DENVER – A GOP-led attempt to crack down on eco-activists who might target oil and gas fields was swatted down by Democrats amid concerns it created a carve-out for the industry.
Senate Bill 35, which would have increased the penalty for attempts to “destroy, break, remove, or otherwise tamper“ with oil and gas equipment from a class 2 misdemeanor to a class 6 felony, was killed Wednesday by the House State, Veterans and Military Affairs Committee on a 6-3 party line vote.
The increase in penalty would result in vandals facing fines from $1,000- $100,000 and up to 18 months in prison. Rather than the $250- $1,000 fine and/or up to 1 year in prison carried by the misdemeanor charge.
This bill drew controversy earlier in the session on its way through the Senate as it extended the penalties to any attempt to “alter, obstruct, interrupt, or interfere” with oil and gas equipment. That was considered too broad by Democrats who were concerned it could be used to target protesters on public roadways whose actions obstructed an oil truck and impede First Amendment rights.
The provision was removed by the bill’s sponsor Sen. Jerry Sonneberg, R-Sterling, but SB 35 received only one Democratic vote in the Senate.
Sonneberg said the bill was inspired by images on social media and not at the request of the oil and gas industry.
This justification drew criticism during a February hearing for the bill.
“In the day of fake news I really don’t want my Legislators passing bills on what they saw on Facebook,” said Shavonne Blades, a magazine publisher from Erie.
That coupled with the single conviction for tampering with oil and gas equipment in the past three years led Democrats to question the need for the bill, and whether it was a special carve-out in law to protect an industry when other laws are applicable.
Rep. Mike Weissman, D-Aurora, on Wednesday listed a number of charges he felt would apply to individuals tampering with oil and gas equipment on private property, including arson, trespassing, reckless endangerment and littering.
“I think there are ample tools to discourage this kind of behavior, and for that reason I can’t support putting another felony on the books today,” Weissman said.
lperkins@durangoherald.com
