Second Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 06-0420.01 Thomas Morris HOUSE BILL 06-1311 HOUSE SPONSORSHIP Curry, and Hoppe SENATE SPONSORSHIP Isgar, House Committees Senate Committees Agriculture, Livestock, & Natural Resources A BILL FOR AN ACT Concerning the species conservation trust fund, and, in connection therewith, approving the species conservation eligibility list and recapitalizing the species conservation trust fund. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Appropriates money from the species conservation trust fund ("trust fund") for programs submitted by the executive director of the department of natural resources that are designed to conserve native species that have been listed as threatened or endangered under state or federal law, or are candidate species or are likely to become candidate species as determined by the United States fish and wildlife service. Transfers $6,882,000 from the operational account of the severance tax trust fund to the capital account of the trust fund and $5,000,000 from the operational account of the severance tax trust fund to the operations and maintenance account of the trust fund. Transfers $1,000,000 from the general fund to the operations and maintenance account of the trust fund. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) Pursuant to: (a) Section 24-33-111 (2), Colorado Revised Statutes, the species conservation trust fund has been created in the state treasury to fund programs designed to conserve native species that have been listed as threatened or endangered under state or federal law, or are candidate species or are likely to become candidate species as determined by the United States fish and wildlife service; (b) Section 24-33-111 (3), Colorado Revised Statutes, the executive director of the department of natural resources, after consulting with the Colorado water conservation board and its director, the wildlife commission, and the director of the division of wildlife, has prepared and delivered to the general assembly a species conservation eligibility list describing programs and associated costs that are eligible to receive funding from the species conservation trust fund; and (c) Section 24-33-111 (3), Colorado Revised Statutes, prior to obligating funds from the species conservation trust fund, the species conservation eligibility list is subject to modification and adoption through the passage of a bill. SECTION 2. Eligibility list - approval. (1) The general assembly deems the recommended expenditures described in the species conservation eligibility list to be in the interest of the people of the state. The moneys specified in this subsection (1) shall be available in fiscal year 2005-06 and shall remain available for the designated purposes until they are fully expended: (a) The executive director of the department of natural resources is authorized to obligate and expend two million two hundred fifty thousand dollars ($2,250,000) from the operation and maintenance account of the species conservation trust fund for the following activities, programs, and species in the following amounts: PROGRAM / SPECIES AMOUNT (I) Platte River Recovery Program $1,850,000 (II) (A) Sagebrush-associated species; (B) Shortgrass prairie-dependent species; and (C) South Platte and Arkansas River aquatic species$400,000 Total operation and maintenance account appropriation: $ 2,250,000 (b) Twenty-six dollars and 71 cents ($26.71) shall revert to the operation and maintenance account of the species conservation trust fund from the following activities, programs, and species: PROGRAM / SPECIES AMOUNT (I) COFRS code designation "PG4" Prairie grasslands, 2004 $22.71 (II) COFRS code designation "SW4" Southwestern flycatcher, 2004 $ 4.00 Total operation and maintenance account reversion:$26.71 (c) The executive director of the department of natural resources is authorized to obligate and expend five million thirty-two thousand eight hundred thirteen dollars ($5,032,813) from the capital account of the species conservation trust fund for the following activities, programs, and species in the following amounts: PROGRAM / SPECIES AMOUNT (I) Upper Colorado Endangered Fish $ 1,336,813 Recovery Program (II) San Juan Endangered Fish Recovery $ 546,000 Implementation Program (III) Platte River Recovery Program $ 3,150,000 Total capital account allocation: $ 5,032,813 SECTION 3. 39-29-109 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 39-29-109. Severance tax trust fund - created - administration - use of moneys - repeal. (1) (k) (I) Notwithstanding any other provision of this section, by twenty days after the effective date of this paragraph (k), the state treasurer shall deduct from the operational account of the severance tax trust fund created in subparagraph (II) of this paragraph (k): (A) Six million eight hundred eighty-two thousand dollars and transfer such sum to the capital account of the species conservation trust fund created in section 24-33-111 (2) (a), C.R.S. (B) Five million dollars and transfer such sum to the operations and maintenance account of the species conservation trust fund created in section 24-33-111 (2) (a), C.R.S. (II) This paragraph (k) is repealed, effective on the July 1 next following the transfer made pursuant to this paragraph (k). The state treasurer shall promptly notify the revisor of statutes in writing when the transfer pursuant to this paragraph (k) has been made. SECTION 4. 24-33-111 (2) (b), (2) (c), (2) (d), and (2) (e), Colorado Revised Statutes, are amended, and the said 24-33-111 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read: 24-33-111. Conservation of native species - fund created - repeal. (2) Species conservation trust fund - creation. (b) (I) Notwithstanding any provision of this section to the contrary, on March 27, 2002, the state treasurer shall deduct two million five hundred thousand dollars from the capital account of the species conservation trust fund and transfer such sum to the general fund. (II) This paragraph (b) is repealed, effective July 1, 2007. (c) (I) In order to restore the amount transferred from the capital account of the species conservation trust fund pursuant to paragraph (b) of this subsection (2): (I) (A) On June 30, 2002, the state treasurer shall transfer an amount of reversions to the general fund for the 2001-02 fiscal year to the capital account of the species conservation trust fund equal to the amount of such reversions or the amount transferred from the capital account of the species conservation trust fund pursuant to paragraph (b) of this subsection (2), whichever is less. (II) (B) To the extent the amount transferred from the capital account of the species conservation trust fund pursuant to paragraph (b) of this subsection (2) is not fully restored pursuant to subparagraph (I) of this paragraph (c), moneys from the general fund shall be transferred to the capital account of the species conservation trust fund pursuant to section 24-75-217, C.R.S., to restore such remaining amount. (II) This paragraph (c) is repealed, effective July 1, 2007. (d) (I) Notwithstanding any provision of this section to the contrary and in addition to any other amounts transferred pursuant to this subsection (2), on May 28, 2002, the state treasurer shall deduct three million dollars from the capital account of the species conservation trust fund and transfer such sum to the general fund. (II) This paragraph (d) is repealed, effective July 1, 2007. (e) (I) Notwithstanding any provision of this section to the contrary, on March 5, 2003, the state treasurer shall deduct one million dollars from the capital account of the species conservation trust fund and shall transfer such sum to the general fund. (II) This paragraph (e) is repealed, effective July 1, 2007. (f) (I) Notwithstanding any other provision of this section, by twenty days after the effective date of this paragraph (f), the state treasurer shall deduct one million dollars from the general fund and transfer such sum to the operations and maintenance account of the species conservation trust fund. (II) This paragraph (f) is repealed, effective on the July 1 next following the transfer made pursuant to this paragraph (f). The state treasurer shall promptly notify the revisor of statutes in writing when the transfer pursuant to this paragraph (f) has been made. SECTION 5. 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.