DENVER – A measure that would allow off-highway vehicles on county roads crossed its first hurdle Wednesday, but it 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 the 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.
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 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.
