SB 141

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     SENATE BILL 26-141
     BY SENATOR(S) Roberts and Simpson, Catlin, Cutter, Danielson, Frizell,
     Hinrichsen, Jodeh, Kipp, Lindstedt, Liston, Mullica, Snyder, Wallace,
     Amabile, Ball, Benavidez, Daugherty, Exum, Kolker, Marchman,
     Weissman, Coleman;
     also REPRESENTATIVE(S) McCluskie and Taggart, Boesenecker,
     Lukens, Martinez, McCormick, Paschal, Smith, Stewart K., Stewart R.,
     Titone, Velasco, Bacon, Brooks, Brown, Caldwell, Carter, Clifford, Duran,
     Froelich, Garcia, Joseph, Lieder, Lindsay, Mauro, Nguyen, Rutinel, Soper,
     Story, Valdez.
     CONCERNING OPTIONAL FEES DURING MOTOR VEHICLE REGISTRATION THAT
          PRIMARILY SUPPORT WILDLIFE PROJECTS, AND, IN CONNECTION
          THEREWITH, USING THE PROCEEDS OF A NEWLY CREATED OPTIONAL
             FEE TO CONSTRUCT WILDLIFE CROSSINGS AND OTHER
             TRANSPORTATION IMPROVEMENTS AND MAKING AN APPROPRIATION.
     Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1. Legislative declaration. (1) The general assembly
     finds and declares that:
             (a)     Between 2010 and 2024, the Colorado department of
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
transportation reported over 54,189 wildlife-vehicle collisions, resulting in
48 human fatalities and 5,152 injuries to drivers and passengers.
Furthermore, according to estimates from the department, crashes with
wildlife are underreported by as much as two-thirds. In 2024, approximately
7,500 animals were killed on roads across Colorado, according to roadkill
data from the department, with over half of those carcasses being mule deer.
       (b) Colorado boasts the largest Rocky Mountain elk herd in the
world and is also home to significant populations of other iconic big game
species, such as mule deer, bighorn sheep, pronghorn, and moose, as well
as numerous other native wildlife species cherished by residents and tourists
alike;
        (c) Core habitats connected by intact wildlife corridors are vital to
ensuring that Colorado's wildlife populations continue to thrive. Protecting
wildlife corridors has been shown to improve the vitality of herds that are
critical to Colorado's $65.8 billion outdoor recreation economy.
       (d) According to research from 2023, Colorado has the highest
average annual costs associated with wildlife-vehicle collisions of any state
in the west, paying approximately $321 million, adjusted to 2025 dollars,
each year in property damage, emergency response, and other costs from
large wildlife collisions. This economic impact also includes an estimated
$25 million in lost value to the state for the thousands of wildlife that perish
in these collisions.
        (e) The division of parks and wildlife estimates that 2% of
Colorado's western slope mule deer does are killed by collisions with motor
vehicles every year, based on collared mule deer studies. Because many
herds are below population objectives, this results in more doe deer being
killed by cars in some herds than can be legally harvested by hunters and the
state, which results in missing the broader economic and social benefits that
hunting provides.
       (f) Wildlife crossing structures built within important wildlife
corridors are highly effective at reducing wildlife-vehicle collisions, thereby
increasing public safety, reducing the high costs associated with these
accidents, and improving habitat connectivity. For example, the 2016
Colorado State Highway 9 mitigation project reduced collisions between
motor vehicles and wildlife by 92% in the 5 years after its construction.
PAGE 2-SENATE BILL 26-141
Additionally, the project significantly improved the ability of wildlife,
including deer, elk, pronghorn, bighorn sheep, black bears, mountain lions,
bobcats, and coyotes, to safely cross the road.
        (g) Building safe passages for wildlife and drivers alike is a
bipartisan, win-win proposition that is incredibly popular in the Centennial
State. According to the 2024 Colorado College's State of the Rockies
Project Conservation in the West poll, a remarkable 87% of Colorado voters
support "constructing wildlife crossing structures across major highways
that intersect with known migration routes."
        (h) There are currently 75 successful wildlife crossing projects
across Colorado. Still, the state, through the governor's office, the
department of transportation, the department of natural resources, and the
Colorado wildlife and transportation alliance, has identified many more
priority areas in need of mitigation measures that lack the necessary funding
to advance through design and construction. Funding for proper
maintenance, conservation of land to maintain desired wildlife movement
and access to crossing structures, and monitoring of Colorado's existing
wildlife infrastructure investment also needs to be addressed.
        (i) Over the past 5 years, Colorado has been uniquely successful in
leveraging federal funding opportunities, including the Wildlife Crossings
Pilot Program and numerous other United States department of
transportation programs, to complete priority projects. The creation of the
Colorado Wildlife Safe Passages Fund in Senate Bill 22-151, which, to
date, has spent all of the one-time general fund appropriations it has
received, allowed the Colorado department of transportation to unlock
approximately 4 federal dollars for every one state dollar invested in
life-saving crossing structures.
        (j) Accordingly, it is in the best interest of the state and all
Coloradans to generate additional funding for eligible projects, including
targeted transportation system infrastructure improvements, land
conservation to ensure the functionality of wildlife crossings, and other
data-driven strategies that will reduce the number of wildlife-vehicle
collisions, thereby saving lives, preventing injuries, avoiding property
damage, reducing traffic on our congested roads, and facilitating healthy
wildlife migration and movement; and
PAGE 3-SENATE BILL 26-141
        (k) Adding a nonmandatory $5 fee is a low-cost way to fund wildlife
crossing infrastructure that saves both animal and human lives by reducing
collisions. It also strengthens long-term habitat connectivity across the state,
protecting Colorado's iconic wildlife while improving safety for drivers.
       (2) The general assembly further finds and declares that:
       (a) Since its inception in 2009, the statewide bridge and tunnel
enterprise within the Colorado department of transportation has successfully
financed, designed, and delivered critical bridge infrastructure projects
across the state on time and within budget, demonstrating efficiency,
accountability, and technical expertise;
       (b) Prior to the creation of the statewide bridge and tunnel
enterprise, the percentage of poor-rated bridge deck area on the national
highway system in Colorado was encroaching on 10%, the maximum
federal performance threshold before a state faces funding penalties. In
2025, this metric was down to 4%. This success argues for continued
investment through the bridge and tunnel enterprise.
       (c) The enterprise model has proven to be effective at accelerating
project delivery through innovative financing mechanisms and dedicated
revenue streams, resulting in the timely completion of complex surface
transportation structures that enhance safety and mobility for Colorado
residents;
        (d) Wildlife crossing structures, including overpasses and
underpasses, are engineered similarly to bridge structures, requiring similar
design, construction, maintenance, and project management expertise as
traditional vehicular bridge infrastructure;
       (e) Wildlife overpass structures are engineered using the same
structural systems, load-bearing principles, geotechnical analysis, and
materials standards applicable to traditional highway bridges, including
foundations, abutments, retaining walls, drainage systems, and long-term
maintenance requirements;
       (f) Like conventional bridges, wildlife crossing overpasses must
meet rigorous safety and durability standards and are subject to inspections,
lifecycle asset management practices, and rehabilitation practices to ensure
PAGE 4-SENATE BILL 26-141
structural integrity over time;
       (g) Expanding the authority of the statewide bridge and tunnel
enterprise to include the delivery of wildlife crossing projects would
leverage existing institutional knowledge and program management
efficiencies to address wildlife-vehicle collisions and improve roadway
safety without creating duplicative administrative structures; and
       (h) Authorizing the statewide bridge and tunnel enterprise to deliver
wildlife crossing projects would promote cost-effective infrastructure
development, enhance public safety, protect Colorado's natural resources,
and further the state's longstanding commitment to innovative transportation
solutions.
       SECTION 2. In Colorado Revised Statutes, 43-4-803, add (30) and
(31) as follows:
        43-4-803. Definitions.
        As used in this part 8, unless the context otherwise requires:
        (30) "WILDLIFE" HAS THE MEANING SET FORTH IN SECTION 33-1-102
(51).
      (31) "WILDLIFE SAFE PASSAGE PROJECT" MEANS ONE OR MORE
PROJECTS THAT REDUCE WILDLIFE-VEHICLE COLLISIONS AND IMPROVE
HABITAT CONNECTIVITY BY PROVIDING WILDLIFE ROAD CROSSINGS,
INCLUDING:
        (a) PROJECTS IDENTIFIED ON THE DEPARTMENT'S TEN-YEAR PRIORITY
PIPELINE PROJECTS LIST WITH WILDLIFE PASSAGE COMPONENTS OR OTHER
WILDLIFE PASSAGE OPPORTUNITIES IDENTIFIED BY THE DEPARTMENT, THE
DIVISION OF PARKS AND WILDLIFE IN THE DEPARTMENT OF NATURAL
RESOURCES CREATED IN SECTION 33-9-104 (1), THE COLORADO WILDLIFE
AND TRANSPORTATION ALLIANCE ESTABLISHED IN 2018, ANY BOARD OF
COUNTY COMMISSIONERS, OR ANY TRIBAL GOVERNMENT;
      (b) COSTS RELATED TO PROJECT FEASIBILITY STUDIES, PLANNING,
CONSTRUCTION, RETROFITTING, AND MAINTENANCE OF WILDLIFE ROAD
CROSSING INFRASTRUCTURE; ROADKILL TRACKING AND STUDIES; ANIMAL
PAGE 5-SENATE BILL 26-141
DETECTION SYSTEMS; SIGNAGE; EXCLUSIONARY FENCING; AND WILDLIFE
JUMP OUTS; AND
       (c) COSTS ASSOCIATED WITH CONSERVATION EFFORTS NECESSARY
TO ENSURE THE CONTINUED FUNCTIONALITY OF WILDLIFE ROAD CROSSING
INFRASTRUCTURE FOR THE DURATION OF ITS PLANNED STRUCTURE LIFE.
        SECTION 3. In Colorado Revised Statutes, 43-4-805, amend
(1)(a), (1)(b) introductory portion, (1)(b)(I), (2)(a)(I), (2)(b) introductory
portion, (2)(c), (3)(a), and (4); and add (1)(b)(III), (2)(b)(I.5), (2)(d), (3.5),
and (5)(g.9) as follows:
      43-4-805. Statewide bridge enterprise - creation - board - funds
- powers and duties - legislative declaration - definitions.
       (1) The general assembly hereby finds and declares that:
       (a) The completion of designated bridge projects, preventative
maintenance bridge projects, WILDLIFE SAFE PASSAGE PROJECTS, and tunnel
projects is essential to address increasing traffic congestion and delays,
hazards, injuries, and fatalities;
       (b) Due to the limited availability of state and federal funding and
the need to accomplish, AS PROMPTLY AND EFFICIENTLY AS POSSIBLE, the
financing, repair, reconstruction, and replacement of designated bridges; the
completion of preventative maintenance bridge projects; and the completion
of tunnel projects, as promptly and efficiently as possible, ALL OF WHICH
CAN ENCOMPASS WILDLIFE SAFE PASSAGE PROJECTS, it is necessary to create
a statewide bridge and tunnel enterprise and to authorize the enterprise to:
       (I) Enter into agreements with the commission or the department to
finance, repair, reconstruct, and replace designated bridges, complete
preventative maintenance bridge projects, COMPLETE WILDLIFE SAFE
PASSAGE PROJECTS, and complete tunnel projects in the state; and
       (III)IMPOSE AN OPTIONAL COLLISION PREVENTION FEE AS
AUTHORIZED BY SUBSECTION (5)(g.9) OF THIS SECTION; AND
       (2) (a) (I) The scope of the existing statewide bridge enterprise
created in this subsection (2)(a)(I) in 2009 is hereby expanded to include
PAGE 6-SENATE BILL 26-141
designated bridge projects, preventative maintenance bridge projects,
WILDLIFE SAFE PASSAGE PROJECTS, and surface transportation infrastructure
projects for tunnels, and the name of the expanded enterprise is the
statewide bridge and tunnel enterprise. The bridge enterprise is and operates
as a government-owned business within the department. The commission
shall serve as the bridge enterprise board and shall, with the consent of the
executive director, appoint a bridge enterprise director who shall possess
such qualifications as may be established by the commission and the state
personnel board. The bridge enterprise director shall oversee the discharge
of all responsibilities of the bridge enterprise and shall serve at the pleasure
of the bridge enterprise board.
        (b) The business purpose of the bridge enterprise is to finance,
repair, reconstruct, and replace any designated bridge in the state, complete
preventative maintenance bridge projects, COMPLETE WILDLIFE SAFE
PASSAGE PROJECTS, and complete tunnel projects and, as agreed upon by the
enterprise and the commission, or the department to the extent authorized
by the commission, to maintain the bridges it finances, repairs, reconstructs,
and replaces. To allow the bridge enterprise to accomplish this purpose and
fully exercise its powers and duties through the bridge enterprise board, the
bridge enterprise may:
       (I.5) IMPOSE AN OPTIONAL COLLISION PREVENTION FEE, AS
AUTHORIZED BY SUBSECTION (5)(g.9) OF THIS SECTION AND COLLECTED AS
DESCRIBED IN SECTION 43-4-815;
        (c) The bridge enterprise constitutes an enterprise for purposes of
section 20 of article X of the state constitution so long as it retains the
authority to issue revenue bonds and receives less than ten percent of its
total revenues in grants from all Colorado state and local governments
combined. So long as it constitutes an enterprise pursuant to this subsection
(2)(c), the bridge enterprise shall not be subject to any provisions of section
20 of article X of the state constitution. Consistent with the determination
of the Colorado supreme court in Nicholl v. E-470 Public Highway
Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is
inconsistent with "enterprise" status under section 20 of article X of the
state constitution, the general assembly finds and declares that a bridge
safety surcharge, a bridge and tunnel impact fee, or a bridge and tunnel
retail delivery fee imposed by the bridge enterprise as authorized by
subsection (5)(g), (5)(g.5), or (5)(g.7) of this section is not a tax but is
PAGE 7-SENATE BILL 26-141
instead a fee imposed by the bridge enterprise to defray the cost of
completing designated bridge projects, preventative maintenance bridge
projects, and tunnel projects that the enterprise provides as a specific
service to the persons upon whom the fee is imposed and at rates reasonably
calculated based on the benefits received by such persons. IN ADDITION, THE
GENERAL ASSEMBLY FINDS AND DECLARES THAT THE OPTIONAL COLLISION
PREVENTION FEE IMPOSED BY THE BRIDGE ENTERPRISE AS AUTHORIZED BY
SUBSECTION (5)(g.9) OF THIS SECTION AND COLLECTED AS DESCRIBED IN
SECTION 43-4-815 IS NOT A TAX BUT IS INSTEAD A FEE IMPOSED BY THE
ENTERPRISE TO DEFRAY THE COST OF COMPLETING WILDLIFE SAFE PASSAGE
PROJECTS THAT THE ENTERPRISE PROVIDES AS A SERVICE TO THE PERSONS
UPON WHOM THE FEE IS IMPOSED AND AT RATES REASONABLY CALCULATED
BASED ON THE BENEFITS RECEIVED BY THOSE PERSONS.
       (d) THE BRIDGE ENTERPRISE'S ABILITY TO IMPOSE AN OPTIONAL
COLLISION PREVENTION FEE AND USE REVENUE FROM THAT FEE TO
COMPLETE WILDLIFE SAFE PASSAGE PROJECTS, IN CONNECTION WITH BRIDGE
AND TUNNEL PROJECTS, DOES NOT CONSTITUTE CREATION OF A NEW
ENTERPRISE OR THE QUALIFICATION OF AN EXISTING GOVERNMENT-OWNED
BUSINESS AS AN ENTERPRISE FOR PURPOSES OF SECTION 20 OF ARTICLE X OF
THE STATE CONSTITUTION, SECTION 24-77-103.6 (6)(b)(II), OR SECTION
24-77-108 AND, THEREFORE, DOES NOT REQUIRE OR AUTHORIZE
ADJUSTMENT OF THE STATE FISCAL YEAR SPENDING LIMIT CALCULATED
PURSUANT TO SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION OR
THE EXCESS STATE REVENUES CAP, AS DEFINED IN SECTION 24-77-103.6
(6)(b)(I), AND DOES NOT REQUIRE VOTER APPROVAL.
        (3) (a) The statewide bridge and tunnel enterprise special revenue
fund, referred to in this part 8 as the "bridge special fund", is hereby created
in the state treasury. EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3.5)
OF THIS SECTION, all revenue received by the bridge enterprise, including,
but not limited to, revenue from a bridge safety surcharge imposed as
authorized by subsection (5)(g) of this section, revenue from a bridge and
tunnel impact fee imposed as authorized by subsection (5)(g.5) of this
section, revenue from a bridge and tunnel retail delivery fee imposed as
authorized by subsection (5)(g.7) of this section, and any money loaned to
the enterprise by the state pursuant to subsection (5)(r) of this section, shall
be deposited into the bridge special fund. The bridge enterprise board may
establish separate accounts within the bridge special fund as needed in
connection with any specific designated bridge project, preventative
PAGE 8-SENATE BILL 26-141
maintenance bridge project, or tunnel project. The bridge enterprise also
may deposit or permit others to deposit other money into the bridge special
fund, but in no event may revenue from any tax otherwise available for
general purposes be deposited into the bridge special fund. The state
treasurer, after consulting with the bridge enterprise board, shall invest any
money in the bridge special fund, including any surplus or reserves, but
excluding any proceeds from the sale of bonds or earnings on such proceeds
invested pursuant to section 43-4-807 (2), that are not needed for immediate
use. Such money may be invested in the types of investments authorized in
sections 24-36-109, 24-36-112, and 24-36-113.
      (3.5) (a) THE COLLISION PREVENTION FUND IS CREATED IN THE STATE
TREASURY. THE FUND CONSISTS OF REVENUE FROM THE OPTIONAL COLLISION
PREVENTION FEE THAT IS IMPOSED BY THE BRIDGE ENTERPRISE PURSUANT TO
SUBSECTION (5)(g.9) OF THIS SECTION AND COLLECTED AS DESCRIBED IN
SECTION 43-4-815. THE BRIDGE ENTERPRISE ALSO MAY DEPOSIT OR PERMIT
OTHER ENTITIES TO DEPOSIT OTHER MONEY INTO THE COLLISION PREVENTION
FUND, INCLUDING ANY MONEY LOANED TO THE BRIDGE ENTERPRISE BY THE
STATE PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION. THE MONEY IN
THE FUND IS CONTINUOUSLY APPROPRIATED TO THE BRIDGE ENTERPRISE.
THE STATE TREASURER, AFTER CONSULTING WITH THE BRIDGE ENTERPRISE
BOARD, SHALL INVEST ANY MONEY IN THE COLLISION PREVENTION FUND
THAT IS NOT NEEDED FOR IMMEDIATE USE. THE STATE TREASURER SHALL
CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND
INVESTMENT OF MONEY IN THE COLLISION PREVENTION FUND TO THE
COLLISION PREVENTION FUND.
       (b) THE BRIDGE ENTERPRISE SHALL USE THE MONEY IN THE
COLLISION PREVENTION FUND:
     (I) TO FUND WILDLIFE SAFE PASSAGE PROJECTS, INCLUDING REPAIR
AND MAINTENANCE COSTS;
     (II) TO PROVIDE MATCHING MONEY AS REQUIRED BY FEDERAL GRANT
PROGRAMS RELATING TO WILDLIFE SAFE PASSAGE PROJECTS;
      (III) FOR ADMINISTRATIVE AND PERSONNEL EXPENSES RELATED TO
THE PURPOSES OF THE FUND AS SET FORTH IN THIS SUBSECTION (3.5);
       (IV) TO PROMOTE THE OPTIONAL COLLISION PREVENTION FEE AND
PAGE 9-SENATE BILL 26-141
FUND TO MAXIMIZE PARTICIPATION IN THE OPTIONAL FEE , IN
COLLABORATION WITH THE DEPARTMENT OF REVENUE, IMPACTED
STAKEHOLDERS, AND INTERESTED ORGANIZATIONS; AND
      (V) TO REIMBURSE THE STATE FOR THE AMOUNT OF ANY LOAN FROM
THE STATE HIGHWAY FUND OR ANY INTEREST THEREON, AS PROVIDED IN
SUBSECTION (4) OF THIS SECTION.
      (c) IN DETERMINING WHICH WILDLIFE SAFE PASSAGE PROJECTS THE
BRIDGE ENTERPRISE WILL UNDERTAKE, THE ENTERPRISE SHALL:
      (I) CONSULT WITH THE DEPARTMENT, THE DIVISION OF PARKS AND
WILDLIFE IN THE DEPARTMENT OF NATURAL RESOURCES, CREATED IN
SECTION 33-9-104 (1), AND THE COLORADO WILDLIFE AND TRANSPORTATION
ALLIANCE, ESTABLISHED IN 2018;
      (II) CONSULT WITH THE TRIBAL GOVERNMENT, IF THE PROPOSED
PROJECT IS ON OR ADJACENT TO TRIBAL LAND;
      (III) CONSULT WITH RELEVANT LOCAL GOVERNMENTS WITH
JURISDICTION OVER THE AREA OF THE PROPOSED PROJECT AND ANY
RELEVANT LOCAL ORGANIZATIONS ENGAGING IN WORK TO REDUCE VEHICLE
COLLISIONS;
      (IV)  CONSIDER STUDIES CONCERNING THE PRIORITIZATION OF
WILDLIFE WITHIN THE STATE;
      (V) CONSIDER WHETHER THE WILDLIFE SAFE PASSAGE PROJECT IS
RELATED TO A BRIDGE OR TUNNEL PROJECT UNDERTAKEN BY THE BRIDGE
ENTERPRISE; AND
      (VI) IN CONSULTATION WITH THE DIVISION OF PARKS AND WILDLIFE
IN THE DEPARTMENT OF NATURAL RESOURCES, CONSIDER OPPORTUNITIES
FOR LANDOWNER AGREEMENTS OR ADDITIONAL CONSERVATION EFFORTS
THAT MAY BE NECESSARY TO ENSURE THE CONTINUED FUNCTIONALITY OF
INFRASTRUCTURE ASSOCIATED WITH A PROPOSED WILDLIFE SAFE PASSAGE
PROJECT FOR THE DURATION OF ITS PLANNED STRUCTURAL LIFE.
     (d) IN UNDERTAKING WILDLIFE SAFE PASSAGE PROJECTS USING
MONEY FROM THE FUND, THE ENTERPRISE SHALL FOLLOW APPLICABLE
PAGE 10-SENATE BILL 26-141
PROVISIONS IN SECTION 24-103-908, INCLUDING THE PREFERENCE FOR
RESIDENT BIDDERS SET FORTH IN SECTION 24-103-908 (2).
       (4) (a) The commission may transfer money from the state highway
fund created in section 43-1-219 to the bridge enterprise for the purpose of
defraying expenses incurred by the enterprise prior to the receipt of bond
proceeds or revenue by the enterprise. The bridge enterprise may accept and
expend any money so transferred, and, notwithstanding any state fiscal rule
or generally accepted accounting principle that could otherwise be
interpreted to require a contrary conclusion, such a transfer shall constitute
a loan from the commission to the bridge enterprise and shall not be
considered a grant for purposes of section 20 (2)(d) of article X of the state
constitution. As the bridge enterprise receives sufficient revenues in excess
of expenses, the enterprise shall reimburse the state highway fund for the
principal amount of any loan from the state highway fund made by the
commission plus interest at a rate set by the commission.
       (b) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(b)(II) OF
THIS SECTION, any money loaned from the state highway fund to the bridge
enterprise pursuant to this section shall SUBSECTION (4) MUST be deposited
into a fund to be known as the statewide bridge and tunnel enterprise
operating fund, which fund is hereby created, and shall MUST not be
deposited into the bridge special fund. Money from the bridge special fund
may, however, be used to reimburse the state highway fund for the amount
of any loan from the state highway fund or any interest thereon.
      (II) ANY MONEY LOANED FROM THE STATE HIGHWAY FUND TO THE
BRIDGE ENTERPRISE PURSUANT TO THIS SUBSECTION (4) FOR THE PURPOSE OF
DEFRAYING EXPENSES INCURRED BY THE ENTERPRISE IN CONNECTION WITH
THE COLLISION PREVENTION FUND OR FEE, INCLUDING MONEY FOR
CONDUCTING THE PUBLIC OUTREACH CAMPAIGN TO EDUCATE THE PUBLIC
ABOUT THE OPTIONAL COLLISION PREVENTION FEE PURSUANT TO SECTION
43-4-815 (4)(c) OR FOR DEVELOPING LANGUAGE TO NOTIFY INDIVIDUALS
ABOUT THE OPTIONAL COLLISION PREVENTION FEE PURSUANT TO SECTION
43-4-815 (4)(b), PRIOR TO THE RECEIPT OF FEE REVENUE BY THE ENTERPRISE
FROM THE COLLISION PREVENTION FEE MUST BE DEPOSITED INTO THE
COLLISION PREVENTION FUND CREATED IN SUBSECTION (3.5) OF THIS
SECTION OR TO AN ACCOUNT WITHIN THE FUND. LOAN LIABILITIES THAT ARE
RECORDED IN THE COLLISION PREVENTION FUND BUT THAT ARE NOT
REQUIRED TO BE PAID IN THE CURRENT FISCAL YEAR MUST NOT BE
PAGE 11-SENATE BILL 26-141
CONSIDERED WHEN CALCULATING SUFFICIENT STATUTORY FUND BALANCE
FOR PURPOSES OF SECTION 24-75-109. MONEY FROM THE COLLISION
PREVENTION FUND MAY BE USED TO REIMBURSE THE STATE HIGHWAY FUND
FOR THE AMOUNT OF ANY LOAN FROM THE STATE HIGHWAY FUND OR ANY
INTEREST THEREON.
       (5) In addition to any other powers and duties specified in this
section, the bridge enterprise board has the following powers and duties:
      (g.9) (a) IN FURTHERANCE OF ITS BUSINESS PURPOSE, BEGINNING ON
JANUARY 1, 2027, THE BRIDGE ENTERPRISE IS AUTHORIZED TO IMPOSE AN
OPTIONAL COLLISION PREVENTION FEE IN THE AMOUNT OF FIVE DOLLARS,
WHICH IS COLLECTED AS DESCRIBED IN SECTION 43-4-815.
     (b) BEGINNING ON JULY 1, 2028, AND ON JULY 1 OF EACH YEAR
THEREAFTER, THE BRIDGE ENTERPRISE BOARD MAY ADJUST THE FEE AMOUNT
UPWARD FOR INFLATION BASED ON THE ANNUAL PERCENTAGE CHANGE IN
THE UNITED STATES DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS
CONSUMER PRICE INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS
AND ALL URBAN CONSUMERS, OR ITS APPLICABLE PREDECESSOR OR
SUCCESSOR INDEX.
      SECTION 4. In Colorado Revised Statutes, add 43-4-815 as
follows:
       43-4-815. Optional collision prevention fee - assess with vehicle
registration - option to decline to pay - legislative declaration -
definitions.
      (1) Legislative declaration. THE GENERAL ASSEMBLY:
      (a) FINDS AND DETERMINES THAT:
      (I) IT IS IN THE BEST INTEREST OF THE STATE AND ALL COLORADANS
TO GENERATE FUNDING FOR WILDLIFE CROSSINGS AND RELATED PROJECTS,
INCLUDING TARGETED TRANSPORTATION SYSTEM INFRASTRUCTURE
IMPROVEMENTS, LAND CONSERVATION TO ENSURE THE FUNCTIONALITY OF
WILDLIFE CROSSINGS, AND OTHER DATA-DRIVEN STRATEGIES THAT WILL
REDUCE THE NUMBER OF WILDLIFE-VEHICLE COLLISIONS, THEREBY SAVING
LIVES, PREVENTING INJURIES, AVOIDING PROPERTY DAMAGE, REDUCING
PAGE 12-SENATE BILL 26-141
TRAFFIC, AND FACILITATING     HEALTHY   WILDLIFE   MIGRATION    AND
MOVEMENT; AND
     (II) THE GOALS AND OBJECTIVES IDENTIFIED IN THIS SUBSECTION (1)
AND IN SECTION 43-4-805 CAN ONLY BE ACCOMPLISHED THROUGH
IMPLEMENTATION OF AN OPTIONAL FEE STRUCTURE THAT PROVIDES
CONSISTENT, RELIABLE FINANCIAL CONTRIBUTIONS; AND
      (b) DECLARES THAT:
      (I) THE OPTIONAL COLLISION PREVENTION FEE IS NOT INTENDED AS
A REGISTRATION FEE OR OTHER CHARGE WITH RESPECT TO THE OPERATION
OF ANY MOTOR VEHICLE UPON ANY PUBLIC HIGHWAY IN THE STATE;
      (II) THE COLLECTION OF THE OPTIONAL COLLISION PREVENTION FEE
WITH AN ANNUAL MOTOR VEHICLE REGISTRATION IS INTENDED TO CREATE
AN ADMINISTRATIVE CONVENIENCE; AND
      (III) AN INDIVIDUAL'S CHOICE NOT TO PAY THE OPTIONAL COLLISION
PREVENTION FEE IS NOT INTENDED TO AFFECT THE INDIVIDUAL'S ABILITY TO
REGISTER THE INDIVIDUAL'S MOTOR VEHICLE.
     (2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES:
     (a) "COLLISION PREVENTION FUND" MEANS THE COLLISION
PREVENTION FUND CREATED IN SECTION 43-4-805 (3.5).
      (b) "DIVISION OF MOTOR VEHICLES" MEANS THE DIVISION OF MOTOR
VEHICLES IN THE DEPARTMENT OF REVENUE.
      (c) "DIVISION OF PARKS AND WILDLIFE" HAS THE MEANING SET
FORTH IN SECTION 33-1-102 (10).
      (d) "KEEP COLORADO WILD PASS" MEANS THE KEEP COLORADO WILD
PASS CREATED IN SECTION 33-12-108.
      (e) "LIGHT-WEIGHT TRUCK" MEANS A TRUCK WITH A DECLARED
EMPTY VEHICLE WEIGHT OF LESS THAN OR EQUAL TO SIXTEEN THOUSAND
POUNDS.
PAGE 13-SENATE BILL 26-141
      (f) "MOTORCYCLE" HAS THE MEANING SET FORTH IN SECTION
42-1-102 (55).
      (g) "MOTOR VEHICLE" HAS THE MEANING SET FORTH IN SECTION
42-1-102 (58).
      (h) "RECREATIONAL VEHICLE" HAS THE SAME MEANING AS
"NONCOMMERCIAL OR RECREATIONAL VEHICLE" AS SET FORTH IN SECTION
42-1-102 (61).
      (i) "REGISTRATION" REFERS TO THE REGISTRATION OF A VEHICLE
WITH THE DEPARTMENT OF REVENUE, AS REQUIRED BY SECTION 42-3-103.
         (j) "TRUCK" HAS THE MEANING SET FORTH IN SECTION 42-1-102
(108).
     (k) "WILDLIFE CASH FUND" MEANS THE WILDLIFE CASH FUND
CREATED IN SECTION 33-1-112 (1)(a).
      (3) (a) IN FURTHERANCE OF ITS BUSINESS PURPOSE AS DESCRIBED IN
SECTION 43-4-805, BEGINNING ON JANUARY 1, 2027, THE BRIDGE
ENTERPRISE IS AUTHORIZED TO IMPOSE AN OPTIONAL COLLISION PREVENTION
FEE TO FUND WILDLIFE SAFE PASSAGE PROJECTS, INCREASE ROAD SAFETY,
AND SUPPORT WILDLIFE CONNECTIVITY. THE COLLISION PREVENTION FEE IS
COLLECTED AS DESCRIBED IN THIS SECTION.
         (b) (I) THE COLLISION PREVENTION FEE IS COLLECTED BY THE
DEPARTMENT OF REVENUE OR AN AUTHORIZED AGENT AT THE TIME OF
REGISTERING A MOTOR VEHICLE THAT IS A PASSENGER MOTOR VEHICLE,
LIGHT-WEIGHT TRUCK, MOTORCYCLE, OR RECREATIONAL VEHICLE.
      (II) THE COLLISION PREVENTION FEE IS COLLECTED BY THE
DEPARTMENT OF REVENUE OR AN AUTHORIZED AGENT ONLY FOR INITIAL
REGISTRATION OR RENEWAL TRANSACTIONS THAT OCCUR IN AN OFFICE OR
ONLINE.
      (III) ONCE AN INDIVIDUAL OPTS TO PAY THE COLLISION PREVENTION
FEE AND THE FEE IS COLLECTED, THE FEE CANNOT BE REFUNDED.
         (c) AN INDIVIDUAL REGISTERING A TYPE OF MOTOR VEHICLE LISTED
PAGE 14-SENATE BILL 26-141
IN SUBSECTION (3)(b) OF THIS SECTION WHO HAS BEEN ASSESSED THE
COLLISION PREVENTION FEE MAY DECLINE TO PAY THE FEE WHEN MAKING
PAYMENT DURING THE MOTOR VEHICLE REGISTRATION PROCESS.
NONPAYMENT OF THE FEE DOES NOT AFFECT AN INDIVIDUAL'S ABILITY TO
REGISTER A MOTOR VEHICLE.
      (d) (I) THE COLLISION PREVENTION FEE IS ASSESSED WHEN A TYPE OF
MOTOR VEHICLE LISTED IN SUBSECTION (3)(b) OF THIS SECTION IS
REGISTERED AS REQUIRED BY ARTICLE 3 OF TITLE 42. EACH AUTHORIZED
AGENT SHALL REMIT TO THE DEPARTMENT OF REVENUE NO LESS
FREQUENTLY THAN ONCE A MONTH ALL COLLISION PREVENTION FEES
COLLECTED BY THE AUTHORIZED AGENT. THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF REVENUE SHALL TRANSMIT ALL COLLISION PREVENTION
FEES REMITTED BY AUTHORIZED AGENTS PLUS ANY COLLISION PREVENTION
FEES COLLECTED DIRECTLY BY THE DEPARTMENT OF REVENUE, MINUS THE
DIRECT AND INDIRECT COSTS FOR THE COLLECTION AND TRANSMISSION OF
THE FEES AS INCURRED BY THE DEPARTMENT OF REVENUE AND ITS
AUTHORIZED AGENTS, TO THE STATE TREASURER NO LESS FREQUENTLY THAN
ONCE A MONTH, AND THE STATE TREASURER SHALL CREDIT THE FEES IN
ACCORDANCE WITH SUBSECTION (3)(e) OF THIS SECTION.
     (II) ANY MONEY THAT THE DEPARTMENT OF REVENUE RECEIVES AND
TRANSMITS TO THE STATE TREASURER PURSUANT TO SUBSECTION (3)(d)(I)
OF THIS SECTION AND THE STATE TREASURER CREDITS TO THE COLLISION
PREVENTION FUND OR TO THE WILDLIFE CASH FUND:
     (A) IS COLLECTED FOR THE BRIDGE ENTERPRISE, WHICH IS AN
ENTERPRISE PURSUANT TO SECTION 43-4-805, AND THE DIVISION OF PARKS
AND WILDLIFE, WHICH IS AN ENTERPRISE PURSUANT TO SECTION 33-9-105;
      (B) IS CUSTODIAL MONEY INTENDED FOR THE BRIDGE ENTERPRISE
AND THE DIVISION OF PARKS AND WILDLIFE THAT IS HELD TEMPORARILY BY
THE DEPARTMENT OF REVENUE AND THE STATE TREASURER SOLELY FOR THE
PURPOSE OF CREDITING THE MONEY TO THE COLLISION PREVENTION FUND
AND THE WILDLIFE CASH FUND; AND
       (C) BASED ON THE STATUS OF THE BRIDGE ENTERPRISE AND THE
DIVISION OF PARKS AND WILDLIFE AS ENTERPRISES, IS NOT SUBJECT TO
SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION AT ANY TIME DURING
ITS COLLECTION, TRANSMISSION, OR USE.
PAGE 15-SENATE BILL 26-141
       (e) THE STATE TREASURER SHALL CREDIT THE REVENUE FROM THE
COLLISION PREVENTION FEE THAT THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF REVENUE TRANSMITS PURSUANT TO SUBSECTION (3)(d) OF
THIS SECTION AS FOLLOWS:
      (I) SEVENTY-FIVE PERCENT OF THE REVENUE TO THE COLLISION
PREVENTION FUND TO PROVIDE THE SERVICES DESCRIBED IN SECTION
43-4-805; AND
      (II) TWENTY-FIVE PERCENT OF THE REVENUE TO THE WILDLIFE CASH
FUND TO PROVIDE SERVICES RELATED TO WILDLIFE CONNECTIVITY AND
WILDLIFE CROSSING-RELATED CONSERVATION EFFORTS TO FEE PAYERS ON
BEHALF OF THE BRIDGE ENTERPRISE.
     (4) (a) IN CONSULTATION WITH THE DIVISION, THE DEPARTMENT OF
REVENUE, COUNTY CLERKS, AND THE BRIDGE ENTERPRISE SHALL DETERMINE
THE APPROPRIATE LOCATION IN THE VEHICLE REGISTRATION PROCESS FOR
THE ABILITY TO OPT OUT OF THE COLLISION PREVENTION FEE. THE PROCESS
TO OPT OUT OF THE COLLISION PREVENTION FEE MUST BE CLEARLY
DIFFERENTIATED FROM AND OCCUR AFTER THE ABILITY TO OPT OUT OF THE
KEEP COLORADO WILD PASS FEES.
      (b) IN COLLABORATION WITH THE DEPARTMENT OF REVENUE AND
COUNTY CLERKS, THE BRIDGE ENTERPRISE SHALL DEVELOP LANGUAGE TO
NOTIFY INDIVIDUALS ABOUT THE OPTIONAL COLLISION PREVENTION FEE,
INCLUDING EXPLICIT LANGUAGE REGARDING THE ABILITY TO DECLINE TO
PAY THE FEE AND THE FACT THAT NONPAYMENT OF THE FEE WILL NOT
AFFECT THE INDIVIDUAL'S ABILITY TO REGISTER A MOTOR VEHICLE. THE
NOTIFICATION LANGUAGE DEVELOPED MUST BE CONSPICUOUSLY PLACED:
     (I) ON A PUBLIC WEBSITE FOR THE BRIDGE ENTERPRISE OR THE
DEPARTMENT; AND
      (II) ON THE DIVISION OF MOTOR VEHICLES' PUBLIC WEBSITE.
     (c) IN COLLABORATION WITH THE DEPARTMENT OF REVENUE, THE
DEPARTMENT, COUNTY CLERKS, THE DIVISION OF PARKS AND WILDLIFE, AND
OTHER IMPACTED STAKEHOLDERS, THE ENTERPRISE SHALL CONDUCT A
PUBLIC OUTREACH CAMPAIGN TO EDUCATE THE PUBLIC ABOUT THE
OPTIONAL COLLISION PREVENTION FEE AND WHAT BENEFITS THE FEE WILL
PAGE 16-SENATE BILL 26-141
PROVIDE. THE ENTERPRISE SHALL INITIATE THE PUBLIC OUTREACH
CAMPAIGN AS SOON AS PRACTICABLE FOLLOWING THE EFFECTIVE DATE OF
THIS SECTION AND SHALL DEVELOP AND DELIVER CUSTOMER-FACING
EDUCATIONAL MATERIALS TO COUNTY CLERKS ON OR BEFORE DECEMBER 1,
2026.
        SECTION 5. In Colorado Revised Statutes, 33-1-112, add (1)(d)
as follows:
          33-1-112. Funds - cost accounting - definition.
      (1) (d) THE DIVISION SHALL USE THE MONEY FROM THE OPTIONAL
COLLISION PREVENTION FEE PAID PURSUANT TO SECTION 43-4-815 (3)(e)(II)
AND DEPOSITED IN THE WILDLIFE CASH FUND FOR WILDLIFE CONNECTIVITY
AND WILDLIFE CROSSING-RELATED CONSERVATION EFFORTS. THE MONEY
FROM THE OPTIONAL COLLISION PREVENTION FEE IS CONTINUOUSLY
APPROPRIATED TO THE DIVISION FOR THE PURPOSES OF THIS SUBSECTION
(1)(d).
        SECTION 6. In Colorado Revised Statutes, 33-12-108, repeal
(4)(c)(II) as follows:
       33-12-108. Keep Colorado wild pass - assess with vehicle
registration - option to decline to pay - rules - short title - legislative
declaration - definitions.
       (4) (c) (II) If a person declines to pay the pass fee or otherwise fails
to pay the pass fee, it shall be presumed that the person will decline to pay
the pass fee in future years in which the person registers the motor vehicle,
and the division, in collaboration with the division of motor vehicles in the
department of revenue, shall develop an opt-in provision to be displayed on
any subsequent notifications sent to the person regarding that motor vehicle.
       SECTION 7. Appropriation. (1) For the 2026-27 state fiscal year,
$53,516 is appropriated to the department of revenue for use by the division
of motor vehicles. This appropriation is from the DRIVES cash fund
created in section 42-1-211 (2)(a), C.R.S. To implement this act, the
division may use this appropriation as follows:
          (a) $39,782 for DRIVES maintenance and support;
PAGE 17-SENATE BILL 26-141
       (b) $3,403 for use by the division of motor vehicles for personal
services related to vehicle services;
       (c) $4,715 for use by the executive director's office for personal
services related to administration and support; and
       (d) $5,616 for payments to OIT.
       (2) For the 2026-27 state fiscal year, $778 is appropriated to the
department of natural resources for use by the division of parks and
wildlife. This appropriation is from the parks and outdoor recreation cash
fund created in section 33-10-111 (1), C.R.S. To implement this act, the
division may use this appropriation for state park operations.
       (3) For the 2026-27 state fiscal year, $778 is appropriated to the
department of revenue for use by the division of motor vehicles. This
appropriation is from reappropriated funds received from the department of
natural resources under subsection (2) of this section. To implement this act,
the division may use this appropriation to for DRIVES maintenance and
support.
       (4) For the 2026-27 state fiscal year, $19,940 is appropriated to the
department of law. This appropriation is from the legal services cash fund
created in section 24-31-108 (4), C.R.S., from revenue received from the
department of transportation that is continuously appropriated to the
department of transportation from the collision prevention fund created in
section 43-4-805 (3.5)(a), C.R.S. The appropriation to the department of
law is based on an assumption that the department of law will require an
additional 0.1 FTE. To implement this act, the department of law may use
this appropriation to provide legal services for the department of
transportation.
        SECTION 8. Act subject to petition - effective date. This act
takes effect October 1, 2026; except that, if a referendum petition is filed
pursuant to section 1 (3) of article V of the state constitution against this act
or an item, section, or part of this act within the ninety-day period after final
adjournment of the general assembly, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
PAGE 18-SENATE BILL 26-141
held in November 2026 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
____________________________  ____________________________
James Rashad Coleman, Sr.  Julie McCluskie
PRESIDENT OF  SPEAKER OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
____________________________  ____________________________
Esther van Mourik  Vanessa Reilly
SECRETARY OF  CHIEF CLERK OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
       APPROVED________________________________________
                          (Date and Time)
                   _________________________________________
                  Jared S. Polis
                  GOVERNOR OF THE STATE OF COLORADO
PAGE 19-SENATE BILL 26-141