Final
STAFF SUMMARY OF MEETING

OFF-HIGHWAY VEHICLES

Date:08/17/2015
ATTENDANCE
Time:01:07 PM to 02:58 PM
Baumgardner
X
Brown
X
Place:RM 271
Donovan
X
Hamner
X
This Meeting was called to order by
Scott
E
Representative Court
Court
X
This Report was prepared by
Erin Reynolds
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Committee DiscussionWitness Testimony and/or Committee Discussion Only


01:09 PM -- Committee Discussion

Representative Court called the meeting to order; a quorum was present. Representative Court said that this meeting of the Off-Highway Vehicle (OHV) Interim Committee would be an open discussion of bill draft ideas. A packet of materials was distributed to committee members (Attachment A) -- the packet included a memorandum from Legislative Council Staff (LCS) summarizing the presentations to the committee; two memorandums from the Office of Legislative Legal Services (OLLS) on laws concerning OHVs and the Attorney General's Letter Related to OHV Ordinances on the Alpine Loop; an LCS Issue Brief on State Enterprises; and an overview of the Colorado Parks and Wildlife (CPW) OHV registration and grant program. Representative Brown provided an overview of the committee discussion thus far, which emphasized keeping local control of age limits, speed limits, insurance, and self-determination on whether OHVs are allowed on county roads; safety; voluntarily registration and licensing for enforcement purposes; and keeping the agricultural exemption and adding a veteran exemption. Representative Brown also provided an overview of House Bill 15-1054, which he carried last session.

Attachment A.pdfAttachment A.pdf

01:19 PM

Representative Brown concluded his recapitulation of HB 15-1054. Representative Court asked where the testimony from the OHV Interim Committee veered from HB 15-1054. Committee members discussed stakeholder issues related to paved roads and driver's licenses. Representative Hamner requested that the committee discuss HB 15-1054 point by point, and that the discussion be tied into CPW OHV grant programs as well.

01:29 PM

Representative Court stated that the base from which the committee should work is the introduced version of HB 15-1054, with the registration structure and the allowance of OHVs on roads stripped out. Senator Donovan stated that the committee could set circumstances and limits related to paved roads to which stakeholders could respond. Senator Donovan also cautioned the committee against splitting up the bill, which may result in losing widespread stakeholder support. Representative Brown said the committee should try to keep the bill together and Representative Hamner agreed. Representative Court affirmed her acceptance of having just one bill, and requested discussion of the fiscal impact piece of the legislation.

01:37 PM --
Jery Payne, Office of Legislative Legal Service (OLLS), came to the table at the request of the committee. Mr. Payne discussed options to keep registration fees out of the TABOR equation. Option one, he stated, is to use the CPW's OHV registration program as a catchall for OHV registration with a modified sticker or plate that is more visible for enforcement. He said option two is to have counties issue OHV registrations, with the Colorado Correctional Industries furnishing the license plates. The committee discussed these options. Representative Court discussed her concern with putting the onus on CPW to carry the entire registration program. Representative Brown stated that, under HB 15-1054, the CPW OHV sticker program and registration both existed. Mr. Payne discussed the issue of workload in the Department of Revenue (DOR) related to option two. Representative Court asked to hear more about the impact on counties.

01:47 PM --
Mr. Eric Bergman, Colorado Counties, Incorporated (CCI), and Ouray County Commissioner Lynn Padgett, came to the table to discuss the concern about the impact of moving the workload to the county clerk's office. Mr. Bergman stated that the impact would be diluted among the 64 counties. Commissioner Padgett stated that OHV owners could register OHVs through online self-service, and that the clerk fee would proceed the Motorized Trail Funds. Mr. Payne responded to a question about the insufficiency of the sticker program, and stated that a plate could be purchased directly from the Taxpayer Bill of Rights (TABOR)-exempt Colorado Correctional Industries division in the Department of Corrections. Representative Court discussed the option to give counties authority to collect fees as needed for processing. Mr. Bergman noted that there was county pushback during the HB 15-1054 stakeholder process related to OHV licensing and registration; while they are not opposed, some in the OHV community felt licensing was an overreach.

01:57 PM

Committee discussion continued related to the option to have counties oversee the registration and licensing of OHVs, and specifics related to optional licensing programs administered by county clerks offices. Committee dialogue ensued related to whether the licensing program should be voluntary.

02:08 PM

Representative Hamner discussed the issue of getting revenue to the counties where OHV use is highest and suggested that LLS draft two options related to each fiscal scenario, one having CPW expand its program, and the other having county clerks begin a new program.

02:09 PM --
Erin Reynolds, LCS, provided an overview of the committee bill drafting process and related deadlines, at the request of the committee.

02:12 PM

Representative Court discussed the two potential bill drafts. Commissioner Lynn Padgett expanded on the county role. Jery Payne provided an overview of the two bill draft options for the CPW representative who entered the room.

02:14 PM --
Tom Morrissey, State Trails Program Manager with CPW, addressed the committee on the subject of CPW running a larger OHV registration program. He discussed previous experiments with the idea of providing a license plate for OHVs. He stated that, with the current sticker program, CPW gets a discount on the bulk purchase of boating, snowmobile, and OHV stickers. Representative Court explained the reason that the committee is interested in seeing a license plate on OHVs for enforcement purposes. Mr. Morrissey said a larger sticker would be more expensive, but they would look into it.

02:20 PM

Committee discussion continued on CPW's role. Representative Hamner stated that she would like to see CPW work with Colorado Correctional Industries on furnishing a license plate for OHVs.

02:25 PM --
Tony Lombard, CCI, came to the table to discuss previous testimony and stakeholder input as it related to license plates.

02:27 PM --
Peg Ackerman, representing County Sheriffs of Colorado, discussed the sheriffs feedback related to license plates.

02:28 PM

Representative Court continued to discuss the impact of license plate implementation, and raised the question of whether enough financial support would be given to roads if the program was set up through CPW. Mr. Morrissey discussed the impact that statutory clarity related to age limits would have related to the OHV Grant Program's funding of the Alpine Ranger Program. Representative Court discussed what that statutory language would look like in order that counties like Rio Blanco may opt out to allow younger OHV drivers to use trails.

02:38 PM

Committee discussion ensued on the local control question. Commissioner Padgett explained how the legislation could be drafted to please all counties, so that county commissioners, in concert with county sheriffs, could opt out of more stringent age limits if they determine their topography allows it. Mr. Morrissey stated that it made sense for this to be a local determination, not a CPW one.

02:46 PM

Representative Court recapped the testimony, summarized the two bill drafts the committee agreed upon, and suggested that Representative Brown and Senator Donovan be the House and Senate sponsor, respectively. Representative Hamner opened discussion of 10-year-olds operating OHVs on public roads. Mr. Morrissey discussed current law. Committee discussion ensued on the intent of the bill draft related to age limits.

BILL:Committee Discussion
TIME: 02:57:27 PM
MOVED:Court
MOTION:Approve two bills (option A and B) to be drafted by the Office of Legislative Legal Services, as discussed. The motion passed on a vote of 5-0, with 1 excused.
SECONDED:
VOTE
Baumgardner
Yes
Brown
Yes
Donovan
Yes
Hamner
Yes
Scott
Excused
Court
Yes
YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:58 PM

The committee adjourned.