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Bill Detail: HB19-1026

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Title Parks And Wildlife Violations Of Law
Status House Committee on Finance Refer Unamended to Appropriations (01/28/2019)
Bill Subjects
  • Natural Resources & Environment
House Sponsors M. Catlin (R)
J. McCluskie (D)
Senate Sponsors D. Coram (R)
K. Donovan (D)
House Committee Rural Affairs and Agriculture
Senate Committee
Date Introduced 01/04/2019
Description

With regard to fines imposed for violations of laws enforced by the
division of parks and wildlife in the department of natural resources
(division), the bill changes the amount of certain fines and modifies the
disposition of money collected from fines.
Section 1 of the bill adds a nonstatutory short title.
Section 2 makes legislative findings.

Under current law, the state treasurer is required to credit half of
the money collected from a fine imposed for a violation of laws enforced
by the division to the general fund and half of the money to either the
fund administered by the division that is relevant to the type of violation
committed, if a parks and wildlife officer issued the citation, or to the
local government or other state agency whose law enforcement officer
issued the citation. Sections 4, 23, 31, and 35 modify the disposition of
fines collected as follows:
  • If a parks and wildlife officer issues a citation for a fine,
the state treasurer is required to credit all of the money
collected from the associated fine to the fund administered
by the division that is relevant to the type of violation
committed; or
  • If any other Colorado peace officer issues a citation for a
fine, the state treasurer is required to credit half of the
money collected from the associated fine to the fund
administered by the division that is relevant to the type of
violation committed and half of the money to the local
government or other state agency whose law enforcement
officer issued the citation.
The remaining sections change the amounts of fines for violations
of laws enforced by the division as follows:
  • Sections 3 and 34 increase the fine for a violation of a rule
for which there is not an associated statutory penalty listed
from $50 to $100;
  • Section 5 increases the following fines from $50 to $100:
Procuring or using multiple licenses of the same type,
possessing live wildlife without a license, fishing without
a license, and hunting without having obtained a hunter
education certificate;
  • Section 6 modifies the fines for unlawfully possessing fish,
mollusks, crustaceans, amphibians, or reptiles so that the
fine is $35 for each such animal taken or possessed at one
time;
  • Section 7 increases the fine from $50 to $150 for refusing
to allow an officer of the division or other peace officer to
inspect personal identification documents, licenses,
firearms, records, or wildlife and increases the fine from
$50 to $100 for failing to void a license or carcass tag as
required by the parks and wildlife commission
(commission) by rule;
  • Section 8 increases the fine for unlawfully transporting,
exporting, importing, or releasing native wildlife from $50
to $200;

  • Section 9 increases the fines for failing to attempt to locate
big game that has been wounded from $100 to $200 and for
using wildlife as bait from $100 to $200;
  • Section 10 increases the fine from $50 to $100 for failing
to wear fluorescent pink or daylight fluorescent orange
garments while hunting elk, deer, pronghorn, moose, or
black bear with a firearm;
  • Section 11 increases the fine for possessing a loaded
firearm in a motor vehicle from $50 to $100;
  • Section 12 increases the fine for shooting from a public
road from $50 to $100;
  • Section 13 increases the fine for using division property in
violation of any commission rule from $50 to $100;
  • Section 14 increases the fine for knowingly luring a bear
with food or edible waste from $100 to $200 for a first
offense, $500 to $1,000 for a second offense, and $1,000 to
$2,000 for a third or subsequent offense;
  • Section 15 authorizes the commission, by rule, to allow for
the possession, importation, exportation, shipment, or
transportation of an aquatic nuisance species;
  • Section 16 exempts from the prohibition against
transferring park passes the transfer of a park pass pursuant
to a commission rule regarding the manner by which a pass
may be transferred;
  • Section 17 increases the fine from $50 to $100 for using or
possessing certain vessels that have not been issued a
number;
  • Section 18 increases the fine for violating certain personal
watercraft equipment requirements from $50 to $100;
  • Section 19 increases the fine for violating the minimum
age requirements for operating a motorboat from $50 to
$100;
  • Section 20 increases the fine from $50 to $100 for
operating a vessel: That is not properly equipped, in excess
of noise restrictions, above wakeless speed, in violation of
any commission rule, or, with respect to personal
watercraft only, between 1/2 hour after sunset and 1/2 hour
before sunrise. Section 20 also increases the fine for
operating a vessel in a careless or imprudent manner from
$100 to $200.
  • Section 21 increases the fine from $100 to $200 for
operating water skis or similar devices in a careless manner
or operating a vessel towing water skis or a similar device
in a manner as to cause the device or person on the device
to collide with or strike an object or person. Section 21 also
requires a person on a stand-up paddleboard to have a
readily accessible personal flotation device and increases
the fine from $50 to $100 for failing to wear a personal
flotation device on water skis or similar devices, violating
commission rules regarding the safe operation of water skis
or similar devices, or violating commission rules
prohibiting the use of single-chambered air-inflated devices
on rivers or streams under certain conditions.
  • Sections 22, 24 through 27, and 29 increase the fines for
various snowmobile operational violations from $50 to
$100;
  • Section 28 increases the fine for operating a snowmobile
in a careless or imprudent manner from $100 to $200.
Section 28 also increases the fine from $50 to $100 for a
snowmobile owner who, while the owner's snowmobile is
under the owner's control, allows another to operate the
snowmobile in a careless or imprudent manner, in a manner
in wanton or willful disregard for safety, or under the
influence of alcohol or a controlled substance.
  • Section 30 increases the fine for operating an unnumbered,
unregistered off-highway vehicle (OHV) from $50 to $100.
Section 30 also increases the fine from $35 to $100 for
operating a nonresident-owned or -operated OHV that does
not have a valid license or registration from another state or
has been in this state for more than 30 days but for which
a permit has not been issued.
  • Section 32 increases the fine for operating an OHV in
violation of road crossing restrictions from $50 to $100;
  • Section 33 increases the fine for operating an OHV without
obtaining and displaying an off-highway use permit from
$50 to $100;
  • Section 36 increases the fine for unlawful camping from
$50 to $100 if the person is camping in an area located in
a state park or state recreation area that is not designated
for camping and adds a fine in an amount equal to 5 times
the cost of a permit for a campsite if the person is camping
at a campsite without having obtained a valid permit;
  • Section 37 increases the fine from $50 to $100, with
respect to a motor vehicle or vessel on property under the
control of the division, for the following activities:
Operating or parking outside of designated areas, in excess
of posted speed limits; parking in a manner that impedes
the normal flow of traffic; leaving a motor vehicle or vessel
unattended for more than 24 hours; or operating or parking
a motor vehicle without having first purchased a required
pass or permit; and
  • Section 38 adds a conforming amendment.

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