Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted 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 3rd Reading Unamended March 25, 2024 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, Clifford, Lukens, Mauro, McCluskie 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-