Colorado 2025 2025 Regular Session

Colorado Senate Bill SB174 Engrossed / Bill

Filed 03/31/2025

                    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-