33-10-111. Parks and outdoor recreation cash fund created - accounting expenditures for roads and highways - repeal.

(1) Except as provided in sections 33-14-106, 33-14.5-106, and 33-15-103, all moneys derived from division facilities and fees, and all interest earned on such moneys, shall be credited to the parks and outdoor recreation cash fund, which is hereby created, together with all moneys donated, transferred, or appropriated from whatever source for the use of the division in administering, managing, and supervising the state parks and outdoor recreation system and in the financing of impact assistance grants pursuant to part 3 of article 25 of title 30, C.R.S. All cash receipts from state-owned desert, saline, and internal improvement lands shall be credited to the parks and outdoor recreation cash fund.

(2) The director, with the consent and approval of the executive director, is authorized and directed to establish an adequate system of accounting which will accurately record:

(a) All moneys received and from what sources;

(b) All moneys expended and for what purposes;

(c) All passes, permits, and registrations that are issued, numbering each type separately.

(3) In his annual budget request to the governor, the executive director shall clearly show the allocation of funds used for parks and outdoor recreation purposes among operations, land acquisition, capital construction, and other purposes.

(4) At each regular session, the general assembly shall determine the amounts to be expended by the division for the acquisition of rights-of-way for the construction, improvement, repair, and maintenance of public roads and highways in state recreation areas and parks and shall appropriate such amounts from the state allocation provided by section 43-4-206, C.R.S., from the highway users tax fund to the division as are necessary to accomplish these purposes.

(5) (a) Subject to the provisions of this subsection (5), the board may set fees by rule for the use of facilities and programs of the division, including discounts for marketing purposes. The board shall:

(I) Before adopting any such rule, provide the general assembly's joint budget committee with the proposed rule and the board's analysis of the proposed rule;

(II) By November 1 of each year, submit a list of such fees to the general assembly's joint budget committee, the finance committees of the senate and the house of representatives, the house agriculture, livestock, and natural resources committee, and the senate agriculture, natural resources and energy committee.

(b) (I) All actions of the board to change fees shall be subject to the requirements of the "State Administrative Procedure Act", article 4 of title 24, C.R.S. Whenever the board desires to change any fee, the board shall conduct rule-making, with timely notice and an opportunity for comment by interested parties.

(II) In its annual budget request to the general assembly, the board shall include the amount of any fee changed, proposed, or under consideration by the board.

(III) and (IV) Repealed.

(c) This subsection (5) is repealed, effective July 1, 2012.

Source: L. 84: Entire article added, p. 887, § 2, effective January 1, 1985. L. 91: (4) amended, p. 1071, § 47, effective July 1. L. 96: (1) amended and (5) added, p. 778, § 1, effective May 23. L. 2000: (5)(b)(III) amended and (5)(b)(IV) added, p. 1598, § 1, effective August 2. L. 2003: (5)(a) amended, (5)(b)(III) and (5)(b)(IV) repealed, and (5)(c) added, pp. 1528, 1529, §§ 1, 3, effective May 1; (4) amended, p. 1943, § 10, effective May 22. L. 2007: (5)(c) amended, p. 700, § 1, effective May 3.