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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0587.01 JLB SENATE BILL 98­144

STATE OF COLORADO

BY SENATOR Rupert;

also REPRESENTATIVE Udall.

AGR., NATURAL RESOURCES & ENERGY

A BILL FOR AN ACT

CONCERNING A REDUCTION OF INCENTIVES TO KILL DEPREDATING ANIMALS.

Bill Summary

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

Eliminates the $1.00 bounty paid for each coyote killed, the $2.00 bounty paid for each wolf killed, and provisions related to the claiming of any such bounty. States that any depredating animal killed because it posed a threat to an agricultural product or resource remains the property of the division of wildlife.

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

SECTION 1.  35­40­101 (1), Colorado Revised Statutes, is amended to read:

35­40­101.  Powers and duties of the commissioner ­ rules and regulations ­ agreements. (1)  It is the duty of the commissioner to control depredating animals within the state of Colorado to reduce economic losses to agricultural products or resources, except as otherwise set forth in subsection (4) of this section AND THIS SUBSECTION (1). The commissioner has exclusive jurisdiction, as described in this article, over the control of depredating animals; EXCEPT THAT ANY DEPREDATING ANIMAL KILLED UNDER THIS ARTICLE SHALL REMAIN THE PROPERTY OF THE DIVISION OF WILDLIFE IN THE DEPARTMENT OF NATURAL RESOURCES.

SECTION 2.  Repeal. 35­40­107, Colorado Revised Statutes, is repealed as follows:

35­40­107.  Bounty on coyote, wolf. Any person who kills any wolf, coyote, or any number of such animals within this state, shall receive a premium of one dollar for each coyote killed, and for each wolf killed two dollars, to be paid as provided in sections 35­40­107 to 35­40­112.

SECTION 3.  Repeal. 35­40­108, Colorado Revised Statutes, is repealed as follows:

35­40­108. Scalps produced, claimant. (1)Any person claiming any premium shall produce the scalps, including the entire ears, to the county treasurer of the county in which the wolf or coyote was killed, within three months after the killing, and shall take or subscribe the following oath (or affirmation) before the treasurer:

"I do solemnly swear (or affirm) that the scalp (or scalps) here produced by me this day is (or are) of a wolf, or coyote (as the case may be, giving number), within the county of .............. and that the said animal (or animals) was (or were) killed by .............. within the boundaries of the state of Colorado."

(2)  The treasurer shall append the usual jurat to such oath, subscribed by him as such officer.

SECTION 4.  Repeal. 35­40­109, Colorado Revised Statutes, is repealed as follows:

35­40­109. Bounties paid by state. All such bounties shall be paid by the state treasurer in the manner as provided in sections 35­40­107 to 35­40­112.

SECTION 5.  Repeal. 35­40­110, Colorado Revised Statutes, is repealed as follows:

35­40­110. Record of scalps delivered ­ warrant for payment. It is the duty of the county treasurer of each county wherein the wolf or coyote was killed to keep a suitable and separate book for recording the killings. He shall keep an accurate account of all scalps delivered together with the day and date of their receipt and the name of the person delivering the same and issue to the person delivering the scalps and complying with the provisions of sections 35­40­107 to 35­40­112 an order upon the controller for the amount due to such person. Upon receipt of said order the controller shall draw his warrant in favor of such person upon the treasurer of the state who shall pay the same out of moneys in the treasury not otherwise appropriated.

SECTION 6.  Repeal. 35­40­111, Colorado Revised Statutes, is repealed as follows:

35­40­111. Scalp taken out of state ­ penalty. Any person offering, for the purpose of obtaining said bounty, the scalp of any coyote or wolf that was killed outside of the boundaries of the state of Colorado, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than ten dollars nor more than fifty dollars for each such offense, together with all costs attending such suit.

SECTION 7.  Repeal. 35­40­112, Colorado Revised Statutes, is repealed as follows:

35­40­112. County treasurer to administer oath. Any county treasurer shall be authorized to administer oaths for the purposes of sections 35­40­107 to 35­40­112.

SECTION 8.  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.