SENATE BILL 24-161
BY SENATOR(S) Pelton R. and Marchman, Buckner, Exum, Fields,
Michaelson Jenet, Priola, Will, Winter F.;
also REPRESENTATIVE(S) Lukens and Soper, Amabile, Bird,
Boesenecker, Brown, Catlin, Daugherty, Duran, Froelich, Hamrick,
Hartsook, Joseph, Lieder, Lindsay, Lindstedt, Mauro, McCormick, Story,
Titone, Valdez, Willford, Woodrow, Young, McCluskie.
C
ONCERNING PARKS AND WILDLIFE PRODUCTS , AND, IN CONNECTION
THEREWITH
, MODIFYING LOW -INCOME SENIOR AND DISABLED
VETERAN ELIGIBILITY REQUIREMENTS FOR CERTAIN LICENSES
;
AUTHORIZING THE PARKS AND WILDLIFE COMMISSION TO ESTABLISH ,
BY RULE, A HARVEST PERMIT SURCHARGE ; AND ESTABLISHING
PROCEDURES FOR HEARINGS CONDUCTED BY THE COMMISSION FOR
THE DENIAL
, SUSPENSION, OR REVOCATION OF A RIVER OUTFITTER
LICENSE
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 33-1-102, amend
(27.5) as follows:
33-1-102. Definitions - rules. As used in this title 33, unless the
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. context otherwise requires:
(27.5) "Low-income senior" refers to an individual sixty-four years
of age or older who shows proof of such fact to the division or license agent
and who shows proof to the division or license agent in the form of a
federal or state income tax return from the immediately preceding calendar
year that the federal taxable income of any such individual is at or below
one hundred percent of the official poverty line for an individual or a
family, as appropriate to the applicant, defined by the federal office of
management and budget based on federal bureau of the census data. If said
tax return is not available, a return for the year immediately preceding such
year shall suffice. The division shall, for purposes of this subsection (27.5),
inform license agents of the most current official poverty line in effect. If
a person's income is at a level where such person is not required to file an
income tax return, such individual shall sign a statement under penalty of
perjury in the second degree to such effect, which statement shall be
prescribed by the division and kept as required by the division with the
record of sale of any license pursuant to section 33-4-102 (1.4)(v). No such
affidavit shall be required to be notarized MEETS THE INCOME ELIGIBILITY
REQUIREMENTS ESTABLISHED BY THE COMMISSION BY RULE
.
SECTION 2. In Colorado Revised Statutes, 33-4-102, amend
(1.4)(e), (1.4)(v)(I), (1.4)(w), (1.4)(x), and (1.6)(b); and add (1.5)(c) as
follows:
33-4-102. Types of licenses and fees - rules. (1.4) Except as
otherwise provided in subsections (1.5) and (1.6) of this section, the
division may issue the following resident and nonresident licenses and shall
collect the following fees:
Fees
Resident Nonresident
(e) Senior, ages
sixty-five
SIXTY-FOUR and
older, annual fishing 8.00 Not available
PAGE 2-SENATE BILL 24-161 (v) (I) Resident low-income senior
lifetime ANNUAL fishing 8.00 Not available
(w) Youth big game (deer, elk,
pronghorn) 14.00 each
100.00 each
13.75 EACH 99.75 EACH
(x) Youth small game hunting 1.25 1.00 1.25 1.00
(1.5) (c) E
XCEPT FOR THE SENIOR ANNUAL FISHING LICENSE ,
RESIDENT LOW-INCOME FISHING LICENSE, YOUTH BIG GAME HUNTING
LICENSE
, ANNUAL COLORADO WILDLIFE HABITAT STAMP , LIFETIME
COLORADO WILDLIFE STAMP , AND THE MIGRATORY WATERFOWL STAMP
ISSUED IN ACCORDANCE WITH SUBSECTIONS
(1.4) AND (1.5)(b) OF THIS
SECTION
, THE COMMISSION MAY , BY RULE, ASSESS A HARVEST PERMIT
SURCHARGE IN AN AMOUNT NOT TO EXCEED FIVE DOLLARS FOR EACH SPECIES
THAT MAY BE TAKEN UNDER ANY LICENSE LISTED IN SUBSECTIONS
(1), (1.4),
AND (1.5)(b) OF THIS SECTION THAT IS SOLD BY THE DIVISION OR ONE OF ITS
LICENSE AGENTS PURSUANT TO SECTION
33-4-101 WHEN, AS DETERMINED BY
THE COMMISSION BY RULE
, DOING SO IS NECESSARY FOR THE PROPER
MANAGEMENT OF THE DIVISION OR IS OTHERWISE BENEFICIAL TO THE
MANAGEMENT OF STATE WILDLIFE RESOURCES
.
(1.6) (b) (I) For a fee or surcharge described in articles 1 to 6 of this
title 33, the commission may, by rule, adjust the fee or surcharge by an
amount up to the total amount reflected by the annual percentage change in
the United States department of labor's bureau of labor statistics consumer
price index for Denver-Aurora-Lakewood for all items and all urban
consumers, or its applicable predecessor or successor index. The adjustment
is not effective until the commission notifies the joint budget committee of
the adjustment.
(II) (A) F
OR A FEE FOR RESIDENT AND NONRESIDENT LICENSES
DESCRIBED IN SECTION
(1.4) OF THIS SECTION, THE COMMISSION MAY, BY
RULE
, ADJUST THE FEE BY AN AMOUNT UP TO THE TOTAL AMOUNT
REFLECTED BY THE ANNUAL PERCENTAGE CHANGE IN THE
UNITED STATES
DEPARTMENT OF LABOR
'S BUREAU OF LABOR STATISTICS CONSUMER PRICE
PAGE 3-SENATE BILL 24-161 INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL URBAN
CONSUMERS
, OR ITS SUCCESSOR INDEX.
(B) I
F THE COMMISSION ADJUSTS A FEE IN ACCORDANCE WITH
SUBSECTION
(1.6)(b)(II)(A) OF THIS SECTION, THE COMMISSION SHALL BASE
THE ADJUSTMENT ON THE PRICES FOR FEES AS THOSE PRICES WERE
ESTABLISHED BY
SENATE BILL 18-143, AS ENACTED IN 2018, AND DESCRIBED
IN SUBSECTION
(1.4) OF THIS SECTION.
(C) T
HE FEE ADJUSTMENT DESCRIBED IN THIS SUBSECTION
(1.6)(b)(II) IS NOT EFFECTIVE UNTIL THE COMMISSION NOTIFIES THE JOINT
BUDGET COMMITTEE OF THE ADJUSTMENT
.
SECTION 3. In Colorado Revised Statutes, 33-4-104, amend
(3)(b) as follows:
33-4-104. Free licenses issued - members or veterans of armed
forces - when - rules - definition. (3) (b) For the purposes of
AS USED IN
this subsection (3), "disabled veteran" means an individual who is a
resident, as defined in section 33-1-102 (38); has served on active duty in
the armed forces; has been separated therefrom
FROM THE ARMED FORCES
under honorable conditions; and has established to the division of parks and
wildlife the presence of a service-connected disability which has been rated
by the veterans administration at sixty FIFTY percent or more through
disability retirement benefits or a pension because of a public statute
administered by the veterans administration or the department of the Army,
Navy, or Air Force.
SECTION 4. In Colorado Revised Statutes, 33-4-117, amend (1)
and (4) as follows:
33-4-117. Youth and young adult licenses - terminally ill hunters
- special restrictions and privileges - rules. (1) A person under eighteen
years of age may obtain a youth small game hunting license, issued pursuant
to FOR THE FEE SPECIFIED IN section 33-4-102 (1.4)(x), upon showing a
hunter education certificate as required by section 33-6-107 (8). The fee for
the license, as established in section 33-4-102 (1.4)(x), includes the
backcountry search and rescue fund surcharge imposed under section
33-1-112.5 (2)(a).
PAGE 4-SENATE BILL 24-161 (4) Youth big game licenses, entitling the holder to hunt deer, elk,
or pronghorn, may be purchased by persons who are at least twelve years
of age but under eighteen years of age for the fees specified in section
33-4-102 (1.4)(w). Said fees include the backcountry search and rescue
fund surcharge imposed under section 33-1-112.5 (2)(a). Persons under
sixteen years of age hunting deer, elk, or pronghorn must be accompanied
by a person eighteen years of age or older as required by section 33-6-107
(4).
SECTION 5. In Colorado Revised Statutes, 33-10-107, amend (1)
introductory portion and (1)(h) as follows:
33-10-107. Powers of commission - rules - definitions. (1) The
commission has power to
MAY:
(h) Establish by rule the amounts of fees for certificates, permits,
licenses, and passes and any other special charges in order to provide for
cash revenues necessary for the continuous operation of the state park and
recreation system, subject to section 33-10-115; except that such
fees shall
not be used for capital construction other than controlled maintenance
activities, Except as provided in section 33-10-111 (1),
EXCEPT FOR
REVENUES GENERATED FROM THE SALE OF KEEP
COLORADO WILD PASSES
CREATED IN SECTION
33-12-108. Fees and charges collected pursuant to this
subsection (1)(h) shall be credited to the parks and outdoor recreation cash
fund created in ACCORDANCE WITH section 33-10-111 (1).
SECTION 6. In Colorado Revised Statutes, 33-32-108, amend
(3)(a)(III)(B) as follows:
33-32-108. Enforcement. (3) (a) (III) (B) Any hearing conducted
pursuant to this subparagraph (III) SUBSECTION (3)(a)(III) shall be in
accordance with article 4 of title 24, C.R.S. SECTION 33-32-109 (3) AND (4).
SECTION 7. In Colorado Revised Statutes, 33-32-109, amend (1)
introductory portion, (1)(d), (3), and (4) as follows:
33-32-109. Denial, suspension, or revocation of license -
disciplinary actions. (1) The commission,
IN ACCORDANCE WITH
SUBSECTION
(3) OF THIS SECTION, may deny, suspend, or revoke a river
outfitter license, place a licensed river outfitter on probation, or issue a
PAGE 5-SENATE BILL 24-161 letter of admonition to a licensed river outfitter if the applicant or LICENSE
holder:
(d) Violates any provision of law regulating the practice of river
outfitting in another jurisdiction if such violation resulted in disciplinary
action against the applicant or
LICENSE holder. Evidence of such
disciplinary action shall be
CONSIDERED prima facie evidence for the
possible denial,
SUSPENSION, OR REVOCATION of a license or other
disciplinary action in this state if the violation resulting in the disciplinary
action in such other jurisdiction would be grounds for disciplinary action in
this state.
(3) (a) (I) Any proceeding to deny, suspend, or revoke a license
granted under this article ARTICLE 32 or to place a licensee on probation
shall be
CONDUCTED pursuant to sections 24-4-104 and 24-4-105, C.R.S.THIS SUBSECTION (3) AND SUBSECTION (4) OF THIS SECTION. Such
proceeding may be conducted by an administrative law judge designated
pursuant to part 10 of article 30 of title 24, C.R.S. A HEARING OFFICER
DESIGNATED BY THE COMMISSION PURSUANT TO THIS SUBSECTION
(3).
(II) T
HE COMMISSION, WHEN BRINGING AN ACTION AGAINST A
LICENSE HOLDER OR AN APPLICANT PURSUANT TO SUBSECTION
(1) OF THIS
SECTION
, OR A HEARING OFFICER WHO HAS BEEN DELEGATED AUTHORITY BY
THE COMMISSION
, SHALL PROVIDE THE LICENSE HOLDER OR APPLICANT
NOTICE OF THE ACTION
. SUCH NOTICE MUST:
(A) B
E SENT BY CERTIFIED MAIL , WITH A RETURN RECEIPT
REQUESTED
;
(B) B
E SENT TO THE LAST-KNOWN ADDRESS OF THE LICENSE HOLDER
OR APPLICANT
;
(C) S
TATE THE BASIS FOR THE ACTION UNDER SUBSECTION (1) OF
THIS SECTION
; AND
(D) INCLUDE THE DATE AND LOCATION OF THE HEARING .
(III) A
LICENSE HOLDER OR AN APPLICANT WHO RECEIVES A NOTICE
FROM THE COMMISSION PURSUANT TO SUBSECTION
(3)(a)(II) OF THIS
SECTION SHALL BE GIVEN THE OPPORTUNITY TO APPEAR AND DISPUTE THE
PAGE 6-SENATE BILL 24-161 COMMISSION'S ALLEGATION AND DEMONSTRATE AT THE HEARING WHY THE
LICENSE HOLDER
'S LICENSE SHOULD NOT BE SUSPENDED OR REVOKED , WHY
THE LICENSE HOLDER SHOULD NOT BE PLACED ON PROBATION OR ISSUED A
LETTER OF ADMONITION
, OR WHY THE APPLICANT SHOULD NOT BE DENIED A
LICENSE
.
(b) (I) Any proceeding
HEARING conducted pursuant to this
subsection (3) shall be deemed final for purposes of judicial review. Any
appeal of any such proceeding shall be made to the court of appeals
pursuant to section 24-4-106 (11), C.R.S. CONDUCTED BY A HEARING
OFFICER ON BEHALF OF THE COMMISSION
. THE DIRECTOR SHALL APPOINT THE
HEARING OFFICER
, WHO MAY BE AN EMPLOYEE OF THE DIVISION .
(II) A
NY HEARING CONDUCTED PURS UANT TO THIS SECTION SHALL
BE HELD IN THE REGIONAL OR AREA OFFICE OF THE DIVISION NEAREST TO THE
LAST
-KNOWN RESIDENCE OF THE LICENSE HOLDER OR APPLICANT OR , IN THE
CASE OF A NONRESIDENT LICENSE HOLDER OR APPLICANT
, IN SUCH OTHER
LOCATION AS MAY BE DETERMINED BY THE DIVISION
.
(c) I
N CONDUCTING A HEARING PURSUANT TO THIS SUBSECTION (3),
THE HEARING OFFICER MAY ADMINISTER OATHS AND AFFIRMATIONS , ISSUE
SUBPOENAS FOR THE ATTENDANCE OF WITNESSES OR THE PRODUCTION OF
DOCUMENTS
, AND APPLY TO A DISTRICT COURT WITH PROPER JURISDICTION
FOR THE ENFORCEMENT OF THOSE SUBPOENAS
. THE HEARING OFFICER IS NOT
SUBJECT TO PART
10 OF ARTICLE 30 OF TITLE 24.
(d) T
HE HEARING OFFICER'S DETERMINATION IN THE HEARING SHALL
BE SENT TO THE LICENSE HOLDER OR APPLICANT BY CERTIFIED MAIL
, WITH
A RETURN RECEIPT REQUESTED
, TO THE LICENSE HOLDER'S OR APPLICANT'S
LAST
-KNOWN ADDRESS WITHIN THIRTY DAYS AFTER THE CONCLUSION OF THE
HEARING
.
(e) A
LICENSE HOLDER OR AN APPLICANT MAY APPEAL THE HEARING
OFFICER
'S DETERMINATION TO THE COMMISSION BY FILING A NOTICE OF
APPEAL WITH THE COMMISSION WITHIN THIRTY
-FIVE DAYS AFTER NOTICE OF
THE HEARING OFFICER
'S DETERMINATION IS SENT IN ACCORDANCE WITH
SUBSECTION
(3)(d) OF THIS SECTION.
(4) (a) The commission may deny an application for a river outfitter
license or a renewal of a river outfitter's
OUTFITTER license if the LICENSE
PAGE 7-SENATE BILL 24-161 HOLDER OR applicant:
(I) Does not meet the requirements specified in section 33-32-105
or 33-32-106;
OR
(II) COMMITS AN ACT DESCRIBED IN SUBSECTION (1) OF THIS
SECTION
.
(b) I
F THE COMMISSION DENIES AN APPLICATION FOR A RIVER
OUTFITTER LICENSE OR AN APPLICATION FOR A RENEWAL OF A RIVER
OUTFITTER LICENSE
, THE LICENSE HOLDER OR APPLICANT MAY REQUEST A
HEARING IN ACCORDANCE WITH SUBSECTION
(3) OF THIS SECTION WITHIN
SIXTY DAYS AFTER THE DATE THAT THE APPLICATION WAS DENIED BY THE
COMMISSION
.
SECTION 8. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly; 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 such period, 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 2024 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
PAGE 8-SENATE BILL 24-161 (2) This act applies to licenses issued, applications submitted, and
conduct occurring on or after January 1, 2025.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 9-SENATE BILL 24-161