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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0243.01 JLB HOUSE BILL 98­1291

STATE OF COLORADO

BY REPRESENTATIVE Entz;

also SENATOR Bishop.

AGR., LIVESTOCK & NATURAL RESOURCES

A BILL FOR AN ACT

CONCERNING LICENSES ISSUED BY THE DIVISION OF WILDLIFE.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Authorizes the wildlife commission to adjust hunting and fishing license fees to manage field participation and maintain support for division of wildlife programs. Requires the commission to consider the budgetary impacts of any such adjustments. Raises resident and nonresident license fees for hunting deer and elk.

Revises the landowner preference for the hunting license program by:

Authorizes the commission to issue auction and raffle licenses for male deer, to allocate licenses to youth and disabled hunters, and to establish a reduced price hunting license for disabled hunters.

Establishes a conservation certificate.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  33­4­102 (1.4) (o) and (1.4) (p), Colorado Revised Statutes, are amended, and the said 33­4­102 (1.4) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

33­4­102.  Types of licenses and fees ­ repeal. (1.4)  Effective January 1, 1991, the division is authorized to issue the following resident and nonresident licenses and shall collect the following fees therefor, except as otherwise provided pursuant to subsection (1.6) of this section:

Fees

Resident Nonresident

(o)  Deer 20.00 30.00 150.00 250.00

(p)  Elk 30.00 45.00 250.00 450.00

(y)  CONSERVATION CERTIFICATE ____ ______

SECTION 2.  The introductory portion to 33­4­102 (1.6), Colorado Revised Statutes, is amended, and the said 33­4­102 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

33­4­102.  Types of licenses and fees ­ repeal. (1.6)  By promulgation of appropriate rule and regulation, The commission may from time to time authorize BY RULE the issuance of any of the licenses provided for in this section for a fee THAT IS MORE OR less than that specified in this section when in the judgment of the commission one of the following conditions applies:

(1.9)  THE COMMISSION HAS THE AUTHORITY TO ADJUST LICENSE FEES FOR THE PURPOSES OF MANAGING PARTICIPATION IN THE FIELD AND MAINTAINING ADEQUATE SUPPORT OF DIVISION PROGRAMS. THE COMMISSION SHALL CONSIDER THE BUDGETARY IMPACTS OF SUCH ADJUSTMENTS.

SECTION 3.  33­4­103 (1) (a), (1) (d), and (2), Colorado Revised Statutes, are amended, and the said 33­4­103 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

33­4­103.  Landowner preference for hunting license. (1)  Any landowner in Colorado is entitled to landowner preference for licenses permitting the hunting of deer, elk, or antelope when the following qualifications are met:

(a)  The applicant for a preference is an owner as shown by a recorded deed of a parcel of agricultural land of one hundred sixty acres or more. In the event that the owner is a legal entity or such ownership is in two or more individual names, only two individuals, as designated by such legal entity or multiple ownership, shall be eligible for the preference.

(d)  The applicant for a license preference submits no more than one such application per species per calendar year.

(2)  Landowner license preference may be transferred to any person who is eligible for a big game license. Up to AT LEAST fifteen percent AND NOT MORE THAN FIFTY PERCENT of the number of licenses established for each management area where firearm hunting licenses are totally limited shall be made available for purchase by landowners who meet the qualifications of this section. Licenses not applied for by landowners within the time specified therefor shall be made available to the general public. Landowners receiving licenses pursuant to this section shall allow hunting on their land to properly licensed hunters, subject to the limitation of a reasonable number of such hunters.

(3)  THE COMMISSION SHALL ISSUE RULES FOR THE LANDOWNER HUNTING LICENSE PREFERENCE PROGRAM THAT INCLUDE:

(a)  PROCEDURES FOR ALLOCATING LICENSES AMONG ELIGIBLE APPLICANTS;

(b)  THE NUMBER AND PERCENTAGE OF LICENSES TO BE ISSUED IN DIFFERENT GEOGRAPHICAL AREAS;

(c)  A STATEMENT CONCERNING WHERE LICENSES SHALL BE VALID;

(d)  ADDITIONAL PROVISIONS FOR IMPLEMENTING THE PROGRAM.

SECTION 4.  33­4­116 (1) and (2), Colorado Revised Statutes, are amended to read:

33­4­116.  Auction or raffle of deer, rocky mountain big horn sheep, and rocky mountain goat licenses ­ use of proceeds. (1) (a)  The division is authorized to issue up to TWO MALE DEER LICENSES, UP TO two male rocky mountain big horn sheep licenses, UP TO two male or female rocky mountain goat licenses, and UP TO two male shiras moose licenses each year through a competitive auction or raffle. The commission shall promulgate rules pertaining to the license and the conduct of the auction or raffle.

(b) (I)  A nonprofit organization involved in the conservation of rocky mountain big horn sheep THE SPECIES FOR WHICH THE LICENSE WAS ISSUED may be authorized by the commission to conduct the license auction or raffle.

(II)  A nonprofit organization involved in the conservation of rocky mountain goats may be authorized by the commission to conduct the license auction or raffle for the rocky mountain goats.

(III)  A nonprofit organization involved in the conservation of shiras moose may be authorized by the commission to conduct the license auction or raffle for the shiras moose.

(c)  If the auction or raffle is conducted by such NONPROFIT organization, the organization may retain proceeds of the sale, not to exceed ten percent of such proceeds, to cover expenses. Such auction or raffle shall be conducted pursuant to the provisions of Colorado law.

(2) (a) (I)  All proceeds remaining from the auction or raffle of rocky mountain big horn sheep licenses AS PROVIDED IN PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION, whether conducted by the commission or as OR otherwise authorized by the commission, shall be used only for the benefit of rocky mountain big horn sheep research, habitat development, or for education projects THAT BENEFIT THE SPECIES FOR WHICH THE LICENSE WAS ISSUED.

(II)  All proceeds remaining from the auction or raffle of rocky mountain goat licenses, whether conducted by the commission or as otherwise authorized by the commission, shall be used only for the benefit of rocky mountain goat research, habitat development, or for education projects.

(III)  All proceeds remaining from the auction or raffle of shiras moose licenses, whether conducted by the commission or as otherwise authorized by the commission, shall be used only for the benefit of shiras moose research, habitat development, or for educational projects.

(b)  The proceeds from the auctions or raffles shall be used for special projects and shall be in addition to any other funds used for the management of DEER, rocky mountain big horn sheep, rocky mountain goats, or moose.

SECTION 5.  33­4­117, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

33­4­117.  Youth licenses ­ special restrictions and privileges. (4.5)  THE COMMISSION IS AUTHORIZED TO ESTABLISH A SPECIAL LICENSING PROGRAM FOR HUNTERS ELIGIBLE UNDER THIS SECTION FOR A YOUTH LICENSE.

SECTION 6.  Part 1 of article 4 of title 33, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

33­4­119.  Mobility­impaired hunters. THE COMMISSION IS AUTHORIZED TO ESTABLISH A SPECIAL LICENSING PROGRAM FOR MOBILITY­IMPAIRED HUNTERS AND SHALL ADOPT APPROPRIATE RULES DEFINING "MOBILITY­IMPAIRED". ALL SUCH HUNTERS MAY OBTAIN THE APPROPRIATE HUNTING LICENSE FOR FIFTY PERCENT LESS THAN THE REGULARLY APPLICABLE PRICE, BUT SUCH REDUCED PRICE LICENSES SHALL ONLY BE AVAILABLE AT DIVISION OFFICES.

SECTION 7.  Effective date. This act shall take effect July 1, 1998; except that section 1 of this act shall take effect January 1, 1999.

SECTION 8.  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.