#709-3
3.  The fees for the types of off-highway vehicle registrations issued by the Division are as follows:
a.  Off-highway vehicle registration AND NONRESIDENT OFF-HIGHWAY VEHICLE PERMIT....................... $15.00 $25.00
b.  Dealer registration for all off-highway vehicles owned by an off-highway vehicle dealer and operated for demonstration or testing purposes only:
(1) When the dealer sells twenty-five or less off-highway vehicles within the preceding year................ $25.00 $35.00
(2) When the dealer sells more than twenty-five off- highway vehicles within the preceding year........ $50.00 $60.00
c.  Manufacturer registration for off-highway vehicles owned by a manufacturer which are operated solely for research, testing, experimentation, or demonstration purposes...... $25.00 $35.00
d.  Registration for off-highway vehicles owned by a lessor for rental purposes only:
(1) When the lessor owns ten or less off-highway vehicles within the preceding year................ $25.00  $35.00
(2) When the lessor owns more than ten off-highway vehicles within the preceding year................ $50.00  $60.00

BASIS AND PURPOSE
The off-highway vehicle recreation fund is an earmarked cash fund. All fees collected from the registration of off-highway vehicles, and all interest earned on such moneys, are credited to the fund pursuant to 33-14.5-106 C.R.S.  The same statute authorizes the fund to be used for the administration of the program, for information and awareness on the availability of off-highway vehicle recreational opportunities, for the promotion of off-highway vehicle safety, for the establishment and maintenance of off-highway vehicle routes, parking areas and facilities, and for the purchase or lease of private land for the purposes of access to public land for recreational off-highway vehicle use.  The statute also states that any moneys collected in excess of $4.00/registration be used exclusively for direct services and not for administrative costs. 

The Colorado Off-Highway Vehicle Coalition (COHVCO) is requesting that the Parks Board increase the off-highway vehicle registration fee by $10.00.  COHVCO represents approximately 200,000 off-highway vehicle enthusiasts.  Since the off-highway vehicle registration program’s inception in 1991, there has only been one registration fee increase.  The $3.00 increase, from $12.00 to $15.00, was implemented in 1996.  COHVCO cites the rapid growth of off-highway vehicle recreation demand in Colorado as the basis for their request to increase the registration and nonresident permit fees by $10.00.  Off-highway vehicle use is one of the fastest growing forms of recreation in Colorado.  The number of registered off-highway vehicles has doubled in Colorado since the year 2000. This season over 121,000 off-highway vehicles have been registered in Colorado.  COHVCO recognizes that additional funding will be necessary in order to maintain and improve program services such as trail construction and maintenance, public safety, and operator education promoting responsible recreational use.  

Currently, 80% of the off-highway vehicle recreation fund is used to support off-highway vehicle trail grant projects and programs.  These grants are awarded to non-profit clubs and organizations, the US Forest Service, and the Bureau of Land Management.  In 2007, trail grant project application requests exceeded the funds available for award by approximately $900,000.00.  The remaining 20% of the fund is used to support safety education, registration operations, public safety and enforcement patrols, staff services and agency overhead costs.  

A $10.00 off-highway vehicle registration and nonresident permit fee increase will generate an estimated additional $1,210,000.00 for the fund.  These additional moneys will be utilized as follows:
•	$965,000.00 will be added to the off-highway vehicle trail grant program, and
•	$245,000.00 will be added to support registration operations, public safety, operator education, and enforcement patrols.

The statutory authority for this regulation can be found in Colorado Revised Statutes sections 33-10-101, 33-10-102, 33-10-106, 33-10-107, 33-10-108, 33-10-109, 33-14.5-101, 33-14.5-102, 33-14.5-104, 33-14.5-105, 33-14.5-106, 33-14.5-112 and 24-4-103.

#709-2
EFFECTIVE DATE
These regulations shall become effective April 1, 2008, and shall remain in full force and effect until amended, repealed, or superseded by the Board of Parks and Outdoor Recreation.  Adopted by the Board of Parks and Outdoor Recreation of the State of Colorado this 15th day of June 2007.

___________________
Dr. Tom Ready
Chairman

___________________  

Secretary