First Regular Session

Sixty-first General Assembly

LLS NO. 97­0491.01 DHG HOUSE BILL 97­1073

STATE OF COLORADO

BY REPRESENTATIVE Udall

AGRICULTURE, LIVESTOCK

& NATURAL RESOURCES

A BILL FOR AN ACT

CONCERNING AN INCREASE IN THE PENALTIES FOR POACHING CERTAIN BIG GAME ANIMALS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Imposes surcharges, in addition to existing penalties, to be paid by persons convicted of the illegal taking or possession of certain big game species if the animals taken qualify as "trophy" animals under criteria set forth in the bill. Creates a new fund, the division of wildlife law enforcement equipment and training fund, to receive such surcharges and specifies the uses to which moneys from the fund may be put.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  33­6­109, Colorado Revised Statutes, 1995 Repl. Vol., is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read:

33­6­109.  Wildlife ­ illegal possession. (3.4)  IN ADDITION TO THE CRIMINAL PENALTIES LISTED IN SUBSECTION (3) OF THIS SECTION, THERE SHALL BE ASSESSED A SURCHARGE IN THE FOLLOWING AMOUNT FOR EACH OF THE FOLLOWING BIG GAME ANIMALS ILLEGALLY TAKEN OR POSSESSED:

(a)  FOR EACH BULL ELK WITH AT LEAST SIX POINTS ON ONE ANTLER BEAM, EIGHT THOUSAND DOLLARS;

(b)  FOR EACH MULE DEER BUCK WITH AN INSIDE ANTLER SPREAD OF AT LEAST TWENTY­TWO INCHES, FIVE THOUSAND DOLLARS;

(c)  FOR EACH WHITETAIL DEER BUCK WITH AN INSIDE ANTLER SPREAD OF AT LEAST TWENTY INCHES, FIVE THOUSAND DOLLARS;

(d)  FOR EACH BULL MOOSE, EIGHT THOUSAND DOLLARS;

(e)  FOR EACH BIGHORN SHEEP WITH A HORN LENGTH OF AT LEAST ONE­HALF CURL, TWENTY­FIVE THOUSAND DOLLARS;

(f)  FOR EACH MOUNTAIN GOAT, SIX THOUSAND DOLLARS;

(g)  FOR EACH PRONGHORN ANTELOPE WITH A HORN LENGTH OF AT LEAST FOURTEEN INCHES, TWO THOUSAND DOLLARS;

(h)  FOR EACH BLACK BEAR, FOUR THOUSAND DOLLARS;

(i)  FOR EACH MOUNTAIN LION, FIVE THOUSAND DOLLARS.

(3.6) (a)  ALL MONEYS COLLECTED PURSUANT TO SUBSECTION (3.4) OF THIS SECTION SHALL BE TRANSMITTED TO THE STATE TREASURER WHO SHALL CREDIT THE SAME TO THE DIVISION OF WILDLIFE LAW ENFORCEMENT EQUIPMENT AND TRAINING FUND, REFERRED TO IN THIS SUBSECTION (3.6) AS THE "FUND", WHICH FUND IS HEREBY CREATED. AT THE END OF EACH FISCAL YEAR, ALL MONEYS IN THE FUND IN EXCESS OF THREE HUNDRED THOUSAND DOLLARS SHALL BE TRANSFERRED TO THE WILDLIFE CASH FUND CREATED IN SECTION 33­1­112. ANY INTEREST EARNED ON THE INVESTMENT OR DEPOSIT OF MONEYS IN THE FUND SHALL REMAIN IN THE FUND AND SHALL NOT REVERT TO THE GENERAL FUND OF THE STATE AT THE END OF ANY FISCAL YEAR. NO INVESTMENT EARNINGS OR OTHER MONEYS IN THE FUND SHALL BE SUBJECT TO ANY MANAGEMENT FEE IMPOSED BY LAW FOR THE BENEFIT OF THE GENERAL FUND.

(b)  THE MONEYS IN THE FUND ARE HEREBY CONTINUOUSLY APPROPRIATED TO THE DIVISION FOR THE FOLLOWING PURPOSES EXCLUSIVELY:

(I)  EDUCATIONAL PROGRAMS ON WILDLIFE CRIME PREVENTION;

(II)  ACQUISITION AND DEVELOPMENT OF WILDLIFE CRIME DETECTION EQUIPMENT;

(III)  OPERATION AND MAINTENANCE OF ANTI­POACHING PROJECTS; AND

(IV)  WILDLIFE LAW ENFORCEMENT TRAINING.

(c)  THE DIVISION SHALL REPORT ANNUALLY TO THE GENERAL ASSEMBLY, AS PROVIDED IN SECTION 24­1­136 (9), C.R.S., ON ITS ACTIVITIES INVOLVING EXPENDITURES OF MONEYS FROM THE FUND.

SECTION 2.  Effective date ­ applicability. This act shall take effect July 1, 1997, and shall apply to violations of section 33­6­109 (3), Colorado Revised Statutes, committed on or after said date.

SECTION 3.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.