Amendments for SB23-059
Senate Journal, March 17
After consideration on the merits, the Committee recommends that SB23-059 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.
Amend printed bill, page 3, line 11, strike "and wildlife areas".
Page 3, line 13, strike "parks and wildlife areas;" and substitute "parks;".
Page 3, line 15, after "partnership" insert "with the state and other partners".
Page 3, strike lines 17 through 27.
Page 4, strike lines 1 to 6 and substitute:
"(f) Establishing a new fee on daily vehicle passes may provide local
governments".
Page 4 strike lines 11 through 27.
Strike pages 5 and 6 and substitute:
"33-10-117. State park access - fees - definitions - rules.
(1) (a) UPON REQUEST OF ONE OR MORE LOCAL GOVERNMENTS".
Renumber succeeding subsections accordingly.
Page 7, line 1, strike "RECREATIONAL" and substitute "LOCAL".
Page 7, line 13, strike "(4)(c)" and substitute "(1)(c)".
Page 7, after line 18, insert:
"(d) (I) (A) THE LOCAL ACCESS ROUTE CASH FUND IS CREATED IN THE
STATE TREASURY. THE FUND CONSISTS OF MONEY CREDITED TO THE FUND IN
ACCORDANCE WITH THIS SUBSECTION (1)( AND ANY OTHER MONEY THAT THE
GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND.
(B) THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE
FUND.
(C) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
DIVISION TO IMPLEMENT THIS SECTION.
(II) THE DIVISION SHALL PERFORM, ON AN ANNUAL BASIS, AN ANALYSIS
TO DETERMINE THE NET INCREMENTAL COST OF THE COLLECTION AND
ADMINISTRATION OF THE FEE. THE DIVISION MAY RETAIN A PORTION OF THE FEE
TO COVER THE COST OF COLLECTING AND ADMINISTERING THE FEE, BUT MAY
RETAIN ONLY THE AMOUNT OF THE FEE THAT IS DETERMINED TO BE NECESSARY
BY THE COST ANALYSIS. THE DIVISION SHALL NOT RETAIN MORE THAN THREE
AND ONE-THIRD PERCENT OF THE FEE. THE DIVISION SHALL TRANSMIT THE
RETAINED PORTION OF THE FEE TO THE STATE TREASURER, WHO SHALL CREDIT
THE SAME TO THE PARKS AND OUTDOOR RECREATION CASH FUND CREATED IN
SECTION 33-10-111.".
Page 7, line 20, strike "(4)" and substitute "(1)".
Page 7, strike lines 23 and 24 and substitute "TRANSFER THE FEE, MINUS THE
AMOUNT RETAINED UNDER SUBSECTION (1)(d) OF THIS SECTION, TO THE STATE
TREASURER, WHO SHALL CREDIT THE FEE TO THE FUND. THE DIVISION SHALL
TRANSFER THE REMAINDER OF FEE FROM THE FUND TO THE LOCAL GOVERNMENT
THAT REQUESTED THE FEE AND IS RESPONSIBLE FOR THE LOCAL ACCESS ROUTE.
IF A STATE".
Page 7, line 25, strike "RECREATIONAL" and substitute "LOCAL".
Page 7, line 27, strike "(4)(a)" and substitute "(1)(a)".
Page 8, line 7, strike "(5)" and substitute "(2)".
Page 8, lines 7 and 8, strike "PARKS AND WILDLIFE AREAS." and substitute
"PARKS.".
Page 8, line 16, strike "(4)" and substitute "(1)".
Page 8, lines 18 and 19, strike "STATE PARK AND WILDLIFE AREA ACCESS GRANT
FUND CREATED IN SUBSECTION (2)" and substitute "LOCAL ACCESS ROUTE CASH
FUND CREATED IN SUBSECTION (1)(d)(I)".
Page 8, strike lines 20 through 27 and substitute:
"(d) "LOCAL ACCESS ROUTE" MEANS A RIGHT-OF-WAY, INCLUDING A
BIKE OR PEDESTRIAN PATH, THAT IS NORMALLY USED TO TRAVEL TO OR FROM
A STATE PARK.
(e) "LOCAL GOVERNMENT" MEANS A CITY, COUNTY, CITY AND COUNTY,
OR SPECIAL DISTRICT OF THIS STATE.".
Strike pages 9 through 12 and substitute:
"33-10-118. Division to study access to state parks. (1) THE DIVISION
SHALL COLLABORATE WITH LOCAL GOVERNMENTS TO IDENTIFY:
(a) DEFICITS OR PROBABLE DEFICITS WITH LOCAL TRANSPORTATION
INFRASTRUCTURE AND SERVICES USED BY VISITORS TO ACCESS STATE PARKS;
AND
(b) SOURCES OF FUNDING AND PARTNERSHIPS TO ADDRESS THE DEFICITS
OR POTENTIAL DEFICITS DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION.
(2) IN STUDYING THE ISSUES DESCRIBED IN SUBSECTION (1) OF THIS
SECTION, THE DIVISION SHALL CONSIDER:
(a) THE USE OF AND EFFECT ON LOCAL TRANSPORTATION
INFRASTRUCTURE AND SERVICES OF VISITORS TRAVELING TO AND FROM STATE
PARKS;
(b) INFRASTRUCTURE COSTS INCCURRED BY LOCAL GOVERNMENT IN
SUPPORTING THE STATE IN MANAGING STATE PARKS AND THE APPROPRIATENESS
OF THE DIVISION OR OTHER PERSONS, INCLUDING USERS, TO HELP SUPPORT
INFRASTRUCTURE FUNDING;
(c) ECONOMIC AND COMMUNITY BENEFITS AND NEGATIVE EFFECTS OF
STATE PARKS ON LOCAL ECONOMIES, AND THE DIFFERENCE IN BENEFITS AND
EFFECTS INCURRED BY COUNTIES AND MUNICIPALITIES;
(d) LOCAL GOVERNMENT REVENUE, INCLUDING FEES, ASSESSMENTS,
AND TAXES, AND PAYMENTS BY THE DIVISION IN LIEU OF TAXES THAT ARE
AVAILABLE TO:
(I) DEVELOP AND MAINTAIN TRANSPORTATION INFRASTRUCTURE; OR
(II) PROVIDE TRANSPORTATION SERVICES RELATED TO RECREATION;
(e) METHODS OF PROVIDING GUIDANCE TO DETERMINE WHICH LOCAL
ACCESS ROUTES SHOULD BE ELIGIBLE FOR ANY IDENTIFIED FUNDING;
(f) PAST EXAMPLES OF ISSUES WITH PROVIDING LOCAL
TRANSPORTATION INFRASTRUCTURE AND SERVICES USED TO ACCESS STATE
MANAGED RECREATIONAL LAND, AND OPPORTUNITIES TO WORK WITH THE
DIVISION IN ADDRESSING THOSE ISSUES BOTH AT THE INCEPTION STAGE AND
OVER THE LIFESPAN OF THE STATE PARK;
(g) CURRENT RESOURCES AVAILABLE FOR AND DEDICATED TO A
COMMUNITY'S LOCAL TRANSPORTATION INFRASTRUCTURE AND SERVICES FOR
A BASELINE OF EXISTING MAINTENANCE BUDGETS, NEW SOURCES OF FUNDING
OR PARTNERSHIPS TO ASSIST IN THE MAINTENANCE OF LOCAL ACCESS ROUTES
TO AND FROM STATE PARKS, AND THE PREDICTABILITY AND RELIABILITY OF THE
SOURCES;
(h) THE LOCAL GOVERNMENT'S FINANCIAL DEMANDS OF MAINTAINING
TRANSPORTATION INFRASTRUCTURE AND SERVICES NEEDED TO ACCESS STATE
PARKS IN RELATIONSHIP TO THE FINANCIAL DEMANDS OF MAINTAINING OTHER
LOCAL TRANSPORTATION INFRASTRUCTURE AND SERVICES WITHIN THE LOCAL
JURISDICTION; AND
(i) THE EFFECTS OF LOCAL TRANSPORTATION CONDITIONS ON LOCAL
ACCESS ROUTES SERVING STATE PARKS ON THE VISITOR EXPERIENCE.
(3) AFTER PERFORMING THE INITIAL STUDY REQUIRED IN SUBSECTION
(2) OF THIS SECTION, THE DIVISION SHALL SEEK COMMENTS FROM THE
DEPARTMENT OF TRANSPORTATION AND THE DEPARTMENT OF LOCAL AFFAIRS
BEFORE COMPLETING THE STUDY.
(4) THE DIVISION SHALL COMPLETE THE STUDY DESCRIBED IN THIS
SECTION AND MAKE LEGISLATIVE RECOMMENDATIONS TO THE GENERAL
ASSEMBLY BY NOVEMBER 1, 2024. THE RECOMMENDATIONS MUST INCLUDE
SOURCES FOR FUNDING OR PARTNERSHIPS TO ASSIST IN THE MAINTENANCE OF
LOCAL TRANSPORTATION INFRASTRUCTURE AND SERVICES ASSOCIATED WITH
STATE PARKS.".
Page 13, strike lines 1 and 2.
Senate Journal, March 29
Amend the Agriculture and Natural Resources Committee Report, dated March
16, 2023, page 1, strike lines 10 through 12 and substitute:
"Strike pages 5 and 6.
Page 7 of the bill, strike lines 1 through 5 and substitute:
"33-10-117. State park access - fees - definitions - rules.
(1) (a) (I) BY JULY 1, 2024, THE COMMISSION SHALL ESTABLISH, BY RULE:
(A) A PROCESS FOR LOCAL GOVERNMENTS TO REQUEST AN ADDITIONAL
FEE TO BE CHARGED ON A DAILY VEHICLE PASS THAT AUTHORIZES THE USE OF
A STATE PARK LOCATED WITHIN THE LOCAL GOVERNMENT'S GEOGRAPHIC
BOUNDARIES; AND
(B) CRITERIA FOR APPROVING A REQUEST MADE UNDER SUBSECTION
(1)(a)(I)(A) OF THIS SECTION; AND
(II) THE DIVISION SHALL NOT COLLECT THE FEE FROM A STATE
PARK".".".
Page 1 of the report, strike line 14.
Page 2 of the report, line 3, strike "(1)(" and substitute "(1)".
Page 2 of the report, after line 21 insert:
"Page 7 of the bill, line 19, strike "2024," and substitute "2025,".".
Page 2 of the report, line 26, before "FEE" insert "THE".
Page 3 of the report, line 13, strike "PROBABLE" and substitute "POTENTIAL".
Page 3 of the report, line 24, strike "GOVERNMENT" and substitute
"GOVERNMENTS".
Page 3 of the report, line 31, strike "LOCAL" and substitute "EXISTING LOCAL".
Page 4 of the report, line 21, strike "AFTER" and substitute "WHEN".
Page 4 of the report, line 22, strike "COMMENTS" and substitute "INPUT".
Senate Journal, April 6
After consideration on the merits, the Committee recommends that SB23-059 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
65
66
67
Page 702 Senate Journal-88th Day-April 6, 2023
Amend printed bill, page 13, before line 3 insert: 1
2
"SECTION 6. Appropriation. For the 2023-24 state fiscal year, 3
$411,000 is appropriated to the department of natural resources for use by the 4
division of parks and wildlife. This appropriation is from the parks and outdoor 5
recreation cash fund created in section 33-10-111 (1), C.R.S. To implement this 6
act, the division may use this appropriation for state park operations.". 7
8
Renumber succeeding section accordingly. 9
10
Page 1, line 103, strike "AREAS." and substitute "AREAS, AND,INCONNECTION 11
THEREWITH, MAKING AN APPROPRIATION.".