NOTE: The governor signed this measure on 4/12/2016.
      
      
      HOUSE BILL 16-1030
      
      
      BY REPRESENTATIVE(S) Brown and Court, Becker K., Conti, Coram,
      Hamner, Mitsch Bush, Roupe, Vigil, Williams, Wilson, Hullinghorst;
      also SENATOR(S) Donovan, Crowder, Heath, Hill, Johnston, Roberts,
      Scott.
      
      
      Concerning the use of off-highway vehicles.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 33-14.5-108.5, amend
      (1) as follows:
      
           33-14.5-108.5.  Crossing roads, highways, and railroad tracks.
      (1)  The driver of an off-highway vehicle may directly cross a roadway,
      including a state highway, at an at-grade crossing to continue using the
      off-highway vehicle on the other side. except that a person shall not cross
      a state highway within the jurisdiction of a municipality.
      
           SECTION 2.  In Colorado Revised Statutes, 33-14.5-110, amend
      (1) as follows:
      
           33-14.5-110.  Regulation by political subdivisions. (1) (a)  Except
      as provided in paragraph (b) of this subsection (1), any county, city
      and county, city, or town acting by its governing body may regulate the
      operation of off-highway vehicles on public lands, waters, and property
      under its jurisdiction and on streets and highways within its boundaries by
      resolution or ordinance of the governing body and by giving appropriate
      notice thereof of the regulation if such the regulation is not
      inconsistent with the provisions of this article and the rules and regulations
      promulgated pursuant thereto under this article.
      
           (b) (I)  Notwithstanding the requirement that its ordinance
      or resolution not be inconsistent with this article or a rule
      promulgated under this article, a county, city and county, city,
      or town may require the driver who is driving an off-highway
      vehicle on a street, road, or highway within the jurisdiction of
      the county, city and county, city, or town to:
      
           (A)  Have a driver's license; or
      
           (B)  Carry liability insurance.
      
           (II)  Notwithstanding subparagraph (I) of this paragraph (b),
      a county, city and county, city, or town does not have authority
      to require a driver to have a driver's license or carry liability
      insurance under the circumstances described in section
      33-14.5-108 (1) (a) to (1) (e) and (1) (g) to (1) (i).
      
           SECTION 3.  In Colorado Revised Statutes, 33-14.5-110, add (3)
      as follows:
      
           33-14.5-110.  Regulation by political subdivisions. (3)  For a city
      or town to regulate the crossing of a state highway under the
      jurisdiction of the Colorado department of transportation, the
      city or town must request in writing that the regional office of
      the department approve the regulation. The regional office shall
      not unreasonably withhold approval. If the regional office does
      not approve or deny the request within sixty days after received,
      the request is deemed approved.
      
           SECTION 4.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                            Effie Ameen
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO