Senate approves Enterprise Status for DOW

Senate approves Enterprise Status for DOW

Mar. 29, 2001

BY THE COLORADO DIVISION OF WILDLIFE

DENVER — The Colorado Senate approved Enterprise Status for the Colorado Division of Wildlife Tuesday, allowing the agency to be excluded from spending and revenue restrictions under the TABOR Amendment to the state Constitution. House Bill 1012 had previously been approved by the Colorado House of Representatives and now goes to Governor Bill Owens, who is expected to sign it into law.

The Division budget will still be reviewed and approved by the Legislature and license fee increases will still require Legislative approval as well. However, Enterprise status will allow the agency’s Wildlife Cash Fund to grow outside the restrictions established when TABOR was approved in 1992.

The agency receives no state general fund money and instead relies on license fees, federal excise taxes on hunting and fishing equipment and lottery money through Great Outdoors Colorado.

"This legislation is important because our revenue stream and expenditures are more vulnerable to factors other agencies don’t have to deal with such as weather and disease in wildlife herds," said Division Director Russ George. "TABOR placed arbitrary limits on the agency that didn’t take these factors into account.

"We need to be able to increase the amount of money in our reserves in good times so we’re prepared if bad weather or disease does occur." The bill drew strong bipartisan support from a wide variety of constituent groups. It was sponsored by Rep. Joe Stengel (R-Littleton) and Sen. Jim Dyer, (D-Durango).

"Approval of this legislation shows that the Legislature thinks that the Division is doing a good job," Stengel said. "I believe this will energize the Division and people will see that treating the agency as a business will result in good things for wildlife."

Stengel emphasized that the broad support HB 1012 drew in testimony before House and Senate committees was critical to the bills passage.

"This wouldn’t have happened without all these groups supporting it," he said. Stengel focused special praise on Director Russ George who served as Speaker of the House during the past two legislative sessions. "Had he not been the director, this would not have happened," Stengel said.

"The Division has gotten a bad rap over the years, and the agency has worked to correct problems when they have occurred," he said. "Of all the agencies in the state, the Division is run the best. It’s now up to the agency to show what it can do."

Dyer also said George’s leadership was critical and he praised Stengel as well. "Joe deserves credit for getting this approved unanimously in the House without any amendments," Dyer said. "Having Russ George as Division director was extremely important."

Dyer noted that the idea of granting enterprise status for the Division had been talked about for years. In fact, a similar bill had been introduced by Stengel last year. Enterprise status for the Division was also discussed by a legislative interim committee last summer. That committee included Stengel and Dyer as members.

"Everything came together including the interim committee, constituent support and Russ George coming on as Division director," Dyer said. "We’ve heard over and over again that government needs to be run more like a business and this bill speaks directly to that sentiment," Dyer said. "The Division of wildlife and its customers, which includes all of us, will no see the positive side of this."

TABOR limits the growth of state government to a combination of inflation and population growth. But the constitutional amendment, approved by voters in 1992, also allows some state agencies to be excluded if they are cash funded and meet other requirements. The Division’s budget is $88 million, with $55 million from license fees, $13 million from federal excise taxes and the remainder from lottery funds, interest on cash reserves and other grants and donations.