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ATV bill begins long journey

Measure would allow off-highway vehicles on Colorado county roads
Lawmakers on Wednesday advanced a measure that would allow off-highway vehicles on county roads, but the bill still has a long journey ahead.

DENVER – A measure that would allow off-highway vehicles on county roads crossed its first hurdle Wednesday, but it still faces a rocky road.

The measure by state Rep. J. Paul Brown, R-Ignacio, would allow licensed drivers with all-terrain vehicles to travel on dirt county roads. The measure was amended to exclude paved roads at the request of Colorado State Patrol.

It also was amended to limit drivers to 16 years old and older and speeds to 35 mph.

The bill passed the House State, Veterans and Military Affairs Committee on a unanimous vote. But the bill has a long journey ahead.

Because the measure would generate nearly $6 million in revenue from registration fees, it would increase the amount required to be refunded to taxpayers under the Taxpayer’s Bill of Rights, assuming the state hits projected triggers.

Lawmakers would need to find other areas of the state budget to cut in order to balance spending with the looming refunds.

The next stop for Brown’s measure is the House Finance Committee, where lawmakers may kill the bill simply because of the TABOR refund conundrum.

“Extra cash funds means we’ll have to make a corresponding reduction in the General Fund because of TABOR,” said Rep. Mike Foote, D-Lafayette, a member of both the State Affairs and Finance committees. “We’re in a different situation because of that here, but we’ll be discussing that in Finance.”

The constitutional conflict could result in another crushing blow for the off-highway vehicle bill. The measure has seen several defeats at the Legislature.

Brown was handed the torch to continue the effort this year after defeating state Rep. Mike McLachlan, D-Durango, in the November election. McLachlan had been working on the effort before Brown.

The bill is careful to preserve local control. If a county wanted to prohibit ATVs on roads, then that would be the prerogative of the board.

Ouray County Commissioner Lynn Padgett, who traveled to Denver to testify on the bill, said the measure is critical because several counties have enacted off-highway vehicle ordinances that put them at odds with state law.

She pointed to the San Juan Mountains counties, including Hinsdale, Ouray, San Juan and San Miguel counties.

“My goal is to not be in conflict with the state for trying to increase safety on some pretty extreme conditions,” Padgett said.

Brown is optimistic he will cross the many hurdles in front of him. If the bill passes Finance, then it would head to the House Appropriations Committee, then to the floor for a vote, before repeating a similar course in the Senate.

“I know that where we are right now is a lot better than where we’ve been,” Brown said.

“It’s really needed in Colorado,” he said. “They’ve been working on it for a long time, and we’ve finally come to a compromise that everyone is pretty well satisfied with.”

pmarcus@durangoherald.com

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