Colorado 2024 Regular Session

Colorado Senate Bill SB056 Latest Draft

Bill / Enrolled Version Filed 04/03/2024

                            SENATE BILL 24-056
BY SENATOR(S) Hinrichsen and Will;
also REPRESENTATIVE(S) Snyder and Weinberg, Clifford, Lukens,
Mauro, McCluskie.
C
ONCERNING PROGRAMS FOR OFF -HIGHWAY VEHICLE USERS , AND, IN
CONNECTION THEREWITH
, EXEMPTING COMMERCIAL USE ON PRIVATE
PROPERTY FROM SNOWMOBILE REGISTRATION
, CREATING AN
OUT
-OF-STATE SNOWMOBILE PERMIT TO DRIVE ON PUBLICLY OWNED
LANDS
, AND ADDING THE SEARCH AND RESCUE FEE TO SNOWMOBILE
AND OFF
-HIGHWAY VEHICLE PERMITS.
 
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 33-14-102, amend
(6)(c) as follows:
33-14-102.  Snowmobile registration - fees - applications -
requirements - penalties - exemptions - rules. (6)  No registration under
this section is required for the following snowmobiles:
(c)  Snowmobiles used strictly on private property; for private,
noncommercial purposes;
NOTE:  This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. SECTION 2. In Colorado Revised Statutes, 33-14-106, amend (1)
as follows:
33-14-106.  Snowmobile recreation fund - creation - use of
money. (1) (a)  T
HE SNOWMOBILE RECREATION FUND IS CREATED IN THE
STATE TREASURY
.
(b)  Except as provided pursuant to subsection (2) of this section, all
fees from the registration of snowmobiles, 
ALL MONEY COLLECTED FOR THE
ISSUANCE OF OUT
-OF-STATE SNOWMOBILE PERMITS PURSUANT TO SECTION
33-14-121, all money collected for fines under this article 14, and all
interest earned on the fees and fines shall be
 ARE credited to the
snowmobile recreation fund. hereby created, and shall be used THE DIVISION
AND COMMISSION SHALL USE THE MONEY IN THE FUND
 for the administration
of this article 14 and for the establishment and maintenance of snowmobile
trails, vehicle parking areas, and facilities. However, any fee money
collected in excess of five dollars per
 UP TO SEVENTEEN PERCENT OF EACH
original or renewal registration shall MUST be used exclusively for direct
services and not administrative costs.
SECTION 3. In Colorado Revised Statutes, 33-14-107, amend (1)
introductory portion and (1)(c); and add (1)(d) as follows:
33-14-107.  Rules. (1)  The commission shall adopt rules, in the
manner provided by article 4 of title 24, C.R.S., for the following purposes:
(c)  Formulation of other regulations RULES concerning the use of
snowmobiles, but not in any way inconsistent with the provisions of this
article ARTICLE 14; AND
(d)  PROCEDURES AND REQUIREMENTS TO IMPLEMENT AND
ADMINISTER THE OUT
-OF-STATE SNOWMOBILE PERMIT PROGRAM CREATED
IN SECTION 
33-14-121.
SECTION 4. In Colorado Revised Statutes, add 33-14-121 as
follows:
33-14-121.  Out-of-state snowmobile permit program - fees -
requirements - exemptions - rules - penalty - repeal. (1)  N
O LATER THAN
PAGE 2-SENATE BILL 24-056 JANUARY 1, 2025, THE DIVISION SHALL ESTABLISH BY RULE THE
OUT
-OF-STATE SNOWMOBILE PERMIT PROGRAM .
(2) (a)  E
XCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION, AN
OWNER OR OPERATOR OF AN OUT
-OF-STATE SNOWMOBILE SHALL OBTAIN AN
OUT
-OF-STATE SNOWMOBILE PERMIT WHEN USING THE SNOWMOBILE FOR
RECREATIONAL TRAVEL UPON PUBLICLY OWNED LAND
.
(b)  E
XCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION, A
SNOWMOBILE DESCRIBED IN SUBSECTION
 (2)(a) OF THIS SECTION MUST
DISPLAY A PERMIT AS REQUIRED BY THE DIVISION WHEN BEING USED FOR
RECREATIONAL TRAVEL ON PUBLICLY OWNED LAND
.
(c) (I)  T
HIS SUBSECTION (2) TAKES EFFECT OCTOBER 1, 2025.
(II)  T
HIS SUBSECTION (2)(c) IS REPEALED, EFFECTIVE JULY 1, 2026.
(3)  T
HE OWNER OR OPERATOR OF THE FOLLOWING SNOWMOBILES
NEED NOT COMPLY WITH SUBSECTION 
(2) OF THIS SECTION:
(a)  S
NOWMOBILES OWNED BY THE UNITED STATES OR ANOTHER
STATE OR POLITICAL SUBDIVISION OF ANOTHER STATE IF THE OWNERSHIP IS
CLEARLY DISPLAYED ON THE SNOWMOBILE
;
(b)  S
NOWMOBILES OPERATED IN AN ORGANIZED COMPETITIVE OR
NONCOMPETITIVE EVENT ON PUBLICLY OR PRIVATELY OWNED OR LEASED
LAND
; EXCEPT THAT THIS EXEMPTION DOES NOT APPLY UNLESS THE AGENCY
EXERCISING JURISDICTION OVER THE LAND SPECIFICALLY AUTHORIZES THE
ORGANIZED EVENT
; OR
(c)  SNOWMOBILES OPERATED ON PUBLICLY OWNED LAND FOR
NONRECREATIONAL PURPOSES
, INCLUDING LOGGING, MINING, GRAZING
LIVESTOCK
, FIREWOOD-CUTTING, AND TAKING TREES FOR NONCOMMERCIAL
PURPOSES
.
(4)  O
UT-OF-STATE SNOWMOBILE PERMITS , WHEN ISSUED ON OR
BEFORE 
OCTOBER 1 OF EACH YEAR FOR USE IN THE NEXT PERMIT YEAR, ARE
VALID FOR ONE YEAR FROM 
OCTOBER 1 THROUGH THE FOLLOWING
SEPTEMBER 30, AND PERMITS ISSUED AFTER OCTOBER 1 FOR THE CURRENT
PERMIT YEAR EXPIRE ON 
SEPTEMBER 30 OF THE FOLLOWING YEAR.
PAGE 3-SENATE BILL 24-056 (5) (a)  AGENTS, AS DESCRIBED IN SECTION 33-12-104, SHALL SELL
OUT
-OF-STATE SNOWMOBILE PERMITS .
(b)  T
HE COMMISSION SHALL SET THE AMOUNT OF THE FEE TO BE PAID
FOR THE PERMIT BY RULE AND DEPOSIT THE FEES IN THE SNOWMOBILE
RECREATION FUND CREATED IN SECTION 
33-14-106 (1)(a).
(6)  A
 PERSON WHO VIOLATES THIS SECTION COMMITS A CIVIL
INFRACTION AND
, UPON CONVICTION, IS SUBJECT TO A FINE OF ONE HUNDRED
DOLLARS
.
SECTION 5. In Colorado Revised Statutes, 33-1-112.5, amend
(2)(b) as follows:
33-1-112.5.  Backcountry search and rescue fund - repeal.
(2) (b) (I)  Until the commission establishes a new amount in rules
promulgated pursuant to subsection (2)(b)(II) of this section, a surcharge of
twenty-five cents shall be
 IS assessed on each vessel, each snowmobile and
REGISTRATION, EACH OUT -OF-STATE SNOWMOBILE PERMIT , each
off-highway vehicle registration, 
AND EACH OFF-HIGHWAY USE PERMIT that
is sold by the division or one of its agents pursuant to section 33-13-103,
33-14-102, or
 33-14-121, 33-14.5-102, OR 33-14.5-112. Receipts and
interest from the surcharge shall be ARE deposited in the backcountry search
and rescue fund created in subsection (1) of this section.
(II)  On or after January 1, 2023, the commission shall promulgate
rules establishing the amount of the surcharge that shall be IS assessed on
each vessel, each snowmobile and REGISTRATION, EACH OUT-OF-STATE
SNOWMOBILE PERMIT
, each off-highway vehicle registration, AND EACH
OFF
-HIGHWAY USE PERMIT that is sold by the division or one of its agents
pursuant to section 33-13-103, 33-14-102, or
 33-14-121, 33-14.5-102, OR
33-14.5-112. Receipts and interest from the surcharge shall be ARE
deposited in the backcountry search and rescue fund created in subsection
(1) of this section.
SECTION 6. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
PAGE 4-SENATE BILL 24-056 within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________  ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________  ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
            APPROVED________________________________________
                                                        (Date and Time)
                              _________________________________________
                             Jared S. Polis
                             GOVERNOR OF THE STATE OF COLORADO
PAGE 5-SENATE BILL 24-056