h_hie_2016a_2016-04-14t13:34:13z0 Hearing Summary

Date: 04/14/2016

01:36 PM -- HB 16-1341



Representative Ginal and Representative McCann, co-prime bill sponsors, presented House Bill 16-1341. Representative Ginal distributed two handouts (Attachments A and B). She referenced amendment L.001 (Attachment C).



160414 AttachA.pdf160414 AttachB.pdf160414 AttachC.pdf



House Bill 16-1341 prohibits the sale or purchase of any covered animal species part or product with certain exceptions. Covered animals include elephants, rhinoceroses, tigers, lions, leopards, cheetahs, pangolins, marine turtles, sharks, and rays.



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;
• a fixed component of a gun or knife under certain circumstances;
• part of a musical instrument under certain circumstances;
• 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 are required to enforce the provisions of the bill and may be assisted by other peace 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.



01:45 PM



Representative McCann and Representative Ginal answered questions from the committee.



02:00 PM -- Jay Tutchton, Defenders of Wildlife, testified in support of the bill. Mr. Tutchton answered questions from the committee.



02:20 PM -- Dr. Roberta Mancuso, Girl Scout Troop 4646, testified in support of the bill.



02:21 PM -- Maribel Brannan, Girl Scout Troop 4646, testified in support of the bill.



02:23 PM -- Clair Kozin, Girl Scout Troop 4646, testified in support of the bill.



02:24 PM



Ms. Brannan answered questions from the committee.



02:26 PM -- DeAnn Gehring, representing herself, testified in support of the bill.



02:27 PM -- Xander Browning, representing himself, testified in support of the bill.



02:29 PM -- Bryson Browning, representing himself, testified in support of the bill.



02:30 PM -- Riley Kessler, representing herself, testified in support of the bill.



02:31 PM -- Stella Gehring, representing herself, testified in support of the bill.



02:31 PM



Mr. Browning answered questions from the committee.



02:33 PM



Caroline Lacey, representing herself, testified in support of the bill.



02:35 PM -- James Burton, representing himself, testified in support of the bill. Mr. Burton answered questions from the committee.



02:42 PM -- Robin Tutchton, Eco-Action Club Cherry Creek High School, testified in support of the bill.



02:45 PM -- Caitlin Grant, representing herself, testified in support of the bill.



02:49 PM -- Aubyn Royall, Humane Society of the United States Colorado, testified in support of the bill.



02:51 PM -- Jacqueline Russell, Wildlife Direct, testified in support of the bill.



03:00 PM -- Dr. Janet Rumfelt, Ivory Free Colorado, testified in support of the bill.



03:04 PM -- Steve Schreiner, Firearms Coalition of Colorado, testified in opposition to the bill.



03:06 PM



Representative McCann and Mr. Schreiner answered questions from the committee.



03:13 PM -- Suzanne O'Neill, Colorado Wildlife Federation, testified in opposition to the bill. Ms. O'Neill answered questions from the committee.



03:17 PM



Representative Primavera referenced amendment L.002 (Attachment D).



160414 AttachD.pdf



03:18 PM



Ms. O'Neill answered additional questions from the committee.



03:19 PM -- Madalyn Crowley, Colorado Bowhunters Association, testified in opposition to the bill.



03:22 PM



Mr. Schreiner returned to the table to answer additional questions from the committee.



03:27 PM



Mr. Tunchton returned to the table to answer additional questions from the committee.



03:37 PM -- Denny Behrens, Big Game Forever, testified in opposition to the bill.



03:40 PM -- Rev. Roland Halpern, representing himself, testified in support of the bill. Rev. Halpern answered questions from the committee.



03:45 PM -- Kristal Parks, Pachyderm Power!, testified in support of the bill.



03:49 PM -- Hank Lacey, representing himself, testified in support of the bill.



03:56 PM -- Bob Broscheid, Colorado Division of Parks and Wildlife, testified on the bill.



04:01 PM -- Elisabeth Cortese, representing herself, testified on the bill. Ms. Cortese answered questions from the committee.



04:11 PM



Representative McCann answered questions from the committee.



04:13 PM -- Candace Crespi, representing herself, testified in support of the bill. She provided a handout (Attachment E) to the committee.



160414 AttachE.pdf



04:19 PM



Representative Ginal explained amendment L.001 and answered questions from the committee.



04:21 PM



Jane Ritter, Office of Legislative Legal Services, answered questions from the committee.

04:24 PM



Representative Ginal explained amendment L.002. Representative Ginal and Representative McCann answered questions from the committee.



04:26 PM



Clare Pramuk, Legislative Council Staff, answered questions from the committee. Committee discussion about amendment L.002 occurred.

04:31 PM



Representative Klingenschmitt explained amendment L.003 (Attachment F). Committee discussion about amendment L.003 ensued.



160414 AttachF.pdf

04:43 PM



Representative McCann and Representative Ginal made closing remarks about the bill.



04:47 PM



Committee members made comments about the bill.

04:59 PM



Committee recessed.