Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-0884.01 Christopher McMichael x4775
SENATE BILL 24-161
Senate Committees House Committees
Agriculture & Natural Resources
A BILL FOR AN ACT
C
ONCERNING PARKS AND WILDLIFE PRODUCTS , AND, IN CONNECTION101
THEREWITH, MODIFYING LOW-INCOME SENIOR AND DISABLED102
VETERAN ELIGIBILITY REQUIREM ENTS FOR CERTAIN LICENSES ;103
AUTHORIZING THE PARKS AND WILDLIFE COMMISSION TO104
ESTABLISH, BY RULE, A HARVEST PERMIT SURCHARGE ; AND105
ESTABLISHING PROCEDURES FOR HEARINGS CO NDUCTED BY THE106
COMMISSION FOR THE DENIAL , SUSPENSION, OR REVOCATION OF107
A RIVER OUTFITTER LICENSE.108
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
SENATE
Amended 2nd Reading
March 11, 2024
SENATE SPONSORSHIP
Pelton R. and Marchman,
HOUSE SPONSORSHIP
Lukens and Soper,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. http://leg.colorado.gov.)
The bill amends certain requirements and procedures related to
licenses and passes from the Colorado parks and wildlife commission
(commission).
The bill lowers the age threshold for senior annual fishing licenses
to 64 years of age and amends the definition of "low-income senior" for
the purposes of discounted parks and wildlife licenses. The bill also
lowers the disability level threshold for veterans with disabilities from
60% to 50% disability for the purpose of granting licenses to disabled
veterans. The bill also lowers the cost of the youth small game hunting
license and the youth big game hunting license by 25 cents to account for
the inclusion of the backcountry search and rescue fund surcharge that is
added by the commission when the licenses are purchased.
The bill authorizes the commission to establish, by rule, a harvest
permit surcharge for the taking of small game when doing so is necessary
for the proper management of wildlife resources. The bill specifies that
revenues generated from the sale of keep Colorado wild passes may be
used for capital construction projects.
The bill establishes procedures for hearings conducted by the
commission when a river outfitter license holder or applicant is alleged
to have committed a violation and when the applicant or license holder
may have their application or license denied, suspended, or revoked. The
bill authorizes a hearing officer to conduct hearings on behalf of the
commission in relation to the denial, suspension, or revocation of a river
outfitter license.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 33-1-102, amend2
(27.5) as follows:3
33-1-102. Definitions - rules. As used in this title 33, unless the4
context otherwise requires:5
(27.5) "Low-income senior" refers to an individual sixty-four6
years of age or older who shows proof of such fact to the division or7
license agent and who shows proof to the division or license agent in the
8
form of a federal or state income tax return from the immediately9
preceding calendar year that the federal taxable income of any such10
161-2- individual is at or below one hundred percent of the official poverty line1
for an individual or a family, as appropriate to the applicant, defined by2
the federal office of management and budget based on federal bureau of3
the census data. If said tax return is not available, a return for the year4
immediately preceding such year shall suffice. The division shall, for5
purposes of this subsection (27.5), inform license agents of the most6
current official poverty line in effect. If a person's income is at a level7
where such person is not required to file an income tax return, such8
individual shall sign a statement under penalty of perjury in the second9
degree to such effect, which statement shall be prescribed by the division10
and kept as required by the division with the record of sale of any license11
pursuant to section 33-4-102 (1.4)(v). No such affidavit shall be required12
to be notarized MEETS THE INCOME ELIGIBILITY REQUIREMENTS13
ESTABLISHED BY THE COMMISSION BY RULE .14
SECTION 2. In Colorado Revised Statutes, 33-4-102, amend15
(1.4)(e), (1.4)(v)(I), (1.4)(w), (1.4)(x), and (1.6)(b); and add (1.5)(c) as16
follows:17
33-4-102. Types of licenses and fees - rules. (1.4) Except as18
otherwise provided in subsections (1.5) and (1.6) of this section, the19
division may issue the following resident and nonresident licenses and20
shall collect the following fees:21
Fees22
Resident Nonresident23
(e) Senior, ages24
sixty-five SIXTY-FOUR and25
older, annual fishing 8.00 Not available26
(v) (I) Resident low-income senior27
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-3- lifetime ANNUAL fishing 8.00 Not available1
(w) Youth big game (deer, elk,2
pronghorn) 14.00 each 100.00 each3
13.75 EACH 99.75 EACH4
(x) Youth small game hunting 1.25 1.00 1.25 1.005
(1.5) (c) E
XCEPT FOR THE SENIOR ANNUAL FISHING LICENSE ,6
RESIDENT LOW-INCOME FISHING LICENSE, YOUTH BIG GAME HUNTING7
LICENSE, ANNUAL COLORADO WILDLIFE HABITAT STAMP , LIFETIME8
C
OLORADO WILDLIFE STAMP, AND THE MIGRATORY WATERFOWL STAMP9
ISSUED IN ACCORDANCE WITH SUBSECTIONS (1.4) AND (1.5)(b) OF THIS10
SECTION, THE COMMISSION MAY, BY RULE, ASSESS A HARVEST PERMIT11
SURCHARGE IN AN AMOUNT NOT TO EXCEED FIVE DOLLARS FOR EACH12
SPECIES THAT MAY BE TAKEN UNDER ANY LICENSE LISTED IN SUBSECTIONS13
(1),
(1.4), AND (1.5)(b) OF THIS SECTION THAT IS SOLD BY THE DIVISION OR14
ONE OF ITS LICENSE AGENTS PURSUANT TO SECTION 33-4-101 WHEN, AS15
DETERMINED BY THE COMMISSION BY RULE , DOING SO IS NECESSARY FOR16
THE PROPER MANAGEMENT OF THE DIVISION OR IS OTHERWISE BENEFICIAL17
TO THE MANAGEMENT OF STATE WILDLIFE RESOURCES .18
(1.6) (b) (I) For a fee or surcharge described in articles 1 to 6 of
19
this title 33, the commission may, by rule, adjust the fee or surcharge by20
an amount up to the total amount reflected by the annual percentage21
change in the United States department of labor's bureau of labor statistics22
consumer price index for Denver-Aurora-Lakewood for all items and all23
urban consumers, or its applicable predecessor or successor index. The24
adjustment is not effective until the commission notifies the joint budget25
committee of the adjustment.26
(II) (A) F
OR A FEE FOR RESIDENT AND NONRESIDENT LICENSES
27
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-4- DESCRIBED IN SECTION (1.4) OF THIS SECTION, THE COMMISSION MAY, BY1
RULE, ADJUST THE FEE BY AN AMOUNT UP TO THE TOTAL AMOUNT2
REFLECTED BY THE ANNUAL PERCENTAGE CHANGE IN THE UNITED STATES3
DEPARTMENT OF LABOR 'S BUREAU OF LABOR STATISTICS CONSUMER4
PRINCE INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL5
URBAN CONSUMERS, OR ITS SUCCESSOR INDEX.6
(B) I
F THE COMMISSION ADJUSTS A FEE IN ACCORDANCE WITH
7
SUBSECTION (1.6)(b)(II)(A) OF THIS SECTION, THE COMMISSION SHALL8
BASE THE ADJUSTMENT ON THE PRICES FOR FEES AS THOSE PRICES WERE9
ESTABLISHED BY SENATE BILL 18-143, AS ENACTED IN 2018, AND10
DESCRIBED IN SUBSECTION (1.4) OF THIS SECTION.11
(C) T
HE FEE ADJUSTMENT DESCRIBED IN THIS SUBSECTION
12
(1.6)(b)(II)
IS NOT EFFECTIVE UNTIL THE COMMISSION NOTIFIES THE JOINT
13
BUDGET COMMITTEE OF THE ADJUSTMENT .14
SECTION 3. In Colorado Revised Statutes, 33-4-104, amend15
(3)(b) as follows:16
33-4-104. Free licenses issued - members or veterans of armed17
forces - when - rules - definition. (3) (b) For the purposes of AS USED18
IN this subsection (3), "disabled veteran" means an individual who is a19
resident, as defined in section 33-1-102 (38); has served on active duty in20
the armed forces; has been separated therefrom FROM THE ARMED FORCES21
under honorable conditions; and has established to the division of parks22
and wildlife the presence of a service-connected disability which has been23
rated by the veterans administration at sixty FIFTY percent or more24
through disability retirement benefits or a pension because of a public25
statute administered by the veterans administration or the department of26
the Army, Navy, or Air Force.27
161
-5- SECTION 4. In Colorado Revised Statutes, 33-4-117, amend (1)1
and (4) as follows:2
33-4-117. Youth and young adult licenses - terminally ill3
hunters - special restrictions and privileges - rules. (1) A person under4
eighteen years of age may obtain a youth small game hunting license,5
issued pursuant to FOR THE FEE SPECIFIED IN section 33-4-102 (1.4)(x),6
upon showing a hunter education certificate as required by section7
33-6-107 (8). The fee for the license, as established in section 33-4-1028
(1.4)(x), includes the backcountry search and rescue fund surcharge9
imposed under section 33-1-112.5 (2)(a).10
(4) Youth big game licenses, entitling the holder to hunt deer, elk,11
or pronghorn, may be purchased by persons who are at least twelve years12
of age but under eighteen years of age for the fees specified in section13
33-4-102 (1.4)(w). Said fees include the backcountry search and rescue14
fund surcharge imposed under section 33-1-112.5 (2)(a). Persons under15
sixteen years of age hunting deer, elk, or pronghorn must be accompanied16
by a person eighteen years of age or older as required by section 33-6-10717
(4).18
SECTION 5. In Colorado Revised Statutes, 33-10-107, amend19
(1) introductory portion and (1)(h) as follows:20
33-10-107. Powers of commission - rules - definitions. (1) The21
commission has power to MAY:22
(h) Establish by rule the amounts of fees for certificates, permits,23
licenses, and passes and any other special charges in order to provide for24
cash revenues necessary for the continuous operation of the state park and25
recreation system, subject to section 33-10-115; except that such fees26
shall not be used for capital construction other than controlled27
161
-6- maintenance activities, Except as provided in section 33-10-111 (1),1
EXCEPT FOR REVENUES GENERATED FROM THE SALE OF KEEP COLORADO2
WILD PASSES CREATED IN SECTION 33-12-108. Fees and charges collected3
pursuant to this subsection (1)(h) shall be credited to the parks and4
outdoor recreation cash fund created in ACCORDANCE WITH section5
33-10-111 (1).6
SECTION 6. In Colorado Revised Statutes, 33-32-108, amend7
(3)(a)(III)(B) as follows:8
33-32-108. Enforcement. (3) (a) (III) (B) Any hearing conducted9
pursuant to this subparagraph (III) SUBSECTION (3)(a)(III) shall be in10
accordance with article 4 of title 24, C.R.S. SECTION 33-32-109 (3) AND11
(4).12
SECTION 7. In Colorado Revised Statutes, 33-32-109, amend13
(1) introductory portion, (1)(d), (3), and (4) as follows:14
33-32-109. Denial, suspension, or revocation of license -15
disciplinary actions. (1) The commission,
IN ACCORDANCE WITH16
SUBSECTION (3) OF THIS SECTION, may deny, suspend, or revoke a river17
outfitter license, place a licensed river outfitter on probation, or issue a18
letter of admonition to a licensed river outfitter if the applicant or
LICENSE19
holder:20
(d) Violates any provision of law regulating the practice of river21
outfitting in another jurisdiction if such violation resulted in disciplinary22
action against the applicant or
LICENSE holder. Evidence of such23
disciplinary action shall be
CONSIDERED prima facie evidence for the24
possible denial,
SUSPENSION, OR REVOCATION of a license or other25
disciplinary action in this state if the violation resulting in the disciplinary26
action in such other jurisdiction would be grounds for disciplinary action27
161
-7- in this state.1
(3) (a) (I) Any proceeding to deny, suspend, or revoke a license2
granted under this article ARTICLE 32 or to place a licensee on probation3
shall be
CONDUCTED pursuant to sections 24-4-104 and 24-4-105, C.R.S.
4
THIS SUBSECTION (3) AND SUBSECTION (4) OF THIS SECTION. Such5
proceeding may be conducted by an administrative law judge designated6
pursuant to part 10 of article 30 of title 24, C.R.S. A HEARING OFFICER7
DESIGNATED BY THE COMMISSION PURSUANT TO THIS SUBSECTION (3).8
(II) T
HE COMMISSION, WHEN BRINGING AN ACTION AGAINST A9
LICENSE HOLDER OR AN APPLICANT PURSUANT TO SUBSECTION (1) OF THIS10
SECTION, OR A HEARING OFFICER WHO HAS BEEN DELEGATED AUTHORITY11
BY THE COMMISSION, SHALL PROVIDE THE LICENSE HOLDER OR APPLICANT12
NOTICE OF THE ACTION. SUCH NOTICE MUST:13
(A) B
E SENT BY CERTIFIED MAIL, WITH A RETURN RECEIPT14
REQUESTED;15
(B) B
E SENT TO THE LAST-KNOWN ADDRESS OF THE LICENSE16
HOLDER OR APPLICANT;17
(C) S
TATE THE BASIS FOR THE ACTION UNDER SUBSECTION (1) OF18
THIS SECTION; AND19
(D) I
NCLUDE THE DATE AND LOCATION OF THE HEARING .20
(III) A
LICENSE HOLDER OR AN APPLICANT WHO RECEIVES A21
NOTICE FROM THE COMMISSION PURSUANT TO SUBSECTION (3)(a)(II) OF22
THIS SECTION SHALL BE GIVEN THE OPPORTUNITY TO APPEAR AND DISPUTE23
THE COMMISSION'S ALLEGATION AND DEMONSTRATE AT THE HEARING WHY24
THE LICENSE HOLDER'S LICENSE SHOULD NOT BE SUSPENDED OR REVOKED ,25
WHY THE LICENSE HOLDER SHOULD NOT BE PLACED ON PROBATION OR26
ISSUED A LETTER OF ADMONITION, OR WHY THE APPLICANT SHOULD NOT27
161
-8- BE DENIED A LICENSE.1
(b) (I) Any proceeding HEARING conducted pursuant to this2
subsection (3) shall be deemed final for purposes of judicial review. Any3
appeal of any such proceeding shall be made to the court of appeals4
pursuant to section 24-4-106 (11), C.R.S. CONDUCTED BY A HEARING5
OFFICER ON BEHALF OF THE COMMISSION . THE DIRECTOR SHALL APPOINT6
THE HEARING OFFICER, WHO MAY BE AN EMPLOYEE OF THE DIVISION .7
(II) A
NY HEARING CONDUCTED PURSUANT TO THIS SECTION SHALL8
BE HELD IN THE REGIONAL OR AREA OFFICE OF THE DIVISION NEAREST TO9
THE LAST-KNOWN RESIDENCE OF THE LICENSE HOLDER OR APPLICANT OR ,10
IN THE CASE OF A NONRESIDENT LICENSE HOLDER OR APPLICANT , IN SUCH11
OTHER LOCATION AS MAY BE DETERMINED BY THE DIVISION .12
(c) I
N CONDUCTING A HEARING PURSUANT TO THIS SUBSECTION (3),13
THE HEARING OFFICER MAY ADMINISTER OATHS AND AFFIRMATIONS , ISSUE14
SUBPOENAS FOR THE ATTENDANCE OF WITNESSES OR THE PRODUCTION OF15
DOCUMENTS, AND APPLY TO A DISTRICT COURT WITH PROPER JURISDICTION16
FOR THE ENFORCEMENT OF THOSE SUBPOENAS . THE HEARING OFFICER IS17
NOT SUBJECT TO PART 10 OF ARTICLE 30 OF TITLE 24.18
(d) T
HE HEARING OFFICER'S DETERMINATION IN THE HEARING19
SHALL BE SENT TO THE LICENSE HOLDER OR APPLICANT BY CERTIFIED20
MAIL, WITH A RETURN RECEIPT REQUESTED, TO THE LICENSE HOLDER'S OR21
APPLICANT'S LAST-KNOWN ADDRESS WITHIN THIRTY DAYS AFTER THE22
CONCLUSION OF THE HEARING.23
(e) A
LICENSE HOLDER OR AN APPLICANT MAY APPEAL THE24
HEARING OFFICER'S DETERMINATION TO THE COMMISSION BY FILING A25
NOTICE OF APPEAL WITH THE COMMISSION WITHIN THIRTY -FIVE DAYS26
AFTER NOTICE OF THE HEARING OFFICER 'S DETERMINATION IS SENT IN27
161
-9- ACCORDANCE WITH SUBSECTION (3)(d) OF THIS SECTION.1
(4) (a) The commission may deny an application for a river2
outfitter license or a renewal of a river outfitter's OUTFITTER license if the3
LICENSE HOLDER OR applicant:4
(I) Does not meet the requirements specified in section 33-32-1055
or 33-32-106;
OR6
(II) C
OMMITS AN ACT DESCRIBED IN SUBSECTION (1) OF THIS7
SECTION.8
(b) I
F THE COMMISSION DENIES AN APPLICATION FOR A RIVER9
OUTFITTER LICENSE OR AN APPLICATION FOR A RENEWAL OF A RIVER10
OUTFITTER LICENSE, THE LICENSE HOLDER OR APPLICANT MAY REQUEST A11
HEARING IN ACCORDANCE WITH SUBSECTION (3) OF THIS SECTION WITHIN12
SIXTY DAYS AFTER THE DATE THAT THE APPLICATION WAS DENIED BY THE13
COMMISSION.14
SECTION 8. Act subject to petition - effective date -15
applicability. (1) This act takes effect at 12:01 a.m. on the day following16
the expiration of the ninety-day period after final adjournment of the17
general assembly; except that, if a referendum petition is filed pursuant18
to section 1 (3) of article V of the state constitution against this act or an19
item, section, or part of this act within such period, then the act, item,20
section, or part will not take effect unless approved by the people at the21
general election to be held in November 2024 and, in such case, will take22
effect on the date of the official declaration of the vote thereon by the23
governor.24
(2) This act applies to licenses issued, applications submitted, and25
conduct occurring on or after January 1, 2025.26
161
-10-