Colorado 2024 Regular Session

Colorado Senate Bill SB161 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0884.01 Christopher McMichael x4775
1	8		SENATE BILL 24-161
2		-	BY SENATOR(S) Pelton R. and Marchman, Buckner, Exum, Fields,
3		-	Michaelson Jenet, Priola, Will, Winter F.;
4		-	also REPRESENTATIVE(S) Lukens and Soper, Amabile, Bird,
5		-	Boesenecker, Brown, Catlin, Daugherty, Duran, Froelich, Hamrick,
6		-	Hartsook, Joseph, Lieder, Lindsay, Lindstedt, Mauro, McCormick, Story,
7		-	Titone, Valdez, Willford, Woodrow, Young, McCluskie.
	9	+	Senate Committees House Committees
	10	+	Agriculture & Natural Resources Agri culture, Water & Natural Resources
	11	+	Appropriations
	12	+	A BILL FOR AN ACT
8	13		C
9		-	ONCERNING PARKS AND WILDLIFE PRODUCTS , AND, IN CONNECTION
10		-	THEREWITH
11		-	, MODIFYING LOW -INCOME SENIOR AND DISABLED
12		-	VETERAN ELIGIBILITY REQUIREMENTS FOR CERTAIN LICENSES
13		-	;
14		-	AUTHORIZING THE PARKS AND WILDLIFE COMMISSION TO ESTABLISH ,
15		-	BY RULE, A HARVEST PERMIT SURCHARGE ; AND ESTABLISHING
16		-	PROCEDURES FOR HEARINGS CONDUCTED BY THE COMMISSION FOR
17		-	THE DENIAL
18		-	, SUSPENSION, OR REVOCATION OF A RIVER OUTFITTER
19		-	LICENSE
20		-	.
21		-
22		-	Be it enacted by the General Assembly of the State of Colorado:
23		-	SECTION 1. In Colorado Revised Statutes, 33-1-102, amend
24		-	(27.5) as follows:
25		-	33-1-102. Definitions - rules. As used in this title 33, unless the
26		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
27		-	officers and the Governor. To determine whether the Governor has signed the bill
28		-	or taken other action on it, please consult the legislative status sheet, the legislative
29		-	history, or the Session Laws.
30		-	________
31		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32		-	through words or numbers indicate deletions from existing law and such material is not part of
33		-	the act. context otherwise requires:
34		-	(27.5) "Low-income senior" refers to an individual sixty-four years
35		-	of age or older who shows proof of such fact to the division or license agent
36		-	and who shows proof to the division or license agent in the form of a
37		-	federal or state income tax return from the immediately preceding calendar
38		-	year that the federal taxable income of any such individual is at or below
39		-	one hundred percent of the official poverty line for an individual or a
40		-	family, as appropriate to the applicant, defined by the federal office of
41		-	management and budget based on federal bureau of the census data. If said
42		-	tax return is not available, a return for the year immediately preceding such
43		-	year shall suffice. The division shall, for purposes of this subsection (27.5),
44		-	inform license agents of the most current official poverty line in effect. If
45		-	a person's income is at a level where such person is not required to file an
46		-	income tax return, such individual shall sign a statement under penalty of
47		-	perjury in the second degree to such effect, which statement shall be
48		-	prescribed by the division and kept as required by the division with the
49		-	record of sale of any license pursuant to section 33-4-102 (1.4)(v). No such
50		-	affidavit shall be required to be notarized MEETS THE INCOME ELIGIBILITY
51		-	REQUIREMENTS ESTABLISHED BY THE COMMISSION BY RULE
52		-	.
53		-	SECTION 2. In Colorado Revised Statutes, 33-4-102, amend
54		-	(1.4)(e), (1.4)(v)(I), (1.4)(w), (1.4)(x), and (1.6)(b); and add (1.5)(c) as
55		-	follows:
56		-	33-4-102. Types of licenses and fees - rules. (1.4) Except as
57		-	otherwise provided in subsections (1.5) and (1.6) of this section, the
58		-	division may issue the following resident and nonresident licenses and shall
59		-	collect the following fees:
60		-	Fees
61		-	Resident Nonresident
62		-	(e) Senior, ages
63		-	sixty-five
64		-	SIXTY-FOUR and
65		-	older, annual fishing 8.00 Not available
66		-	PAGE 2-SENATE BILL 24-161 (v) (I) Resident low-income senior
67		-	lifetime ANNUAL fishing 8.00 Not available
68		-	(w) Youth big game (deer, elk,
69		-	pronghorn) 14.00 each
70		-	100.00 each
71		-	13.75 EACH 99.75 EACH
72		-	(x) Youth small game hunting 1.25 1.00 1.25 1.00
	14	+	ONCERNING PARKS AND WILDLIFE PRODUCTS , AND, IN CONNECTION101
	15	+	THEREWITH, MODIFYING LOW-INCOME SENIOR AND DISABLED102
	16	+	VETERAN ELIGIBILITY REQUIREM ENTS FOR CERTAIN LICENSES ;103
	17	+	AUTHORIZING THE PARKS AND WILDLIFE COMMISSION TO104
	18	+	ESTABLISH, BY RULE, A HARVEST PERMIT SURCHARGE ; AND105
	19	+	ESTABLISHING PROCEDURES FOR HEARINGS CO NDUCTED BY THE106
	20	+	COMMISSION FOR THE DENIAL , SUSPENSION, OR REVOCATION OF107
	21	+	A RIVER OUTFITTER LICENSE.108
	22	+	Bill Summary
	23	+	(Note: This summary applies to this bill as introduced and does
	24	+	not reflect any amendments that may be subsequently adopted. If this bill
	25	+	passes third reading in the house of introduction, a bill summary that
	26	+	applies to the reengrossed version of this bill will be available at
	27	+	HOUSE
	28	+	3rd Reading Unamended
	29	+	April 11, 2024
	30	+	HOUSE
	31	+	2nd Reading Unamended
	32	+	April 10, 2024
	33	+	SENATE
	34	+	3rd Reading Unamended
	35	+	March 12, 2024
	36	+	SENATE
	37	+	Amended 2nd Reading
	38	+	March 11, 2024
	39	+	SENATE SPONSORSHIP
	40	+	Pelton R. and Marchman, Buckner, Exum, Fields, Michaelson Jenet, Priola, Will, Winter
	41	+	F.
	42	+	HOUSE SPONSORSHIP
	43	+	Lukens and Soper, Amabile, Bird, Boesenecker, Brown, Catlin, Daugherty, Duran,
	44	+	Froelich, Hamrick, Hartsook, Joseph, Lieder, Lindsay, Lindstedt, Mauro, McCluskie,
	45	+	McCormick, Story, Titone, Valdez, Willford, Woodrow, Young
	46	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	47	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	48	+	Dashes through the words or numbers indicate deletions from existing law. http://leg.colorado.gov.)
	49	+	The bill amends certain requirements and procedures related to
	50	+	licenses and passes from the Colorado parks and wildlife commission
	51	+	(commission).
	52	+	The bill lowers the age threshold for senior annual fishing licenses
	53	+	to 64 years of age and amends the definition of "low-income senior" for
	54	+	the purposes of discounted parks and wildlife licenses. The bill also
	55	+	lowers the disability level threshold for veterans with disabilities from
	56	+	60% to 50% disability for the purpose of granting licenses to disabled
	57	+	veterans. The bill also lowers the cost of the youth small game hunting
	58	+	license and the youth big game hunting license by 25 cents to account for
	59	+	the inclusion of the backcountry search and rescue fund surcharge that is
	60	+	added by the commission when the licenses are purchased.
	61	+	The bill authorizes the commission to establish, by rule, a harvest
	62	+	permit surcharge for the taking of small game when doing so is necessary
	63	+	for the proper management of wildlife resources. The bill specifies that
	64	+	revenues generated from the sale of keep Colorado wild passes may be
	65	+	used for capital construction projects.
	66	+	The bill establishes procedures for hearings conducted by the
	67	+	commission when a river outfitter license holder or applicant is alleged
	68	+	to have committed a violation and when the applicant or license holder
	69	+	may have their application or license denied, suspended, or revoked. The
	70	+	bill authorizes a hearing officer to conduct hearings on behalf of the
	71	+	commission in relation to the denial, suspension, or revocation of a river
	72	+	outfitter license.
	73	+	Be it enacted by the General Assembly of the State of Colorado:1
	74	+	SECTION 1. In Colorado Revised Statutes, 33-1-102, amend2
	75	+	(27.5) as follows:3
	76	+	33-1-102. Definitions - rules. As used in this title 33, unless the4
	77	+	context otherwise requires:5
	78	+	(27.5) "Low-income senior" refers to an individual sixty-four6
	79	+	years of age or older who shows proof of such fact to the division or7
	80	+	license agent and who shows proof to the division or license agent in the
	81	+	8
	82	+	form of a federal or state income tax return from the immediately9
	83	+	preceding calendar year that the federal taxable income of any such10
	84	+	161-2- individual is at or below one hundred percent of the official poverty line1
	85	+	for an individual or a family, as appropriate to the applicant, defined by2
	86	+	the federal office of management and budget based on federal bureau of3
	87	+	the census data. If said tax return is not available, a return for the year4
	88	+	immediately preceding such year shall suffice. The division shall, for5
	89	+	purposes of this subsection (27.5), inform license agents of the most6
	90	+	current official poverty line in effect. If a person's income is at a level7
	91	+	where such person is not required to file an income tax return, such8
	92	+	individual shall sign a statement under penalty of perjury in the second9
	93	+	degree to such effect, which statement shall be prescribed by the division10
	94	+	and kept as required by the division with the record of sale of any license11
	95	+	pursuant to section 33-4-102 (1.4)(v). No such affidavit shall be required12
	96	+	to be notarized MEETS THE INCOME ELIGIBILITY REQUIREMENTS13
	97	+	ESTABLISHED BY THE COMMISSION BY RULE .14
	98	+	SECTION 2. In Colorado Revised Statutes, 33-4-102, amend15
	99	+	(1.4)(e), (1.4)(v)(I), (1.4)(w), (1.4)(x), and (1.6)(b); and add (1.5)(c) as16
	100	+	follows:17
	101	+	33-4-102. Types of licenses and fees - rules. (1.4) Except as18
	102	+	otherwise provided in subsections (1.5) and (1.6) of this section, the19
	103	+	division may issue the following resident and nonresident licenses and20
	104	+	shall collect the following fees:21
	105	+	Fees22
	106	+	Resident Nonresident23
	107	+	(e) Senior, ages24
	108	+	sixty-five SIXTY-FOUR and25
	109	+	older, annual fishing 8.00 Not available26
	110	+	(v) (I) Resident low-income senior27
	111	+	161
	112	+	-3- lifetime ANNUAL fishing 8.00 Not available1
	113	+	(w) Youth big game (deer, elk,2
	114	+	pronghorn) 14.00 each 100.00 each3
	115	+	13.75 EACH 99.75 EACH4
	116	+	(x) Youth small game hunting 1.25 1.00 1.25 1.005
73	117		(1.5) (c) E
74		-	XCEPT FOR THE SENIOR ANNUAL FISHING LICENSE ,
75		-	RESIDENT LOW-INCOME FISHING LICENSE, YOUTH BIG GAME HUNTING
76		-	LICENSE
77		-	, ANNUAL COLORADO WILDLIFE HABITAT STAMP , LIFETIME
78		-	COLORADO WILDLIFE STAMP , AND THE MIGRATORY WATERFOWL STAMP
79		-	ISSUED IN ACCORDANCE WITH SUBSECTIONS
80		-	(1.4) AND (1.5)(b) OF THIS
81		-	SECTION
82		-	, THE COMMISSION MAY , BY RULE, ASSESS A HARVEST PERMIT
83		-	SURCHARGE IN AN AMOUNT NOT TO EXCEED FIVE DOLLARS FOR EACH SPECIES
84		-	THAT MAY BE TAKEN UNDER ANY LICENSE LISTED IN SUBSECTIONS
85		-	(1), (1.4),
86		-	AND (1.5)(b) OF THIS SECTION THAT IS SOLD BY THE DIVISION OR ONE OF ITS
87		-	LICENSE AGENTS PURSUANT TO SECTION
88		-	33-4-101 WHEN, AS DETERMINED BY
89		-	THE COMMISSION BY RULE
90		-	, DOING SO IS NECESSARY FOR THE PROPER
91		-	MANAGEMENT OF THE DIVISION OR IS OTHERWISE BENEFICIAL TO THE
92		-	MANAGEMENT OF STATE WILDLIFE RESOURCES
93		-	.
94		-	(1.6) (b) (I) For a fee or surcharge described in articles 1 to 6 of this
95		-	title 33, the commission may, by rule, adjust the fee or surcharge by an
96		-	amount up to the total amount reflected by the annual percentage change in
97		-	the United States department of labor's bureau of labor statistics consumer
98		-	price index for Denver-Aurora-Lakewood for all items and all urban
99		-	consumers, or its applicable predecessor or successor index. The adjustment
100		-	is not effective until the commission notifies the joint budget committee of
101		-	the adjustment.
	118	+	XCEPT FOR THE SENIOR ANNUAL FISHING LICENSE ,6
	119	+	RESIDENT LOW-INCOME FISHING LICENSE, YOUTH BIG GAME HUNTING7
	120	+	LICENSE, ANNUAL COLORADO WILDLIFE HABITAT STAMP , LIFETIME8
	121	+	C
	122	+	OLORADO WILDLIFE STAMP, AND THE MIGRATORY WATERFOWL STAMP9
	123	+	ISSUED IN ACCORDANCE WITH SUBSECTIONS (1.4) AND (1.5)(b) OF THIS10
	124	+	SECTION, THE COMMISSION MAY, BY RULE, ASSESS A HARVEST PERMIT11
	125	+	SURCHARGE IN AN AMOUNT NOT TO EXCEED FIVE DOLLARS FOR EACH12
	126	+	SPECIES THAT MAY BE TAKEN UNDER ANY LICENSE LISTED IN SUBSECTIONS13
	127	+	(1),
	128	+	(1.4), AND (1.5)(b) OF THIS SECTION THAT IS SOLD BY THE DIVISION OR14
	129	+	ONE OF ITS LICENSE AGENTS PURSUANT TO SECTION 33-4-101 WHEN, AS15
	130	+	DETERMINED BY THE COMMISSION BY RULE , DOING SO IS NECESSARY FOR16
	131	+	THE PROPER MANAGEMENT OF THE DIVISION OR IS OTHERWISE BENEFICIAL17
	132	+	TO THE MANAGEMENT OF STATE WILDLIFE RESOURCES .18
	133	+	(1.6) (b) (I) For a fee or surcharge described in articles 1 to 6 of
	134	+	19
	135	+	this title 33, the commission may, by rule, adjust the fee or surcharge by20
	136	+	an amount up to the total amount reflected by the annual percentage21
	137	+	change in the United States department of labor's bureau of labor statistics22
	138	+	consumer price index for Denver-Aurora-Lakewood for all items and all23
	139	+	urban consumers, or its applicable predecessor or successor index. The24
	140	+	adjustment is not effective until the commission notifies the joint budget25
	141	+	committee of the adjustment.26
102	142		(II) (A) F
103	143		OR A FEE FOR RESIDENT AND NONRESIDENT LICENSES
104		-	DESCRIBED IN SECTION
105		-	(1.4) OF THIS SECTION, THE COMMISSION MAY, BY
106		-	RULE
107		-	, ADJUST THE FEE BY AN AMOUNT UP TO THE TOTAL AMOUNT
108		-	REFLECTED BY THE ANNUAL PERCENTAGE CHANGE IN THE
109		-	UNITED STATES
110		-	DEPARTMENT OF LABOR
111		-	'S BUREAU OF LABOR STATISTICS CONSUMER PRICE
112		-	PAGE 3-SENATE BILL 24-161 INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL URBAN
113		-	CONSUMERS
114		-	, OR ITS SUCCESSOR INDEX.
	144	+	27
	145	+	161
	146	+	-4- DESCRIBED IN SECTION (1.4) OF THIS SECTION, THE COMMISSION MAY, BY1
	147	+	RULE, ADJUST THE FEE BY AN AMOUNT UP TO THE TOTAL AMOUNT2
	148	+	REFLECTED BY THE ANNUAL PERCENTAGE CHANGE IN THE UNITED STATES3
	149	+	DEPARTMENT OF LABOR 'S BUREAU OF LABOR STATISTICS CONSUMER4
	150	+	PRINCE INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL5
	151	+	URBAN CONSUMERS, OR ITS SUCCESSOR INDEX.6
115	152		(B) I
116	153		F THE COMMISSION ADJUSTS A FEE IN ACCORDANCE WITH
117		-	SUBSECTION
118		-	(1.6)(b)(II)(A) OF THIS SECTION, THE COMMISSION SHALL BASE
119		-	THE ADJUSTMENT ON THE PRICES FOR FEES AS THOSE PRICES WERE
120		-	ESTABLISHED BY
121		-	SENATE BILL 18-143, AS ENACTED IN 2018, AND DESCRIBED
122		-	IN SUBSECTION
123		-	(1.4) OF THIS SECTION.
	154	+	7
	155	+	SUBSECTION (1.6)(b)(II)(A) OF THIS SECTION, THE COMMISSION SHALL8
	156	+	BASE THE ADJUSTMENT ON THE PRICES FOR FEES AS THOSE PRICES WERE9
	157	+	ESTABLISHED BY SENATE BILL 18-143, AS ENACTED IN 2018, AND10
	158	+	DESCRIBED IN SUBSECTION (1.4) OF THIS SECTION.11
124	159		(C) T
125	160		HE FEE ADJUSTMENT DESCRIBED IN THIS SUBSECTION
126		-	(1.6)(b)(II) IS NOT EFFECTIVE UNTIL THE COMMISSION NOTIFIES THE JOINT
127		-	BUDGET COMMITTEE OF THE ADJUSTMENT
128		-	.
129		-	SECTION 3. In Colorado Revised Statutes, 33-4-104, amend
130		-	(3)(b) as follows:
131		-	33-4-104. Free licenses issued - members or veterans of armed
132		-	forces - when - rules - definition. (3) (b) For the purposes of
133		-	AS USED IN
134		-	this subsection (3), "disabled veteran" means an individual who is a
135		-	resident, as defined in section 33-1-102 (38); has served on active duty in
136		-	the armed forces; has been separated therefrom
137		-	FROM THE ARMED FORCES
138		-	under honorable conditions; and has established to the division of parks and
139		-	wildlife the presence of a service-connected disability which has been rated
140		-	by the veterans administration at sixty FIFTY percent or more through
141		-	disability retirement benefits or a pension because of a public statute
142		-	administered by the veterans administration or the department of the Army,
143		-	Navy, or Air Force.
144		-	SECTION 4. In Colorado Revised Statutes, 33-4-117, amend (1)
145		-	and (4) as follows:
146		-	33-4-117. Youth and young adult licenses - terminally ill hunters
147		-	- special restrictions and privileges - rules. (1) A person under eighteen
148		-	years of age may obtain a youth small game hunting license, issued pursuant
149		-	to FOR THE FEE SPECIFIED IN section 33-4-102 (1.4)(x), upon showing a
150		-	hunter education certificate as required by section 33-6-107 (8). The fee for
151		-	the license, as established in section 33-4-102 (1.4)(x), includes the
152		-	backcountry search and rescue fund surcharge imposed under section
153		-	33-1-112.5 (2)(a).
154		-	PAGE 4-SENATE BILL 24-161 (4) Youth big game licenses, entitling the holder to hunt deer, elk,
155		-	or pronghorn, may be purchased by persons who are at least twelve years
156		-	of age but under eighteen years of age for the fees specified in section
157		-	33-4-102 (1.4)(w). Said fees include the backcountry search and rescue
158		-	fund surcharge imposed under section 33-1-112.5 (2)(a). Persons under
159		-	sixteen years of age hunting deer, elk, or pronghorn must be accompanied
160		-	by a person eighteen years of age or older as required by section 33-6-107
161		-	(4).
162		-	SECTION 5. In Colorado Revised Statutes, 33-10-107, amend (1)
163		-	introductory portion and (1)(h) as follows:
164		-	33-10-107. Powers of commission - rules - definitions. (1) The
165		-	commission has power to
166		-	MAY:
167		-	(h) Establish by rule the amounts of fees for certificates, permits,
168		-	licenses, and passes and any other special charges in order to provide for
169		-	cash revenues necessary for the continuous operation of the state park and
170		-	recreation system, subject to section 33-10-115; except that such
171		-	fees shall
172		-	not be used for capital construction other than controlled maintenance
173		-	activities, Except as provided in section 33-10-111 (1),
174		-	EXCEPT FOR
175		-	REVENUES GENERATED FROM THE SALE OF KEEP
176		-	COLORADO WILD PASSES
177		-	CREATED IN SECTION
178		-	33-12-108. Fees and charges collected pursuant to this
179		-	subsection (1)(h) shall be credited to the parks and outdoor recreation cash
180		-	fund created in ACCORDANCE WITH section 33-10-111 (1).
181		-	SECTION 6. In Colorado Revised Statutes, 33-32-108, amend
182		-	(3)(a)(III)(B) as follows:
183		-	33-32-108. Enforcement. (3) (a) (III) (B) Any hearing conducted
184		-	pursuant to this subparagraph (III) SUBSECTION (3)(a)(III) shall be in
185		-	accordance with article 4 of title 24, C.R.S. SECTION 33-32-109 (3) AND (4).
186		-	SECTION 7. In Colorado Revised Statutes, 33-32-109, amend (1)
187		-	introductory portion, (1)(d), (3), and (4) as follows:
188		-	33-32-109. Denial, suspension, or revocation of license -
	161	+	12
	162	+	(1.6)(b)(II)
	163	+	IS NOT EFFECTIVE UNTIL THE COMMISSION NOTIFIES THE JOINT
	164	+	13
	165	+	BUDGET COMMITTEE OF THE ADJUSTMENT .14
	166	+	SECTION 3. In Colorado Revised Statutes, 33-4-104, amend15
	167	+	(3)(b) as follows:16
	168	+	33-4-104. Free licenses issued - members or veterans of armed17
	169	+	forces - when - rules - definition. (3) (b) For the purposes of AS USED18
	170	+	IN this subsection (3), "disabled veteran" means an individual who is a19
	171	+	resident, as defined in section 33-1-102 (38); has served on active duty in20
	172	+	the armed forces; has been separated therefrom FROM THE ARMED FORCES21
	173	+	under honorable conditions; and has established to the division of parks22
	174	+	and wildlife the presence of a service-connected disability which has been23
	175	+	rated by the veterans administration at sixty FIFTY percent or more24
	176	+	through disability retirement benefits or a pension because of a public25
	177	+	statute administered by the veterans administration or the department of26
	178	+	the Army, Navy, or Air Force.27
	179	+	161
	180	+	-5- SECTION 4. In Colorado Revised Statutes, 33-4-117, amend (1)1
	181	+	and (4) as follows:2
	182	+	33-4-117. Youth and young adult licenses - terminally ill3
	183	+	hunters - special restrictions and privileges - rules. (1) A person under4
	184	+	eighteen years of age may obtain a youth small game hunting license,5
	185	+	issued pursuant to FOR THE FEE SPECIFIED IN section 33-4-102 (1.4)(x),6
	186	+	upon showing a hunter education certificate as required by section7
	187	+	33-6-107 (8). The fee for the license, as established in section 33-4-1028
	188	+	(1.4)(x), includes the backcountry search and rescue fund surcharge9
	189	+	imposed under section 33-1-112.5 (2)(a).10
	190	+	(4) Youth big game licenses, entitling the holder to hunt deer, elk,11
	191	+	or pronghorn, may be purchased by persons who are at least twelve years12
	192	+	of age but under eighteen years of age for the fees specified in section13
	193	+	33-4-102 (1.4)(w). Said fees include the backcountry search and rescue14
	194	+	fund surcharge imposed under section 33-1-112.5 (2)(a). Persons under15
	195	+	sixteen years of age hunting deer, elk, or pronghorn must be accompanied16
	196	+	by a person eighteen years of age or older as required by section 33-6-10717
	197	+	(4).18
	198	+	SECTION 5. In Colorado Revised Statutes, 33-10-107, amend19
	199	+	(1) introductory portion and (1)(h) as follows:20
	200	+	33-10-107. Powers of commission - rules - definitions. (1) The21
	201	+	commission has power to MAY:22
	202	+	(h) Establish by rule the amounts of fees for certificates, permits,23
	203	+	licenses, and passes and any other special charges in order to provide for24
	204	+	cash revenues necessary for the continuous operation of the state park and25
	205	+	recreation system, subject to section 33-10-115; except that such fees26
	206	+	shall not be used for capital construction other than controlled27
	207	+	161
	208	+	-6- maintenance activities, Except as provided in section 33-10-111 (1),1
	209	+	EXCEPT FOR REVENUES GENERATED FROM THE SALE OF KEEP COLORADO2
	210	+	WILD PASSES CREATED IN SECTION 33-12-108. Fees and charges collected3
	211	+	pursuant to this subsection (1)(h) shall be credited to the parks and4
	212	+	outdoor recreation cash fund created in ACCORDANCE WITH section5
	213	+	33-10-111 (1).6
	214	+	SECTION 6. In Colorado Revised Statutes, 33-32-108, amend7
	215	+	(3)(a)(III)(B) as follows:8
	216	+	33-32-108. Enforcement. (3) (a) (III) (B) Any hearing conducted9
	217	+	pursuant to this subparagraph (III) SUBSECTION (3)(a)(III) shall be in10
	218	+	accordance with article 4 of title 24, C.R.S. SECTION 33-32-109 (3) AND11
	219	+	(4).12
	220	+	SECTION 7. In Colorado Revised Statutes, 33-32-109, amend13
	221	+	(1) introductory portion, (1)(d), (3), and (4) as follows:14
	222	+	33-32-109. Denial, suspension, or revocation of license -15
189	223		disciplinary actions. (1) The commission,
190		-	IN ACCORDANCE ~~WITH~~
191		-	SUBSECTION
192		-	~~(3) OF THIS SECTION~~, ~~may deny,~~ ~~suspend~~, or ~~revoke a river~~
193		-	~~outfitter license,~~ ~~place~~ a licensed river outfitter ~~on probation,~~ or ~~issue a~~
194		-	~~PAGE 5-SENATE BILL 24-161 letter of admonition to a licensed river outfitter if the applicant or LICENSE~~
195		-	holder:
196		-	(d) Violates any provision of law regulating the practice of ~~river~~
197		-	outfitting in another jurisdiction if such violation resulted in ~~disciplinary~~
	224	+	IN ACCORDANCE WITH16
	225	+	SUBSECTION (3) OF THIS SECTION, may deny, suspend, or revoke a river17
	226	+	outfitter license, place a licensed river outfitter on probation, or issue a18
	227	+	letter of admonition to a licensed river outfitter if the applicant or
	228	+	LICENSE19
	229	+	holder:20
	230	+	(d) Violates any provision of law regulating the practice of river21
	231	+	outfitting in another jurisdiction if such violation resulted in disciplinary22
198	232		action against the applicant or
199		-	LICENSE holder. Evidence of ~~such~~
	233	+	LICENSE holder. Evidence of such23
200	234		disciplinary action shall be
201		-	CONSIDERED prima facie evidence for ~~the~~
	235	+	CONSIDERED prima facie evidence for the24
202	236		possible denial,
203		-	SUSPENSION, OR REVOCATION of a license or other
204		-	disciplinary action in this state if the violation resulting in the disciplinary
205		-	action in such other jurisdiction would be grounds for disciplinary action in
206		-	this state.
207		-	(3) (a) (I) Any proceeding to deny, suspend, or revoke a license
208		-	granted under this article ARTICLE 32 or to place a licensee on probation
	237	+	SUSPENSION, OR REVOCATION of a license or other25
	238	+	disciplinary action in this state if the violation resulting in the disciplinary26
	239	+	action in such other jurisdiction would be grounds for disciplinary action27
	240	+	161
	241	+	-7- in this state.1
	242	+	(3) (a) (I) Any proceeding to deny, suspend, or revoke a license2
	243	+	granted under this article ARTICLE 32 or to place a licensee on probation3
209	244		shall be
210		-	CONDUCTED pursuant to sections 24-4-104 and 24-4-105, C.R.S.THIS SUBSECTION (3) AND SUBSECTION (4) OF THIS SECTION. Such
211		-	proceeding may be conducted by an administrative law judge designated
212		-	pursuant to part 10 of article 30 of title 24, C.R.S. A HEARING OFFICER
213		-	DESIGNATED BY THE COMMISSION PURSUANT TO THIS SUBSECTION
214		-	(3).
	245	+	CONDUCTED pursuant to sections 24-4-104 and 24-4-105, C.R.S.
	246	+	4
	247	+	THIS SUBSECTION (3) AND SUBSECTION (4) OF THIS SECTION. Such5
	248	+	proceeding may be conducted by an administrative law judge designated6
	249	+	pursuant to part 10 of article 30 of title 24, C.R.S. A HEARING OFFICER7
	250	+	DESIGNATED BY THE COMMISSION PURSUANT TO THIS SUBSECTION (3).8
215	251		(II) T
216		-	HE COMMISSION, WHEN BRINGING AN ACTION AGAINST A
217		-	LICENSE HOLDER OR AN APPLICANT PURSUANT TO SUBSECTION
218		-	(1) OF THIS
219		-	SECTION
220		-	, OR A HEARING OFFICER WHO HAS BEEN DELEGATED AUTHORITY BY
221		-	THE COMMISSION
222		-	, SHALL PROVIDE THE LICENSE HOLDER OR APPLICANT
223		-	NOTICE OF THE ACTION
224		-	. SUCH NOTICE MUST:
	252	+	HE COMMISSION, WHEN BRINGING AN ACTION AGAINST A9
	253	+	LICENSE HOLDER OR AN APPLICANT PURSUANT TO SUBSECTION (1) OF THIS10
	254	+	SECTION, OR A HEARING OFFICER WHO HAS BEEN DELEGATED AUTHORITY11
	255	+	BY THE COMMISSION, SHALL PROVIDE THE LICENSE HOLDER OR APPLICANT12
	256	+	NOTICE OF THE ACTION. SUCH NOTICE MUST:13
225	257		(A) B
226		-	E SENT BY CERTIFIED MAIL , WITH A RETURN RECEIPT
227		-	REQUESTED
228		-	;
	258	+	E SENT BY CERTIFIED MAIL, WITH A RETURN RECEIPT14
	259	+	REQUESTED;15
229	260		(B) B
230		-	E SENT TO THE LAST-KNOWN ADDRESS OF THE LICENSE HOLDER
231		-	OR APPLICANT
232		-	;
	261	+	E SENT TO THE LAST-KNOWN ADDRESS OF THE LICENSE16
	262	+	HOLDER OR APPLICANT;17
233	263		(C) S
234		-	TATE THE BASIS FOR THE ACTION UNDER SUBSECTION (1) OF
235		-	THIS SECTION
236		-	~~; AND~~
237		-	~~(D) INCLUDE~~ THE DATE AND LOCATION OF THE HEARING .
	264	+	TATE THE BASIS FOR THE ACTION UNDER SUBSECTION (1) OF18
	265	+	THIS SECTION; AND19
	266	+	(D) I
	267	+	NCLUDE THE DATE AND LOCATION OF THE HEARING .20
238	268		(III) A
239		-	LICENSE HOLDER OR AN APPLICANT WHO RECEIVES A NOTICE
240		-	FROM THE COMMISSION PURSUANT TO SUBSECTION
241		-	(3)(a)(II) OF THIS
242		-	SECTION SHALL BE GIVEN THE OPPORTUNITY TO APPEAR AND DISPUTE THE
243		-	PAGE 6-SENATE BILL 24-161 COMMISSION'S ALLEGATION AND DEMONSTRATE AT THE HEARING WHY THE
244		-	LICENSE HOLDER
245		-	'S LICENSE SHOULD NOT BE SUSPENDED OR REVOKED , WHY
246		-	THE LICENSE HOLDER SHOULD NOT BE PLACED ON PROBATION OR ISSUED A
247		-	LETTER OF ADMONITION
248		-	, OR WHY THE APPLICANT SHOULD NOT BE DENIED A
249		-	LICENSE
250		-	.
251		-	(b) (I) Any proceeding
252		-	HEARING conducted pursuant to this
253		-	subsection (3) shall be deemed final for purposes of judicial review. Any
254		-	appeal of any such proceeding shall be made to the court of appeals
255		-	pursuant to section 24-4-106 (11), C.R.S. CONDUCTED BY A HEARING
256		-	OFFICER ON BEHALF OF THE COMMISSION
257		-	. THE DIRECTOR SHALL APPOINT THE
258		-	HEARING OFFICER
259		-	, WHO MAY BE AN EMPLOYEE OF THE DIVISION .
	269	+	LICENSE HOLDER OR AN APPLICANT WHO RECEIVES A21
	270	+	NOTICE FROM THE COMMISSION PURSUANT TO SUBSECTION (3)(a)(II) OF22
	271	+	THIS SECTION SHALL BE GIVEN THE OPPORTUNITY TO APPEAR AND DISPUTE23
	272	+	THE COMMISSION'S ALLEGATION AND DEMONSTRATE AT THE HEARING WHY24
	273	+	THE LICENSE HOLDER'S LICENSE SHOULD NOT BE SUSPENDED OR REVOKED ,25
	274	+	WHY THE LICENSE HOLDER SHOULD NOT BE PLACED ON PROBATION OR26
	275	+	ISSUED A LETTER OF ADMONITION, OR WHY THE APPLICANT SHOULD NOT27
	276	+	161
	277	+	-8- BE DENIED A LICENSE.1
	278	+	(b) (I) Any proceeding HEARING conducted pursuant to this2
	279	+	subsection (3) shall be deemed final for purposes of judicial review. Any3
	280	+	appeal of any such proceeding shall be made to the court of appeals4
	281	+	pursuant to section 24-4-106 (11), C.R.S. CONDUCTED BY A HEARING5
	282	+	OFFICER ON BEHALF OF THE COMMISSION . THE DIRECTOR SHALL APPOINT6
	283	+	THE HEARING OFFICER, WHO MAY BE AN EMPLOYEE OF THE DIVISION .7
260	284		(II) A
261		-	NY HEARING CONDUCTED PURS UANT TO THIS SECTION SHALL
262		-	BE HELD IN THE REGIONAL OR AREA OFFICE OF THE DIVISION NEAREST TO THE
263		-	LAST
264		-	-KNOWN RESIDENCE OF THE LICENSE HOLDER OR APPLICANT OR , IN THE
265		-	CASE OF A NONRESIDENT LICENSE HOLDER OR APPLICANT
266		-	, IN SUCH OTHER
267		-	LOCATION AS MAY BE DETERMINED BY THE DIVISION
268		-	.
	285	+	NY HEARING CONDUCTED PURSUANT TO THIS SECTION SHALL8
	286	+	BE HELD IN THE REGIONAL OR AREA OFFICE OF THE DIVISION NEAREST TO9
	287	+	THE LAST-KNOWN RESIDENCE OF THE LICENSE HOLDER OR APPLICANT OR ,10
	288	+	IN THE CASE OF A NONRESIDENT LICENSE HOLDER OR APPLICANT , IN SUCH11
	289	+	OTHER LOCATION AS MAY BE DETERMINED BY THE DIVISION .12
269	290		(c) I
270		-	N CONDUCTING A HEARING PURSUANT TO THIS SUBSECTION (3),
271		-	THE HEARING OFFICER MAY ADMINISTER OATHS AND AFFIRMATIONS , ISSUE
272		-	SUBPOENAS FOR THE ATTENDANCE OF WITNESSES OR THE PRODUCTION OF
273		-	DOCUMENTS
274		-	, AND APPLY TO A DISTRICT COURT WITH PROPER JURISDICTION
275		-	FOR THE ENFORCEMENT OF THOSE SUBPOENAS
276		-	. THE HEARING OFFICER IS NOT
277		-	SUBJECT TO PART
278		-	10 OF ARTICLE 30 OF TITLE 24.
	291	+	N CONDUCTING A HEARING PURSUANT TO THIS SUBSECTION (3),13
	292	+	THE HEARING OFFICER MAY ADMINISTER OATHS AND AFFIRMATIONS , ISSUE14
	293	+	SUBPOENAS FOR THE ATTENDANCE OF WITNESSES OR THE PRODUCTION OF15
	294	+	DOCUMENTS, AND APPLY TO A DISTRICT COURT WITH PROPER JURISDICTION16
	295	+	FOR THE ENFORCEMENT OF THOSE SUBPOENAS . THE HEARING OFFICER IS17
	296	+	NOT SUBJECT TO PART 10 OF ARTICLE 30 OF TITLE 24.18
279	297		(d) T
280		-	HE HEARING OFFICER'S DETERMINATION IN THE HEARING SHALL
281		-	BE SENT TO THE LICENSE HOLDER OR APPLICANT BY CERTIFIED MAIL
282		-	, WITH
283		-	A RETURN RECEIPT REQUESTED
284		-	, TO THE LICENSE HOLDER'S OR APPLICANT'S
285		-	LAST
286		-	-KNOWN ADDRESS WITHIN THIRTY DAYS AFTER THE CONCLUSION OF THE
287		-	HEARING
288		-	.
	298	+	HE HEARING OFFICER'S DETERMINATION IN THE HEARING19
	299	+	SHALL BE SENT TO THE LICENSE HOLDER OR APPLICANT BY CERTIFIED20
	300	+	MAIL, WITH A RETURN RECEIPT REQUESTED, TO THE LICENSE HOLDER'S OR21
	301	+	APPLICANT'S LAST-KNOWN ADDRESS WITHIN THIRTY DAYS AFTER THE22
	302	+	CONCLUSION OF THE HEARING.23
289	303		(e) A
290		-	LICENSE HOLDER OR AN APPLICANT MAY APPEAL THE HEARING
291		-	OFFICER
292		-	'S DETERMINATION TO THE COMMISSION BY FILING A NOTICE OF
293		-	APPEAL WITH THE COMMISSION WITHIN THIRTY
294		-	-FIVE DAYS AFTER NOTICE OF
295		-	THE HEARING OFFICER
296		-	'S DETERMINATION IS SENT IN ACCORDANCE WITH
297		-	SUBSECTION
298		-	(3)(d) OF THIS SECTION.
299		-	(4) (a) The commission may deny an application for a river outfitter
300		-	license or a renewal of a river outfitter's
301		-	OUTFITTER license if the LICENSE
302		-	PAGE 7-SENATE BILL 24-161 HOLDER OR applicant:
303		-	(I) Does not meet the requirements specified in section 33-32-105
	304	+	LICENSE HOLDER OR AN APPLICANT MAY APPEAL THE24
	305	+	HEARING OFFICER'S DETERMINATION TO THE COMMISSION BY FILING A25
	306	+	NOTICE OF APPEAL WITH THE COMMISSION WITHIN THIRTY -FIVE DAYS26
	307	+	AFTER NOTICE OF THE HEARING OFFICER 'S DETERMINATION IS SENT IN27
	308	+	161
	309	+	-9- ACCORDANCE WITH SUBSECTION (3)(d) OF THIS SECTION.1
	310	+	(4) (a) The commission may deny an application for a river2
	311	+	outfitter license or a renewal of a river outfitter's OUTFITTER license if the3
	312	+	LICENSE HOLDER OR applicant:4
	313	+	(I) Does not meet the requirements specified in section 33-32-1055
304	314		or 33-32-106;
305		-	OR
306		-	(II) ~~COMMITS AN ACT DESCRIBED IN SUBSECTION (1) OF THIS~~
307		-	~~SECTION~~
308		-	.
	315	+	OR6
	316	+	(II) C
	317	+	OMMITS AN ACT DESCRIBED IN SUBSECTION (1) OF THIS7
	318	+	SECTION.8
309	319		(b) I
310		-	F THE COMMISSION DENIES AN APPLICATION FOR A RIVER
311		-	OUTFITTER LICENSE OR AN APPLICATION FOR A RENEWAL OF A RIVER
312		-	OUTFITTER LICENSE
313		-	, THE LICENSE HOLDER OR APPLICANT MAY REQUEST A
314		-	HEARING IN ACCORDANCE WITH SUBSECTION
315		-	(3) OF THIS SECTION WITHIN
316		-	SIXTY DAYS AFTER THE DATE THAT THE APPLICATION WAS DENIED BY THE
317		-	COMMISSION
318		-	.
319		-	SECTION 8. Act subject to petition - effective date -
320		-	applicability. (1) This act takes effect at 12:01 a.m. on the day following
321		-	the expiration of the ninety-day period after final adjournment of the
322		-	general assembly; except that, if a referendum petition is filed pursuant to
323		-	section 1 (3) of article V of the state constitution against this act or an item,
324		-	section, or part of this act within such period, then the act, item, section, or
325		-	part will not take effect unless approved by the people at the general
326		-	election to be held in November 2024 and, in such case, will take effect on
327		-	the date of the official declaration of the vote thereon by the governor.
328		-	PAGE 8-SENATE BILL 24-161 (2) This act applies to licenses issued, applications submitted, and
329		-	conduct occurring on or after January 1, 2025.
330		-	____________________________ ____________________________
331		-	Steve Fenberg Julie McCluskie
332		-	PRESIDENT OF SPEAKER OF THE HOUSE
333		-	THE SENATE OF REPRESENTATIVES
334		-	____________________________ ____________________________
335		-	Cindi L. Markwell Robin Jones
336		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
337		-	THE SENATE OF REPRESENTATIVES
338		-	APPROVED________________________________________
339		-	(Date and Time)
340		-	_________________________________________
341		-	Jared S. Polis
342		-	GOVERNOR OF THE STATE OF COLORADO
343		-	PAGE 9-SENATE BILL 24-161
	320	+	F THE COMMISSION DENIES AN APPLICATION FOR A RIVER9
	321	+	OUTFITTER LICENSE OR AN APPLICATION FOR A RENEWAL OF A RIVER10
	322	+	OUTFITTER LICENSE, THE LICENSE HOLDER OR APPLICANT MAY REQUEST A11
	323	+	HEARING IN ACCORDANCE WITH SUBSECTION (3) OF THIS SECTION WITHIN12
	324	+	SIXTY DAYS AFTER THE DATE THAT THE APPLICATION WAS DENIED BY THE13
	325	+	COMMISSION.14
	326	+	SECTION 8. Act subject to petition - effective date -15
	327	+	applicability. (1) This act takes effect at 12:01 a.m. on the day following16
	328	+	the expiration of the ninety-day period after final adjournment of the17
	329	+	general assembly; except that, if a referendum petition is filed pursuant18
	330	+	to section 1 (3) of article V of the state constitution against this act or an19
	331	+	item, section, or part of this act within such period, then the act, item,20
	332	+	section, or part will not take effect unless approved by the people at the21
	333	+	general election to be held in November 2024 and, in such case, will take22
	334	+	effect on the date of the official declaration of the vote thereon by the23
	335	+	governor.24
	336	+	(2) This act applies to licenses issued, applications submitted, and25
	337	+	conduct occurring on or after January 1, 2025.26
	338	+	161
	339	+	-10-