Second Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 16-1074.01 Thomas Morris x4218 HOUSE BILL 16-1315 HOUSE SPONSORSHIP Melton, SENATE SPONSORSHIP (None), House Committees Senate Committees Transportation & Energy A BILL FOR AN ACT Concerning an authorization for seaplanes to operate where motorboats may be operated. 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://www.leg.state.co.us/billsummaries.) Current state park law excludes seaplanes from the definition of a "vessel", and applicable park rules essentially prohibit seaplanes from landing in or taking off from state park water bodies. The bill includes seaplanes in the definition of a "vessel" (sections 1 and 3 of the bill) and prohibits the commission's rules (sections 2 and 4), and those of municipalities and special districts (section 6), from arbitrarily excluding the operation of a seaplane from waters of the state that are open to the operation of motorboats. Because seaplanes must be registered pursuant to federal law, section 5 exempts seaplanes from state registration. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 33-10-102, amend (27); and add (21.5) as follows: 33-10-102. Definitions. As used in articles 10 to 15 of this title, unless the context otherwise requires: (21.5) "Seaplane" means an aircraft, as that term is defined in section 43-10-102 (1), C.R.S., that can take off from and land and float on water. (27) "Vessel" means every description of watercraft, including seaplanes while landing or floating on or taking off from waters of the state, used or capable of being used as a means of transportation of persons and property on the water, other than single-chambered, air-inflated devices. or seaplanes. SECTION 2. In Colorado Revised Statutes, 33-10-106, amend (2) (f) as follows: 33-10-106. Duties of the commission - rules. (2) The commission shall adopt such rules as may be reasonably necessary for the administration, protection, and maintenance of all state parks and recreation areas under the direct control of the division. Specifically, the commission has the power to adopt rules for such areas on the following matters: (f) Use of motor vehicles and vessels, as to place, time, and manner of operation. The commission's rules must not arbitrarily exclude the operation of a seaplane from waters of the state that are open to the operation of motorboats, as that term is defined in section 33-13-102 (1). SECTION 3. In Colorado Revised Statutes, 33-13-102, amend (1) and (5) as follows: 33-13-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Motorboat" means any vessel, other than a seaplane, propelled by machinery, whether or not such machinery is the principal source of propulsion, including personal watercraft. as defined in subsection (3.3) of this section. (5) "Vessel" means every description of watercraft, including seaplanes while landing or floating on or taking off from waters of the state, used or capable of being used as a means of transportation of persons and property on the water, other than single-chambered, air-inflated devices. or seaplanes. SECTION 4. In Colorado Revised Statutes, 33-13-111, amend (1) (a) as follows: 33-13-111. Authority to close waters - rules. (1) (a) The commission shall promulgate rules to prohibit the operation of vessels on any waters of the state and ordering the removal of vessels from any waters of the state when such operation constitutes or may constitute a hazard to human life or safety. The commission's rules must not arbitrarily exclude the operation of a seaplane from waters of the state that are open to the operation of motorboats. SECTION 5. In Colorado Revised Statutes, 33-13-103, amend (1) introductory portion as follows: 33-13-103. Numbering of vessels required - rules. (1) It is unlawful for any a person to operate or use a vessel on the waters of this state or to possess a vessel at a vessel staging area unless the vessel has been numbered and a certificate of the number, referred to in this article as a "registration", has been issued to the vessel by the division; except that a seaplane must be registered and numbered pursuant to federal law. The operator of the vessel shall produce the registration for inspection upon demand of any officer authorized to enforce articles 10 to 15 and 32 of this title. The following are exempt from the requirements of this subsection (1) and from the vessel registration fee as specified pursuant to section 33-10-111 (5): SECTION 6. In Colorado Revised Statutes, amend 33-13-113 as follows: 33-13-113. Municipal corporations or organizations - powers. (1) Nothing in this article shall be construed to prevent municipal corporations or quasi-municipal corporations, including, but not limited to, metropolitan recreation districts, from policing lakes or bodies of water located within all or part of the territorial boundaries of any such entities. (2) Any person designated by such entities to engage in policing work upon said bodies of water may be commissioned by the division to enforce the provisions of this article as an authorized representative of the division. In addition, said entities shall also be empowered to charge and collect reasonable permit fees to defer the expense of such policing operations without the obligation of remitting such fees to the division, but such fees shall be in addition to those otherwise provided for in this article. (3) Such entities are empowered to adopt and enforce reasonable rules and regulations governing the use of vessels on the bodies of water patrolled under their supervision if such rules and regulations do not conflict with the provisions of this article. The rules and regulations must not arbitrarily exclude the operation of a seaplane from waters of the state that are open to the operation of motorboats, as that term is defined in section 33-13-102 (1). SECTION 7. Act subject to petition - effective date - applicability. (1) 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 (August 10, 2016, if adjournment sine die is on May 11, 2016); 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 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 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. (2) This act applies to conduct occurring on or after the applicable effective date of this act.