Amendments for SB25-168
Senate Journal, March 7
After consideration on the merits, the Committee recommends that SB25-168 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 4, after line 19 insert:
"SECTION 3. In Colorado Revised Statutes, 33-6-110, amend (1)
introductory portion, (1)(a), and (1)(b) as follows:
33-6-110. Division action to recover possession and value of wildlife
unlawfully taken. (1) The division may bring and maintain a civil action
against any person, in the name of the people of the state, to recover possession
or value or both possession and value of any wildlife taken in violation of
articles 1 to 6 of this title TITLE 33. A writ of replevin may issue in such an
action without bond. No previous demand for possession shall be necessary. If
ANY costs or damages are adjudged in favor of the defendant the same shall be
paid out of the wildlife cash fund. Neither the pendency of such civil action nor
a criminal prosecution for the same taking shall be a bar to the other; nor shall
anything in this section affect the right of seizure under other provisions of
articles 1 to 6 of this title TITLE 33. The following shall be considered the
minimum value of the wildlife unlawfully taken or possessed and may be
recovered in addition to recovery of possession of the wildlife:
(a) For each eagle, member of an endangered species LISTED PURSUANT
TO SECTION 33-2-105 OR THE FEDERAL "ENDANGERED SPECIES ACT OF 1973",
16 U.S.C. SEC. 1531 ET SEQ., rocky mountain goat, moose, rocky mountain
bighorn sheep, or lynx .................... $1,000
(b) For each elk or member of a threatened species or subspecies LISTED
PURSUANT TO SECTION 33-2-105 OR THE FEDERAL "ENDANGERED SPECIES ACT
OF 1973", 16 U.S.C. SEC. 1531 ET SEQ., .................... $700".
Renumber succeeding sections accordingly.
Page 4, line 25, strike "ACCORDING TO STATE LAW" and substitute "PURSUANT
TO SECTION 33-2-105".
Page 5, lines 4 and 5, strike "and 33-6-113.2".
Page 5, line 7, strike "- definition." and substitute "- investigations and
surveys of trafficked wildlife - definition - appropriation.".
Page 6, line 11, strike "UNDER COLORADO LAW;" and insert "PURSUANT TO
SECTION 33-2-105;".
Page 6, after line 22 insert:
"(7) THE DIVISION SHALL CONDUCT INVESTIGATIONS OF AND SURVEYS
OF COMMONLY TRAFFICKED WILDLIFE TO COLLECT INFORMATION AND DATA
RELATED TO POPULATION, DISTRIBUTION, AND OTHER ECOLOGICAL DATA IN
ORDER TO DETERMINE APPROPRIATE CONSERVATION, MANAGEMENT, AND LAW
ENFORCEMENT MEASURES.".
Renumber succeeding subsection accordingly.
Page 6, strike lines 26 and 27 and insert:
"(9) THE GENERAL ASSEMBLY SHALL APPROPRIATE SUFFICIENT MONEY
TO IMPLEMENT THIS SECTION FROM THE WILDLIFE CASH FUND CREATED IN
SECTION 33-1-112; EXCEPT THAT MONEY IN THE WILDLIFE CASH FUND FROM THE
SALE OF HUNTING AND FISHING LICENSES OR FROM ASSOCIATED FEDERAL
GRANTS IS NOT AVAILABLE FOR APPROPRIATION TO IMPLEMENT THIS SECTION.".
Page 7, strike lines 1 through 4.
Page 7, line 10, strike "ACCORDING TO STATE LAW" and substitute "PURSUANT
TO SECTION 33-2-105".
Page 7, strike lines 20 through 26 and substitute:
"SECTION 7. Act subject to petition - effective date - applicability.
(1) This act takes effect July 1, 2026; except that, if a referendum petition is
filed pursuant to section 1 (3) of article V of the state constitution against this
act or an item, section, or part of this act within the ninety-day period after final
adjournment of the general assembly, then the act, item, section, or part will not
take effect unless approved by the people at the general election to be held in
November 2026 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
(2) This act applies to offenses committed on or after the applicable
effective date of this act.".
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