HOUSE
       Amended 2nd Reading
                        May 4, 2011First Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                  ENGROSSED
               This Version Includes All Amendments Adopted
             on Second Reading in the House of Introduction
 LLS NO. 11-0227.03 Kate Meyer           HOUSE BILL 11-1294
                    HOUSE SPONSORSHIP
 Brown,  Acree, Baumgardner, Bradford, Coram, Gardner B., Holbert, Joshi, Looper,
 Massey, McKinley, Murray, Sonnenberg
 
                   SENATE SPONSORSHIP
 White,  Cadman, Grantham, King K., King S., Roberts, Scheffel, Spence
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Agriculture, Livestock, & Natural Resources
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the authority of the division of wildlife in the
            department of natural resources to manage black
            bears.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted.  If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            In 1992, Colorado voters approved an initiated measure to place
       certain restrictions on the taking of black bears, including prohibiting the
       hunting of black bears between March 1 and September 1 of any year. 
       The bill repeals that restriction, thus restoring to the wildlife commission
       the authority to determine appropriate seasonal restrictions on the taking
       of black bears.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Legislative declaration.  (1)  The general assembly
       hereby finds and declares that:
            (a)  Amendment 10, approved in the 1992 general election, placed
       into statute specific restrictions on black bear hunting, thus reducing the
       regulatory flexibility needed by Colorado's administrative entities to
       ensure informed, current, and responsive wildlife management;
            (b)  Statistics show that the black bear population in Colorado has
       increased significantly since 1992;
            (c)  This explosion in the state's bear population is a significant
       public safety issue and overburdens the division of wildlife in the
       department of natural resources;
            (d)  Since the voters passed amendment 10 in 1992, Colorado
       citizens and property owners have submitted to the division of wildlife 
       more than 3,240 claims, totaling over $4.1 million, for bear-related
       property damage;
            (e)  The division of wildlife estimates that, in 2010, one field
       office alone spent 952 hours addressing over 230 reported conflicts
       between black bears and humans;
            (f)  The actual number of conflicts between black bears and
       humans is likely far higher than the number of conflicts reported to the
       division of wildlife;
            (g)  Questions regarding the taking of wildlife, including the
       appropriate length of a hunting season, the number of animals that may
       be taken, and restrictions on hunting practices, should involve game
       management experts in order to ensure a balance in the state's wildlife
       population;
            (h)  The division of wildlife and the Colorado wildlife commission
       in the department of natural resources possess the practical knowledge
       and institutional structure required to manage the state's wildlife
       populations;
            (i)  The division of wildlife and the wildlife commission need to
       have greater flexibility to address the burgeoning bear population; and
            (j)  It is therefore the general assembly's intent to restore to the
       wildlife commission the authority, as it existed prior to the passage of
       amendment 10, to determine the appropriate seasonal restrictions on the
       taking of black bears.
            SECTION 2.  33-4-101.3 (2), Colorado Revised Statutes, is
       amended to read:
            33-4-101.3.  Black bears - declaration of intent - spring season
       hunting prohibited - prohibited means of taking - penalty.  (2)  During
       the period from March 1 through September 1 May 31 of any calendar
       year, it is unlawful for any person to take a black bear by any means
       including but not limited to firearm or bow and arrow.
            SECTION 3.  Act subject to petition - effective date.  This act
       shall take effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly (August
       10, 2011, if adjournment sine die is on May 11, 2011); except that, if a
       referendum petition is filed pursuant to section 1 (3) of article V of the
       state constitution against this act or an item, section, or part of this act
       within such period, then the act, item, section, or part shall not take effect
       unless approved by the people at the general election to be held in
       November 2012 and shall take effect on the date of the official
       declaration of the vote thereon by the governor.