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s_sa_2016a_2016-05-04t13:32:59z5 Hearing Summary

Date: 05/04/2016



Final

BILL SUMMARY for HB16-1341



SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS


Votes: View--> Action Taken:
Postpone House Bill 16-1341 indefinitely using a r

Refer House Bill 16-1341 to the Committee of the W
PASS

FAIL







03:48 PM -- HB16-1341



Senator Ulibarri, presented House Bill 16-1341 to the committee and presented a handout (Attachment C). The reengrossed bill prohibits the sale or purchase of any covered animal species part or product with certain exceptions. Guns, knives, and musical instruments are exempt from the provisions of the bill. Covered animals include elephants, rhinoceroses, tigers, lions, leopards, cheetahs, pangolins, marine turtles, sharks, and rays.



16SenateState0504AttachC.pdf16SenateState0504AttachC.pdf



A first conviction is an unclassified misdemeanor subject to a fine of $3,000 to $5,000, or an amount equal to twice the total value of the animal species part or product involved in the offense, whichever is greater. A second or subsequent conviction is an unclassified felony subject to a fine of $5,000 to $25,000, or an amount equal to three times the total value of the covered animal species part or product involved in the offense, whichever is greater. Upon conviction, the covered animal species part or product involved in the offense is forfeited, the value assessed for determining the penalty, and destroyed or donated to an educational or scientific institution. The person or entity convicted is required to pay the costs of prosecution in addition to the fines imposed.



A person or entity has an affirmative defense if the animal species part or product is:



a fixed component of an antique product under certain circumstances;

in compliance with all federal laws regulating the covered animal species part or product;

transferred through inheritance;

expressly authorized by federal law or permit; or

bought or sold by a law enforcement official operating in an official capacity.



Wildlife officers in Colorado Parks and Wildlife in the Department of Natural Resources may enforce the provisions of the bill and may be assisted by other peace officers that include sheriffs, police officers, the Colorado State Patrol, Colorado Bureau of Investigation, district attorneys, and parks and recreation officers. The bill also requires a court to award the costs of prosecution and fines in favor of the state, prosecuting attorney or local law enforcement agency.



03:54 PM --
Dr. Roberta Mancuso, representing Girl Scout Troop 4646, testified in support of the bill.



03:55 PM --
Maribel Brannan, representing Girl Scout Troop 4646, testified in support of the bill.



03:57 PM --
Ashley Anderson, representing Girl Scout Troop 4646, testified in support of the bill.



03:59 PM --
Clair Kozin, representing Girl Scout Troop 4646, testified in support of the bill.



04:01 PM --
Kristal Parks, representing herself, testified in support of the bill.



04:05 PM --
Abigail Weeks, representing herself, testified in support of the bill.



04:08 PM --
Jay Tutchon, representing Defenders of Wildlife, testified in support of the bill.



04:12 PM --
Steve Schreiner, representing the Firearms Coalition of Colorado, testified against the bill.



04:16 PM --
Dr. Janet Rumfelt, representing Ivory Free Colorado, testified in support of the bill.



04:20 PM --
Eris Brianna Caver, representing herself, testified in support of the bill.



04:24 PM --
Tracie Bennitt, representing herself, testified against the bill.



04:27 PM --
Reverend Peter Sawtell, representing EcoJustice Ministries, testified in support of the bill.



04:31 PM --
Aubyn Royall, representing the Humane Society of the U.S., testified in support of the bill.



04:33 PM --
Bob Broschied, Director of Colorado Parks & Wildlife, testified on the bill.



04:35 PM --
Terry Zundel, representing AAPS, testified in support of the bill.



04:37 PM --
Candace Crespi, representing Oceanic Preservation Society, testified in support of the bill.





04:41 PM



Senator Ulibarri wrapped up his presentation to the committee.

BILL: HB16-1341
TIME: 04:41:44 PM
MOVED: Jones
MOTION: Refer House Bill 16-1341 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Hill
No
Jones
Yes
Ulibarri
Yes
Sonnenberg
No
Scott
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL






BILL: HB16-1341
TIME: 04:46:51 PM
MOVED: Sonnenberg
MOTION: Postpone House Bill 16-1341 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Hill
Yes
Jones
No
Ulibarri
No
Sonnenberg
Yes
Scott
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS














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