A Bill for an Act
Page 1, Line 101Concerning the continuation of the regulation of
Page 1, Line 102outfitters, and, in connection therewith, implementing
Page 1, Line 103the recommendations contained in the 2024 sunset
Page 1, Line 104report by the department of regulatory agencies.
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 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.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, amend 12-145-118 as follows:
Page 2, Line 312-145-118. Repeal of article - review of functions. This article
Page 2, Line 4145 is repealed, effective
September 1, 2025Page 2, Line 5the repeal,
the powers, duties, and functions of the division specified inPage 2, Line 6this article 145
arePage 2, Line 7SECTION 2. In Colorado Revised Statutes, 24-34-104, repeal (26)(a)(III); and add (35)(a)(VI) as follows:
Page 2, Line 824-34-104. General assembly review of regulatory agencies
Page 2, Line 9and functions for repeal, continuation, or reestablishment - legislative
Page 2, Line 10declaration - repeal. (26) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2025:
Page 2, Line 11(III)
The regulation of outfitters by the director of the division of professions and occupations in accordance with article 145 of title 12;Page 3, Line 1(35) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2034:
Page 3, Line 2(VI) The regulation of outfitters by the director of the
Page 3, Line 3division of professions and occupations in accordance with article 145 of title 12.
Page 3, Line 4SECTION 3. In Colorado Revised Statutes, 12-145-109, amend (6)(b)(I) as follows:
Page 3, Line 512-145-109. Disciplinary actions - grounds for discipline.
Page 3, Line 6(6) The director may discipline an applicant or registrant under this section for the acts of a person who:
Page 3, Line 7(b) (I) Is an officer, director, member,
orof,at least a ten-percent interest in,Page 3, Line 8SECTION 4. In Colorado Revised Statutes, 12-145-108, amend (2); and add (1)(b.5) as follows:
Page 3, Line 912-145-108. Issuance of registration - violations. (1) Except as
Page 3, Line 10otherwise provided in this article 145, the director shall issue an initial or
Page 3, Line 11renewed registration as an outfitter to an individual who pays the required fee and furnishes evidence satisfactory to the director that the individual:
Page 3, Line 12(b.5) Does not have a license or registration that is
Page 3, Line 13suspended by the division of parks and wildlife created in section
Page 3, Line 1433-9-104 or by an agency of any member state of the "Wildlife
Page 3, Line 15Violator Compact", part 26 of article 60 of title 24, for a violation of a law concerning wildlife;
Page 3, Line 16(2) An individual or entity may register as an outfitter. An
Page 3, Line 17application for registration of an entity
shallPage 3, Line 18all officers, directors, members, partners, and owners of
at least tenPage 4, Line 1
percent ofPage 4, Line 2authority in the entity. The entity shall designate on the application for
Page 4, Line 3outfitter registration one of its officers, directors, members, partners, or
Page 4, Line 4other controlling or managing individuals to be the responsible party and
Page 4, Line 5agent for the entity for all communications with the division. If the entity
Page 4, Line 6changes its responsible party and agent, it shall notify the division within
Page 4, Line 7ten working days after the name change and provide contact information
Page 4, Line 8for the new responsible party and agent. If the responsible party and agent
Page 4, Line 9does not provide guide services,
he or she shallPage 4, Line 10and agent is not
bePage 4, Line 11SECTION 5. In Colorado Revised Statutes, 12-145-110, amend (3)(b) as follows:
Page 4, Line 1212-145-110. Penalties - distribution of fines. (3) All fines collected pursuant to this article 145 shall be distributed as follows:
Page 4, Line 13(b) Fifty percent to the
division for the cost of administering this article 145Page 4, Line 14SECTION 6. In Colorado Revised Statutes, 12-145-104, add (3) as follows:
Page 4, Line 1512-145-104. Applicability. (3) This article 145 does not apply to:
Page 4, Line 16(a) A motor carrier, as defined in section 40-10.1-101 (10),
Page 4, Line 17that transports one or more clients to or from an outfitter but does not:
Page 4, Line 18(I) Assist a client in the taking or attempted taking of wildlife; or
Page 4, Line 19(II) Provide any outfitting service other than transportation to a client; or
Page 5, Line 1(b) A travel agency, a booking agency, or other person
Page 5, Line 2that identifies potential clients for an outfitter, or that directs
Page 5, Line 3potential clients to an outfitter, in exchange for a fee but that provides no outfitting services to such clients.
Page 5, Line 4SECTION 7. In Colorado Revised Statutes, 12-145-106, amend (1) as follows:
Page 5, Line 512-145-106. Guide qualifications - violations - penalty. (1) (a) An individual who works as a guide must:
Page 5, Line 6(I) Be eighteen years of age or older;
andPage 5, Line 7(II) Hold either a valid first aid or first aid instructor's card issued
Page 5, Line 8by the American Red Cross or evidence of equivalent training as approved by the director; and
Page 5, Line 9(III) Not have a license or registration that is suspended
Page 5, Line 10by the division of parks and wildlife created in section 33-9-104
Page 5, Line 11or by an agency of any member state of the "Wildlife Violator
Page 5, Line 12Compact", part 26 of article 60 of title 24, for a violation of a law concerning wildlife.
Page 5, Line 13(b) An individual who violates this subsection (1) commits a civil infraction.
Page 5, Line 14SECTION 8. Act subject to petition - effective date. This act
Page 5, Line 15takes effect at 12:01 a.m. on the day following the expiration of the
Page 5, Line 16ninety-day period after final adjournment of the general assembly; except
Page 5, Line 17that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 5, Line 18of the state constitution against this act or an item, section, or part of this
Page 5, Line 19act within such period, then the act, item, section, or part will not take
Page 5, Line 20effect unless approved by the people at the general election to be held in
Page 6, Line 1November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.