Parks And Wildlife Violations Of Law

HB19-1026

Last Action: Signed by Governor 06/03/2019

Concerning fines assessed for violations of laws administered by the division of parks and wildlife.

SESSION: 2019 Regular Session

SUBJECT: Natural Resources & Environment

BILL SUMMARY

Parks and wildlife - increased fines - disposition of fines collected. 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 act changes the amount of certain fines and modifies the disposition of money collected from fines.

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 division officer issued the citation, or to the local government or other state agency whose law enforcement officer issued the citation. Sections 4, 24, 32, and 36 of the act 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.

Sections 3 and 35 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 fine for hunting, trapping, or fishing on private property or for unlawfully posting on or otherwise indicating that public land is privately owned land from $100 to $200.

Section 10 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 11 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 12 increases the fine for possessing a loaded firearm in a motor vehicle from $50 to $100.

Section 13 increases the fine for shooting from a public road from $50 to $100.

Section 14 increases the fine for using division property in violation of any commission rule from $50 to $100.

Section 15 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 16 authorizes the commission, by rule, to allow for the possession, importation, exportation, shipment, or transportation of an aquatic nuisance species.

Section 17 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 18 increases the fine from $50 to $100 for using or possessing certain vessels that have not been issued a number.

Section 19 increases the fine for violating certain personal watercraft equipment requirements from $50 to $100.

Section 20 increases the fine for violating the minimum age requirements for operating a motorboat from $50 to $100.

Section 21 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 21 also increases the fine for operating a vessel in a careless or imprudent manner from $100 to $200.

Section 22 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 22 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 23, 25 through 28, and 30 increase the fines for various snowmobile operational violations from $50 to $100.

Section 29 increases the fine for operating a snowmobile in a careless or imprudent manner from $100 to $200. Section 29 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 31 increases the fine for operating an unnumbered, unregistered off-highway vehicle (OHV) from $50 to $100. Section 31 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 33 increases the fine for operating an OHV in violation of road crossing restrictions from $50 to $100.

Section 34 increases the fine for operating an OHV without obtaining and displaying an off-highway use permit from $50 to $100.

Section 37 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 38 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 or 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.

(Note: This summary applies to this bill as enacted.)

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