The bill defines "backcountry search and rescue" as the utilization, training, and support of responders, with their specialized equipment, to locate, provide assistance to, and remove to safety individuals who are lost, injured, stranded, or entrapped, generally in remote areas of the state. The department of natural resources (department) must conduct a study and develop recommendations on the issues related to backcountry search and rescue, including coordination among the local, state, and nonprofit organizations involved in backcountry search and rescue, the adequacy of resources and benefits available to volunteers who provide backcountry search and rescue services, the funding needs for equipment and reimbursement, and the needs for volunteer training and public education. The department must also, subject to available appropriations, conduct outreach and training related to the physical and psychological support needs of backcountry search and rescue volunteers, which may include working with consultants, providing programs, or creating a grant program for local governments or nonprofit organizations providing backcountry search and rescue. The bill makes conforming amendments related to the definition of "backcountry search and rescue". (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sponsored bills
Current law specifies that the Colorado water conservation board's appropriation of water for instream flow purposes is subject to existing uses and exchanges of water. The act directs the state engineer, in administering current law, to confirm a claim of an existing use or exchange if the use or exchange has not previously been confirmed by court order or decree. The person making the claim may also seek confirmation by the water judge. (Note: This summary applies to this bill as enacted.)
The act authorizes a retail food establishment to allow a person to bring a pet dog to an outdoor dining area if: The retail food establishment elects to allow pet dogs in its outdoor dining area, has a separate entrance to the area through which pet dogs may enter and exit without passing through the retail food establishment, does not use the are for food or drink preparation, and complies with any other control measures approved by the county or district public health agency; The person who brings a pet dog to the outdoor dining area does not allow the pet dog on chairs, benches, seats, or other furniture or fixtures and maintains control of the pet dog, including leashing the pet dog or confining the pet dog in a pet carrier; and The retail food establishment licensee ensures compliance with local ordinances related to sidewalks, public nuisances, and sanitation. A person who brings a pet dog in an outdoor dining area is responsible for the behavior of that pet dog. Local governing bodies may prohibit the presence of pet dogs for all retail food establishments within the governing body's jurisdiction. (Note: This summary applies to this bill as enacted.)
The act grants a board of county commissioners the authority to license and regulate an owner or owner's agent who rents or advertises the owner's lodging unit for a short-term stay, and to fix the fees, terms, and manner for issuing and revoking licenses issued therefor. (Note: This summary applies to this bill as enacted.)
Under current law, the Colorado water conservation board (board), subject to procedural requirements established to prevent injury to water rights and decreed conditional water rights, may use loaned water for instream flows if the loaned water is used for preserving the natural environment of a stream reach that is subject to a decreed instream flow water right held by the board. The act expands the number of years within a 10-year period that a renewable loan may be exercised from 3 years to 5 years, but for no more than 3 consecutive years, and allows a loan to be renewed for up to 2 additional 10-year periods. The act limits the duration that an expedited loan may be exercised for up to one year, and prohibits an applicant from seeking additional expedited loans regarding a water right following an approved expedited loan of that water right. The act also expands the board's ability to use loaned water for instream flows to improve the natural environment to a reasonable degree pursuant to a decreed instream flow water right held by the board. In considering whether to accept a proposed loan, the board must evaluate the proposed loan based on biological and scientific evidence presented, including a biological analysis performed by the division of parks and wildlife. The state engineer will review a proposed loan and must consider any comments filed by parties notified of the application in determining whether the loaned water will not cause injury to other vested or conditionally decreed water rights, decreed exchanges of water, or undecreed existing exchanges of water that were administratively approved before the date that the loan application was filed. The filing fee is increased from $100 to $300. The board is required to promulgate rules regarding the necessary steps for reviewing and accepting a loan for instream flow use to improve the natural environment to a reasonable degree. The state engineer's decision to approve or deny a proposed loan may be appealed to a water judge, who is required to hear and determine the matter on an expedited basis using the procedures and standards established for matters rereferred to the water judge by a water referee. (Note: This summary applies to this bill as enacted.)
For purposes of the census, the federal census bureau counts prisoners in the correctional facility in which they were housed as of April 1 of the year in which the census was taken. For redistricting purposes, the act reassigns those persons to their last known residence in Colorado prior to incarceration. If the last known residence is outside of Colorado or the last known residence is unknown, the prisoners are counted for purposes of redistricting at the correctional facility. The act requires the department of corrections (department) to begin collecting and maintaining specified information on inmates to be able to provide that information following a federal census. It directs the department to report the information to the legislative council staff and the office of legislative legal services (nonpartisan staff) and directs nonpartisan staff to develop a database of population to be used in redistricting of congressional, state senate, and state house of representatives districts. (Note: This summary applies to this bill as enacted.)
The act modifies various provisions relating to the enforcement of parks and wildlife statutes as follows: Clarifies that any person, not just a hunter, may be prosecuted for violations of parks and wildlife statutes; Amends the definition of "take" to clarify that the term includes the killing of wildlife with certain exceptions; States that licenses issued by the division of parks and wildlife (division) are not subject to the "Secure and Verifiable Identity Document Act"; Specifies the default penalties that apply to a person who is convicted of a violation of a parks and wildlife statute or rule promulgated under those statutes that does not list a specific penalty; Extends the period of time within which an alleged offender may pay fines and surcharges identified in a penalty assessment notice issued to the alleged offender from 15 days to 20 days and authorizes personal service or service by certified mail of a summons and complaint or a penalty assessment notice; Authorizes the parks and wildlife commission or a hearing officer to suspend a person's license issued by the division for a failure to comply with an official notice of an alleged violation of the parks and wildlife statutes. The suspension is lifted once the person furnishes or causes to be furnished to the division satisfactory evidence of compliance with the official notice of an alleged violation. Makes the imposition of additional penalties regarding the unlawful taking of trophy animals permissive instead of mandatory; For the purposes of hunting in a careless manner, amends the definition of "careless" and authorizes a lesser fine for a person who hunts in a careless manner while hunting with a big game license for a type of animal different than the type of animal killed and who immediately field dresses the killed animal and reports the killing to the division; Amends the definition of "vessel" to include all types of stand-up paddleboards and excludes from the definition of "river outfitter" a person whose only service is providing instruction in stand-up paddleboarding; Authorizes a person to possess a loaded pistol or revolver while snowmobiling and clarifies that the division may authorize certain conduct while operating a snowmobile that is otherwise unlawful; and Prohibits a river outfitter, guide, trip leader, or guide instructor from allowing another person to operate a vessel without due regard for river conditions or other attending circumstances or in a manner that endangers any person, property, or wildlife. A person who violates the prohibition commits a class 3 misdemeanor.(Note: This summary applies to this bill as enacted.)
Current law specifies that an appropriation of water cannot be based on speculation. Speculation may be evidenced by either of the following: The applicant for an appropriation of water does not have either a legally vested interest or a reasonable expectation of procuring such an interest in the lands or facilities to be served by the appropriation, unless the appropriator is a governmental agency or an agent in fact for the persons proposed to be benefitted by the appropriation; or The applicant does not have a specific plan and intent to divert, store, or otherwise capture, possess, and control a specific quantity of water for specific beneficial uses. The act requires the executive director of the department of natural resources to convene a work group to explore ways to strengthen current anti-speculation law and to report to the water resources review committee by August 15, 2021, regarding any recommended changes. (Note: This summary applies to this bill as enacted.)
The bill requires an establishment that holds a hotel and restaurant license to sell alcohol beverages for consumption on the premises to allow a customer of the licensee who is at least 21 years of age to bring one container containing up to 750 milliliters of vinous liquor into the licensed premises where meals are actually and regularly served for the on-premises consumption by the costumer or the customer and the customer's companions who are also at least 21 years of age during a meal that the customer, and the companions of the customer, if any, have ordered from the licensee, unless: The customer has brought a container of vinous liquor into the licensed premises in the previous 24 hours; The licensee or any agent of the licensee reasonably believes that the customer is under the influence of alcohol or drugs; The licensee has ceased serving meals for the day or is preparing to cease serving meals for the day; or The licensee reasonably believes that the customer has committed any of certain unlawful acts on the licensed premises. The bill allows a customer to reseal and remove from the licensed premises an opened container of partially consumed vinous liquor that the customer brought into the licensed premises. (Note: This summary applies to this bill as introduced.)