(1) (a) Except as provided in
subsections (7) and (8) of this section, sections 33-1-112.5 and 33-6-105, and in part
7 of article 22 of title 39, all money received from wildlife license fees, all money
from all other wildlife sources, all money from fees collected pursuant to section
42-3-267 (4)(a)(II), and all interest earned on such money shall be deposited in the
state treasury and credited to the wildlife cash fund, which fund is hereby created.
Except as provided in subsection (1)(c) of this section, the money in the wildlife cash
fund shall be utilized for expenditures authorized or contemplated by and not
inconsistent with the provisions of articles 1 to 6 of this title 33 for wildlife activities
and functions and for the financing of impact assistance grants pursuant to part 3
of article 25 of title 30. All money so deposited in the wildlife cash fund shall
remain in the fund to be used for the purposes set forth in the provisions of articles
1 to 6 of this title 33 and shall not be deposited in or transferred to the general fund
of the state of Colorado or any other fund.
(b) Repealed.
(c) (I) The division shall use the money from fees paid pursuant to section 42-3-267 (4)(a)(II) and deposited in the wildlife cash fund for any of the following
purposes related to the restoration and management of gray wolves pursuant to
section 33-2-105.8:
(A) Programs, training, personnel, contractors, and community outreach
events related to nonlethal means of mitigating and preventing conflict with gray
wolves;
(B) The purchase and deployment of equipment, technology, and training
materials related to nonlethal means of mitigating and preventing conflict with
gray wolves;
(C) To support research related to developing more effective tools,
technology, and methods for mitigating and preventing conflict with gray wolves by
nonlethal means;
(D) To support the observation, monitoring, and nonlethal management of
gray wolf populations;
(E) For promotion of the Born to Be Wild license plate, for which the
division shall solicit grant applications annually from, and may award grants to,
organizations in order to promote and market the Born to Be Wild license plate; or
(F) Other nonlethal means for reducing conflict with gray wolves, as
determined by the division.
(II) The division shall not use any money from fees paid pursuant to section
42-3-267 (4)(a)(II) and deposited in the wildlife cash fund for the lethal control of
wolves or for compensation for wolf depredation.
(1.5) and (1.7) Repealed.
(2) There is hereby created a stores revolving fund in the amount of eight
hundred thousand dollars, which amount shall be maintained to acquire stock for
warehousing and distributing supplies to operating units of the division. The moneys
in such fund shall under no circumstances be used for the payment of operating
expenses but shall be maintained intact as a revolving fund of eight hundred
thousand dollars, composed of the following assets: Cash, accounts receivable, and
inventory supplies. The purpose of the fund is to provide better budgetary control,
and nothing contained in this subsection (2) shall authorize the division to make any
purchases or acquisitions in any manner except as provided by law.
(3) There is hereby created the vanpool program revolving account. Receipts
from participants in vanpools operated by the division shall be deposited to said
account and shall be used only to pay the monthly operating and maintenance
costs of such vans which are attributable to the use of such motor vehicles in
carrying persons to and from work and to pay that portion of the purchase cost of
replacement motor vehicles which is attributable to the use of the motor vehicles in
carrying persons to and from work.
(3.5) (a) There is hereby created the wildlife management public education
fund. Money in the fund consists of the surcharge authorized by section 33-4-102
(8.5), any money the general assembly allocates to the fund, and money collected
from gifts, donations, contributions, bequests, grants, and funds or reimbursements
made from other sources to the wildlife council created in section 33-4-120.
(b) Money in the wildlife management public education fund is subject to
annual appropriation and shall be used by the wildlife council for carrying out its
duties as set forth in section 33-4-120, including the reasonable and necessary
expenses incurred by council members in fulfilling their duties, as approved by the
director.
(c) All receipts and interest derived from the investment of moneys in the
wildlife management public education fund shall be credited to such fund.
(4) The director of the division, with the consent and approval of the
executive director, is authorized and directed to establish an adequate system of
accounting which shall provide accurate and timely records of:
(a) All moneys received and from what sources;
(b) All moneys expended and for what purposes;
(c) All licenses that are issued, numbering each type separately.
(5) In his annual budget request to the governor, the executive director shall
clearly show the allocations of funds used for wildlife purposes among operations,
land acquisition, and capital construction and for any other purposes.
(6) The cost of nongame programs established under articles 1 to 6 of this
title 33 shall be borne by the general fund, the Colorado nongame conservation and
wildlife restoration cash fund, the wildlife cash fund, and any other sources deemed
appropriate by the general assembly.
(7) (a) (I) (A) There is hereby created in the state treasury the wildlife for
future generations trust fund. The fund consists of moneys appropriated to the fund
by the general assembly, moneys received from energy or mineral royalties or
leases of energy or mineral rights on wildlife properties, and gifts, grants, and
donations.
(B) For purposes of this subparagraph (I), wildlife properties means state
wildlife areas and any other wildlife properties in which the division owns mineral
interests.
(C) No less than fifty percent of the total moneys deposited in the fund other
than interest shall be accrued and maintained intact, and the remaining balance of
the moneys deposited into the fund may be expended subject to appropriation by
the general assembly; except that the interest earned on moneys in the fund is
continuously appropriated and may be expended on such property operation and
maintenance and other wildlife projects and programs as the commission deems
appropriate.
(II) The fund is under the control of and administered by the commission. The
controller shall authorize disbursements from the fund as directed by the
commission on receipt of a voucher from the commission stating that the
disbursement is in accordance with this subsection (7).
(III) Repealed.
(IV) All moneys and interest in the fund remain in the fund to be used for the
purposes set forth in this subsection (7) and shall not be deposited in or transferred
to the general fund or any other fund.
(b) There is hereby created a wildlife habitat account in the wildlife for
future generations trust fund, created in paragraph (a) of this subsection (7). The
state treasurer shall deduct five million dollars from the wildlife cash fund, created
in subsection (1) of this section, and transfer such sum to the wildlife habitat
account. The interest earned on such five million dollars shall be continuously
appropriated and shall be used solely for operation and maintenance of properties,
leases, and easements owned by the division.
(8) (a) There is hereby created in the state treasury the habitat partnership
cash fund. The moneys in the habitat partnership cash fund shall consist of those
moneys annually transferred from the wildlife cash fund in accordance with
paragraph (e) of this subsection (8) for the partnership program and any gifts,
grants, donations, and reimbursements made to the program from other sources.
The moneys in the fund shall be used in accordance with the duties of the habitat
partnership council as specified in section 33-1-110 (7) and (8), including, but not
limited to, reasonable and necessary expenses incurred by council members in the
fulfillment of their duties, as approved by the director. All interest derived from the
investment of moneys in the habitat partnership cash fund shall be credited to the
fund. Any balance remaining in the fund at the end of any fiscal year shall remain in
the fund subject to the limitations provided in paragraph (e) of this subsection (8).
(b) Notwithstanding section 24-1-136 (11)(a)(I), the council shall submit an
annual report to the commission, the senate and house agriculture committees, and
the executive director of the department of natural resources specifically stating
the items for which it has expended money from the fund and the purpose of such
items.
(c) If the council ceases to exist, all moneys in the habitat partnership cash
fund shall revert to the wildlife cash fund.
(d) (Deleted by amendment, L. 96, p. 1729, � 2, effective June 3, 1996.)
(e) (I) On July 1, 2002, and each year thereafter, there shall be transferred
from the wildlife cash fund to the habitat partnership cash fund an amount equal to
five percent of the net sales of big game licenses used in the geographic areas
represented by local habitat partnership committees from the previous calendar
year.
(II) All moneys in the habitat partnership cash fund shall be continuously
appropriated to the division of parks and wildlife for the purpose of funding the
habitat partnership program.
(III) The balance of unexpended and unencumbered money in the habitat
partnership cash fund at the end of each state fiscal year must not exceed the total
amount of the wildlife cash fund transfer from the beginning of that state fiscal
year. Any amount of unexpended and unencumbered money in the habitat
partnership cash fund at the end of a state fiscal year that exceeds the amount
transferred to the fund at the beginning of that state fiscal year reverts to the
wildlife cash fund.
(IV) Repealed.
Source: L. 84: Entire article R&RE, p. 859, � 1, effective January 1, 1985. L. 87: (1) amended, p. 1266, � 1, effective January 1, 1988. L. 89: (1) and (6) amended and (7)
added, p. 1342, � 2, effective July 1. L. 90: (6) amended, p. 1739, � 4, effective April 3. L. 92: (1) amended and (8) added, p. 1891, � 2, effective June 2. L. 96: (8) amended, p.
1729, � 2, effective June 3. L. 98: (3.5) added, p. 855, � 1, effective July 1. L. 99: (3.5)
amended, p. 1395, � 1, effective June 4. L. 2000: (7) amended, p. 1365, � 1, effective
May 30. L. 2001: (8)(a) amended and (8)(e) added, p. 699, � 2, effective July 1, 2002. L. 2002: (7)(a) and (8)(b) amended, p. 876, � 2, effective August 7. L. 2003: (7)(a)
amended, p. 2013, � 109, effective May 22. L. 2005: (3.5)(a) amended, p. 474, � 4,
effective January 1, 2006. L. 2007: (8)(e)(IV) amended, p. 166, � 1, effective March
22. L. 2008: (1) amended, p. 1588, � 2, effective May 29. L. 2015: (8)(e)(IV) amended,
(SB 15-199), ch. 222, p. 813, � 1, effective May 22; (7)(a) amended, (HB 15-1243), ch.
167, p. 511, � 1, effective August 5. L. 2017: (6) amended, (HB 17-1250), ch. 362, p.
1899, � 3, effective August 9; (7)(a)(III) and (8)(b) amended, (HB 17-1257), ch. 254, p.
1064, � 4, effective August 9. L. 2018: (1)(b) repealed, (HB 18-1008), ch. 137, p. 895, �
1, effective August 8; (3.5)(a) and (3.5)(b) amended, (SB 18-143), ch. 207, p. 1328, �
5, effective August 8. L. 2021: (1.5) added, (HB 21-1326), ch. 274, p. 1592, � 2,
effective June 21. L. 2022: (1.7) added, (SB 22-168), ch. 296, p. 2114, � 1, effective
June 1; (8)(e)(III) amended and (8)(e)(IV) repealed, (HB 22-1072), ch. 116, p. 542, � 2,
effective August 10. L. 2023: (1)(a) amended and (1)(c) added (HB 23-1265), ch. 231,
p.1216, � 3, effective August 7. L. 2024: (7)(a)(III) repealed, (SB 24-135), ch. 34, p.
119, � 35, effective March 22.