-115.  Use of parks and recreational areas by nonprofit
      search and rescue organizations - definitions - rules. (4)  The board
      commission shall promulgate rules as are reasonably necessary for the
      implementation of to implement this section.
      
           SECTION 39.  In Colorado Revised Statutes, 33-10.5-102, amend
      (1), (5), and (8); and repeal (3) as follows:
      
           33-10.5-102.  Definitions. As used in this article, unless the context
      otherwise requires:
      
           (1)  "Aquatic nuisance species" means exotic or nonnative aquatic
      wildlife or any plant species that have been determined by the board
      commission to pose a significant threat to the aquatic resources or water
      infrastructure of the state.
      
           (3)  "Board" means the board of parks and outdoor recreation in the
      department of natural resources created in section 33-10-103.
      
           (5)  "Decontaminate" means to wash, drain, dry, or chemically or
      thermally treat a conveyance in accordance with rules promulgated by the
      board commission in order to remove or destroy an aquatic nuisance
      species.
      
           (8)  "Inspect" means to examine a conveyance pursuant to
      procedures established by the board commission by rule in order to
      determine whether an aquatic nuisance species is present, and includes
      examining, draining, or chemically treating water in the conveyance.
      
           SECTION 40.  In Colorado Revised Statutes, 33-10.5-107, amend
      (1) and (2) introductory portion as follows:
      
           33-10.5-107.  Commission to promulgate rules. (1)  The board
      commission is authorized to promulgate rules pursuant to article 4 of title
      24, C.R.S., as necessary to prevent, control, contain, monitor, and,
      whenever possible, eradicate aquatic nuisance species. In promulgating
      such rules, the board commission shall consult with the commission and
      any affected state, federal, and tribal governmental entities and subdivisions
      thereof, including but not limited to, special districts, water conservancy
      districts, and water supply agencies.
      
           (2)  The board commission shall promulgate rules to administer and
      enforce this article. Such rules shall include: but not be limited to:
      
           SECTION 41.  In Colorado Revised Statutes, 33-11-104, amend (5)
      as follows:
      
           33-11-104.  Acquisition. (5)  Nothing in this section shall alter,
      impair, supersede, or change modifies, impairs, or supersedes the
      authority of the board commission or the ability of the division to acquire
      any interest in water or water rights pursuant to section 33-10-107 (1) (a).
      
           SECTION 42.  In Colorado Revised Statutes, 33-11-105, amend (1)
      as follows:
      
           33-11-105.  Recreational trails committee. (1)  There is hereby
      created the Colorado recreational trails committee, which shall be is
      advisory and shall consist consists of nine members, eight of whom shall
      be are appointed by the board of parks and outdoor recreation commission.
      One member shall be appointed from the governing committee of the state
      board of the great outdoors Colorado trust fund created by section 6 of
      article XXVII of the state constitution. The terms of the members
      appointed by the board of parks and outdoor recreation shall be appointed
      for terms of commission are four years. No member shall serve more than
      two consecutive terms. One member shall be appointed from each
      congressional district, one member shall be appointed from the state at
      large, and one member shall represent and be appointed by the state board
      of the great outdoors Colorado trust fund. The committee shall include in
      its membership representation of the broad spectrum of trail users.
      Vacancies from the members appointed by the state board of parks and
      outdoor recreation on the committee shall be filled for the unexpired term
      by the board of parks and outdoor recreation appropriate appointing
      authority set forth in this subsection (1).
      
           SECTION 43.  In Colorado Revised Statutes, 33-11-106, amend (1)
      as follows:
      
           33-11-106.  Responsibilities of committee. (1)  The committee, with
      the approval of the board commission, shall coordinate trail development
      among local governments and shall assist local governments in the
      formation of their trail plans and advise the board commission quarterly of
      its findings. In carrying out this responsibility, the committee shall review
      records of easements and other interests in land which are available and
      may be adapted for recreational trail usage, including public lands, utility
      easements, floodplains, railroad and other rights-of-way, geological hazard
      areas, gifts of land or interests therein, and steep slope areas. The committee
      shall advise the board commission in the development of uniform standards
      for trail construction which that may be adopted by the board commission
      for statewide use and which that shall be made available to participating
      local governments. The committee shall offer plans and methods for
      funding a trails system through user fees or other financing methods.
      
           SECTION 44.  In Colorado Revised Statutes, amend 33-11-107 as
      follows:
      
           33-11-107.  Availability of funds. The board commission is
      authorized to make funds appropriated by the general assembly for the
      purposes of this article available to local governments and nonprofit
      organizations in accordance with criteria developed by the committee and
      adopted by the board commission. The committee shall advise the board
      commission of its recommendations for the allocation of such funds among
      participating local governments and nonprofit organizations.
      
           SECTION 45.  In Colorado Revised Statutes, 33-11-108, amend
      (1), (2), (3), and (4) as follows:
      
           33-11-108.  State trails system. (1)  The board commission shall
      designate a state trails system. The trails comprising such system shall meet
      criteria established by the board commission and shall be consistent with
      the objectives of this article.
      
           (2)  The board commission shall establish a procedure whereby
      federal, state, and local governments and nongovernmental organizations
      may propose trails for inclusion within the system.
      
           (3)  In consultation with appropriate federal, state, and local
      governments and nongovernmental organizations, the board commission
      shall establish a procedure for review and public hearings upon proposals
      for the inclusion of trails in the system.
      
           (4)  The board commission may participate in the planning,
      establishment, development, and long-term operation and maintenance of
      segments of national scenic trails which might be authorized by the
      congress of the United States.
      
           SECTION 46.  In Colorado Revised Statutes, 33-11-109, amend (3)
      as follows:
      
           33-11-109.  Trail categories - rules. (3)  The board commission,
      through the division, is authorized to conduct studies, and to promulgate
      such rules as may be necessary for establishing and managing the Colorado
      greenway trails system. The board commission shall consult and cooperate
      with the Colorado water conservation board, transportation commission,
      Colorado water resources and power development authority, and all other
      appropriate units of state government and political subdivisions of the state,
      including but not limited to, any county, city, city and county, and water
      conservation and conservancy district; any other public and private persons;
      and any appropriate federal agencies to establish a Colorado greenway trails
      system that minimizes adverse impacts on activities, natural features, and
      sensitive habitats adjacent to trails.
      
           SECTION 47.  In Colorado Revised Statutes, amend 33-11-110 as
      follows:
      
           33-11-110.  Uniform signs and markers. The board commission
      may establish uniform signs and markers, including thereon which signs
      and markers may include appropriate and distinctive symbols. Where
      trails cross lands administered by federal agencies, such markers may be
      provided and erected by the appropriate federal agency at appropriate points
      along trails and maintained by the federal agency administering the trails in
      accordance with standards mutually established by the division and the
      federal agency concerned. Where trails cross lands of state or local
      governmental agencies, the division may provide such uniform signs and
      markers to such agencies in accordance with written agreements and may
      require such agencies to erect and maintain them in accordance with
      standards established in such agreements.
      
           SECTION 48.  In Colorado Revised Statutes, 33-12-101, amend (1)
      (a) as follows:
      
           33-12-101.  Passes and registrations - rules - definition.
      (1) (a)  Except as specified in section 33-12-103 (1) (b), every pass or
      registration shall expire expires on the date printed or written on the face
      of said the document. The board commission may adopt rules establishing
      a subscription program through which a person to whom an annual pass has
      been issued pursuant to this article is notified, prior to the expiration of the
      pass, of the opportunity to renew the pass by mail or other means
      determined by the board commission. As used in this article, "document"
      means pass or registration.
      
           SECTION 49.  In Colorado Revised Statutes, 33-12-103, amend (1)
      (a), (1) (b) (I), (2), and (3) as follows:
      
           33-12-103.  Aspen leaf annual pass - aspen leaf lifetime pass -
      rules - report. (1) (a)  A resident of this state, as defined in section
      33-10-102, may obtain from the division an aspen leaf annual pass, which
      shall be pass is valid from the date the pass is purchased through the last
      day of the month of purchase in the following year. The commission shall
      determine the age of eligibility for the aspen leaf pass. shall be
      determined by the board.
      
           (b) (I)  A resident of this state, as defined in section 33-10-102, may
      obtain from the division an aspen leaf lifetime pass, which shall be is valid
      from the date the pass is purchased through the lifetime of the pass holder.
      The age of eligibility for the aspen leaf lifetime pass is the same as that for
      the aspen leaf annual pass pursuant to paragraph (a) of this subsection (1).
      Notwithstanding any provision of law to the contrary, the fee for the aspen
      leaf lifetime pass shall be is as set by rule of the board but commission;
      except that the fee shall not exceed five times the cost of the aspen leaf
      annual pass.
      
           (2)  Except as provided by rule of the board commission, for the
      purpose of this section, the holder of an aspen leaf annual pass or aspen leaf
      lifetime pass shall own in whole or in part any vehicle used to enter a park
      area, the vehicle shall have a current valid registration issued by the
      department of revenue, and the pass holder shall be present in the vehicle.
      An aspen leaf pass or aspen leaf lifetime pass entitles the holder to enter
      state park and recreation areas during the period that the pass is valid and
      when such areas are open.
      
           (3)  Each aspen leaf annual pass issued shall be affixed to the vehicle
      for which it was issued in the manner prescribed by rule promulgated by the
      board commission. Each aspen leaf lifetime pass shall be displayed by the
      person to whom it was issued, in the manner prescribed by the board
      commission by rule, when the person enters a state park or state recreation
      area.
      
           SECTION 50.  In Colorado Revised Statutes, 33-12-103.5, amend
      (2) (b) as follows:
      
           33-12-103.5.  Columbine annual pass - rules. (2) (b)  The board
      commission, by rule, shall provide for a transferable columbine annual pass
      that shall be is valid when temporarily affixed to any vehicle used to bring
      such pass holder into a park.
      
           SECTION 51.  In Colorado Revised Statutes, 33-12-104, amend
      (1), (9), and (10) as follows:
      
           33-12-104.  Pass and registration agents - reports - board of
      claims - unlawful acts - rules. (1)  The director may designate sole
      proprietors, partnerships, or corporations having permanent business
      locations in this state as pass and registration agents to sell, at their
      permanent business locations, passes and registrations. Pass and registration
      agents shall be paid a commission on all moneys collected for passes and
      registrations sold by such agents in an amount determined by the board
      commission by rule. All agents authorized to sell passes and registrations
      shall keep accurate records of all sales of passes and registrations and shall
      make such reports to the division regarding pass and registration sales as
      may be required. Such agents shall be required to give evidence of financial
      responsibility, in the form of a savings account, deposit, or certificate of
      deposit meeting the requirements of section 11-35-101, C.R.S., or an
      irrevocable letter of credit meeting the requirements of section 11-35-101.5,
      C.R.S., or a bond, in such amount as may be fixed by the division to insure
      the remittance of all moneys collected from such pass and registration sales,
      less amounts allowed as commissions, and the making of reports required
      by the division. The board commission may promulgate rules for the
      establishment and cancellation of pass and registration agencies. All pass
      and registration moneys received shall be kept separate and apart from any
      other moneys of the agent authorized to sell passes and registrations and
      shall at all times belong to the state. All moneys due from the sale of passes
      and registrations shall belong to the state and shall draw interest at the rate
      of one and one-half percent per month from the time that the agency is
      cancelled by the division until paid.
      
           (9)  The board commission may promulgate rules for the cash sale
      of passes and registrations to pass and registration agents of the division for
      resale to the public. Only agents of the division in good standing may
      qualify to purchase and sell under this subsection (9); except that no
      evidence of financial responsibility shall be required to qualify under this
      subsection (9). A post or base exchange of the United States government
      located in Colorado may qualify as an agent for the purpose of this
      subsection (9). Failure to comply with all applicable rules of the board
      commission and lawful directives of the division regarding pass and
      registration agents shall be constitutes grounds for the suspension or
      termination of such an agent, and, upon suspension or termination, all
      unsold passes and registrations shall be returned immediately to the division
      for return of cash in the amount paid by the agent for the passes and
      registrations. The board commission, in connection with a program that it
      may adopt under this subsection (9), shall provide for redemption by the
      division, at least annually, of any unsold passes and registrations in the
      amount paid by the agent for such unsold passes and registrations. The
      provisions of Subsections (1) to (8) of this section, except the provisions of
      subsection (1) regarding the designation of pass and registration agents,
      shall do not apply to passes and registrations sold under this subsection (9).
      
           (10)  The board commission may authorize certain employees to sell
      passes and registrations at the headquarters and regional offices of the
      division. Such employees are not entitled to a discount off of the face value
      of the passes and registrations and are not required to give evidence of
      financial responsibility. Such employees may make claims under oath for
      relief from responsibility for passes and registrations or moneys that have
      been lost, stolen, or destroyed and for which the employees are unable to
      account in accordance with the provisions of subsections (4) to (8) of this
      section.
      
           SECTION 52.  In Colorado Revised Statutes, 33-12-106, amend
      (2.3) and (2.7) (b) as follows:
      
           33-12-106.  Park entrance privileges - identified veterans -
      wounded warriors - search and rescue organizations conducting
      training activities - legislative declaration - rules. (2.3)  The board
      commission may promulgate rules to allow free entrance to any state park
      or recreation area, not to include campgrounds, yurts, or other amenities and
      services offered, for veterans on one day each year. The board commission
      may determine by rule which day veterans are allowed free entrance to state
      parks and recreation areas.
      
           (2.7) (b)  The board commission may promulgate rules to allow free
      entrance to any state park or recreation area, not to include campgrounds,
      yurts, or other amenities or services offered, for participants in the United
      States armed services wounded warrior programs who are residents of, or
      stationed in, Colorado. Any such rules must also allow for free admission
      of persons accompanying the wounded warrior program participant in the
      same vehicle.
      
           SECTION 53.  In Colorado Revised Statutes, amend 33-12.5-102
      as follows:
      
           33-12.5-102.  Legislative declaration. The general assembly
      recognizes that the Arkansas river is a major recreation attraction and a vital
      resource for residents and nonresidents alike and hereby declares that it is
      the policy of this state to safeguard the recreational quality of the Arkansas
      river and the adjacent lands by granting the board commission the authority
      to regulate recreational use on the Arkansas river. It is not the intent of the
      general assembly to in any way interfere with private landowner rights
      along the river or with the determination, administration, or change of water
      rights in the drainage of the Arkansas river and its tributaries and the legal
      utilization thereof.
      
           SECTION 54.  In Colorado Revised Statutes, amend 33-12.5-103
      as follows:
      
           33-12.5-103.  Powers of the commission. (1)  The board shall have
      commission has the authority, consistent with the legislative declaration
      of this article section 33-12.5-102, to regulate the manner, type, time,
      location, and amount of recreational and commercial use on that portion of
      the Arkansas river that runs from the confluence of the Lake Fork and the
      East Fork of the Arkansas river to the Pueblo reservoir.
      
           (2)  Subject to section 33-12.5-102, the board shall commission also
      have has the authority to enter into agreements with municipalities, water
      conservancy districts, and private individuals to effect reservoir operation
      in order to provide water flows beneficial to recreation and consistent with
      section 33-12.5-104.
      
           (3)  The board commission shall, to the maximum extent possible
      but consistent with the legislative declaration of this article section
      33-12.5-102, keep the regulation of the recreational uses of the Arkansas
      river to a minimum.
      
           SECTION 55.  In Colorado Revised Statutes, 33-12.5-104, amend
      (1) (c) and (1) (f) as follows:
      
           33-12.5-104.  Effect of article - rights of property owners - water
      rights. (1)  Nothing in this article shall be construed as:
      
           (c)  Granting the board commission any vested water rights or right
      to apply for or obtain any decree for a water right for recreational purposes;
      
           (f)  Allowing the board commission or the division to require
      minimum stream flows or minimum water levels in any lakes or
      impoundments.
      
           SECTION 56.  In Colorado Revised Statutes, 33-13-103, amend (3)
      as follows:
      
           33-13-103.  Numbering of vessels required - rules. (3)  The board
      commission shall prescribe by rule or regulation a system of numbering
      which is in compliance that complies with the federal system for
      numbering vessels.
      
           SECTION 57.  In Colorado Revised Statutes, 33-13-104, amend (3)
      as follows:
      
           33-13-104.  Application for vessel number. (3)  When a numbered
      vessel is lost, destroyed, or abandoned, the registration issued for the vessel
      shall be surrendered to the division within fifteen days after any such event.
      When the owner of a numbered vessel changes his or her address from that
      shown on the registration, he the owner shall notify the division within
      fifteen days of such change and, as a part of such notification, shall furnish
      the division with his or her new address. The board commission may
      provide in its rules or regulations for the surrender of the registration
      bearing the former address and its replacement with a registration bearing
      the correct address or for the alteration of an outstanding registration to
      show the new address of the owner.
      
           SECTION 58.  In Colorado Revised Statutes, 33-13-106, amend (3)
      (a), (4), and (6) as follows:
      
           33-13-106.  Equipment requirements. (3)  Every vessel, other than
      a personal watercraft, operated on the waters of this state shall at all times
      have aboard:
      
           (a)  One personal flotation device of a type approved by the
      commandant of the United States Coast Guard in good and serviceable
      condition and in a readily accessible place of storage for each person on
      board; except that sailboard operators may wear a wet suit, as defined by the
      board commission, in lieu of carrying a personal flotation device as
      required by this paragraph (a);
      
           (4)  Every vessel operated on the waters of this state shall have such
      additional equipment that is designed to promote navigational safety and
      that the board commission may find to be necessary or desirable for the
      safe operation of vessels upon the waters of this state.
      
           (6)  The board commission may exempt vessels from the provisions
      of subsection (1), (2), (3), (4), or (4.5) of this section under certain
      conditions or upon certain waters.
      
           SECTION 59.  In Colorado Revised Statutes, 33-13-108, amend (1)
      (a) (II), (1) (a) (III), (1) (a) (IV) as follows:
      
           33-13-108.  Prohibited vessel operations. (1) (a)  No person shall
      operate or give permission for the operation of a vessel:
      
           (II)  Which emits noise in excess of the permissible level established
      in standards promulgated by the board commission in accordance with
      article 4 of title 24, C.R.S.;
      
           (III)  Above a wakeless speed in areas zoned as wakeless, as defined
      by board commission rule; or regulation;
      
           (IV)  In a manner that violates any rule promulgated by the board
      commission for safe use and operation of vessels.
      
           SECTION 60.  In Colorado Revised Statutes, 33-13-109, amend (2)
      and (3) as follows:
      
           33-13-109.  Collisions, accidents, and casualties - rules. (2)  The
      board commission shall adopt rules and regulations concerning notification
      and reporting procedures to be followed in the case of a collision, accident,
      or other casualty involving a vessel or its equipment. Such The regulations
      shall must be consistent with applicable federal requirements.
      
           (3)  The owner or operator of a vessel involved in a collision,
      accident, or other casualty shall report the collision, accident, or casualty as
      provided in the rules and regulations of the board commission.
      
           SECTION 61.  In Colorado Revised Statutes, 33-13-110, amend (2)
      (b) and (2) (c) as follows:
      
           33-13-110.  Water skis, aquaplanes, surfboards, inner tubes, and
      similar devices - rules. (2) (b)  The board commission shall promulgate
      such rules and regulations as are necessary or desirable for the safe use of
      water skis, aquaplanes, surfboards, inner tubes, and other similar devices.
      
           (c)  In addition, the board commission may promulgate rules and
      regulations to prohibit recreational activities pertaining to the use of all
      single-chambered air-inflated devices, including but not limited to, inner
      tubes and air mattresses, on rivers and streams when water conditions are
      considered dangerous to such activities and when bodily injury may result
      to participants of those activities.
      
           SECTION 62.  In Colorado Revised Statutes, 33-13-111, amend (1)
      (a) and (2) as follows:
      
           33-13-111.  Authority to close waters - rules. (1) (a)  The board
      commission shall promulgate rules to prohibit the operation of vessels on
      any waters of the state and ordering the removal of vessels from any waters
      of the state when such operation constitutes or may constitute a hazard to
      human life or safety. 
      
           (2)  Any parks and recreation officer or other peace officer as
      defined in section 33-10-102 has the authority to enforce the provisions of
      this section under the rules promulgated by the board commission.
      
           SECTION 63.  In Colorado Revised Statutes, 33-14-107, amend (1)
      introductory portion as follows:
      
           33-14-107.  Rules. (1)  The board commission shall adopt rules, and
      regulations in the manner provided by article 4 of title 24, C.R.S., for the
      following purposes:
      
           SECTION 64.  In Colorado Revised Statutes, 33-14-119, amend (2)
      as follows:
      
           33-14-119.  Enforcement - federal cooperation. (2)  The division,
      with the advice and consent of the board commission, is authorized to enter
      into cooperative agreements with federal land management agencies for the
      purpose of regulating snowmobile use on federal lands.
      
           SECTION 65.  In Colorado Revised Statutes, 33-14.5-107, amend
      (1) introductory portion as follows:
      
           33-14.5-107.  Rules. (1)  The board commission shall adopt rules
      and regulations in the manner provided by article 4 of title 24, C.R.S.,
      concerning the following:
      
           SECTION 66.  In Colorado Revised Statutes, 33-15-101, amend (1)
      as follows:
      
           33-15-101.  Powers of officers. (1)  Every peace officer, as defined
      in section 33-10-102 (17), shall have has the authority to enforce the
      provisions of this article and shall assist parks and recreation officers in the
      enforcement of articles 10 to 15 and 32 of this title and the rules of the
      board commission adopted pursuant thereto. Each such officer has the full
      power and authority to arrest any person who such officer has probable
      cause to believe is guilty of a violation of articles 10 to 15 or 32 of this title
      or any rule adopted pursuant thereto, and, in accordance with the
      constitutions and laws of the United States and the state of Colorado, to
      open, enter, and search all places of concealment including motor vehicles
      and vessels and all other places as provided by law where such officer has
      probable cause to believe evidence relating to a violation of this title is to
      be found and to seize the same.
      
           SECTION 67.  In Colorado Revised Statutes, amend 33-15-102 as
      follows:
      
           33-15-102.  Imposition of penalty - procedures. (1)  Any person
      who violates any of the provisions of articles 10 to 15 or 32 of this title or
      any rule of the board commission that does not have a specific penalty
      listed is guilty of a class 2 petty offense and, upon conviction, shall be
      punished by a fine of fifty dollars.
      
           (2)  At the time that any person is charged with violating any petty
      offense or misdemeanor provisions of articles 10 to 15 or 32 of this title or
      any rule of the board commission, the officer shall issue a summons and
      complaint to the alleged offender or, in the case of a violation for which a
      fine of a fixed amount is prescribed, may give the alleged offender an
      opportunity to voluntarily pay the fine and surcharge in the form of a
      penalty assessment. Penalty assessments shall not be issued for violations
      for which minimum and maximum fines have been established. The penalty
      assessment notice given to the alleged offender shall contain the
      information required in and be in the form of a summons and complaint and
      shall specify in dollars the amount of the penalty to be assessed for the
      alleged offense and the amount of the surcharge to be collected pursuant to
      section 24-33.5-415.6, C.R.S. If the alleged offender accepts such notice
      and pays the fine and surcharge entered thereon to the division within
      twenty days of issuance of the notice, such acceptance and payment shall
      constitute an acknowledgment of guilt by such person of the violation set
      forth in the penalty assessment notice. Any person who accepts a penalty
      assessment notice but who does not furnish satisfactory evidence of identity
      or who the officer has reasonable and probable grounds to believe will
      disregard a written promise to pay the specified fine and surcharge may be
      taken by the officer to the nearest known post-office facility and be required
      to remit the amount of the specified fine and surcharge to the division
      immediately by mail in United States currency or other legal tender or by
      money order or personal check. Refusal or inability to remit the specified
      fine and surcharge by mail when required shall constitute a refusal to accept
      a penalty assessment notice. Checks tendered by the violator to and
      accepted by the division and on which payment is received by the division
      shall be deemed sufficient receipt. If the fine and surcharge are not so paid,
      then the officer who issued the penalty assessment notice shall docket the
      summons and complaint with a court of competent jurisdiction for
      appearance by the person to answer the charges therein contained at such
      time and place as is specified in the summons and complaint.
      
           SECTION 68.  In Colorado Revised Statutes, amend 33-15-107 as
      follows:
      
           33-15-107.  Camping. It is unlawful for any person to camp on land
      or water under the control of the division unless such the area is so
      designated and posted pursuant to rule of the board commission. Any
      person who violates this section is guilty of a class 2 petty offense and,
      upon conviction, shall be punished by a fine of fifty dollars.
      
           SECTION 69.  In Colorado Revised Statutes, amend 33-15-114 as
      follows:
      
           33-15-114.  Commercial use of state property. It is unlawful to
      operate any commercial business or to solicit business on any property
      owned or managed by the division without first obtaining written
      permission from the division or the board as provided by commission
      pursuant to this title or pursuant to any applicable rules promulgated by
      the board commission. Any person who violates this section is guilty of a
      misdemeanor and, upon conviction, shall be punished by a fine of not less
      than one hundred dollars nor more than one thousand dollars, or by
      imprisonment in the county jail for not more than one year, or by both such
      fine and imprisonment.
      
           SECTION 70.  In Colorado Revised Statutes, 33-32-102, repeal
      (1.4) and (2) as follows:
      
           33-32-102.  Definitions. As used in this article, unless the context
      otherwise requires:
      
           (1.4)  "Board" means the board of parks and outdoor recreation.
      
           (2)  "Division" means the division of parks and outdoor recreation.
      
           SECTION 71.  In Colorado Revised Statutes, amend 33-32-103 as
      follows:
      
           33-32-103.  Powers and duties of the commission - rules. The
      board commission shall promulgate rules to govern the licensing of river
      outfitters, to regulate river outfitters, guides, trip leaders, and guide
      instructors, to ensure the safety of associated river-running activities, to
      establish guidelines to enable a river outfitter, guide, or trip leader to make
      a determination that the condition of the river constitutes a hazard to the life
      and safety of certain persons, and to carry out the purposes of this article.
      The board commission may promulgate rules specifically outlining the
      procedures to be followed by the board commission and by the
      enforcement section of the division in the event of a death or serious injury
      during a regulated trip. The board commission shall e-mail a notice of
      every proposed rule to each licensee. The board commission shall adopt
      rules regarding notification to outfitters of certain division personnel
      changes within ten days of the change and safety training standards and
      customer and outfitter interaction training standards for division rangers
      who monitor regulated trips.
      
           SECTION 72.  In Colorado Revised Statutes, amend 33-32-103.5
      as follows:
      
           33-32-103.5.  Variances. The director of the division may grant
      variances from regulations rules adopted by the board commission
      pursuant to section 33-32-103 to any river outfitter on a case-by-case basis
      if the director determines that the health, safety, and welfare of the general
      public will not be endangered by the issuance of such variance.
      
           SECTION 73.  In Colorado Revised Statutes, 33-32-104, amend (1)
      and (2) as follows:
      
           33-32-104.  License required - fee. (1)  No person shall act in the
      capacity of a paid river outfitter or advertise or represent himself or herself
      as a river outfitter in this state without first obtaining a river outfitter's
      license in accordance with rules prescribed by the board commission.
      
           (2)  An applicant for a river outfitter's license shall meet the
      minimum qualifications pursuant to section 33-32-105 and shall apply on
      a form prescribed by the board commission. All applicants shall pay a
      nonrefundable license fee to be in an amount determined by the board
      commission, which fee shall be adequate to cover the expenses incurred for
      inspections, licensing, and enforcement required by the provisions of this
      article, and shall renew such license pursuant to a schedule adopted by the
      board commission upon payment of the fee. License terms shall not exceed
      three years. The board commission may offer licenses that differ in the
      length of their terms and may stagger the length of license terms so that
      approximately equal numbers of licensees renew their licenses each year.
      
           SECTION 74.  In Colorado Revised Statutes, 33-32-105, amend (1)
      (b) and (1) (c) as follows:
      
           33-32-105.  Minimum qualifications and conditions for a river
      outfitter's license. (1)  A river outfitter's license may be granted to any
      river outfitter, either within or without this state, meeting the following
      minimum qualifications and conditions:
      
           (b)  The river outfitter shall submit to the board commission
      evidence of liability insurance in the minimum amount of three hundred
      thousand dollars' combined single limit for property damage and bodily
      injury.
      
           (c)  The river outfitter shall meet the safety standards for
      river-running established by the board commission by regulation.
      
           SECTION 75.  In Colorado Revised Statutes, 33-32-105.5, amend
      (1) introductory portion as follows:
      
           33-32-105.5.  Minimum qualifications of guides, trip leaders, and
      guide instructors. (1)  Individuals providing the services of guides, trip
      leaders, or guide instructors shall have the following minimum
      qualifications and such additional qualifications as the board commission
      may establish by rule:
      
           SECTION 76.  In Colorado Revised Statutes, amend 33-32-106 as
      follows:
      
           33-32-106.  Equipment required - employees required to meet
      minimum qualifications. (1)  All licensed river outfitters shall provide the
      river-outfitting equipment required by regulations rules promulgated by
      the board commission, and said equipment shall be in a serviceable
      condition for its operation as required by the regulations rules promulgated
      by the board commission.
      
           (2)  All river outfitters who employ or contract with guides, trip
      leaders, or guide instructors shall employ or contract only with such
      individuals who meet the qualifications provided in section 33-32-105.5 (1)
      and provided by those regulations rules promulgated by the board
      commission.
      
           SECTION 77.  In Colorado Revised Statutes, 33-32-109, amend (1)
      introductory portion, (1) (e), (1) (g), and (4) as follows:
      
           33-32-109.  Denial, suspension, or revocation of license -
      disciplinary actions. (1)  The board commission may deny, suspend, or
      revoke a river outfitter license, place a licensed river outfitter on probation,
      or issue a letter of admonition to a licensed river outfitter if the applicant or
      holder:
      
           (e)  Violates section 18-4-503 or 18-4-504, C.R.S., resulting in two
      or more second or third degree criminal trespass convictions within any
      three- to five-year period while acting as a river outfitter or guide; except
      that the board commission shall be governed by section 24-5-101, C.R.S.,
      when considering any such conviction;
      
           (g)  Violates any order of the division or board commission or any
      other provision of this article or any regulations established rules
      promulgated under this article.
      
           (4)  The board commission may deny an application for a river
      outfitter license or a renewal of a river outfitter's license if the applicant
      does not meet the requirements specified in section 33-32-105 or
      33-32-106.
      
           SECTION 78.  In Colorado Revised Statutes, 33-32-110, amend (1)
      as follows:
      
           33-32-110.  Advisory committee - repeal. (1)  The board
      commission shall appoint a river outfitter advisory committee, consisting
      of two river outfitters and one representative of the division. The committee
      shall review and make recommendations concerning rules promulgated
      and proposed rules promulgated pursuant to this article.
      
           SECTION 79.  In Colorado Revised Statutes, 33-33-103, amend (1)
      and (3); and repeal (2), (5), and (6) as follows:
      
           33-33-103.  Definitions. As used in this article, unless the context
      otherwise requires:
      
           (1)  "Articles" or "articles of designation" means the documents filed
      by or at the direction of the owner of a natural area or a government agency
      having ownership or control thereof with the board commission and
      accepted by the board commission in the process of the designation of a
      natural area as provided in section 33-33-108.
      
           (2)  "Board" means the board of parks and outdoor recreation.
      
           (3)  "Council" means the Colorado natural areas council created as
      an advisory council to the board of parks and outdoor recreation
      commission by section 33-33-106.
      
           (5)  "Director" means the director of the division of parks and
      outdoor recreation.
      
           (6)  "Division" means the division of parks and outdoor recreation.
      
           SECTION 80.  In Colorado Revised Statutes, 33-33-104, amend (1)
      as follows:
      
           33-33-104.  Colorado natural areas program. (1)  There is hereby
      established a statewide Colorado natural areas program to implement the
      intent and provisions of this article. The program shall be administered by
      the board commission through the division with the advice of the council.
      
           SECTION 81.  In Colorado Revised Statutes, 33-33-105, amend (1)
      introductory portion, (1) (d), (1) (f), (1) (i), (1) (j), and (2) as follows:
      
           33-33-105.  Powers and duties of the commission. (1)  The board
      commission, through the division and with the advice of the council, shall
      administer the program in accordance with the provisions of this article and
      shall have has the following additional powers and duties:
      
           (d)  To seek and approve, upon recommendation by the council, the
      designation of natural areas under the provisions of section 33-33-108 and,
      when necessary, to acquire by gift, devise, or grant the fee or other interest
      in real property or accept, under the provisions of section 33-33-108, the
      designation of real property for inclusion in the system; except that the
      board shall commission does not have the power of eminent domain for
      such purposes;
      
           (f)  To administer and enforce the provisions of this article and rules
      and regulations adopted pursuant thereto, including the provisions of the
      articles of a designated natural area; except that the board shall have
      commission has no regulatory jurisdiction under this article over lands or
      interests therein which are not part of the system;
      
           (i)  To accept and disburse moneys and grants made available to the
      board commission under the provisions of any federal law for the purposes
      of this article; and
      
           (j)  To notify, ninety days prior to the final designation action, the
      board of county commissioners in the county in which any designation is
      being considered. At the request of the board of county commissioners, the
      board commission shall hold a public hearing in said county for the
      purpose of evaluating any local concerns regarding the proposed
      designation.
      
           (2)  It shall is not be a permitted function of the board commission
      under this article to make or pursue direct or indirect objection or
      opposition before any governing body to any application for development
      of private lands.
      
           SECTION 82.  In Colorado Revised Statutes, 33-33-106, amend (1)
      and (2) as follows:
      
           33-33-106.  Colorado natural areas council. (1)  There is hereby
      created the Colorado natural areas council as an advisory council to the
      board commission. The council shall advise the board commission on the
      administration of the program and shall approve the registry and
      recommend the designation of natural areas by the board commission.
      
           (2)  The council consists of the following seven members:
      
           (a)  One member each from the membership of the board
      commission and the state board of land commissioners, appointed by their
      respective boards or commissions commission or board, who shall serve
      for three-year terms; and
      
           (b)  Five members appointed by the governor, who shall be are
      individuals with a substantial interest in the preservation of natural areas
      and who shall serve for four-year terms.
      
           SECTION 83.  In Colorado Revised Statutes, 33-33-107, amend (1)
      introductory portion, (1) (c), (1) (d), (1) (h), and (1) (i) as follows:
      
           33-33-107.  Responsibilities of the council. (1)  The council shall
      have has the following responsibilities:
      
           (c)  To review and make recommendations on the board's
      commission's criteria for and selection of natural areas to be included in the
      registry and the system; except that no area shall be included in the registry
      without permission of the owner of the land;
      
           (d)  To advise the board commission of the promulgation of rules for
      the registry and for the designation, management, protection, and use of
      designated natural areas;
      
           (h)  To advise the board commission on the disbursement of funds
      for the purposes of this article; and
      
           (i)  To review and make recommendations on board commission
      reports made to the governor on the status of the program.
      
           SECTION 84.  In Colorado Revised Statutes, 33-33-108, amend
      (1), (2) introductory portion, (2) (c), (3), and (4) as follows:
      
           33-33-108.  Designation of a natural area. (1)  A natural area
      which that has been found by the board commission, pursuant to its
      criteria, to be desirable for inclusion within the system and which inclusion
      has been approved by the owner of the land, shall become becomes a
      designated natural area when articles of designation have been filed with
      the board commission by the owner of the land or by a governmental
      agency having ownership or control of the land and such articles have been
      accepted by the board commission with the advice and recommendation of
      the council.
      
           (2)  Articles of designation filed with the board commission under
      the provisions of subsection (1) of this section shall:
      
           (c)  Define the respective rights and duties of the owner and the
      board commission;
      
           (3)  The board commission may, with the approval or upon the
      request of the owner of an interest therein and with the approval of the
      council, amend the articles of a designated natural area.
      
           (4)  A notice of the designation shall be certified by the board
      commission to the county clerk and recorder in the county or counties in
      which the designated natural area is located for filing in the same manner
      as any document affecting real property.
      
           SECTION 85.  In Colorado Revised Statutes, amend 33-33-110 as
      follows:
      
           33-33-110.  Public entities urged to encourage designation of
      natural areas. State agencies, counties, municipalities, institutions of
      higher education, and all other entities and institutions of the state and its
      political subdivisions are empowered and urged to recommend to the board
      commission natural areas within their jurisdictions for inclusion in the
      system.
      
           SECTION 86.  In Colorado Revised Statutes, amend 33-33-111 as
      follows:
      
           33-33-111.  Periodic evaluation to be made by commission. The
      board commission shall make an evaluation of each designated natural area
      every three years, or more often as it deems necessary, to determine whether
      it is being administered in accordance with the conditions and provisions of
      the articles of designation. If such conditions and provisions are not
      continuing to be being met, the board commission may remove the area
      from the system.
      
           SECTION 87.  In Colorado Revised Statutes, 34-32-115, amend (4)
      (f) (IV) as follows:
      
           34-32-115.  Action by board - appeals. (4)  The board or the office
      shall grant a permit to an operator if the application complies with the
      requirements of this article. The board or the office shall not deny a permit
      if the operator demonstrates compliance with the following:
      
           (f)  The mining operation is not located upon lands:
      
           (IV)  Which That are within the boundaries of any unit of the state
      park system or any state recreational area in which the entire fee estate is
      owned by the state of Colorado, unless the mining operation is approved
      jointly by the board, by the governor, and by the board of parks and outdoor
      recreation wildlife commission, or unless the operation will not create any
      surface disturbance therein.
      
           SECTION 88.  In Colorado Revised Statutes, 34-32.5-115, amend
      (4) (f) (IV) as follows:
      
           34-32.5-115.  Action by board - appeals. (4)  In the determination
      of whether the board or the office shall grant a permit to an operator, the
      applicant must comply with the requirements of this article and section
      24-4-105 (7), C.R.S. The board or office shall not deny a permit except on
      one or more of the following grounds:
      
           (f)  The mining operation is located upon lands:
      
           (IV)  Which are within the boundaries of any unit of the state park
      system or any state recreational area in which the entire fee estate is owned
      by the state of Colorado, unless the mining operation is approved jointly by
      the board, by the governor, and by the board of parks and outdoor recreation
      wildlife commission or unless the operation will not create any surface
      disturbance therein.
      
           SECTION 89.  In Colorado Revised Statutes, 34-60-103, amend
      (7.1); and repeal (14) as follows:
      
           34-60-103.  Definitions. As used in this article, unless the context
      otherwise requires:
      
           (7.1)  "Parks and wildlife board commission" or "board" means the
      parks and wildlife board commission created in section 33-9-101, C.R.S.
      
           (14)  "Wildlife commission" means the board.
      
           SECTION 90.  In Colorado Revised Statutes, 34-60-104, amend (2)
      (b) as follows:
      
           34-60-104.  Oil and gas conservation commission - report -
      publication. (2) (b)  Members of the commission shall be appointed for
      terms of four years each. The governor may at any time remove any member
      of the commission, and by appointment the governor shall fill any vacancy
      on the commission. In case one or more vacancies occur on the same day,
      the governor shall designate the order of filling vacancies. The members of
      the commission shall receive a per diem allowance of fifty dollars for each
      day spent in attendance at board commission meetings or hearings and shall
      be reimbursed for their actual expenses.
      
           SECTION 91.  In Colorado Revised Statutes, 34-60-128, amend (3)
      (a) and (3) (d) introductory portion as follows:
      
           34-60-128.  Habitat stewardship - rules. (3)  In order to minimize
      adverse impacts to wildlife resources, the commission shall:
      
           (a)  Establish a timely and efficient procedure for consultation with
      the parks and wildlife commission and division of parks and wildlife on
      decision-making that impacts wildlife resources;
      
           (d)  Promulgate rules, by July 16, 2008, in consultation with the
      parks and wildlife commission, to establish standards for minimizing
      adverse impacts to wildlife resources affected by oil and gas operations and
      to ensure the proper reclamation of wildlife habitat during and following
      such operations. At a minimum, the rules shall address:
      
           SECTION 92.  In Colorado Revised Statutes, 35-1-106, amend (2)
      as follows:
      
           35-1-106.  Powers and duties of commission. (2)  The parks and
      wildlife commission shall review the rules concerning alternative livestock
      proposed by the commission pursuant to paragraph (o) of subsection (1) of
      this section and shall make recommendations to the commission concerning
      such rules. The commission shall not adopt or implement rules concerning
      alternative livestock that impact native big game wildlife without the prior
      approval of the parks and wildlife commission. In addition, the parks and
      wildlife commission may propose rules to the commission designed to
      protect native big game wildlife.
      
           SECTION 93.  In Colorado Revised Statutes, 35-7-203, amend (1)
      introductory portion as follows:
      
           35-7-203.  Release of destructive rodent pests - definitions.
      (1)  No person shall release destructive rodent pests into a county unless
      such the person has complied complies with all requirements for such
      release imposed by the parks and wildlife commission and obtained
      obtains both the prior approval of the commission and the prior approval,
      by resolution duly adopted, of the board of county commissioners of such
      county. A person need not obtain such prior approval before:
      
           SECTION 94.  In Colorado Revised Statutes, 35-24.5-105, amend
      (1) as follows:
      
           35-24.5-105.  Duties of the board. (1)  The board shall consider,
      initiate, and recommend rules, and regulations, not inconsistent with law,
      to the commissioner concerning the regulation of the aquaculture industry
      and its markets, except for rules and regulations which that regulate,
      control, or otherwise relate to fish health, to the spread of aquatic disease,
      or to the importation into the state or the distribution and management of
      any exotic aquatic species, all of which subjects shall be are within the
      jurisdiction of the parks and wildlife commission.
      
           SECTION 95.  In Colorado Revised Statutes, 35-24.5-106, amend
      (2) as follows:
      
           35-24.5-106.  Rules. (2)  Nothing in this section shall be construed
      to diminish or supersede diminishes or supersedes the authority of the
      division or the parks and wildlife commission to regulate or manage wild
      populations of aquatic organisms in the waters of the state or in facilities
      controlled or managed by the division or by the United States fish and
      wildlife service.
      
           SECTION 96.  In Colorado Revised Statutes, 35-24.5-107, amend
      (2) as follows:
      
           35-24.5-107.  Powers and duties of the commissioner. (2)  Nothing
      in this section shall be construed to diminish or supersede diminishes or
      supersedes the authority of the division or the parks and wildlife
      commission to regulate or manage wild populations of aquatic organisms
      in the waters of the state or in facilities controlled or managed by the
      division or by the United States fish and wildlife service.
      
           SECTION 97.  In Colorado Revised Statutes, 35-40-100.2, amend
      (1), (1.5) introductory portion, and (1.5) (c) as follows:
      
           35-40-100.2.  Definitions. As used in this part 1, unless the context
      otherwise requires:
      
           (1)  "Animal" means coyotes, foxes, bobcats, bears, mountain lions,
      wolves, beavers, muskrats, raccoons, opossums, and striped skunks and any
      animals identified by rule promulgated by the commissioner and approved
      by the parks and wildlife commission.
      
           (1.5)  "At risk" means any depredating animal species that has been
      designated by the parks and wildlife commission as endangered,
      threatened, or at risk after:
      
           (c)  Presentation of scientifically valid data, analysis, or commentary
      by objective professionals, mutually identified by the state agricultural
      commission and the parks and wildlife commission relating to depredating
      animals.
      
           SECTION 98.  In Colorado Revised Statutes, 35-40-101, amend (2)
      introductory portion, (2) (a), (4) introductory portion, (4) (a), (7), and (8) as
      follows:
      
           35-40-101.  Powers and duties of the commissioner - rules -
      agreements. (2)  The commissioner may take such steps as are necessary
      to carry out the provisions of this part 1, including:
      
           (a)  Adopting rules for the control of depredating animals, in
      consultation with the parks and wildlife commission;
      
           (4)  With respect to controlling depredating animals of an at-risk
      species, the following shall apply applies:
      
           (a)  The parks and wildlife commission must approve any rules
      concerning the taking of depredating animals of an at-risk species prior to
      the adoption of such rules by the commissioner.
      
           (7)  The commissioner is authorized to enter into agreements with
      the division of wildlife in the department of natural resources for assistance
      in carrying out the provisions of this part 1, which assistance may include
      resources, including financial assistance, at the discretion of the parks and
      wildlife commission.
      
           (8)  The commissioner shall contact and provide information to the
      parks and wildlife commission as said commission sets population levels
      and hunting permit numbers for predators in areas where there is
      depredation to agriculture.
      
           SECTION 99.  In Colorado Revised Statutes, 35-41.5-105, amend
      (2) introductory portion, (2) (b), and (8) as follows:
      
           35-41.5-105.  Powers and duties of the board. (2)  The board shall
      adopt any necessary and reasonable rules for the administration and
      enforcement of this article, including but not limited to, rules governing:
      
           (b)  Inspections of alternative livestock for purposes of licensing or
      renewing a license, changes of ownership of alternative livestock, and
      movement of alternative livestock, including requiring proof that alternative
      livestock meet the requirements of a tuberculosis surveillance plan adopted
      pursuant to section 35-1-106 (1) (o) and that such alternative livestock meet
      requirements concerning the control of infectious diseases as required by
      the commission, and requirements concerning genetic purity as required by
      the parks and wildlife commission;
      
           (8)  The parks and wildlife commission may review rules
      concerning alternative livestock proposed by the board and may make
      recommendations to the board concerning such rules.
      
           SECTION 100.  In Colorado Revised Statutes, 35-41.5-109, amend
      (2) (a) as follows:
      
           35-41.5-109.  Unlawful acts. (2)  It is unlawful and a violation of
      this article for any alternative livestock farm to:
      
           (a)  Import or possess for the purpose of selling, trading, giving, or
      otherwise transferring any alternative livestock without having said
      alternative livestock inspected in accordance with this article; except that
      this paragraph (a) shall not apply to alternative livestock sold, traded, given,
      or transferred by an operating zoological park as defined by the parks and
      wildlife commission or research institution using such animals for scientific
      research, if the park or institution otherwise complies with this article and
      all rules promulgated pursuant thereto;
      
           SECTION 101.  In Colorado Revised Statutes, amend 35-44-114
      as follows:
      
           35-44-114.  Disputed ownership - animal deemed not alternative
      livestock. In any instance where the board determines that an animal is not
      an alternative livestock, any dispute as to ownership shall be decided by the
      state parks and wildlife commission created in section 33-9-101, C.R.S.
      
           SECTION 102.  In Colorado Revised Statutes, amend 35-50-122
      as follows:
      
           35-50-122.  Savings clause. Nothing in this article shall be construed
      to diminish or supercede diminishes or supersedes the concurrent
      jurisdiction or the authorities of the parks and wildlife commission or the
      agriculture commission to regulate captive wildlife and alternative
      livestock.
      
           SECTION 103.  In Colorado Revised Statutes, 37-60-122.2, amend
      (1) (b) as follows:
      
           37-60-122.2.  Fish and wildlife resources - legislative declaration
      - fund - authorization. (1) (b)  Except as provided in this paragraph (b), the
      applicant for any water diversion, delivery, or storage facility which
      requires an application for a permit, license, or other approval from the
      United States shall inform the Colorado water conservation board, parks
      and wildlife commission, and division of parks and wildlife of its
      application and submit a mitigation proposal pursuant to this section.
      Exempted from such requirement are the Animas-La Plata project, the Two
      Forks dam and reservoir project, and the Homestake water project for which
      definite plan reports and final environmental impact statements have been
      approved or which are awaiting approval of the same, applicants for site
      specific dredge and fill permits for operations not requiring construction of
      a reservoir, and applicants for section 404 federal nationwide permits. If an
      applicant that is subject to the provisions of this section and the commission
      agree upon a mitigation plan for the facility, the commission shall forward
      such agreement to the Colorado water conservation board, and the board
      shall adopt such agreement at its next meeting as the official state position
      on the mitigation actions required of the applicant. In all cases the
      commission shall proceed expeditiously and, no later than sixty days from
      the applicant's notice, unless extended in writing by the applicant, make its
      evaluation regarding the probable impact of the proposed facility on fish
      and wildlife resources and their habitat and to make its recommendation
      regarding such reasonable mitigation actions as may be needed.
      
           SECTION 104.  In Colorado Revised Statutes, 37-60-123.7, amend
      (1.5) as follows:
      
           37-60-123.7.  Acquisitions of water for instream flows. (1.5)  In
      any year that the board expends all of the moneys available for the costs of
      acquiring water, water rights, and interests in water for instream flow use
      from the moneys that have been appropriated for the current fiscal year
      from the Colorado water conservation board construction fund pursuant to
      this section, the board shall apply to the parks and wildlife commission for
      all or any portion of the five hundred thousand dollars from habitat stamp
      moneys made available pursuant to section 33-4-102.7 (4) (a) (II), C.R.S.
      Any habitat stamp moneys received shall be used to acquire water, water
      rights, or interests in water pursuant to section 37-92-102 (3), subject to the
      limitations set forth in this section.
      
           SECTION 105.  In Colorado Revised Statutes, 43-1-106, amend (8)
      (l) and (8) (m) as follows:
      
           43-1-106.  Transportation commission - powers and duties. (8)  In
      addition to all other powers and duties imposed upon it by law, the
      commission has the following powers and duties:
      
           (l)  To do all things necessary and appropriate in the construction,
      improvement, and maintenance of the public roads serving the state parks
      and recreation areas and, to this end, to cooperate with the board of parks
      and outdoor recreation parks and wildlife commission and the director
      of the division of parks and outdoor recreation wildlife;
      
           (m)  To do all things necessary and appropriate in the construction,
      maintenance, and improvement of recreational trails along and across new
      or existing state or interstate highways and, to this end, to cooperate with
      the board of parks and outdoor recreation parks and wildlife commission
      and the director of the division of parks and outdoor recreation wildlife;
      
           SECTION 106.  Appropriation - adjustments in 2012 long bill.
      For the implementation of this act, the appropriation made in the annual
      general appropriation act to the department of natural resources for the
      fiscal year beginning July 1, 2012, is decreased by $18,055 cash funds. Of
      this amount, $11,607 shall be from the wildlife cash fund pursuant to
      section 33-1-112 (1) (a), Colorado Revised Statutes, and $6,448 shall be
      from the parks and outdoor recreation cash fund pursuant to section
      33-10-111 (1), Colorado Revised Statutes.
      
           SECTION 107.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO