Colorado 2025 Regular Session

Colorado Senate Bill SB174 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REREVISED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the Second House
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
7	7		LLS NO. 25-0403.01 Richard Sweetman x4333
8	8		SENATE BILL 25-174
9	9		Senate Committees House Committees
10	10		Agriculture & Natural Resources Agri culture, Water & Natural Resources
11	11		Appropriations Appropriations
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING THE CONTINUATIO N OF THE REGULATION OF101
15	15		OUTFITTERS, AND, IN CONNECTION THEREWITH , IMPLEMENTING102
16	16		THE RECOMMENDATIONS CONTAINED IN THE 2024 SUNSET103
17	17		REPORT BY THE DEPARTMENT OF REGULATORY AGENCIES .104
18	18		Bill Summary
19	19		(Note: This summary applies to this bill as introduced and does
20	20		not reflect any amendments that may be subsequently adopted. If this bill
21	21		passes third reading in the house of introduction, a bill summary that
22	22		applies to the reengrossed version of this bill will be available at
23	23		http://leg.colorado.gov/
24	24		.)
25	25		Sunset Process - Senate Agriculture and Natural Resources
26	26		Committee. The bill implements the recommendations of the department
27	27		of regulatory agencies (DORA) in its sunset review and report concerning
28	28		HOUSE
29		-	3rd Reading Unamended
30		-	April 21, 2025
31		-	HOUSE
32	29		Amended 2nd Reading
33	30		April 17, 2025
34	31		SENATE
35	32		3rd Reading Unamended
36	33		March 31, 2025
37	34		SENATE
38	35		Amended 2nd Reading
39	36		March 28, 2025
40	37		SENATE SPONSORSHIP
41	38		Roberts and Simpson, Catlin, Marchman, Cutter, Kirkmeyer, Liston, Lundeen, Pelton B.,
42	39		Snyder, Winter F.
43	40		HOUSE SPONSORSHIP
44		-	Lukens and Soper, ~~Bird, Lindsay, McCormick, Smith, Stewart K., Titone~~
	41	+	Lukens and Soper,
45	42		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
46	43		Capital letters or bold & italic numbers indicate new material to be added to existing law.
47	44		Dashes through the words or numbers indicate deletions from existing law. the regulation of outfitters and guides by the division of professions and
48	45		occupations (division) within DORA. Specifically:
49	46		! Sections 1 and 2 of the bill continue the regulation of
50	47		outfitters and guides for 9 years, until 2034;
51	48		! Sections 3 and 4 allow the director of the division to take
52	49		disciplinary action against an owner of an outfitter entity
53	50		regardless of the owner's ownership share percentage;
54	51		! Section 5 credits one-half of the money that is collected as
55	52		fines to the general fund rather than to the division;
56	53		! Section 6 exempts motor carriers and third-party booking
57	54		agencies from regulation under the outfitters act; and
58	55		! Sections 4 and 7 add provisions prohibiting an individual
59	56		from working as a guide or receiving or renewing a
60	57		registration as an outfitter if the individual has a license or
61	58		registration suspended by the division of parks and wildlife
62	59		or by an agency of any member state of the "Wildlife
63	60		Violator Compact" for a violation of a law concerning
64	61		wildlife.
65	62		Be it enacted by the General Assembly of the State of Colorado:1
66	63		SECTION 1. In Colorado Revised Statutes, amend 12-145-1182
67	64		as follows:3
68	65		12-145-118. Repeal of article - review of functions. This article4
69	66		145 is repealed, effective September 1, 2025
70	67		SEPTEMBER 1, 2034. Before5
71	68		the repeal, the powers, duties, and functions of the division specified in6
72	69		this article 145 are IS scheduled for review in accordance with section7
73	70		24-34-104.8
74	71		SECTION 2. In Colorado Revised Statutes, 24-34-104, repeal9
75	72		(26)(a)(III); and add (35)(a)(VI) as follows:10
76	73		24-34-104. General assembly review of regulatory agencies11
77	74		and functions for repeal, continuation, or reestablishment - legislative12
78	75		declaration - repeal. (26) (a) The following agencies, functions, or both,13
79	76		are scheduled for repeal on September 1, 2025:14
80	77		(III) The regulation of outfitters by the director of the division of15
81	78		174-2- professions and occupations in accordance with article 145 of title 12;1
82	79		(35) (a) The following agencies, functions, or both, are scheduled2
83	80		for repeal on September 1, 2034:3
84	81		(VI) T
85	82		HE REGULATION OF OUTFITTERS BY THE DIRECTOR OF THE4
86	83		DIVISION OF PROFESSIONS AND OCCUPATIONS IN ACCORDANCE WITH5
87	84		ARTICLE 145 OF TITLE 12.6
88	85		SECTION 3. In Colorado Revised Statutes, 12-145-109, amend7
89	86		(6)(b)(I) as follows:8
90	87		12-145-109. Disciplinary actions - grounds for discipline.9
91	88		(6) The director may discipline an applicant or registrant under this10
92	89		section for the acts of a person who:11
93	90		(b) (I) Is an officer, director, member, or
94	91		partner, of, or owner of12
95	92		at least a ten-percent interest in, the applicant or registrant;13
96	93		SECTION 4. In Colorado Revised Statutes, 12-145-108, amend14
97	94		(2); and add (1)(b.5) as follows:15
98	95		12-145-108. Issuance of registration - violations. (1) Except as16
99	96		otherwise provided in this article 145, the director shall issue an initial or17
100	97		renewed registration as an outfitter to an individual who pays the required18
101	98		fee and furnishes evidence satisfactory to the director that the individual:19
102	99		(b.5) D
103	100		OES NOT HAVE A LICENSE OR REGISTRATION THAT IS20
104	101		SUSPENDED
105	102		AND HAS NOT, WITHIN THE THREE YEARS PRIOR TO21
106	103		SUBMITTING THE REGISTRATION APPLICATION , HAD A LICENSE OR22
107	104		REGISTRATION REVOKED BY THE DIVISION OF PARKS AND WILDLIFE23
108	105		CREATED IN SECTION 33-9-104 OR BY AN AGENCY OF ANY MEMBER STATE24
109	106		OF THE "WILDLIFE VIOLATOR COMPACT", PART 26 OF ARTICLE 60 OF TITLE25
110	107		24,
111	108		FOR A VIOLATION OF A LAW CONCERNING WILDLIFE ;26
112	109		(2) An individual or entity may register as an outfitter. An27
113	110		174
114	111		-3- application for registration of an entity shall MUST include the names of1
115	112		all officers, directors, members, partners,
116	113		AND owners of at least ten
117	114		2
118	115		percent of the entity, and other persons who have managing or controlling3
119	116		authority in the entity. The entity shall designate on the application for4
120	117		outfitter registration one of its officers, directors, members, partners, or5
121	118		other controlling or managing individuals to be the responsible party and6
122	119		agent for the entity for all communications with the division. If the entity7
123	120		changes its responsible party and agent, it shall notify the division within8
124	121		ten working days after the name change and provide contact information9
125	122		for the new responsible party and agent. If the responsible party and agent10
126	123		does not provide guide services, he or she shall THE RESPONSIBLE PARTY11
127	124		AND AGENT IS not be required to comply with subsection (1)(b) of this12
128	125		section.13
129	126		SECTION 5. In Colorado Revised Statutes, 12-145-110, amend14
130	127		(3)(b) as follows:15
131	128		12-145-110. Penalties - distribution of fines. (3) All fines16
132	129		collected pursuant to this article 145 shall be distributed as follows:17
133	130		(b) Fifty percent to the division for the cost of administering this18
134	131		article 145 GENERAL FUND.19
135	132		SECTION 6. In Colorado Revised Statutes, 12-145-104, add (3)20
136	133		as follows:21
137	134		12-145-104. Applicability. (3) T
138	135		HIS ARTICLE 145 DOES NOT22
139	136		APPLY TO:23
140	137		(a) A
141	138		MOTOR CARRIER, AS DEFINED IN SECTION 40-10.1-101 (10),24
142	139		THAT TRANSPORTS ONE OR MORE CLIENTS TO OR FROM AN OUTFITTER BUT25
143	140		DOES NOT:26
144	141		(I) A
145	142		SSIST A CLIENT IN THE TAKING OR ATTEMPTED TAKING OF27
146	143		174
147	144		-4- WILDLIFE; OR1
148	145		(II) P
149	146		ROVIDE ANY OUTFITTING SERVICE OTHER THAN2
150	147		TRANSPORTATION TO A CLIENT; OR3
151	148		(b) A
152	149		TRAVEL AGENCY, A BOOKING AGENCY, OR OTHER PERSON4
153	150		THAT IDENTIFIES POTENTIAL CLIENTS FOR AN OUTFITTER, OR THAT DIRECTS5
154	151		POTENTIAL CLIENTS TO AN OUTFITTER, IN EXCHANGE FOR A FEE BUT THAT6
155	152		PROVIDES NO OUTFITTING SERVICES TO SUCH CLIENTS .7
156	153		SECTION 7. In Colorado Revised Statutes, 12-145-106, amend8
157	154		(1) as follows:9
158	155		12-145-106. Guide qualifications - violations - penalty.10
159	156		(1) (a) An individual who works as a guide must:11
160	157		(I) Be eighteen years of age or older; and
161	158		12
162	159		(II) Hold either a valid first aid or first aid instructor's card issued13
163	160		by the American Red Cross or evidence of equivalent training as14
164	161		approved by the director;
165	162		AND15
166	163		(III) N
167	164		OT HAVE A LICENSE OR REGISTRATION THAT IS SUSPENDED16
168	165		AND MUST NOT HAVE, WITHIN THE THREE YEARS PRIOR TO SUBMITTING17
169	166		THE REGISTRATION APPLICATION, HAD A LICENSE OR REGISTRATION18
170	167		REVOKED BY THE DIVISION OF PARKS AND WILDLIFE CREATED IN SECTION19
171	168		33-9-104
172	169		OR BY AN AGENCY OF ANY MEMBER STATE OF THE "WILDLIFE20
173	170		V
174	171		IOLATOR COMPACT", PART 26 OF ARTICLE 60 OF TITLE 24, FOR A21
175	172		VIOLATION OF A LAW CONCERNING WILDLIFE .22
176	173		(b) An individual who violates this subsection (1) commits a civil23
177	174		infraction.24
178	175		SECTION 8. In Colorado Revised Statutes, 12-20-407, amend25
179	176		(2)(c) and (2)(d); repeal (1)(a)(III); and add (2)(e) as follows:26
180	177		12-20-407. Unauthorized practice of profession or occupation27
181	178		174
182	179		-5- - penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor1
183	180		and shall be punished as provided in section 18-1.3-501 if the person:2
184	181		(III) Engages or offers or attempts to engage in activities as an3
185	182		outfitter without an active registration issued under article 145 of this title4
186	183		12;5
187	184		(2) The penalties for:6
188	185		(c) Engaging in unauthorized activities regarding passenger7
189	186		tramways are governed by section 12-150-108 (4); and8
190	187		(d) Engaging in unauthorized activities regarding nurse aide9
191	188		practice are governed by section 12-255-215; AND10
192	189		(e) PROVIDING, OR OFFERING OR ATTEMPTING TO PROVIDE ,11
193	190		OUTFITTING SERVICES WITHOUT AN ACTIVE REGISTRATION ISSUED UNDER12
194	191		ARTICLE 145 OF THIS TITLE 12 ARE GOVERNED BY SECTION 33-6-113.13
195	192		SECTION 9. In Colorado Revised Statutes, 33-6-113, amend14
196	193		(1)(b) as follows:15
197	194		33-6-113. Illegal sale of wildlife. (1) (b) For the purposes of this16
198	195		section, it is deemed to be a sale of wildlife if a person for monetary or17
199	196		other consideration, provides unregistered PROVIDES OR OFFERS OR18
200	197		ATTEMPTS TO PROVIDE outfitting services, as defined in article 145 of title19
201	198		12, WITHOUT AN ACTIVE REGISTRATION ISSUED UNDER ARTICLE 145 OF20
202	199		TITLE 12.21
203	200		SECTION 10. Act subject to petition - effective date. This act22
204	201		takes effect at 12:01 a.m. on the day following the expiration of the23
205	202		ninety-day period after final adjournment of the general assembly; except24
206	203		that, if a referendum petition is filed pursuant to section 1 (3) of article V25
207	204		of the state constitution against this act or an item, section, or part of this26
208	205		act within such period, then the act, item, section, or part will not take27
209	206		174
210	207		-6- effect unless approved by the people at the general election to be held in1
211	208		November 2026 and, in such case, will take effect on the date of the2
212	209		official declaration of the vote thereon by the governor.3
213	210		174
214	211		-7-