First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 25-0403.01 Richard Sweetman x4333 SENATE BILL 25-174 Senate Committees House Committees Agriculture & Natural Resources Appropriations A BILL FOR AN ACT C ONCERNING THE CONTINUATIO N OF THE REGULATION OF101 OUTFITTERS, AND, IN CONNECTION THEREWITH , IMPLEMENTING102 THE RECOMMENDATIONS CONTAINED IN THE 2024 SUNSET103 REPORT BY THE DEPARTMENT OF REGULATORY AGENCIES .104 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 http://leg.colorado.gov/ .) Sunset Process - Senate Agriculture and Natural Resources Committee. The bill implements the recommendations of the department of regulatory agencies (DORA) in its sunset review and report concerning SENATE 3rd Reading Unamended March 31, 2025 SENATE Amended 2nd Reading March 28, 2025 SENATE SPONSORSHIP Roberts and Simpson, Catlin, Marchman, Cutter, Kirkmeyer, Liston, Lundeen, Pelton B., Snyder, Winter F. 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. the regulation of outfitters and guides by the division of professions and occupations (division) within DORA. Specifically: ! Sections 1 and 2 of the bill continue the regulation of outfitters and guides for 9 years, until 2034; ! Sections 3 and 4 allow the director of the division to take disciplinary action against an owner of an outfitter entity regardless of the owner's ownership share percentage; ! Section 5 credits one-half of the money that is collected as fines to the general fund rather than to the division; ! Section 6 exempts motor carriers and third-party booking agencies from regulation under the outfitters act; and ! Sections 4 and 7 add provisions prohibiting an individual from working as a guide or receiving or renewing a registration as an outfitter if the individual has a license or registration suspended by the division of parks and wildlife or by an agency of any member state of the "Wildlife Violator Compact" for a violation of a law concerning wildlife. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, amend 12-145-1182 as follows:3 12-145-118. Repeal of article - review of functions. This article4 145 is repealed, effective September 1, 2025 SEPTEMBER 1, 2034. Before5 the repeal, the powers, duties, and functions of the division specified in6 this article 145 are IS scheduled for review in accordance with section7 24-34-104.8 SECTION 2. In Colorado Revised Statutes, 24-34-104, repeal9 (26)(a)(III); and add (35)(a)(VI) as follows:10 24-34-104. General assembly review of regulatory agencies11 and functions for repeal, continuation, or reestablishment - legislative12 declaration - repeal. (26) (a) The following agencies, functions, or both,13 are scheduled for repeal on September 1, 2025:14 (III) The regulation of outfitters by the director of the division of15 174-2- professions and occupations in accordance with article 145 of title 12;1 (35) (a) The following agencies, functions, or both, are scheduled2 for repeal on September 1, 2034:3 (VI) T HE REGULATION OF OUTFITTERS BY THE DIRECTOR OF THE4 DIVISION OF PROFESSIONS AND OCCUPATIONS IN ACCORDANCE WITH5 ARTICLE 145 OF TITLE 12.6 SECTION 3. In Colorado Revised Statutes, 12-145-109, amend7 (6)(b)(I) as follows:8 12-145-109. Disciplinary actions - grounds for discipline.9 (6) The director may discipline an applicant or registrant under this10 section for the acts of a person who:11 (b) (I) Is an officer, director, member, or partner, of, or owner of12 at least a ten-percent interest in, the applicant or registrant;13 SECTION 4. In Colorado Revised Statutes, 12-145-108, amend14 (2); and add (1)(b.5) as follows:15 12-145-108. Issuance of registration - violations. (1) Except as16 otherwise provided in this article 145, the director shall issue an initial or17 renewed registration as an outfitter to an individual who pays the required18 fee and furnishes evidence satisfactory to the director that the individual:19 (b.5) D OES NOT HAVE A LICENSE OR REGISTRATION THAT IS20 SUSPENDED OR REVOKED BY THE DIVISION OF PARKS AND WILDLIFE21 CREATED IN SECTION 33-9-104 OR BY AN AGENCY OF ANY MEMBER STATE22 OF THE "WILDLIFE VIOLATOR COMPACT", PART 26 OF ARTICLE 60 OF TITLE23 24, FOR A VIOLATION OF A LAW CONCERNING WILDLIFE ;24 (2) An individual or entity may register as an outfitter. An25 application for registration of an entity shall MUST include the names of26 all officers, directors, members, partners, AND owners of at least ten 27 174 -3- percent of the entity, and other persons who have managing or controlling1 authority in the entity. The entity shall designate on the application for2 outfitter registration one of its officers, directors, members, partners, or3 other controlling or managing individuals to be the responsible party and4 agent for the entity for all communications with the division. If the entity5 changes its responsible party and agent, it shall notify the division within6 ten working days after the name change and provide contact information7 for the new responsible party and agent. If the responsible party and agent8 does not provide guide services, he or she shall THE RESPONSIBLE PARTY9 AND AGENT IS not be required to comply with subsection (1)(b) of this10 section.11 SECTION 5. In Colorado Revised Statutes, 12-145-110, amend12 (3)(b) as follows:13 12-145-110. Penalties - distribution of fines. (3) All fines14 collected pursuant to this article 145 shall be distributed as follows:15 (b) Fifty percent to the division for the cost of administering this16 article 145 GENERAL FUND.17 SECTION 6. In Colorado Revised Statutes, 12-145-104, add (3)18 as follows:19 12-145-104. Applicability. (3) T HIS ARTICLE 145 DOES NOT20 APPLY TO:21 (a) A MOTOR CARRIER, AS DEFINED IN SECTION 40-10.1-101 (10),22 THAT TRANSPORTS ONE OR MORE CLIENTS TO OR FROM AN OUTFITTER BUT23 DOES NOT:24 (I) A SSIST A CLIENT IN THE TAKING OR ATTEMPTED TAKING OF25 WILDLIFE; OR26 (II) P ROVIDE ANY OUTFITTING SERVICE OTHER THAN27 174 -4- TRANSPORTATION TO A CLIENT; OR1 (b) A TRAVEL AGENCY, A BOOKING AGENCY, OR OTHER PERSON2 THAT IDENTIFIES POTENTIAL CLIENTS FOR AN OUTFITTER, OR THAT DIRECTS3 POTENTIAL CLIENTS TO AN OUTFITTER, IN EXCHANGE FOR A FEE BUT THAT4 PROVIDES NO OUTFITTING SERVICES TO SUCH CLIENTS .5 SECTION 7. In Colorado Revised Statutes, 12-145-106, amend6 (1) as follows:7 12-145-106. Guide qualifications - violations - penalty.8 (1) (a) An individual who works as a guide must:9 (I) Be eighteen years of age or older; and 10 (II) Hold either a valid first aid or first aid instructor's card issued11 by the American Red Cross or evidence of equivalent training as12 approved by the director; AND13 (III) N OT HAVE A LICENSE OR REGISTRATION THAT IS SUSPENDED14 OR REVOKED BY THE DIVISION OF PARKS AND WILDLIFE CREATED IN15 SECTION 33-9-104 OR BY AN AGENCY OF ANY MEMBER STATE OF THE16 "W ILDLIFE VIOLATOR COMPACT", PART 26 OF ARTICLE 60 OF TITLE 24,17 FOR A VIOLATION OF A LAW CONCERNING WILDLIFE .18 (b) An individual who violates this subsection (1) commits a civil19 infraction.20 SECTION 8. In Colorado Revised Statutes, 12-20-407, repeal 21 (1)(a)(III) as follows:22 12-20-407. Unauthorized practice of profession or occupation23 - penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor24 and shall be punished as provided in section 18-1.3-501 if the person:25 (III) Engages or offers or attempts to engage in activities as an26 outfitter without an active registration issued under article 145 of this title27 174 -5- 12;1 SECTION 9. Act subject to petition - effective date. This act2 takes effect at 12:01 a.m. on the day following the expiration of the3 ninety-day period after final adjournment of the general assembly; except4 that, if a referendum petition is filed pursuant to section 1 (3) of article V5 of the state constitution against this act or an item, section, or part of this6 act within such period, then the act, item, section, or part will not take7 effect unless approved by the people at the general election to be held in8 November 2026 and, in such case, will take effect on the date of the9 official declaration of the vote thereon by the governor.10 174 -6-