Capital letters indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

First Regular Session

Sixty-first General Assembly

LLS NO. 97­0798.01D DHG SENATE BILL 97­235

STATE OF COLORADO

BY SENATOR Wattenberg;

also REPRESENTATIVE Entz.

AGRICULTURE, NATURAL

RESOURCES & ENERGY

A BILL FOR AN ACT

CONCERNING THE CONTINUED USE BY OFF­HIGHWAY VEHICLES OF HIGHWAY RIGHTS­OF­WAY ESTABLISHED OVER FEDERAL LANDS PURSUANT TO THE FEDERAL STATUTE KNOWN AS "R.S. 2477".

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Allows operation of snowmobiles and other off­highway vehicles on "R.S. 2477" rights­of­way constructed or established over federal lands unless a local political subdivision has acted by ordinance or resolution to lawfully restrict such use.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  33­14­110 (3), Colorado Revised Statutes, 1995 Repl. Vol., is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

33­14­110.  Snowmobile operation on roadway of streets and highways. (3)  A snowmobile may be operated on other streets and highways under the following restrictions:

(h)  ON A HIGHWAY RIGHT­OF­WAY CONSTRUCTED OR ESTABLISHED OVER FEDERAL PUBLIC LANDS NOT RESERVED FOR PUBLIC USES PURSUANT TO THE FEDERAL "REVISED STATUTE 2477", FORMERLY CODIFIED AT 43 U.S.C. SEC. 932, AND APPLICABLE STATE LAW, UNLESS SUCH USE HAS LAWFULLY BEEN RESTRICTED BY RESOLUTION OR ORDINANCE OF THE GOVERNING BODY OF A LOCAL POLITICAL SUBDIVISION WITH JURISDICTION OVER SUCH RIGHT­OF­WAY.

SECTION 2.  33­14.5­108 (1), Colorado Revised Statutes, 1995 Repl. Vol., is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

33­14.5­108.  Off­highway vehicle operation prohibited on streets, roads, and highways. (1)  No off­highway vehicle may be operated on the public streets, roads, or highways of this state except in the following cases:

(i)  ON A HIGHWAY RIGHT­OF­WAY CONSTRUCTED OR ESTABLISHED OVER FEDERAL PUBLIC LANDS NOT RESERVED FOR PUBLIC USES PURSUANT TO THE FEDERAL "REVISED STATUTE 2477", FORMERLY CODIFIED AT 43 U.S.C. SEC. 932, AND APPLICABLE STATE LAW, UNLESS SUCH USE HAS LAWFULLY BEEN RESTRICTED BY RESOLUTION OR ORDINANCE OF THE GOVERNING BODY OF A LOCAL POLITICAL SUBDIVISION WITH JURISDICTION OVER SUCH RIGHT­OF­WAY.

SECTION 3.  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.