Colorado 2024 2024 Regular Session

Colorado Senate Bill SB056 Amended / Bill

Filed 03/22/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0550.01 Jery Payne x2157
SENATE BILL 24-056
Senate Committees House Committees
Transportation & Energy Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING PROGRAMS FOR OFF -HIGHWAY VEHICLE USERS , AND, IN101
CONNECTION THEREWITH , EXEMPTING COMMERCIAL USE ON102
PRIVATE PROPERTY FROM SNOWMOBILE REGISTRATION	,103
CREATING AN OUT-OF-STATE SNOWMOBILE PERMIT TO DRIVE ON104
PUBLICLY OWNED LANDS , AND ADDING THE SEARCH AND RESCUE105
FEE TO SNOWMOBILE AND OFF -HIGHWAY VEHICLE PERMITS .106
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
.)
Current law requires a snowmobile owner to register the
HOUSE
2nd Reading Unamended
March 22, 2024
SENATE
3rd Reading Unamended
February 5, 2024
SENATE
Amended 2nd Reading
February 1, 2024
SENATE SPONSORSHIP
Hinrichsen and Will,
HOUSE SPONSORSHIP
Snyder and Weinberg,
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. snowmobile, but exempts snowmobiles that are used only on private
property for private, noncommercial use. The bill expands the exemption
to cover all use on private property, regardless of whether the snowmobile
is used commercially.
In current law, the snowmobile recreation fund is used to, among
other things, establish and maintain snowmobile trails and related
facilities. A resident of Colorado who uses a snowmobile on publicly
owned land must register the snowmobile and pay a fee, which is
deposited in the snowmobile recreation fund. The bill repeals a $5 per
registration cap on the amount of the fee that can be used for
administration.
The bill creates an out-of-state snowmobile permit that an owner
or operator of an out-of-state snowmobile must obtain and display to
drive the snowmobile on publicly owned land. To get the permit, the
owner must pay a fee in an amount set by the parks and wildlife
commission.
Exceptions are created for snowmobiles:
! Owned by governments;
! Operated in an organized event authorized by the
government with jurisdiction over the land on which the
snowmobile is operated; and
! Operated on publicly owned land for nonrecreational
purposes.
The fine for a violation is $100. Permits are valid for one year
from April 1 to March 31 and are issued by agents of the director of the
division of parks and wildlife.
Current law creates a search and rescue program that pays for
backcountry search and rescue operations. Snowmobile and off-highway
vehicle registrations require the payment of a search and rescue fee,
which entitles the payer of the fee to be covered by the program. The bill
adds the search and rescue fee to out-of-state snowmobile permits and
off-highway use permits.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 33-14-102, amend2
(6)(c) as follows:3
33-14-102.  Snowmobile registration - fees - applications -4
requirements - penalties - exemptions - rules. (6)  No registration under5
this section is required for the following snowmobiles:6
(c)  Snowmobiles used strictly on private property; for private,
7
056-2- noncommercial purposes;1
SECTION 2. In Colorado Revised Statutes, 33-14-106, amend2
(1) as follows:3
33-14-106.  Snowmobile recreation fund - creation - use of4
money. (1) (a)  T
HE SNOWMOBILE RECREATION FUND IS CREATED IN THE5
STATE TREASURY.6
(b)  Except as provided pursuant to subsection (2) of this section,7
all fees from the registration of snowmobiles, 
ALL MONEY COLLECTED FOR8
THE ISSUANCE OF OUT-OF-STATE SNOWMOBILE PERMITS PURSUANT TO9
SECTION 33-14-121, all money collected for fines under this article 14,10
and all interest earned on the fees and fines shall be
 ARE credited to the11
snowmobile recreation fund. hereby created, and shall be used THE12
DIVISION AND COMMISSION SHALL USE THE MONEY IN THE FUND for the13
administration of this article 14 and for the establishment and14
maintenance of snowmobile trails, vehicle parking areas, and facilities.15
However, any fee money collected in excess of five dollars per UP TO16
SEVENTEEN PERCENT OF EACH original or renewal registration shall MUST17
be used exclusively for direct services and not administrative costs.18
SECTION 3. In Colorado Revised Statutes, 33-14-107, amend19
(1) introductory portion and (1)(c); and add (1)(d) as follows:20
33-14-107.  Rules. (1)  The commission shall adopt rules, in the21
manner provided by article 4 of title 24, C.R.S., for the following22
purposes:23
(c)  Formulation of other regulations RULES concerning the use of24
snowmobiles, but not in any way inconsistent with the provisions of this25
article ARTICLE 14; AND26
(d)  P
ROCEDURES AND REQUIREMENTS TO IMPLEMENT AND27
056
-3- ADMINISTER THE OUT-OF-STATE SNOWMOBILE PERMIT PROGRAM CREATED1
IN SECTION 33-14-121.2
SECTION 4. In Colorado Revised Statutes, add 33-14-121 as3
follows:4
33-14-121.  Out-of-state snowmobile permit program - fees -5
requirements - exemptions - rules - penalty - repeal. (1)  N
O LATER6
THAN JANUARY 1, 2025, THE DIVISION SHALL ESTABLISH BY RULE THE7
OUT-OF-STATE SNOWMOBILE PERMIT PROGRAM .8
(2) (a)  E
XCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION,9
AN OWNER OR OPERATOR OF AN OUT -OF-STATE SNOWMOBILE SHALL10
OBTAIN AN OUT-OF-STATE SNOWMOBILE PERMIT WHEN USING THE11
SNOWMOBILE FOR RECREATIONAL TRAVEL UPON PUBLICLY OWNED LAND .12
(b)  E
XCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION, A13
SNOWMOBILE DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION MUST14
DISPLAY A PERMIT AS REQUIRED BY THE DIVISION WHEN BEING USED FOR15
RECREATIONAL TRAVEL ON PUBLICLY OWNED LAND .16
(c) (I)  T
HIS SUBSECTION (2) TAKES EFFECT OCTOBER
 1, 2025.17
(II)  T
HIS SUBSECTION (2)(c) IS REPEALED, EFFECTIVE JULY 1, 2026.18
(3)  T
HE OWNER OR OPERATOR OF THE FOLLOWING SNOWMOBILES19
NEED NOT COMPLY WITH SUBSECTION (2) OF THIS SECTION:20
(a)  S
NOWMOBILES OWNED BY THE UNITED STATES OR ANOTHER21
STATE OR POLITICAL SUBDIVISION OF ANOTHER STATE IF THE OWNERSHIP22
IS CLEARLY DISPLAYED ON THE SNOWMOBILE ;23
(b)  S
NOWMOBILES OPERATED IN AN ORGANIZED COMPETITIVE OR24
NONCOMPETITIVE EVENT ON PUBLICLY OR PRIVATELY OWNED OR LEASED25
LAND; EXCEPT THAT THIS EXEMPTION DOES NOT APPLY UNLESS THE26
AGENCY EXERCISING JURISDICTION OVER THE LAND SPECIFICALLY27
056
-4- AUTHORIZES THE ORGANIZED EVENT ; OR1
(c)  S
NOWMOBILES OPERATED ON PUBLICLY OWNED LAND FOR2
NONRECREATIONAL PURPOSES , INCLUDING LOGGING, MINING, GRAZING3
LIVESTOCK, FIREWOOD-CUTTING, AND TAKING TREES FOR4
NONCOMMERCIAL PURPOSES .5
(4)  O
UT-OF-STATE SNOWMOBILE PERMITS , WHEN ISSUED ON OR6
BEFORE OCTOBER
 1 OF EACH YEAR FOR USE IN THE NEXT PERMIT YEAR ,7
ARE VALID FOR ONE YEAR FROM OCTOBER 1 THROUGH THE FOLLOWING8
S
EPTEMBER 30
, AND PERMITS ISSUED AFTER OCTOBER 1 FOR THE CURRENT9
PERMIT YEAR EXPIRE ON SEPTEMBER 30 OF THE FOLLOWING YEAR.10
(5) (a)  A
GENTS, AS DESCRIBED IN SECTION 33-12-104, SHALL SELL11
OUT-OF-STATE SNOWMOBILE PERMITS .12
(b)  T
HE COMMISSION SHALL SET THE AMOUNT OF THE FEE TO BE13
PAID FOR THE PERMIT BY RULE AND DEPOSIT THE FEES IN THE SNOWMOBILE14
RECREATION FUND CREATED IN SECTION 33-14-106 (1)(a).15
(6)  A
 PERSON WHO VIOLATES THIS SECTION COMMITS A CIVIL16
INFRACTION AND, UPON CONVICTION, IS SUBJECT TO A FINE OF ONE17
HUNDRED DOLLARS.18
SECTION 5. In Colorado Revised Statutes, 33-1-112.5, amend19
(2)(b) as follows:20
33-1-112.5.  Backcountry search and rescue fund - repeal.21
(2) (b) (I)  Until the commission establishes a new amount in rules22
promulgated pursuant to subsection (2)(b)(II) of this section, a surcharge23
of twenty-five cents shall be
 IS assessed on each vessel, each snowmobile24
and REGISTRATION, EACH OUT-OF-STATE SNOWMOBILE PERMIT , each25
off-highway vehicle registration, 
AND EACH OFF-HIGHWAY USE PERMIT26
that is sold by the division or one of its agents pursuant to section27
056
-5- 33-13-103, 33-14-102, or 33-14-121, 33-14.5-102, OR 33-14.5-112.1
Receipts and interest from the surcharge shall be ARE deposited in the2
backcountry search and rescue fund created in subsection (1) of this3
section.4
(II)  On or after January 1, 2023, the commission shall promulgate5
rules establishing the amount of the surcharge that shall be IS assessed on6
each vessel, each snowmobile and REGISTRATION, EACH OUT-OF-STATE7
SNOWMOBILE PERMIT, each off-highway vehicle registration, AND EACH8
OFF-HIGHWAY USE PERMIT that is sold by the division or one of its agents9
pursuant to section 33-13-103, 33-14-102, or 33-14-121, 33-14.5-102, OR10
33-14.5-112. Receipts and interest from the surcharge shall be ARE11
deposited in the backcountry search and rescue fund created in subsection12
(1) of this section.13
SECTION 6. Act subject to petition - effective date. This act14
takes effect at 12:01 a.m. on the day following the expiration of the15
ninety-day period after final adjournment of the general assembly; except16
that, if a referendum petition is filed pursuant to section 1 (3) of article V17
of the state constitution against this act or an item, section, or part of this18
act within such period, then the act, item, section, or part will not take19
effect unless approved by the people at the general election to be held in20
November 2024 and, in such case, will take effect on the date of the21
official declaration of the vote thereon by the governor.22
056
-6-