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Second Regular Session
Sixty-first General Assembly
LLS NO. 980856.01D JLB
HOUSE BILL 981397
STATE OF COLORADO
BY REPRESENTATIVE Entz
AGR., LIVESTOCK & NATURAL RESOURCES
A BILL FOR AN ACT
CONCERNING THE LANDOWNER LICENSE PREFERENCE PROGRAM,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Revises the landowner hunting license preference program in the following ways:
Requires the wildlife commission to reevaluate the landowner preference program within 12 months after the date all deer or elk licenses are limited and issued only by drawing.
Authorizes the commission to receive staff assistance from the division of wildlife to implement the changes in the landowner license program.
Makes an appropriation.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 334103 (1) (a), (1) (c), (1) (d), (1) (e), and (2), Colorado Revised Statutes, are amended, and the said 334103 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, 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.
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.
for a license preference, including authority to transfer the
license preference if applicable, is made concurrent with the
submittal of an application for the desired license on forms provided
by the division.
for a license preference submits no more than one such application
per species per calendar year.
(e) All licenses permitting firearm hunting
of the species for which a license preference is requested are
TO A SPECIFIC number by commission regulation AND ISSUED BY DRAWING
in the area where the land is located.
license preference may be transferred to any person who is eligible
for a big game license. LANDOWNER
PREFERENCES SHALL BE PROVIDED IN TERMS OF THE NUMBER OF APPLICATIONS
PER SPECIES PER CALENDAR YEAR EACH LANDOWNER IS PERMITTED TO SUBMIT.
EACH LANDOWNER'S PREFERENCE SHALL BE BASED ON CONTRIBUTIONS SUCH
LANDOWNER HAS MADE IN SUPPORT OF WILDLIFE. ANY LANDOWNER PREFERENCES
OBTAINED BY A LANDOWNER THROUGH A LANDOWNER PREFERENCE DRAWING
SHALL BE ISSUED TO SUCH LANDOWNER IN THE FORM OF A VOUCHER THAT
IS REDEEMABLE AT ANY LOCAL LICENSING AGENT. SUCH LANDOWNER MAY
TRANSFER ANY SUCH VOUCHER TO ANY PERSON HE OR SHE SELECTS, IF
SUCH PERSON IS ELIGIBLE FOR A LICENSE. SUCH A VOUCHER MAY ONLY
BE TRANSFERRED BY THE LANDOWNER AND SHALL NOT BE TRANSFERRED BY
THE TRANSFEREE. 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 PERCENTAGE OF DEER, ELK, AND ANTELOPE LICENSES TO BE ALLOCATED TO THE LANDOWNER PREFERENCE PROGRAM SHALL BE DETERMINED AS FOLLOWS:
(a) WITH RESPECT TO OWNERS OF PROPERTY SITUATED EAST OF INTERSTATE 25, THE PERCENTAGE OF SUCH LICENSES ALLOCATED TO THE PREFERENCE PROGRAM SHALL BE EQUAL TO THE PERCENTAGE OF LAND IN THE MANAGEMENT UNIT THAT IS PRIVATELY HELD, BUT NOT LESS THAN FIFTEEN PERCENT NOR MORE THAN FIFTY PERCENT OF SUCH LICENSES SHALL BE SO ALLOCATED. SUCH LICENSES SHALL BE VALID ON PRIVATE LAND ONLY.
(b) WITH RESPECT TO OWNERS OF PROPERTY SITUATED WEST OF INTERSTATE 25:
(I) THE PERCENTAGE OF SUCH LICENSES ALLOCATED TO THE PREFERENCE PROGRAM SHALL BE EQUAL TO THE PROPORTION OF SUPPORT CONTRIBUTED TO WILDLIFE IN THE MANAGEMENT UNIT IN ANY YEAR BY LANDOWNERS ENROLLED IN THE LANDOWNER PREFERENCE PROGRAM. THE COMMISSION SHALL DETERMINE THE AMOUNT OF SUPPORT CONTRIBUTED BY A LANDOWNER.
(II) NOT LESS THAN FIFTEEN PERCENT NOR MORE THAN FIFTY PERCENT OF DEER, ELK, AND ANTELOPE LICENSES SHALL BE ALLOCATED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (b).
(III) IF MORE THAN FIFTEEN PERCENT OF DEER, ELK, OR ANTELOPE LICENSES IN ANY MANAGEMENT UNIT ARE ISSUED THROUGH THE LANDOWNER PREFERENCE PROGRAM, THE COMMISSION SHALL DETERMINE WHERE SUCH LICENSES ARE VALID. SUCH LICENSES SHALL BE VALID ONLY ON PRIVATE LAND UNLESS THE COMMISSION DETERMINES THAT PRIVATE PROPERTY OWNERSHIP IN SUCH UNIT IS INTERSPERSED IN SUCH A MANNER THAT LICENSES SHOULD NOT BE RESTRICTED SOLELY TO PRIVATE LAND. NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH (b) TO THE CONTRARY, THE FIRST FIFTEEN PERCENT OF SUCH LICENSES SHALL BE VALID ON ANY PUBLIC OR PRIVATE LAND IN THE MANAGEMENT UNIT THAT IS OPEN TO HUNTING.
(4) ON OR BEFORE DECEMBER 1, 1998, THE COMMISSION SHALL ISSUE RULES FOR THE ADMINISTRATION OF THIS SECTION. SUCH RULES SHALL INCLUDE AN ADMINISTRATIVE PROCESS FOR THE RECONSIDERATION OF COMMISSION DECISIONS CONCERNING LANDOWNER PREFERENCES, INCLUDING CONTRIBUTION LEVELS, AND SHALL REQUIRE THAT AN APPELLANT'S RECOMMENDATIONS, AND ANY RECOMMENDATIONS OF THE REPRESENTATIVES OF AN APPELLANT'S LOCAL COMMUNITY, BE CONSIDERED IN THE COURSE OF ANY SUCH RECONSIDERATION.
(5) IF ALL DEER OR ALL ELK LICENSES IN THIS STATE ARE LIMITED AND ISSUED BY DRAWING ONLY, THE COMMISSION SHALL REEVALUATE THE LANDOWNER PREFERENCE PROGRAM WITHIN TWELVE MONTHS AFTER SUCH ACTION LIMITING SUCH LICENSES AND MAY RECOMMEND APPROPRIATE CHANGES TO THE GENERAL ASSEMBLY.
(6) THE COMMISSION SHALL RECEIVE SUCH STAFF ASSISTANCE FROM THE DIVISION AS IS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
SECTION 2. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the wildlife cash fund not otherwise appropriated, to the department of natural resources, for allocation to the division of wildlife, for the fiscal year beginning July 1, 1998, the sum of ___ dollars ($ ) and ___ FTE, or so much thereof as may be necessary, for the implementation of this act.
SECTION 3. 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.