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States that allow a parent to sign away a minor’s right to sue

If your state is not listed here, you should assume a parent cannot waive a minor’s right to sue in your state.

State

By Statute Restrictions
Alaska Alaska: Sec. 09.65.292 Sec. 05.45.120 does not allow using a release by ski areas for ski injuries
Arizona ARS § 12-553 Limited to Equine Activities
Colorado C.R.S. §§13-22-107
Florida Florida Statute § 744.301 (3) Florida statute that allows a parent to release a minor’s right to sue
Virginia Chapter 62.  Equine Activity Liability § 3.2-6202.  Liability limited; liability actions prohibited Allows a parent to sign a release for a minor for equine activities
Utah 78B-4-203.  Limitations on Liability for Equine and Livestock Activities Limited to Equine Activities
(b) providing a document or release for the participant, or the participant’s legal guardian if the participant is a minor, to sign.
 

By Case Law

California Hohe v. San Diego Unified Sch. Dist., 224 Cal.App.3d 1559, 274 Cal.Rptr. 647 (1990)
Florida Global Travel Marketing, Inc v. Shea, 2005 Fla. LEXIS 1454 Allows a release signed by a parent to require arbitration of the minor’s claims
Florida Gonzalez v. City of Coral Gables, 871 So.2d 1067, 29 Fla. L. Weekly D1147 Release can be used for volunteer activities and by government entities
Maryland BJ’s Wholesale Club, Inc. v. Rosen, 435 Md. 714; 80 A.3d 345; 2013 Md. LEXIS 897 Maryland top court allows a parent to sign away a minor’s right to sue. Release was not fantastic, but good enough.
Massachusetts Sharon v. City of Newton, 437 Mass. 99; 769 N.E.2d 738; 2002 Mass. LEXIS 384
Minnesota Moore vs. Minnesota Baseball Instructional School, 2009 Minn. App. Unpub. LEXIS 299
North Dakota McPhail v. Bismarck Park District, 2003 ND 4; 655 N.W.2d 411; 2003 N.D. LEXIS 3 North Dakota decision allows a parent to sign away a minor’s right to sue
Ohio Zivich v. Mentor Soccer Club, Inc., 696 N.E.2d 201, 82 Ohio St.3d 367 (1998) Ohio Appellate decision upholds the use of a release for a minor for a commercial activity
Wisconsin Osborn v. Cascade Mountain, Inc., 655 N.W.2d 546, 259 Wis. 2d 481, 2002 Wisc. App. LEXIS 1216, 2003 WI App 1 However the decision in Atkins v. Swimwest Family Fitness Center, 2005 WI 4; 2005 Wisc. LEXIS 2 may void all releases in the state
 

On the Edge, but not enough to really rely on

Decisions are by the Federal District Courts and only preliminary motions
North Carolina Kelly v. United States of America, 2011 U.S. Dist. LEXIS 89741 North Carolina may allow a parent to sign away a minor’s right to sue for injuries when the minor is engaged in non-profit activities sponsored by schools, volunteers, or community organizations
New York DiFrancesco v. Win-Sum Ski Corp., Holiday Valley, Inc., 2017 U.S. Dist. LEXIS 39695 New York Federal Magistrate in a Motion in Limine, hearing holds the New York Skier Safety Statute allows a parent to sign away a minor’s right to sue.

What do you think? Leave a comment.

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CAIC 9th Annual Benefit Bash is coming December 3

Tickets are selling quickly. Do you have yours?

Join us on Saturday, December 3, at the Riverwalk Center in Breckenridge and support the CAIC in their continued efforts in avalanche forecasting and education throughout Colorado. We hope you can join us! Tickets are on sale now! Get yours today.

Saturday, December 3
9th Annual CAIC Benefit Bash
Breckenridge Riverwalk Center
5:00pm – 10:00pm
Tickets:
http://caicbenefitbash.eventbrite.com/?aff=email1
More info: http://avalanche.state.co.us/about-us/events/

Here are few things you have to look forward to:
•   Live music from
Pearl and Wood and The Davenports.
•   Fantastic beer from Breckenridge Brewery, Broken Compass Brewing Company, Backcountry Brewery, Pug Ryan’s Brewing Company, Dillon Dam Brewery, and The Baker’s Brewery.
•   Amazing catered dinner from
Food Hedz.
•   Over $60,000 in our silent auction and door prizes that must go home with our guests!
 

 


List of Enhancements at Colorado Ski Resorts for the 2016-17 season.

Colorado Ski Country USA Enhances Guest Experience for 2016/17 Season

with Major Capital Improvements

Resorts Invest In New Dining Options, Lifts and Transportation Upgrades

 

Photo Credit: Arapahoe Basin, Dave Camara

Colorado Ski Country USA (CSCUSA) member resorts are dedicated to providing a guest experience that sets the standard in ski vacations, from friendly employees providing personal interactions and a welcoming spirit, to unmatched guest services including top of the line amenities, customized programs and innovative activities.

CSCUSA resorts regularly invest to improve facilities and enhance the guest experience both on and off the mountain. For the 2016/17 season, guests will find new dining options, new chairlifts and new terrain enhancements, as well as other improvements that will elevate the premier skiing and snowboarding experience at CSCUSA resorts.

Below is a summary of the many upgrades at CSCUSA resorts that guests will enjoy during the 2016/17 ski season.

Arapahoe Basin

To celebrate A-Basin’s 70th Anniversary, the resort has made significant investments into improving the base area including renovating buildings, improving walkways and ramps, upgrading skier services, expanding Arapahoe Sports and providing better outdoor seating and viewing areas for the main stage.

A-Basin has recently updated all of its webcams, installing new ones last season in the base area and facing the Pali terrain and invested in a partnership with Prism for the Divide Cam, situated at the summit. For more information, visit www.arapahoebasin.com.

Aspen Snowmass

Aspen Snowmass has undergone significant renovations in anticipation of the 2016/17 season including an extensive remodel at Gwyn’s High Alpine Restaurant that will expand the building’s capacity from 350 to 800, and add a bar complete with a large wood-burning fire and big-screen televisions. Additionally the cafeteria will have a “market” setup that will improve diners’ access to food.

Lynn Britt Cabin, debuted in the spring of 2016, introduced LBC Après, a lively après party at the quaint cabin featuring $6 Woody Creek Distillers Gin & Juice Cocktails alongside après food specials starting at $5.

Aspen will host the 2017 Audi FIS Ski World Cup Finals March 15-17, 2017, marking the first time the event has been held in the U.S. in 20 years. The races will feature the best men’s and women’s alpine skiing athletes in the world competing in downhill, super-G, giant slalom, slalom and nation’s team event. For more information, visit www.aspensnowmass.com.

Cooper

This season Cooper will unveil a new mountaintop yurt lodge, a comfortable place to kick back for a break, complete with food and beverage and a large deck with stunning panoramic mountain views.

Other ski area improvements include a new Pistenbully 400 slope groomer to continue to provide the softest and smoothest snow around. There are also new administrative offices at the mountain and a new point-of-sale system in food and beverage and the retail shop. For more information, visit www.skicooper.com.

Copper Mountain

On the Rockies is Copper’s new bar and entertainment hotspot in the resort’s Center Village. Just steps from the American Eagle chairlift, On the Rockies specializes in craft whiskeys from Colorado and beyond as well as craft beer. It also features a full menu of sandwiches, salads and other American fare.

A second new eatery, Eagle BBQ, will offer a variety of barbeque options in a Colorado-themed atmosphere in Center Village’s Copper Junction building. The restaurant’s patio is as close to the snow as possible, making it a perfect après location. It is expected to open in November 2016.

Recently Copper’s Green Team secured a grant from the State of Colorado to install four Level 2 electric car charging spaces, allowing vehicles to charge in 4-8 hours. Located at the entrance of the Beeler parking lot in Copper’s Center Village, the Chargepoint interface allows users to schedule appointment times through a smartphone app, free of charge.

For 2016/17, Copper will offer a new option for those looking for luxury accommodations during their visit. White River Luxury Rentals will allow guests to book units through the White River Luxury Rentals website and coppercolorado.com. For more information, visit www.coppercolorado.com.

Crested Butte

For 2016/17 Crested Butte Mountain Resort will feature a new coffee shop, Coal Breaker Coffee, named after the Ruby-Anthracite. Coal Breaker is located in the Treasury Center in the base area and offers made-to-order crepes, breakfast sandwiches, espresso and hand scooped ice cream.

Another feature for 2016/17 is a new, quarter million dollar, state-of-the-art Montana Crystal Glide Finish automated tuning machine to provide speedy and accurate tuning of skis and snowboards to the Gunnison Valley.

A new program at the resort will debut this season, Women’s Tips on Tuesday’s is a half-day women’s specific ski school led by Crested Butte’s top female pros that concludes with a glass of wine. For more information, visit www.skicb.com.

Eldora

For 2016/17 Eldora added new runs on Indian Peaks as well as upgraded key facilities in both Timbers Lodge and Indian Peaks Lodge. Other improvements include upgrades to snowmaking equipment and guest Wi-Fi internet. For more information, visit www.eldora.com.

Monarch Mountain

For 2016/17 Monarch is adding three designated uphill travel routes that will allow guests to trek from the base area to the top of the Continental Divide. Guests must register at the information desk to receive the complimentary uphill travel ticket.

Also new this season, Monarch will have one, all-mountain point-of-sale system, Siriusware, that allows guests to log in online and reload their ticket products, skipping the ticket windows and increasing convenience. For more information, visit www.skimonarch.com.

Purgatory

New this season guests will notice the Columbine beginner area has been expanded and re-graded to improve the area where beginners learn to ski and snowboard. Also, the Snow Coaster Tubing Hill has been relocated, redesigned, and enhanced for a better user experience and a hazard tree mitigation project will vastly improve the health of the forest and enhance tree skiing at the resort.

A modernized rope tow, the new T-3 surface lift, will transport skiers on the backside of the mountain heading west to the Legends Lift 8 high-speed detachable-quad chairlift, which debuted last winter. The T-3 lift will also connect a new trail to the Legends Lift 8. The Legends Bypass, which opened last winter as an alternative way down to Lift 8, will be widened and re-graded.

Additionally, the snowmaking system has been enhanced with additional snow guns and upgraded nozzles, making snowmaking efforts more productive and efficient allowing for snowmaking as early as October.

Purgatory installed a new point-of-sale software that will make it easier for consumers who are making purchases throughout the resort, providing them with faster transactions at the Ticket Office, Snow Sports School, rentals, retail, and restaurants.

This fall, Purgatory is opening a new convenient retail, rental and repair services shop in Durango at 2615 Main Ave. The remodel will provide a new storefront for outdoor recreation apparel, gear, rentals, repair services, ticket/pass purchases, as well as the resort’s reservation center. For more information, visit www.skipurg.com.

Silverton

As Silverton celebrates its 15th anniversary season in 2016/17, the ski area will unveil a new custom ski basket for helicopter skiing which will allow the Silverton heli to fly higher and faster than ever before and allow guests to get in more runs during their stay. Also new this season, redesigned entrance steps to the tent will greet visitors.

Other improvements include an all new demo fleet featuring state of the art Marker demo bindings.

Silverton’s largest hotel, The Grand Imperial Hotel, recently completed a multi-million dollar renovation this year to return this historic building to its former luster with huge upgrades to all aspects of the facility. For more information, visit www.silvertonmountain.com.

Ski Granby Ranch

Ski Granby has added one new groomer and five new snow guns, which will increase snow making capability by more than 100 acres. Additionally, there will be new TVs and a new menu at the Grill. From more information, visit www.granbyranch.com.

Sunlight

In preparation for the season, Sunlight has updated its fleet of rental equipment with the purchase of several hundred sets of new skis, snowboards, and boots plus new tuning equipment. Coupled with a fresh wax and high-precision tuning, visitors will be ready to shine during Sunlight’s 50th anniversary season. For more information, visit www.sunlightmtn.com.

Steamboat

For 2016/17 Steamboat will replace its Elkhead fixed-grip quad with a Dopplemayr high-speed detachable quad, cutting ride times by more than half. Safety bars will also be added to the new lift. The increased speed and capacity of the new Elkhead lift is expected to substantially improve the guest experience in the popular Sunshine and Priest Creek areas of the mountain, especially at lunchtime and end-of-day egress.

Steamboat’s new mountain coaster will operate year-round in the vicinity of Christie Peak Express lift. The mountain coaster will allow guests to ride a gravity driven sled up the mountain and then slide down the rails while controlling the sled.

A new flight will offer travelers a chance to experience Steamboat’s legendary Champagne Powder® with a direct flight from San Diego International Airport (SAN) to Steamboat/Hayden Airport (HDN). Alaska Airlines will fly routes twice a week from Dec. 17, 2016 to March 25, 2017.

The resort partnered with Marmot on a new concept store located on the corner of 7th Street and Lincoln Ave in historic downtown Steamboat. The new 1,800-square-foot branded retail space will focus extensively on outerwear, apparel and accessories from the award-winning, high-performance company.

Improvements to snowmaking equipment include a new Leitwolf snowcat and an upgrade to the pumphouse to increase water capacity for snowmaking. For more information, visit www.steamboat.com.

Telluride

The beloved Telluride Mountain Village Gondola system will celebrate its 20th anniversary in December. A celebration with a series of events and a festive gala will take place during the anniversary month while a number of events will take place to celebrate the Gondola and its contribution to the region throughout the season.

Telluride’s newest restaurant, Altezza at the Peaks, offers incredible views. Altezza, which means “height” in Italian, offers an Italian-inspired menu, with a variety of main courses such as traditional pastas and Colorado-inspired dishes. To broaden the overall resort experience, Telluride is adding a number of ongoing, free, family-friendly events to take place when the lifts stop turning for the day including a kids’ zone, a holiday prelude and movie series, other movie nights and live music in the mountain village.

Skiers and riders will also have new transportation options with Allegiant Airlines adding a flight between Montrose/Telluride and Denver. The seasonal flights will operate twice weekly and fly nonstop between Montrose Regional Airport (MTJ) and DIA (DEN) with one-way fares as low as $44.

Telluride continues to invest in its infrastructure by enhancing the snowmaking capabilities in the Meadows area that caters to Ski School and beginner skiers and snowboarders. For more information, visit www.tellurideskiresort.com.

Winter Park

The Winter Park Express ski train returns, restoring passenger rail service from Denver’s Union Station to the slopes of Winter Park with service beginning Saturday, January 7 and continuing every weekend and holiday Monday through Sunday, March 26. This service is the only one of its kind in the United States.

There are four new state-of-the-art snowcats that can be used year-round to trim trees and bushes in the summer that have a tendency to peek through the snow in the winter. At peak output the resort will be able to groom almost 1,000 acres, which is a lot of corduroy. For more information, visit www.winterparkresort.com.

Wolf Creek

Wolf Creek Ski Area will debut a new lift for the 2016/17 ski season, the Lynx Lift, which will link the existing base area to a new teaching area. The top of the Lynx Lift terminal building will house a ski school greeting area facility designed for greater customer service for beginner skiers.

A portion of the Tranquility Parking Lot has been paved and other damaged areas have been repaired with 2,600 tons of asphalt. The ski and snowboard rentals have increased their fleet for next season with new demos, sport and standard models from some of the best manufactures in the industry. Guests will also see cosmetic improvements to the base area buildings as well as the Bonanza Lift.

This season marks the 40th year Wolf Creek Ski Area has been owned and operated by the Pitcher family, which is committed to operating a sustainable ski area with a low-density skiing experience that remains affordable to the public.

Other improvements include an upgrade in the food and beverage department from traditional cash registers to a point-of-sale system. Improvements to the online reservation system include allowing guests to book ski school lessons and access to the entire rental fleet. Radio telemetry for activating avalanche control exploders along the Knife Ridge out of the Horseshow Bowl were added this spring while maintenance on the the D. Boyce Poma Lift will keep piece of Wolf Creek history operating. For more information, visit www.wolfcreekski.com.


Providing First Aid in Colorado just got screwy. New law allows voluntary registration, but also places requirements on EMT’S & First Responders.

I’m not sure of the reasoning behind this law, it really does not do anything other than track EMT’s and “First Responders.”

House Bill 16-1034 was signed into law by the governor. I’ve attached a copy of the bill if you want to read it.

I’m not sure why the bill was needed.  Until things shake out, I would advise my clients not to register.  The only benefit to registering is you can say you are a registered EMT or registered first responder rather than saying you are an EMT or first responder?

Download a copy of the bill here: 1034_enr

clip_image002What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

 

Author: Outdoor Recreation Insurance, Risk Management and Law

To Purchase Go Here:

 

Copyright 2016 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

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By Recreation Law    Rec-law@recreation-law.com         James H. Moss

 

 

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10th annual Colorado Environmental Film Festival: Attend, Volunteer, Spread the Word!

 

Please join me!!!! You can buy tickets in advance at certain Whole Foods stores. Visit www.ceff.net for locations and details.

Or volunteer:

We’re using VolunteerSpot (the leading online Sign-up and reminder tool) to organize our upcoming Sign-ups for the 10th Annual Colorado Environmental Film Festival February 18-20, 2016.

Here’s how it works in 3 easy steps:

1) Click this link to see our Sign-up on VolunteerSpot: http://vols.pt/GaNPio

2) Review the options listed and choose the spot(s) you like.

3) Sign up! It’s Easy – you will NOT need to register an account or keep a password on VolunteerSpot.

Note: VolunteerSpot does not share your email address with anyone. If you prefer not to use your email address, please contact ceffchair and we can sign you up manually.

ceff_press_release_Final.pdf


Colorado River Outfitters Act

COLORADO REVISED STATUTES

TITLE 33. PARKS AND WILDLIFE

OUTDOOR RECREATION

ARTICLE 32. RIVER OUTFITTERS

33-32-101. Legislative declaration.. 1

33-32-102. Definitions. 2

33-32-103. Powers and duties of the commission – rules. 3

33-32-103.5. Variances. 3

33-32-104. License required – fee. 3

33-32-105. Minimum qualifications and conditions for a river outfitter’s license. 4

33-32-105.5. Minimum qualifications of guides, trip leaders, and guide instructors. 4

33-32-106. Equipment required – employees required to meet minimum qualifications. 5

33-32-107. River outfitters – prohibited operations – penalties. 5

33-32-108. Enforcement 6

33-32-109. Denial, suspension, or revocation of license – disciplinary actions. 8

33-32-110. Advisory committee – repeal 9

33-32-111. Fees – river outfitters cash fund. 9

33-32-112. Repeal of article. 9

C.R.S. 33-32-101 (2015)

33-32-101. Legislative declaration

The general assembly declares that it is the policy of this state to promote and encourage residents and nonresidents alike to participate in the enjoyment and use of the rivers of this state and, to that end, in the exercise of the police powers of this state for the purpose of safeguarding the health, safety, welfare, and freedom from injury or danger of such residents and nonresidents, to license and regulate those persons who provide river-running services in the nature of equipment or personal services to such residents and nonresidents for the purpose of floating on rivers in this state unless the provider of such river-running services is providing such river-running services exclusively for family or friends. It is not the intent of the general assembly to interfere in any way with private land owner rights along rivers or to prevent the owners of whitewater equipment from using said equipment to accommodate friends when no consideration is involved; nor is it the intent of the general assembly to interfere in any way with the general public’s ability to enjoy the recreational value of state rivers when the services of river outfitters are not utilized or to interfere with the right of the United States to manage public lands and waters under its control. The general assembly recognizes that river outfitters, as an established business on rivers flowing within and without this state, make a significant contribution to the economy of this state and that the number of residents and nonresidents who are participating in river-running is steadily increasing.

HISTORY: Source: L. 84: Entire article added, p. 928, § 1, effective May 9.L. 88: Entire section amended, p. 1169, § 1, effective October 1.L. 94: Entire section amended, p. 1226, § 1, effective, July 1.

33-32-102. Definitions

As used in this article, unless the context otherwise requires:

(1) “Advertise” or “advertisement” means any message in any printed materials or electronic media used in the marketing and messaging of river outfitter operations.

(1.4) and (2) Repealed.

(3) “Guide” means any individual, including but not limited to subcontractors, employed for compensation by any river outfitter for the purpose of operating vessels.

(4) “Guide instructor” means any qualified guide whose job responsibilities include the training of guides.

(5) “Person” means any individual, sole proprietorship, partnership, corporation, nonprofit corporation or organization as defined in section 13-21-115.5 (3), C.R.S., limited liability company, firm, association, or other legal entity either located within or outside of this state.

(5.5) (a) “Regulated trip” means any river trip for which river-running services are provided which has been the subject of an advertisement or for which a fee has been charged regardless of whether such fee is:

(I) Charged exclusively for the river trip or as part of a packaged trip, recreational excursion, or camp; or

(II) Calculated to monetarily profit the river outfitter or is calculated merely to offset some or all of the actual costs of the river trip.

(b) “Regulated trip” does not include a trip in which a person is providing river-running services exclusively for family or friends as part of a social gathering of such family or friends.

(6) “River outfitter” means any person advertising to provide or providing river-running services in the nature of facilities, guide services, or transportation for the purpose of river-running; except that “river outfitter” does not include any person whose only service is providing motor vehicles, vessels, and other equipment for rent, any person whose only service is providing instruction in canoeing or kayaking skills, or any person who is providing river-running services exclusively for family or friends.

(7) “Trip leader” means any guide whose job responsibilities include being placed in charge of a river trip.

(8) “Vessel” means every description of watercraft used or capable of being used as a means of transportation of persons and property on the water, other than single-chambered air-inflated devices or seaplanes.

HISTORY: Source: L. 84: Entire article added, p. 929, § 1, effective May 9.L. 88: (3) amended, (4) and (5) R&RE, and (6) to (8) added, pp. 1169, 1170, § § 2, 3, effective October 1.L. 94: (1), (5), and (6) amended and (1.4) and (5.5) added, p. 1227, § 2, effective July 1.L. 2010: (1) amended, (HB 10-1221), ch. 353, p. 1641, § 4, effective August 11.L. 2012: (1.4) and (2) repealed, (HB 12-1317), ch. 248, p. 1229, § 70, effective June 4.

33-32-103. Powers and duties of the commission – rules

The commission shall promulgate rules to govern the licensing of river outfitters, to regulate river outfitters, guides, trip leaders, and guide instructors, to ensure the safety of associated river-running activities, to establish guidelines to enable a river outfitter, guide, or trip leader to make a determination that the condition of the river constitutes a hazard to the life and safety of certain persons, and to carry out the purposes of this article. The commission may promulgate rules specifically outlining the procedures to be followed by the commission and by the enforcement section of the division in the event of a death or serious injury during a regulated trip. The commission shall e-mail a notice of every proposed rule to each licensee. The commission shall adopt rules regarding notification to outfitters of certain division personnel changes within ten days of the change and safety training standards and customer and outfitter interaction training standards for division rangers who monitor regulated trips.

HISTORY: Source: L. 84: Entire article added, p. 929, § 1, effective May 9.L. 88: Entire section amended, p. 1170, § 4, effective October 1.L. 94: Entire section amended, p. 1228, § 3, effective July 1.L. 2010: Entire section amended, (HB 10-1221), ch. 353, p. 1641, § 5, effective August 11.L. 2012: Entire section amended, (HB 12-1317), ch. 248, p. 1229, § 71, effective June 4.

33-32-103.5. Variances

The director may grant variances from rules adopted by the commission pursuant to section 33-32-103 to any river outfitter on a case-by-case basis if the director determines that the health, safety, and welfare of the general public will not be endangered by the issuance of such variance.

HISTORY: Source: L. 94: Entire section added, p. 1228, § 4, effective July 1.L. 2012: Entire section amended, (HB 12-1317), ch. 248, p. 1229, § 72, effective June 4.

33-32-104. License required – fee

(1) No person shall act in the capacity of a paid river outfitter or advertise or represent himself or herself as a river outfitter in this state without first obtaining a river outfitter’s license in accordance with rules prescribed by the commission.

(2) An applicant for a river outfitter’s license shall meet the minimum qualifications pursuant to section 33-32-105 and shall apply on a form prescribed by the commission. All applicants shall pay a nonrefundable license fee in an amount determined by the commission, which fee shall be adequate to cover the expenses incurred for inspections, licensing, and enforcement required by this article, and shall renew such license pursuant to a schedule adopted by the commission upon payment of the fee. License terms shall not exceed three years. The commission may offer licenses that differ in the length of their terms and may stagger the length of license terms so that approximately equal numbers of licensees renew their licenses each year.

(3) Every river outfitter’s license shall, at all times, be conspicuously placed on the premises set forth in the license.

HISTORY: Source: L. 84: Entire article added, p. 929, § 1, effective May 9.L. 88: (3) added, p. 1170, § 5, effective October 1.L. 2010: (1) and (2) amended, (HB 10-1221), ch. 353, p. 1641, § 6, effective August 11.L. 2012: (1) and (2) amended, (HB 12-1317), ch. 248, p. 1230, § 73, effective June 4.

33-32-105. Minimum qualifications and conditions for a river outfitter’s license

(1) A river outfitter’s license may be granted to any river outfitter, either within or without this state, meeting the following minimum qualifications and conditions:

(a) The river outfitter, if a corporation, shall be incorporated pursuant to the laws of this state or duly qualified to do business in this state.

(b) The river outfitter shall submit to the commission evidence of liability insurance in the minimum amount of three hundred thousand dollars’ combined single limit for property damage and bodily injury.

(c) The river outfitter shall meet the safety standards for river-running established by the commission by regulation.

HISTORY: Source: L. 84: Entire article added, p. 929, § 1, effective May 9.L. 88: Entire section R&RE, p. 1170, § 6, effective October 1.L. 2012: (1)(b) and (1)(c) amended, (HB 12-1317), ch. 248, p. 1230, § 74, effective June 4.

33-32-105.5. Minimum qualifications of guides, trip leaders, and guide instructors

(1) Individuals providing the services of guides, trip leaders, or guide instructors shall have the following minimum qualifications and such additional qualifications as the commission may establish by rule:

(a) Guides shall be eighteen years of age or older, possess a valid standard first-aid card, be trained in cardiopulmonary resuscitation, and have fifty hours of training on the river as a guide from a qualified guide instructor.

(b) Trip leaders shall be eighteen years of age or older, possess a valid standard first-aid card, be trained in cardiopulmonary resuscitation, and have logged at least five hundred river miles, of which at least two hundred fifty river miles shall have been logged while acting as a qualified guide and no more than two hundred fifty river miles shall have been logged while acting as a guide on nonregulated trips. Miles from nonregulated trips shall be documented and signed by the trip leader under penalty of perjury, and the licensee shall retain the documents during the term of the trip leader’s employment.

(c) Guide instructors shall be eighteen years of age or older, possess a valid standard first-aid card, be trained in cardiopulmonary resuscitation, and have logged at least fifteen hundred river miles, of which at least seven hundred fifty river miles shall have been logged while acting as a qualified guide.

(2) (Deleted by amendment, L. 2010, (HB 10-1221), ch. 353, p. 1642, § 7, effective August 11, 2010.)

HISTORY: Source: L. 88: Entire section added, p. 1171, § 7, effective October 1.L. 94: Entire section amended, p. 1228, § 5, effective July 1.L. 2010: Entire section amended, (HB 10-1221), ch. 353, p. 1642, § 7, effective August 11.L. 2012: IP(1) amended, (HB 12-1317), ch. 248, p. 1230, § 75, effective June 4.

33-32-106. Equipment required – employees required to meet minimum qualifications

(1) All licensed river outfitters shall provide the river-outfitting equipment required by rules promulgated by the commission, and said equipment shall be in a serviceable condition for its operation as required by the rules promulgated by the commission.

(2) All river outfitters who employ or contract with guides, trip leaders, or guide instructors shall employ or contract only with such individuals who meet the qualifications provided in section 33-32-105.5 (1) and provided by those rules promulgated by the commission.

HISTORY: Source: L. 84: Entire article added, p. 930, § 1, effective May 9.L. 88: Entire section amended, p. 1171, § 8, effective October 1.L. 2012: Entire section amended, (HB 12-1317), ch. 248, p. 1230, § 76, effective June 4.

33-32-107. River outfitters – prohibited operations – penalties

(1) (a) No river outfitter shall operate a river-outfitting business without a valid license as prescribed by section 33-32-104 or without insurance as provided in section 33-32-105 (1) (b). Any river outfitter that violates this paragraph (a):

(I) Commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.;

(II) Is liable for an administrative penalty of five times the annual licensing fee established pursuant to section 33-32-104 (2).

(b) If the river outfitter is a corporation, violation of this subsection (1) shall result in the officers of said corporation jointly and severally committing a class 2 misdemeanor, and said officers shall be punished as provided in section 18-1.3-501, C.R.S.

(2) It is unlawful for any river outfitter, guide, trip leader, or guide instructor to:

(a) Violate the safety equipment provisions of section 33-13-106. Any person who violates the provisions of this paragraph (a) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars; except that any person who fails to have one personal flotation device for each person on board as required by section 33-13-106 (3) (a) commits a class 3 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501, C.R.S.

(b) Operate a vessel in a careless or imprudent manner without due regard for river conditions or other attending circumstances, or in such a manner as to endanger any person, property, or wildlife. Any person who violates the provisions of this paragraph (b) is guilty of a class 3 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501, C.R.S.

(c) Operate a vessel with wanton or willful disregard for the safety of persons or property. Any person who violates the provisions of this paragraph (c) is guilty of a class 2 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501, C.R.S.

(3) (Deleted by amendment, L. 94, p. 1229, § 6, effective July 1, 1994.)

(4) (a) No river outfitter or guide shall operate or maintain physical control of or allow any other person to operate or maintain physical control of a vessel on a regulated trip if such river outfitter, guide, or person is under the influence of alcohol or any controlled substance or any combination thereof, as specified in section 33-13-108.1.

(b) Any person who violates this subsection (4) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

HISTORY: Source: L. 84: Entire article added, p. 930, § 1, effective May 9; (2)(a) amended, p. 1125, § 46, effective June 7.L. 88: (1), IP(2), and (3) amended, p. 1171, § 9, effective October 1.L. 94: (3) amended and (4) added, p. 1229, § 6, effective July 1.L. 97: (2)(a) amended, p. 1607, § 7, effective June 4.L. 2002: (1), (2), and (4)(b) amended, p. 1545, § 299, effective October 1.L. 2010: (1) amended, (HB 10-1221), ch. 353, p. 1642, § 8, effective August 11.

Cross references: For the legislative declaration contained in the 2002 act amending subsections (1), (2), and (4)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.

ANNOTATION

Law reviews. For comment, “The Public Trust Doctrine — A Tool for Expanding Recreational Rafting Rights in Colorado”, see 57 U. Colo. L. Rev. 625 (1986).

33-32-108. Enforcement

(1) (a) Every peace officer, as defined in this section, has the authority to enforce the provisions of this article and in the exercise of such authority is authorized to stop and board any vessel.

(b) As used in this section, “peace officer” means any division of parks and wildlife officer or any sheriff or city and county law enforcement officer certified by the peace officers standards and training board pursuant to part 3 of article 31 of title 24, C.R.S.

(2) (a) Any actual expenses incurred by a governmental entity for search and rescue efforts stemming from any river running activity conducted for consideration by a river outfitter pursuant to the provisions of this article shall be reimbursed by said river outfitter. Such expenses shall include but not be limited to hours worked, fuel, a reasonable fee for use of equipment, and equipment repair or replacement costs, if any.

(b) Pursuant to paragraph (a) of this subsection (2), any expenses incurred by governmental entities stemming from search and rescue efforts that are reimbursed by a river outfitter shall be distributed as follows:

(I) If to local law enforcement agencies, on a pro rata basis in proportion to the amount of assistance rendered thereby;

(II) If to the division of parks and wildlife, one-half of the moneys shall be credited to the parks and outdoor recreation cash fund, created in section 33-10-111, and one-half shall be credited to the wildlife cash fund, created in section 33-1-112.

(III) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1393, § 24, effective July 1, 2011.)

(3) (a) (I) If an authorized representative of the division conducts an inspection or investigation and determines that any provision of this article or any regulation promulgated pursuant to this article has been violated and that such violation creates or may create an emergency condition which may have a significant adverse effect on the health, safety, or welfare of any person, then such authorized representative shall immediately issue an order to the violating party to cease and desist the violating activity.

(II) Any order issued pursuant to this paragraph (a) shall set forth:

(A) The section of this article or the regulation promulgated pursuant to this article allegedly violated;

(B) The factual basis for the allegation of a violation; and

(C) A mandate that all violating activities cease immediately.

(III) (A) The recipient of any cease and desist order issued pursuant to this paragraph (a) may request a hearing to determine whether a violation of this article or of any regulation promulgated pursuant to this article has actually occurred if such request is made in writing within thirty days after the date of the service of the cease and desist order.

(B) Any hearing conducted pursuant to this subparagraph (III) shall be in accordance with article 4 of title 24, C.R.S.

(b) If a person fails to comply with a cease and desist order issued pursuant to paragraph (a) of this subsection (3), the director may request the attorney general or the district attorney for the judicial district in which the alleged violation occurred to bring an action for a temporary restraining order and for injunctive relief to enforce such cease and desist order.

(c) No stay of a cease and desist order may be issued until a hearing at which all parties are present has been held.

HISTORY: Source: L. 84: Entire article added, p. 930, § 1, effective May 9.L. 94: Entire section amended, p. 1229, § 7, effective July 1.L. 2011: (1)(b), IP(2)(b), (2)(b)(II), and (2)(b)(III) amended, (SB 11-208), ch. 293, p. 1393, § 24, effective July 1.L. 2012: (1)(b) amended, (HB 12-1283), ch. 240, p. 1136, § 54, effective July 1.

Cross references: For the legislative declaration in the 2012 act amending subsection (1)(b), see section 1 of chapter 240, Session Laws of Colorado 2012.

33-32-109. Denial, suspension, or revocation of license – disciplinary actions

(1) The commission may deny, suspend, or revoke a river outfitter license, place a licensed river outfitter on probation, or issue a letter of admonition to a licensed river outfitter if the applicant or holder:

(a) Violates section 33-32-105 or 33-32-106 or uses fraud, misrepresentation, or deceit in applying for or attempting to apply for licensure;

(b) Unlawfully acts as a river outfitter if such violation results in a conviction;

(c) Advertises as a river outfitter in this state without first obtaining a river outfitter license;

(d) Violates any provision of law regulating the practice of river outfitting in another jurisdiction if such violation resulted in disciplinary action against the applicant or holder. Evidence of such disciplinary action shall be prima facie evidence for the possible denial of a license or other disciplinary action in this state if the violation resulting in the disciplinary action in such other jurisdiction would be grounds for disciplinary action in this state.

(e) Violates section 18-4-503 or 18-4-504, C.R.S., resulting in two or more second or third degree criminal trespass convictions within any three- to five-year period while acting as a river outfitter or guide; except that the commission shall be governed by section 24-5-101, C.R.S., when considering any such conviction;

(f) Violates section 33-32-105.5 (1) by employing any person as a guide who fails to meet the requirements of such section; or

(g) Violates any order of the division or commission or any other provision of this article or any rules promulgated under this article.

(2) A plea of nolo contendere or a deferred prosecution shall be considered a violation for the purposes of this section.

(3) (a) Any proceeding to deny, suspend, or revoke a license granted under this article or to place a licensee on probation shall be pursuant to sections 24-4-104 and 24-4-105, C.R.S. Such proceeding may be conducted by an administrative law judge designated pursuant to part 10 of article 30 of title 24, C.R.S.

(b) Any proceeding conducted pursuant to this subsection (3) shall be deemed final for purposes of judicial review. Any appeal of any such proceeding shall be made to the court of appeals pursuant to section 24-4-106 (11), C.R.S.

(4) The commission may deny an application for a river outfitter license or a renewal of a river outfitter’s license if the applicant does not meet the requirements specified in section 33-32-105 or 33-32-106.

HISTORY: Source: L. 84: Entire article added, p. 931, § 1, effective May 9.L. 88: Entire section amended, p. 1172, § 10, effective October 1.L. 94: Entire section amended, p. 1230, § 8, effective July 1.L. 2012: IP(1), (1)(e), (1)(g), and (4) amended, (HB 12-1317), ch. 248, p. 1231, § 77, effective June 4.

33-32-110. Advisory committee – repeal

(1) The commission shall appoint a river outfitter advisory committee, consisting of two river outfitters and one representative of the division. The committee shall review and make recommendations concerning rules promulgated and proposed pursuant to this article.

(2) (a) This section is repealed, effective July 1, 2019.

(b) Prior to its repeal, the advisory committee shall be reviewed as provided for in section 2-3-1203, C.R.S.

HISTORY: Source: L. 84: Entire article added, p. 931, § 1, effective May 9.L. 86: Entire section amended, p. 423, § 54, effective March 26.L. 88: (2)(a) amended, p. 1172, § 11, effective October 1.L. 89: Entire section repealed, p. 1147, § 3, effective April 6.L. 94: Entire section RC&RE, p. 1232, § 9, effective July 1.L. 2000: Entire section repealed, p. 185, § 2, effective July 1.L. 2010: Entire section RC&RE, (HB 10-1221), ch. 353, p. 1643, § 9, effective August 11.L. 2012: (1) amended, (HB 12-1317), ch. 248, p. 1231, § 78, effective June 4.

33-32-111. Fees – river outfitters cash fund

All fees collected under this article shall be transmitted to the state treasurer who shall credit the same to the river outfitters cash fund, which fund is hereby created. The general assembly shall make annual appropriations from such fund for the direct and indirect costs of administration of this article.

HISTORY: Source: L. 84: Entire article added, p. 931, § 1, effective May 9.L. 94: Entire section amended, p. 1232, § 10, effective July 1.

33-32-112. Repeal of article

This article and the licensing function of the division are repealed, effective September 1, 2019. Prior to such termination, the licensing function shall be reviewed as provided for in section 24-34-104, C.R.S.

HISTORY: Source: L. 84: Entire article added, p. 931, § 1, effective May 9.L. 88: Entire section amended, p. 931, § 20, effective April 28; entire section amended p. 1172, § 12, effective October 1.L. 94: Entire section amended, p. 1232, § 11, effective July 1.L. 2004: Entire section amended, p. 297, § 3, effective August 4.L. 2010: Entire section amended, (HB 10-1221), ch. 353, p. 1640, § 3, effective August 11.

Editor’s note: Amendments to this section by House Bill 88-1036 and House Bill 88-1138 were harmonized.


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