(1) The division shall require each candidate that it interviews for a peace officer position who has been employed by another law enforcement agency or governmental agency to execute a written waiver that explicitly authorizes each law enforcement agency or governmental agency that has employed the candidate to disclose the applicant's files, including internal affairs files, to the division and releases the division and each law enforcement agency or governmental agency that employed the candidate from any liability related to the use and disclosure of the files. A law enforcement agency or governmental agency may disclose the applicant's files by either providing copies or allowing the division to review the files at the law enforcement agency's office or governmental agency's office. A candidate who refuses to execute the waiver shall not be considered for employment by the division. The division shall, at least twenty-one days prior to making the hiring decision, submit the waiver to each law enforcement agency or governmental agency that has employed the candidate. A state or local law enforcement agency or governmental agency that receives such a waiver shall provide the disclosure to the division not more than twenty-one days after such receipt.
(2) A state or local law enforcement agency is not required to provide the disclosures described in subsection (1) of this section if the agency is prohibited from providing the disclosure pursuant to a binding nondisclosure agreement to which the agency is a party, which agreement was executed before June 10, 2016.
(3) A state or local law enforcement agency or governmental agency is not liable for complying with the provisions of this section or participating in an official oral interview with an investigator regarding the candidate.
(4) As used in this section, unless the context otherwise requires:
(a) Files means all performance reviews, any other files related to job performance, administrative files, grievances, previous personnel applications, personnel-related claims, disciplinary actions, and all complaints, early warnings, and commendations, but does not include nonperformance or conduct-related data, including medical files, schedules, pay and benefit information, or similar administrative data or information.
(b) State or local law enforcement agency means:
(I) The Colorado state patrol created pursuant to section 24-33.5-201, C.R.S.;
(II) The Colorado bureau of investigation created pursuant to section 24-33.5-401, C.R.S.;
(III) A county sheriff's office;
(IV) A municipal police department;
(V) The division of parks and wildlife within the department of natural resources created pursuant to section 24-1-124, C.R.S.; or
(VI) A town marshal's office.
Source: L. 2016: Entire section added, (HB 16-1262), ch. 339, p. 1385, � 5, effective June 10.
33-9-113. Parks and wildlife commission duties - gifts, grants, and donations for Fishers Peak state park - funding needs reporting - repeal. (Repealed)
Source: L. 2020: Entire section added, (SB 20-003), ch. 149, p. 642, � 4, effective June 29.
Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 2024. (See L. 2020, p. 642.)
33-9-114. Chatfield state park - water quality fee - Chatfield watershed authority - process for requesting a water quality fee - definitions - rules. (1) As used in this section, unless the context otherwise requires:
(a) Chatfield watershed authority means the Chatfield watershed authority established by an intergovernmental agreement executed pursuant to sections 29-1-203 and 29-1-204.2 and including the following members:
(I) Jefferson county;
(II) Douglas county;
(III) The city of Littleton;
(IV) The town of Castle Rock;
(V) The town of Larkspur;
(VI) Castle Pines metropolitan district;
(VII) Centennial water and sanitation district;
(VIII) Dominion water and sanitation district;
(IX) Louviers water and sanitation district;
(X) Perry Park water and sanitation district;
(XI) Roxborough water and sanitation district;
(XII) The city and county of Denver, acting by and through its board of water commissioners; and
(XIII) The Plum Creek water reclamation authority.
(b) Fund means the parks and outdoor recreation cash fund created in section 33-10-111 (1).
(c) Water quality fee means a water quality fee established by rules promulgated by the commission pursuant to subsection (2) of this section.
(2) (a) On or before July 1, 2024, the commission shall promulgate rules establishing:
(I) A process by which the Chatfield watershed authority may request that the commission create by rule a water quality fee to be collected by the division from visitors to Chatfield state park;
(II) Criteria for approving a request for a water quality fee; and
(III) Criteria for determining which visitors to Chatfield state park should be required to pay a water quality fee; except that in promulgating such rules, the commission shall ensure that the division shall not collect a water quality fee from a visitor who holds an annual or lifetime pass to visit state parks.
(b) In promulgating rules pursuant to subsection (2)(a) of this section, the commission shall ensure that the amount of a water quality fee:
(I) Is rounded to the nearest dollar; and
(II) Does not exceed two dollars, except as described in subsection (4)(c) of this section.
(c) On and after July 1, 2024, the commission may create a water quality fee pursuant to rules promulgated pursuant to this subsection (2).
(3) The commission shall not unreasonably deny a request by the Chatfield watershed authority to create a water quality fee as described in subsection (2) of this section.
(4) If the commission establishes a water quality fee pursuant to rules promulgated pursuant to subsection (2) of this section, the commission:
(a) Shall require the Chatfield watershed authority to expend up to twenty-five percent, as determined by the commission, of the money received from the division pursuant to subsection (5)(a) of this section on water quality projects within the boundaries of Chatfield state park;
(b) May include additional requirements and restrictions concerning the expenditure by the Chatfield watershed authority of money received from the division pursuant to subsection (5)(a) of this section on water quality projects inside the boundaries of Chatfield state park; and
(c) Shall review the water quality fee on January 1, 2030, and on each January 1 every five years thereafter. After each such review, the commission may either:
(I) Eliminate the water quality fee if the commission determines that the water quality fee is no longer necessary; or
(II) Adjust the amount of the water quality fee to account for inflation or deflation. In calculating inflation or deflation, the commission shall use the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable predecessor or successor index.
(5) If the commission establishes a water quality fee pursuant to rules promulgated pursuant to subsection (2) of this section:
(a) The division shall collect the water quality fee on and after January 1, 2025, in the manner prescribed by rules of the commission. Except as described in subsection (5)(c) of this section, the division shall transfer the total amount of money collected as water quality fees to the state treasurer, who shall credit the money to the fund. Money in the fund that was collected as water quality fees is continuously appropriated to the department for allocation to the division for purposes described in this section.
(b) Beginning July 1, 2025, and each six months thereafter, except as described in subsection (5)(c) of this section, the division shall pay to the Chatfield watershed authority the total amount of money collected as water quality fees during the preceding six months. The money shall be paid from the fund.
(c) The division shall annually perform an analysis to determine the net incremental costs incurred by the division in collecting and administering the water quality fee. The division may retain a portion of the amount of money collected as water quality fees to pay such costs; except that the division shall not retain more than three and one-third percent of such money.
(6) The Chatfield watershed authority shall expend the money received from the division pursuant to subsection (5)(b) of this section to support water quality projects, including projects that provide for the construction, operation, and maintenance of nonpoint source projects, water quality monitoring, and urban runoff and erosion management and control.
Source: L. 2023: Entire section added, (SB 23-267), ch. 397, p. 2365, � 2, effective August 7.
Cross references: For the legislative declaration in SB 23-267, see section 1 of chapter 397, Session Laws of Colorado 2023.
33-9-115. Firearms training and safety course record system - firearms training and safety course cash fund - rules - fees - legislative declaration - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Basic firearms safety course means a basic firearms safety course described in section 18-12-116 (5).
(b) Bureau means the Colorado bureau of investigation created in section 24-33.5-401.
(c) Division means the division of parks and wildlife created in section 33-9-104.
(d) Extended firearms safety course means an extended firearms safety course described in section 18-12-116 (5).
(e) Hunter education course means a hunter education course certified by the division of parks and wildlife, as described in section 33-6-107 (8).
(f) System means the firearms training and safety course record system described in subsection (2)(a) of this section.
(2) (a) The division shall develop and operate a system of records of persons who:
(I) Hold a valid firearms safety course eligibility card issued pursuant to section 18-12-116 (5)(b); and
(II) Have completed a hunter education course, a basic firearms safety course, or an extended firearms safety course.
(b) The division shall consult with the bureau in developing and operating the system.
(c) The system is not a record that a person purchases or exchanges firearms or purchased or exchanged a specific firearm.
(3) The system must allow:
(a) A sheriff to electronically enter into the system the name of and other information required by the division about each person who was issued a firearms safety course eligibility card;
(b) The instructor of a basic firearms safety course or extended firearms safety course to request and receive information about whether a person holds a valid firearms safety course eligibility card issued pursuant to section 18-12-116 (5)(b);
(c) The instructor of a hunter education course, basic firearms safety course, or extended firearms safety course to electronically enter into the system the name of and other information required by the division about each student who completes a course; and
(d) A federal firearms licensee, as defined in section 18-12-101, to electronically request and receive information about whether a person has completed the courses necessary to purchase a specified semiautomatic firearm pursuant to section 18-12-116 (3)(e)(I).
(4) (a) The division may adopt processes and procedures necessary for the implementation of this section.
(b) The division shall establish course requirements for a basic firearms safety course and an extended firearms safety course that include instruction on the subjects required in section 18-12-116 (5)(a)(IV). The requirements must not require more than four hours of instruction for a basic firearms safety course or twelve hours of instruction for an extended firearms safety course.
(c) The division shall create an application form for a person to apply for a firearms safety course eligibility card pursuant to section 18-12-116. The application form must require the information required to be submitted on an application pursuant to section 18-12-116 (5)(b). The division shall make the application form available at no cost on its website.
(5) (a) The commission shall establish a firearms training and safety course record fee for a person to be included in the system. The fee must reflect actual direct and indirect costs to implement this section. The commission may adjust the fee, but shall not adjust the fee more than one time each year. The division shall transmit the fee money remitted to the division by a sheriff pursuant to section 18-12-116 (5)(b) to the state treasurer, who shall deposit the fee money in the firearms training and safety course cash fund.
(b) (I) The firearms training and safety course cash fund is created in the state treasury. The fund consists of money credited to the fund pursuant to subsection (5)(a) of this section and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the firearms training and safety course cash fund to the fund. Money in the fund is continuously appropriated to the division for the purposes of this section.
(II) The money credited to the firearms training and safety course cash fund pursuant to section 18-12-116 (5)(b) and any income and interest derived from the deposit and investment of the money is exempt from any restriction on spending, revenue, or appropriations, including, without limitation, the restrictions of section 20 of article X of the state constitution.
(c) (I) Before December 31, 2029, in order to implement this section, the director of the division may report to the state treasurer an amount of money to transfer to the firearms training and safety course cash fund from the parks and outdoor recreation cash fund. Within three days after receiving a report from the director, the state treasurer shall transfer the amount of money described in the report. The director of the division may make multiple reports to the treasurer pursuant to this subsection (5)(c)(I).
(II) (A) In order to restore to the parks and outdoor recreation cash fund the amount of money transferred from the fund pursuant to subsection (5)(c)(I) of this section, with interest, the director of the division may report to the state treasurer an amount of money to transfer from the firearms training and safety course cash fund to the parks and outdoor recreation cash fund. Within three days after receiving a report from the director, the state treasurer shall transfer the amount of money described in the report. The director of the division may make multiple reports to the treasurer pursuant to this subsection (5)(c)(II)(A).
(B) The total amount of the transfers to the parks and outdoor recreation cash fund pursuant to this subsection (5)(c)(II) must not be greater than the total amount transferred from the parks and outdoor recreation cash fund pursuant to subsection (5)(c)(I) of this section.
(C) By June 30, 2030, the total amount of the transfers to the parks and outdoor recreation cash fund reported by the director of the division to the state treasurer pursuant to this subsection (5)(c)(II) must be equal to the total amount transferred from the parks and outdoor recreation cash fund pursuant to subsection (5)(c)(I) of this section, plus fair market interest, as determined by the director.
(III) This subsection (5)(c) is repealed, effective July 1, 2030.
(6) The general assembly finds and declares that, consistent with the determination of the Colorado Supreme Court in Nicholl v. e-470 Public Highway Authority, 896 p.2d 859 (Colo. 1995), the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, and it is the conclusion of the general assembly that the firearms training and safety course record fee imposed by this bill is a fee, not a tax, because the fee is imposed for the specific purpose of defraying costs of providing record-keeping services to fee payers to enable them to purchase specified semiautomatic firearms pursuant to section 18-12-116 and is collected at a rate that is reasonably related to the overall cost of operating and maintaining the firearms training and safety course record system created in section 33-9-115.
(7) On or before December 31, 2025, and on or before December 31 of each year thereafter, the division shall submit a report to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, about the expenses incurred by the division to implement Senate Bill 25-003, enacted in 2025, and any additional resources the division needs to effectively implement Senate Bill 25-003.
Source: L. 2025: Entire section added, (SB 25-003), ch. 68, p. 296, � 3, effective April 10.
33-9-116. Strategic outdoor recreation management and infrastructure cash fund - gifts, grants, and donations. (1) (a) The strategic outdoor recreation management and infrastructure cash fund, referred to in this section as the fund, is created in the state treasury. The fund consists of money transferred to the fund pursuant to section 44-40-111 (12)(b) and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(b) Money transferred to the fund pursuant to section 44-40-111 (12)(b) and any income and interest derived from the deposit and investment of such money is exempt from any restriction on spending, revenue, or appropriations, including, without limitation, the restrictions of section 20 of article X of the state constitution.
(2) Money in the fund is continuously appropriated to the division for the following purposes, including the reasonable and necessary direct and indirect administrative costs incurred by the division in the implementation of the purposes:
(a) The achievement of strategic outcomes or opportunities that advance outdoor recreation infrastructure and management that address:
(I) Growing or future demands on infrastructure, experiences, or lands; and
(II) Current or expected impacts to wildlife, natural, or cultural resources;
(b) Uses outside regular activities within the Colorado state parks system, including through partnerships with federal land managers, nongovernmental or community organizations, state government entities, local or regional partnerships, or projects adjacent to or recent additions to the Colorado state parks system. The division shall prioritize parks and recreation cash fund money for uses on or associated with the Colorado state parks system.
(c) Outdoor recreation infrastructure, prioritizing investments that both enhance recreational experiences and support resource protection, including:
(I) Trail and river feature construction, maintenance, and planning;
(II) Signage;
(III) Bathroom facilities, parking, or other physical infrastructure;
(d) Outdoor recreation visitor management, including signage, public education, field and interpretive staffing, visitor and community safety, wildlife, and natural or cultural resource protection;
(e) Increasing equity and accessibility in the outdoors, including but not limited to, field ambassadors, interpretive staffing, adaptive outdoor recreation infrastructure, equipment, and programs; and
(f) Outdoor recreation and conservation analysis and planning, including data procurement and analysis, needs assessments, and data-oriented coordination or information sharing across associated federal, local, private, and state planning efforts.
(3) The division may seek, accept, and expend gifts, grants, and donations; loans of money; or aid in any form from private or public sources for the purposes of this section. The division shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
Source: L. 2025: Entire section added, (HB 25-1215), ch. 312, p. 1632, � 10, effective May 30.
Cross references: For the legislative declaration in HB 25-1215, see section 1 of chapter 312, Session Laws of Colorado 2025.