Date: 10/23/2015

Final
Discussion of Amendments

OFF-HIGHWAY VEHICLES

Votes: View--> Action Taken:
Adopt amendment 4 (Attachment D). The motion passe
Adopt amendment 6 (Attachment E). The motion passe
Adopt amendment 8 (Attachment F). The motion passe
Adopt amendment 9 (Attachment G). The motion passe
PASS
Pass Without Objection
PASS
Pass Without Objection



09:45 AM -- Discussion of Amendments

Representative Brown explained amendment #4 (Attachment D), which adds exemptions for OHV registration to the bill.
BILL:Bill 2
TIME: 09:46:46 AM
MOVED:Brown
MOTION:Adopt amendment 4 (Attachment D). The motion passed on a vote of 5-1.
SECONDED:Court
VOTE
Baumgardner
No
Brown
Yes
Donovan
Yes
Hamner
Yes
Scott
Yes
Court
Yes
YES: 5 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS



09:47 AM

Representative Brown explained amendment #6 (Attachment E), which clarifies that resolutions or ordinances adopted by local authorities supersede the OHV rules of Colorado Parks and Wildlife (CPW). Committee discussion ensued.
BILL:Bill 2
TIME: 09:49:01 AM
MOVED:Brown
MOTION:Adopt amendment 6 (Attachment E). The motion passed without objection.
SECONDED:Court
VOTE
Baumgardner
Brown
Donovan
Hamner
Scott
Court
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



09:50 AM

Representative Brown explained amendment #8 (Attachment F), which changes language in the bill regarding "license" to "visible identification." Committee discussion ensued.
BILL:Bill 2
TIME: 09:55:12 AM
MOVED:Brown
MOTION:Adopt amendment 8 (Attachment F). The motion passed on a vote of 4-2.
SECONDED:Court
VOTE
Baumgardner
No
Brown
Yes
Donovan
Yes
Hamner
Yes
Scott
No
Court
Yes
YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS



09:55 AM

Representative Brown explained amendment #2 (Attachment C), which removes language from the bill surrounding minimum age requirements for OHV users and lets counties allow OHV users without driver's licenses to ride on county roads. Mr. Payne responded to a request from the committee to outline current law surrounding minimum age requirements for OHV use, stating that the amendment would leave control over minimum age requirements to CPW and to individual counties. Committee discussion ensued. Mr. Bergman, Dave Hall, Colorado State Patrol, and Richard Orf, Associated Governments of Northwest Colorado, came to the table to comment on current age requirements for OHV users under statute and CPW rule, and the minimum age requirements of the bill and amendment #2. Discussion ensued on the current authority of CPW to set rules for OHV users.

10:12 AM

Discussion continued on minimum age requirements for OHV users as laid out in statute, the bill, and DPW rule. Mr. Payne responded to questions on whether the bill could lead to lawsuits between counties and the state.

10:26 AM

Mr. Bergman said that CCI believes that language should be added to the bill that gives counties the ability to go beyond the minimum age, driver's license, and insurance requirements as laid out in Bill 2 and CPW rule. Committee discussion ensued.

10:31 AM

Representative Brown withdrew amendment #2. Committee discussion ensued on a conceptual amendment to strike lines 8 through 13 on page 5 of the bill, so that counties can only raise, and not lower, the minimum age of an OHV user at 10 years old.

10:42 AM

The committee took a brief recess.

10:50 AM

The committee came back to order. Discussion ensued on minimum age requirements for OHV users as addressed under the bill. Gaspar Perricone, Department of Natural Resources, came to the table to discuss how the removal of lines 8 through 13 on page 5 of the bill would impact the minimum age of OHV users on all lands in the county, and not just county roads. He responded to a question on what language could be added to the bill to ensure that the minimum age of OHV users on county lands is not affected by the bill.

10:55 AM

Representative Brown explained amendment #9 (Attachment G), which cleans up language in the bill surrounding municipal authority to allow OHVs to cross state highways.

BILL:Bill 2
TIME: 10:56:21 AM
MOVED:Brown
MOTION:Adopt amendment 9 (Attachment G). The motion passed without objection.
SECONDED:Court
VOTE
Baumgardner
Brown
Donovan
Hamner
Scott
Court
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection