Colorado 2025 Regular Session

Colorado Senate Bill SB021 Latest Draft

Bill / Introduced Version Filed 01/08/2025

                            First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 25-0661.01 Christopher McMichael x4775
SENATE BILL 25-021
Senate Committees House Committees
Agriculture & Natural Resources
A BILL FOR AN ACT
C
ONCERNING THE REGISTRATION OF OFF -HIGHWAY VEHICLES .101
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
.)
The bill specifies that dealers of off-highway vehicles shall require
a purchaser of an off-highway vehicle to complete the off-highway
vehicle registration application and pay the registration fee in order to
complete the sale of an off-highway vehicle, unless the purchaser attests
that the off-highway vehicle will be used exclusively outside the state.
The bill clarifies that a dealer that does not comply with the registration
requirements is subject to a fine of $200 per instance of noncompliance.
The bill also explicitly authorizes the parks and wildlife commission to
SENATE SPONSORSHIP
Bright,
HOUSE SPONSORSHIP
(None),
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. adopt rules concerning the enforcement of the registration requirements
of off-highway vehicles.
Under current law, proof of ownership is required for the
registration of an off-highway vehicle. The bill removes this requirement
so that an individual registering their off-highway vehicle no longer has
to provide the division of parks and wildlife with proof of ownership for
the off-highway vehicle.
The bill amends certain provisions related to the off-highway
vehicle recreation fund (fund) to clarify what the money in the fund shall
be used for. The bill also specifies that money remaining in the fund at
the end of a given fiscal year shall remain in the fund and only be used for
specific purposes related to the use of off-highway vehicles in Colorado.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1)  The general assembly2
finds and declares that:3
(a)  Off-highway vehicle recreation is the second highest4
recreational use of public lands in Colorado, only behind the skiing5
industry;6
(b)  There are over 290,000 households that participate in7
off-highway vehicle recreation each year;8
(c)  In the 2022-23 season, there was over $1.4 billion in direct9
sales of off-highway vehicles and an additional $1.4 billion in indirect10
and induced sales related to off-highway vehicle recreation, accounting11
for a $2.8 billion contribution to the Colorado economy;12
(d)  Off-highway vehicle recreation supports nearly 19,000 jobs in13
Colorado and $1 billion in labor income; and14
(e)  Money collected by off-highway vehicle registration fees is15
used to support the use, maintenance, and quality of off-highway vehicle16
recreation areas in Colorado and is one of the only user-funded trail17
maintenance programs in the state.18
(2)  Therefore, the general assembly further declares that it is in19
SB25-021-2- the interest of the state of Colorado to require that purchasers of1
off-highway vehicles register their vehicles and pay the registration fee2
at the point-of-sale in order to protect a vital source of revenue for the3
state and help ensure the continued growth of an important industry for4
the Colorado economy.5
SECTION 2. In Colorado Revised Statutes, 33-14.5-102, amend6
(2)(a) and (8) as follows:7
33-14.5-102.  Off-highway vehicle registration -8
nonresident-owned or -operated off-highway vehicle permits - fees -9
applications - requirements - exemptions - rules. (2) (a) (I)  E
XCEPT AS10
PROVIDED IN SUBSECTION (2)(a)(II) OF THIS SECTION, every dealer shall11
require a purchaser of an off-highway vehicle to complete a registration12
application and pay the registration fee before the vehicle leaves the
13
dealer's premises, except for those off-highway vehicles purchased for14
use exclusively outside of this state IN ORDER TO COMPLETE THE SALE OF15
AN OFF-HIGHWAY VEHICLE.16
(II)  A
 PURCHASER OF AN OFF-HIGHWAY VEHICLE WHO ATTESTS17
THAT THE OFF-HIGHWAY VEHICLE IS BEING PURCHASED FOR USE18
EXCLUSIVELY OUTSIDE OF THIS STATE IS NOT REQUIRED TO COMPLETE A19
REGISTRATION APPLICATION OR PAY THE REGISTRATION FEE PURSUANT TO20
SUBSECTION (2)(a)(I) OF THIS SECTION.21
(8)  Any
 A dealer who does not comply with subsection (2)(a)22
SUBSECTION (2)(a)(I) of this section commits a civil infraction and, upon23
conviction, shall be punished by a fine of one TWO hundred dollars PER24
OFF-HIGHWAY VEHICLE SOLD WITHOUT THE PURCHASER COMPLETING A25
REGISTRATION APPLICATION OR PAYING THE REGISTRATION FEE .26
SECTION 3. In Colorado Revised Statutes, 33-14.5-103, repeal27
SB25-021
-3- (1) as follows:1
33-14.5-103.  Record of registered off-highway vehicles2
maintained. (1)  The division shall require proof of ownership for an3
off-highway vehicle prior to the initial registration required under this4
article, but the division shall not issue a certificate of title for the vehicle.5
SECTION 4. In Colorado Revised Statutes, 33-14.5-106, amend6
(1) as follows:7
33-14.5-106.  Off-highway vehicle recreation fund - creation -8
use of money. (1) (a)  All fees collected from the registration of9
off-highway vehicles and all fees collected from the sale of off-highway10
use permits, plus all interest earned on such moneys THE MONEY, shall be11
credited to the off-highway vehicle recreation fund, which fund is hereby12
created, and shall be used for:13
(I)  The administration of this article, ARTICLE 14.5;14
(II)  for PROVIDING information and awareness on the availability15
of off-highway vehicle recreational opportunities;16
(III)  for The promotion of off-highway vehicle safety;17
(IV)  for The establishment and maintenance of off-highway18
vehicle routes, parking areas, and facilities; and19
(V)  for The purchase or lease of private land for the purposes of20
access to public land for uses consistent with the provisions of this article;21
ARTICLE 14.5.22
(b)  However, any moneys MONEY collected in excess of four23
dollars per original INITIAL or renewal registration shall be used24
exclusively for direct services and not 
FOR administrative costs.25
(c)  The general assembly shall make annual appropriations from26
the off-highway vehicle recreation fund for the purposes enumerated in27
SB25-021
-4- this subsection (1).1
(d)  A
NY UNEXPENDED AND UNENCUMBERED MONEY REMAINING2
IN THE FUND AT THE END OF A STATE FISCAL YEAR OR ANY MONEY THAT3
IS RETURNED TO THE FUND REMAINS IN THE FUND AND SHALL NOT BE4
TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND .5
SECTION 5. In Colorado Revised Statutes, 33-14.5-107, amend6
(1) introductory portion; and add (1)(e) as follows:7
33-14.5-107.  Rules. (1)  The commission shall adopt rules in the8
manner provided by article 4 of title 24, C.R.S.,
 concerning the following:9
(e)  E
NFORCEMENT OF OFF-HIGHWAY VEHICLE REGISTRATION10
REQUIREMENTS IN ACCORDANCE WITH SECTIONS 33-14.5-102 AND11
33-14.5-104.12
SECTION 6. Act subject to petition - effective date -13
applicability. (1)  This act takes effect at 12:01 a.m. on the day following14
the expiration of the ninety-day period after final adjournment of the15
general assembly; except that, if a referendum petition is filed pursuant16
to section 1 (3) of article V of the state constitution against this act or an17
item, section, or part of this act within such period, then the act, item,18
section, or part will not take effect unless approved by the people at the19
general election to be held in November 2026 and, in such case, will take20
effect on the date of the official declaration of the vote thereon by the21
governor.22
(2)  This act applies to violations occurring on or after the23
applicable effective date of this act.24
SB25-021
-5-