Colorado 2025 Regular Session

Colorado Senate Bill SB021 Compare Versions

Only one version of the bill is available at this time.
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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 25-0661.01 Christopher McMichael x4775
88 SENATE BILL 25-021
99 Senate Committees House Committees
1010 Agriculture & Natural Resources
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING THE REGISTRATION OF OFF -HIGHWAY VEHICLES .101
1414 Bill Summary
1515 (Note: This summary applies to this bill as introduced and does
1616 not reflect any amendments that may be subsequently adopted. If this bill
1717 passes third reading in the house of introduction, a bill summary that
1818 applies to the reengrossed version of this bill will be available at
1919 http://leg.colorado.gov
2020 .)
2121 The bill specifies that dealers of off-highway vehicles shall require
2222 a purchaser of an off-highway vehicle to complete the off-highway
2323 vehicle registration application and pay the registration fee in order to
2424 complete the sale of an off-highway vehicle, unless the purchaser attests
2525 that the off-highway vehicle will be used exclusively outside the state.
2626 The bill clarifies that a dealer that does not comply with the registration
2727 requirements is subject to a fine of $200 per instance of noncompliance.
2828 The bill also explicitly authorizes the parks and wildlife commission to
2929 SENATE SPONSORSHIP
3030 Bright,
3131 HOUSE SPONSORSHIP
3232 (None),
3333 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3434 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3535 Dashes through the words or numbers indicate deletions from existing law. adopt rules concerning the enforcement of the registration requirements
3636 of off-highway vehicles.
3737 Under current law, proof of ownership is required for the
3838 registration of an off-highway vehicle. The bill removes this requirement
3939 so that an individual registering their off-highway vehicle no longer has
4040 to provide the division of parks and wildlife with proof of ownership for
4141 the off-highway vehicle.
4242 The bill amends certain provisions related to the off-highway
4343 vehicle recreation fund (fund) to clarify what the money in the fund shall
4444 be used for. The bill also specifies that money remaining in the fund at
4545 the end of a given fiscal year shall remain in the fund and only be used for
4646 specific purposes related to the use of off-highway vehicles in Colorado.
4747 Be it enacted by the General Assembly of the State of Colorado:1
4848 SECTION 1. Legislative declaration. (1) The general assembly2
4949 finds and declares that:3
5050 (a) Off-highway vehicle recreation is the second highest4
5151 recreational use of public lands in Colorado, only behind the skiing5
5252 industry;6
5353 (b) There are over 290,000 households that participate in7
5454 off-highway vehicle recreation each year;8
5555 (c) In the 2022-23 season, there was over $1.4 billion in direct9
5656 sales of off-highway vehicles and an additional $1.4 billion in indirect10
5757 and induced sales related to off-highway vehicle recreation, accounting11
5858 for a $2.8 billion contribution to the Colorado economy;12
5959 (d) Off-highway vehicle recreation supports nearly 19,000 jobs in13
6060 Colorado and $1 billion in labor income; and14
6161 (e) Money collected by off-highway vehicle registration fees is15
6262 used to support the use, maintenance, and quality of off-highway vehicle16
6363 recreation areas in Colorado and is one of the only user-funded trail17
6464 maintenance programs in the state.18
6565 (2) Therefore, the general assembly further declares that it is in19
6666 SB25-021-2- the interest of the state of Colorado to require that purchasers of1
6767 off-highway vehicles register their vehicles and pay the registration fee2
6868 at the point-of-sale in order to protect a vital source of revenue for the3
6969 state and help ensure the continued growth of an important industry for4
7070 the Colorado economy.5
7171 SECTION 2. In Colorado Revised Statutes, 33-14.5-102, amend6
7272 (2)(a) and (8) as follows:7
7373 33-14.5-102. Off-highway vehicle registration -8
7474 nonresident-owned or -operated off-highway vehicle permits - fees -9
7575 applications - requirements - exemptions - rules. (2) (a) (I) E
7676 XCEPT AS10
7777 PROVIDED IN SUBSECTION (2)(a)(II) OF THIS SECTION, every dealer shall11
7878 require a purchaser of an off-highway vehicle to complete a registration12
7979 application and pay the registration fee before the vehicle leaves the
8080 13
8181 dealer's premises, except for those off-highway vehicles purchased for14
8282 use exclusively outside of this state IN ORDER TO COMPLETE THE SALE OF15
8383 AN OFF-HIGHWAY VEHICLE.16
8484 (II) A
8585 PURCHASER OF AN OFF-HIGHWAY VEHICLE WHO ATTESTS17
8686 THAT THE OFF-HIGHWAY VEHICLE IS BEING PURCHASED FOR USE18
8787 EXCLUSIVELY OUTSIDE OF THIS STATE IS NOT REQUIRED TO COMPLETE A19
8888 REGISTRATION APPLICATION OR PAY THE REGISTRATION FEE PURSUANT TO20
8989 SUBSECTION (2)(a)(I) OF THIS SECTION.21
9090 (8) Any
9191 A dealer who does not comply with subsection (2)(a)22
9292 SUBSECTION (2)(a)(I) of this section commits a civil infraction and, upon23
9393 conviction, shall be punished by a fine of one TWO hundred dollars PER24
9494 OFF-HIGHWAY VEHICLE SOLD WITHOUT THE PURCHASER COMPLETING A25
9595 REGISTRATION APPLICATION OR PAYING THE REGISTRATION FEE .26
9696 SECTION 3. In Colorado Revised Statutes, 33-14.5-103, repeal27
9797 SB25-021
9898 -3- (1) as follows:1
9999 33-14.5-103. Record of registered off-highway vehicles2
100100 maintained. (1) The division shall require proof of ownership for an3
101101 off-highway vehicle prior to the initial registration required under this4
102102 article, but the division shall not issue a certificate of title for the vehicle.5
103103 SECTION 4. In Colorado Revised Statutes, 33-14.5-106, amend6
104104 (1) as follows:7
105105 33-14.5-106. Off-highway vehicle recreation fund - creation -8
106106 use of money. (1) (a) All fees collected from the registration of9
107107 off-highway vehicles and all fees collected from the sale of off-highway10
108108 use permits, plus all interest earned on such moneys THE MONEY, shall be11
109109 credited to the off-highway vehicle recreation fund, which fund is hereby12
110110 created, and shall be used for:13
111111 (I) The administration of this article, ARTICLE 14.5;14
112112 (II) for PROVIDING information and awareness on the availability15
113113 of off-highway vehicle recreational opportunities;16
114114 (III) for The promotion of off-highway vehicle safety;17
115115 (IV) for The establishment and maintenance of off-highway18
116116 vehicle routes, parking areas, and facilities; and19
117117 (V) for The purchase or lease of private land for the purposes of20
118118 access to public land for uses consistent with the provisions of this article;21
119119 ARTICLE 14.5.22
120120 (b) However, any moneys MONEY collected in excess of four23
121121 dollars per original INITIAL or renewal registration shall be used24
122122 exclusively for direct services and not
123123 FOR administrative costs.25
124124 (c) The general assembly shall make annual appropriations from26
125125 the off-highway vehicle recreation fund for the purposes enumerated in27
126126 SB25-021
127127 -4- this subsection (1).1
128128 (d) A
129129 NY UNEXPENDED AND UNENCUMBERED MONEY REMAINING2
130130 IN THE FUND AT THE END OF A STATE FISCAL YEAR OR ANY MONEY THAT3
131131 IS RETURNED TO THE FUND REMAINS IN THE FUND AND SHALL NOT BE4
132132 TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND .5
133133 SECTION 5. In Colorado Revised Statutes, 33-14.5-107, amend6
134134 (1) introductory portion; and add (1)(e) as follows:7
135135 33-14.5-107. Rules. (1) The commission shall adopt rules in the8
136136 manner provided by article 4 of title 24, C.R.S.,
137137 concerning the following:9
138138 (e) E
139139 NFORCEMENT OF OFF-HIGHWAY VEHICLE REGISTRATION10
140140 REQUIREMENTS IN ACCORDANCE WITH SECTIONS 33-14.5-102 AND11
141141 33-14.5-104.12
142142 SECTION 6. Act subject to petition - effective date -13
143143 applicability. (1) This act takes effect at 12:01 a.m. on the day following14
144144 the expiration of the ninety-day period after final adjournment of the15
145145 general assembly; except that, if a referendum petition is filed pursuant16
146146 to section 1 (3) of article V of the state constitution against this act or an17
147147 item, section, or part of this act within such period, then the act, item,18
148148 section, or part will not take effect unless approved by the people at the19
149149 general election to be held in November 2026 and, in such case, will take20
150150 effect on the date of the official declaration of the vote thereon by the21
151151 governor.22
152152 (2) This act applies to violations occurring on or after the23
153153 applicable effective date of this act.24
154154 SB25-021
155155 -5-