First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 25-0403.01 Richard Sweetman x4333 SENATE BILL 25-174 Senate Committees House Committees Agriculture & Natural Resources Agri culture, Water & Natural Resources Appropriations 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 HOUSE 3rd Reading Unamended April 21, 2025 HOUSE Amended 2nd Reading April 17, 2025 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, Bird, Lindsay, McCormick, Smith, Stewart K., Titone 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 AND HAS NOT, WITHIN THE THREE YEARS PRIOR TO21 SUBMITTING THE REGISTRATION APPLICATION , HAD A LICENSE OR22 REGISTRATION REVOKED BY THE DIVISION OF PARKS AND WILDLIFE23 CREATED IN SECTION 33-9-104 OR BY AN AGENCY OF ANY MEMBER STATE24 OF THE "WILDLIFE VIOLATOR COMPACT", PART 26 OF ARTICLE 60 OF TITLE25 24, FOR A VIOLATION OF A LAW CONCERNING WILDLIFE ;26 (2) An individual or entity may register as an outfitter. An27 174 -3- application for registration of an entity shall MUST include the names of1 all officers, directors, members, partners, AND owners of at least ten 2 percent of the entity, and other persons who have managing or controlling3 authority in the entity. The entity shall designate on the application for4 outfitter registration one of its officers, directors, members, partners, or5 other controlling or managing individuals to be the responsible party and6 agent for the entity for all communications with the division. If the entity7 changes its responsible party and agent, it shall notify the division within8 ten working days after the name change and provide contact information9 for the new responsible party and agent. If the responsible party and agent10 does not provide guide services, he or she shall THE RESPONSIBLE PARTY11 AND AGENT IS not be required to comply with subsection (1)(b) of this12 section.13 SECTION 5. In Colorado Revised Statutes, 12-145-110, amend14 (3)(b) as follows:15 12-145-110. Penalties - distribution of fines. (3) All fines16 collected pursuant to this article 145 shall be distributed as follows:17 (b) Fifty percent to the division for the cost of administering this18 article 145 GENERAL FUND.19 SECTION 6. In Colorado Revised Statutes, 12-145-104, add (3)20 as follows:21 12-145-104. Applicability. (3) T HIS ARTICLE 145 DOES NOT22 APPLY TO:23 (a) A MOTOR CARRIER, AS DEFINED IN SECTION 40-10.1-101 (10),24 THAT TRANSPORTS ONE OR MORE CLIENTS TO OR FROM AN OUTFITTER BUT25 DOES NOT:26 (I) A SSIST A CLIENT IN THE TAKING OR ATTEMPTED TAKING OF27 174 -4- WILDLIFE; OR1 (II) P ROVIDE ANY OUTFITTING SERVICE OTHER THAN2 TRANSPORTATION TO A CLIENT; OR3 (b) A TRAVEL AGENCY, A BOOKING AGENCY, OR OTHER PERSON4 THAT IDENTIFIES POTENTIAL CLIENTS FOR AN OUTFITTER, OR THAT DIRECTS5 POTENTIAL CLIENTS TO AN OUTFITTER, IN EXCHANGE FOR A FEE BUT THAT6 PROVIDES NO OUTFITTING SERVICES TO SUCH CLIENTS .7 SECTION 7. In Colorado Revised Statutes, 12-145-106, amend8 (1) as follows:9 12-145-106. Guide qualifications - violations - penalty.10 (1) (a) An individual who works as a guide must:11 (I) Be eighteen years of age or older; and 12 (II) Hold either a valid first aid or first aid instructor's card issued13 by the American Red Cross or evidence of equivalent training as14 approved by the director; AND15 (III) N OT HAVE A LICENSE OR REGISTRATION THAT IS SUSPENDED16 AND MUST NOT HAVE, WITHIN THE THREE YEARS PRIOR TO SUBMITTING17 THE REGISTRATION APPLICATION, HAD A LICENSE OR REGISTRATION18 REVOKED BY THE DIVISION OF PARKS AND WILDLIFE CREATED IN SECTION19 33-9-104 OR BY AN AGENCY OF ANY MEMBER STATE OF THE "WILDLIFE20 V IOLATOR COMPACT", PART 26 OF ARTICLE 60 OF TITLE 24, FOR A21 VIOLATION OF A LAW CONCERNING WILDLIFE .22 (b) An individual who violates this subsection (1) commits a civil23 infraction.24 SECTION 8. In Colorado Revised Statutes, 12-20-407, amend25 (2)(c) and (2)(d); repeal (1)(a)(III); and add (2)(e) as follows:26 12-20-407. Unauthorized practice of profession or occupation27 174 -5- - penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor1 and shall be punished as provided in section 18-1.3-501 if the person:2 (III) Engages or offers or attempts to engage in activities as an3 outfitter without an active registration issued under article 145 of this title4 12;5 (2) The penalties for:6 (c) Engaging in unauthorized activities regarding passenger7 tramways are governed by section 12-150-108 (4); and8 (d) Engaging in unauthorized activities regarding nurse aide9 practice are governed by section 12-255-215; AND10 (e) PROVIDING, OR OFFERING OR ATTEMPTING TO PROVIDE ,11 OUTFITTING SERVICES WITHOUT AN ACTIVE REGISTRATION ISSUED UNDER12 ARTICLE 145 OF THIS TITLE 12 ARE GOVERNED BY SECTION 33-6-113.13 SECTION 9. In Colorado Revised Statutes, 33-6-113, amend14 (1)(b) as follows:15 33-6-113. Illegal sale of wildlife. (1) (b) For the purposes of this16 section, it is deemed to be a sale of wildlife if a person for monetary or17 other consideration, provides unregistered PROVIDES OR OFFERS OR18 ATTEMPTS TO PROVIDE outfitting services, as defined in article 145 of title19 12, WITHOUT AN ACTIVE REGISTRATION ISSUED UNDER ARTICLE 145 OF20 TITLE 12.21 SECTION 10. Act subject to petition - effective date. This act22 takes effect at 12:01 a.m. on the day following the expiration of the23 ninety-day period after final adjournment of the general assembly; except24 that, if a referendum petition is filed pursuant to section 1 (3) of article V25 of the state constitution against this act or an item, section, or part of this26 act within such period, then the act, item, section, or part will not take27 174 -6- effect unless approved by the people at the general election to be held in1 November 2026 and, in such case, will take effect on the date of the2 official declaration of the vote thereon by the governor.3 174 -7-