Wild Horse License Plate

HOUSE BILL 26-1306
BY REPRESENTATIVE(S) Duran and Suckla, Brown, Carter, Lieder,
Bacon, Clifford, Joseph, Lindsay, Nguyen, Ricks, Rutinel, Slaugh, Soper,
Weinberg, McCluskie;
also SENATOR(S) Kipp, Wallace, Coleman.
CONCERNING THE CREATION OF THE WILD HORSE SPECIAL LICENSE PLATE,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-77-102, amend (6)
as follows:
24-77-102. Definitions.
As used in this article 77, unless the context otherwise requires:
(6) "Gift" means something of value which is given to the state
voluntarily by any person or entity, regardless of whether such person or
entity specifies the purpose or purposes for which such thing of value is to
be used. "Gift" includes, but is not limited to, DONATIONS MADE TO THE
WILD HORSE FUND, CREATED IN SECTION 35-66-104, PURSUANT TO SECTION
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions ji-om existing law and such material is not part of
the act.
42-3-272 AND voluntary contributions received by the state as a result of
any state voluntary contribution program established pursuant to article 22
of title 39. C.R.S. "Gift" does not include federal funds or any pecuniary
compensation received by the state from any other governmental entity.
SECTION 2. In Colorado Revised Statutes, 35-66-104, amend
(2)(a); and add (6) as follows:
35-66-104. Wild horse fund -legislative declaration.
(2) (a) (I) State money in the fund is continuously appropriated to
the department for use by the wild horse project to implement and
administer this article 66.
(II) (A) NOTWITHSTANDING SUBSECTION (2)(a)(I) OF THIS SECTION,
THE ST A TE MONEY IN THE FUND IS SUBJECT TO THE TRANSFERS DESCRIBED
IN SECTION 42-3-272 (4)(b)(II).
(8) THIS SUBSECTION (2)(a)(II) IS REPEALED, EFFECTIVE JULY 1,
2028.
( 6) (a) THE WILD HORSE LICENSE PLATE ACCOUNT IS CREA TED IN THE
WILD HORSE FUND. THE STATE TREASURER SHALL CR EDIT DONATIONS MADE
UNDER SECTION 42-3-272 (3)(a) TO THE ACCOUNT.
(b) THE MONEY IN THE WILD HORSE LICENSE PLATE ACCOUNT MAY
BE USED BY THE WILD HORSE PROJECT TO IMPLEMENT AND ADMINISTER THIS
ARTICLE 66 IN ACCORDANCE WITH THIS SECTION, BUT THE STATE TREASURE
SHALL NOT TRANSFER THE MONEY IN THE ACCOUNT TO THE COLORADO
DRIVES VEHICLE SERVICES ACCOUNT, CREATED IN SECTION 42-1-211, THE
HIGHWAY USERS TAX FUND, CREATED IN SECTION 43-4-201, OR THE LICENSE
PLATE CASH FUND, CREATED IN SECTION 42-3-301, AS DESCRIBED IN SECTION
42-3-272 ( 4 )(b )(II).
( c) THE ST A TE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE WILD HORSE
LICENSE PLATE ACCOUNT TO THE FUND.
(d) THIS SUBSECTION (6) IS REPEALED, EFFECTIVE JULY 1, 2028.
PAGE 2-HOUSE BILL 26-1306
SECTION 3. In Colorado Revised Statutes, add 42-3-272 as
follows:
42-3-272. Special plates - wild horses - legislative declaration -
repeal.
(1) BEGINNING ON THE EARLIER OF JANUARY 1, 2027, OR WHEN THE
DEPARTMENT IS ABLE TO ISSUE THE PLATE, THE DEPARTMENT SHALL ISSUE
SPECIAL LICENSE PLATES TO QUALIFIED APPLICANTS IN ACCORDANCE WITH
THIS SECTION FOR MOTORCYCLES, PASSENGER CARS, TRUCKS, OR
NONCOMMERCIAL OR RECREATIONAL MOTOR VEHICLES THAT DO NOT
EXCEED SIXTEEN THOUSAND POUNDS EMPTY WEIGHT.
(2) (a) THE WILD HORSE LICENSE PLATE IS ESTABLISHED.
(b) THE DEPARTMENT SHALL DESIGN THE PLATE IN COOPERATION
AND CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE TO INDICATE
THAT THE MOTOR VEHICLE TO WHICH THE PLATE IS ATTACHED IS OWNED BY
A PERSON THAT SUPPORTS THE HUMAN PRESERVATION OF WILD HORSES.
(3) (a) (I) A PERSON MAY APPLY FORA WILD HORSE LICENSE PLATE
IF THE PERSON PAYS THE TAXES AND FEES REQUIRED IN THIS SECTION AND
MAKES A DONATION OF:
(A) ON OR BEFORE JUNE 30, 2028, ONE HUNDRED DOLLARS TO THE
WILD HORSE FUND, CREATED IN SECTION 35-66-104, FOR USE BY THE WILD
HORSE POPULATION MANAGEMENT PROGRAM ESTABLISHED IN SECTIONS
35-1-119 AND 35-66-108; OR
(B) ON OR AFTER JULY 1, 2028, FIFTY DOLLARS TO THE WILD HORSE
FUND, CREATED IN SECTION 35-66-104, FOR USE BY THE WILD HORSE
POPULATION MANAGEMENT PROGRAM ESTABLISHED IN SECTIONS 35-1-119
AND 35-66-108.
(11) THIS SUBSECTION (3)(a)(II) AND SUBSECTION (3)(a)(I)(A) OF
THIS SECTION ARE REPEALED, EFFECTIVE JULY 1, 2028.
(b) TO RENEW A WILD HORSE LICENSE PLATE, THE OWNER MUST
MAKE AN ANNUAL DONATION OF FIFTY DOLLARS TO THE WILD HORSE FUND,
CREATED IN SECTION 35-66-104.
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(c) THE AUTHORIZED AGENT SHALL COLLECT THE DONATION
REQUIRED IN SUBSECTION (3)(a) OR (3)(b) OF THIS SECTION AND TRANSFER
THE DONATION TO THE DEPARTMENT OF REVENUE. THE STATE TREASURER
SHALL CREDIT THE DONATIONS TO THE WILD HORSE FUND, CREA TED IN
SECTION 35-66-104.
( d) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT A
DONATION RECEIVED UNDER SUBSECTION (3)(a) OR (3)(b) OF THIS SECTION
IS A CUSTODIAL FUND AND, THEREFORE, IS NOT SUBJECT TO APPROPRIATION
OR TO SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION.
( 4) (a) THE AMOUNT OF THE TAXES AND FEES FOR A SPECIAL LICENSE
PLATE REQUIRED UNDER THIS SECTION IS THE SAME AS THE AMOUNT OF THE
TAXES AND FEES FOR A REGULAR MOTOR VEHICLE LICENSE PLATE; EXCEPT
THAT, BEGINNING JULY 1, 2028, THE DEPARTMENT SHALL COLLECT THE FEE
SPECIFIED IN SECTION 42-3-312 AND AN ADDITIONAL ONE-TIME FEE OF
TWENTY-FIVE DOLLARS FOR ISSUANCE OR REPLACEMENT OF THE SPECIAL
LICENSE PLATES. THE STATE TREASURER SHALL CREDIT THE FEE TO THE
HIGHWAY USERS TAX FUND, CREATED IN SECTION 43-4-201.
(b) (I) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL
NOTIFY THE ST ATE TREASURER OF THE NUMBER OF WILD HORSE LICENSE
PLATES SOLD. THE EXECUTIVE DIRECTOR OF THE DEPARTMENT, THE
COMMISSIONER OF AGRICULTURE, AND THE STATE TREASURER SHALL
JOINTLY DETERMINE THE FREQUENCY OF THE NOTIFICATIONS.
(II) UPON RECEIVING THE NOTIFICATION REQUIRED IN SUBSECTION
( 4 )(b )(I) OF THIS SECTION, THE STATE TREASURER SHALL TRANSFER:
(A) TWENTY-FIVE DOLLARS FROM THE WILD HORSE FUND, CREATED
IN SECTION 35-66-104, TO THE COLORADO DRIVES VEHICLE SERVICES
ACCOUNT, CREATED IN SECTION 42-1-211;
(B) TWENTY-FIVE DOLLARS FROM THE WILD HORSE FUND, CREATED
IN SECTION 3 5-66-104, TO THE HIGHWAY USERS TAX FUND, CREATED IN
SECTION 43-4-201; AND
(C) FIFTEEN DOLLARS AND NINETY-FOUR CENTS FROM THE WILD
HORSE FUND, CREATED IN SECTION 3 5-66-104, TO THE LICENSE PLATE CASH
FUND, CREATED IN SECTION 42-3-301.
PAGE 4-HOUSE BILL 26-1306
(111) ON DECEMBER 30, 2026, THE STATE TREASURER SHALL
TRANSFER TWENTY-FOUR THOUSAND TWO HUNDRED DOLLARS FROM THE
WILD HORSE FUND, CREATED IN SECTION 35-66-104, TO THE LICENSE PLATE
CASH FUND, CREATED IN SECTION 42-3-301.
(IV) ON JUNE 30, 2028, THE STATE TREASURER SHALL TRANSFER
TWENTY-FOUR THOUSAND TWO HUNDRED DOLLARS FROM THE LICENSE
PLATE CASH FUND, CREATED IN SECTION 42-3-301, TO THE WILD HORSE
FUND, CREATED IN SECTION 35-66-104.
(V) THIS SUBSECTION ( 4 )(b) IS REPEALED, EFFECTIVE JULY 1, 2028.
(5) AN APPLICANT MAY APPLY TO THE DEPARTMENT FOR
PERSONALIZED WILD HORSE LICENSE PLATES. UPON PAYMENT OF THE
ADDITIONAL FEE REQUIRED BY SECTION 42-3-211 (6)(a) FOR PERSONALIZED
LICENSE PLATES, THE DEPARTMENT MAY ISSUE THE PLATES IF THE APPLICANT
COMPLIES WITH SECTION 42-3-211. IF AN APPLICANT HAS EXISTING
PERSONALIZED LICENSE PLATES FOR A MOTOR VEHICLE, THE APPLICANT MAY
TRANSFER THE COMBINATION OF LETTERS OR NUMBERS TO A NEW SET OF
WILD HORSE LICENSE PLATES FOR THE VEHICLE UPON PAYING THE FEE
REQUIRED BY SECTION 42-3-211 (6)(a) AND UPON TURNING IN THE EXISTING
PLATES TO THE DEPARTMENT. A PERSON THAT HAS OBTAINED PERSONALIZED
LICENSE PLATES UNDER THIS SUBSECTION (5) MUST PAY THE ANNUAL FEE
IMPOSED BY SECTION 42-3-211 (6)(b) TO RENEW THE PERSONALIZED PLATES.
THE FEES ASSESSED UNDER THIS SUBSECTION (5) ARE IN ADDITION TO ALL
OTHER APPLICABLE TAXES AND FEES.
SECTION 4. In Colorado Revised Statutes, 42-3-301, add (3) as
follows:
42-3-301. License plate cash fund -license plate fees -repeal.
(3) (a) NOTWITHSTANDING SUBSECTION (1) OF THIS SECTION, THE
DEPARTMENT SHALL NOT COLLECT THE FEE IMPOSED IN THIS SECTION FOR
THE ISSUANCE OF THE WILD HORSE LICENSE PLATE CREATED IN SECTION
42-3-272.
(b) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2028.
SECTION 5. In Colorado Revised Statutes, amend 42-3-312 as
PAGE 5-HOUSE BILL 26-1306
follows:
42-3-312. Special license plate surcharge.
(1) In addition to any other fee imposed by this article 3, an
applicant for a special license plate created by rule in accordance with
section 42-3-207, as the section existed when the plate was created,
personalized plates issued under section 42-3-211, or special license plates
issued under sections 42-3-212 to 42-3-214, sections 42-3-217 to 42-3-218,
sections 42-3-221 to 42-3-234 42-3-229, SECTIONS 42-3-231 TO 42-3-234,
sections 42-3-237 to 42-3-258, sections 42-3-260 to 42-3-265, and sections
42-3-267 to 42-3-271 shall pay an issuance fee of twenty-five dollars;
except that the fee is not imposed on special license plates exempted from
additional fees for the issuance of a military special license plate by section
42-3-213 (l)(b)(II). The department shall transfer the money ftom the fee
to-the state treasurer who shall credit it THE MONEY FROM THE FEE to the
Colorado DRIVES vehicle services account created in section 42-1-211 (2).
(2) IN ADDITION TO ANY OTHER FEE IMPOSED BY THIS ARTICLE 3, AN
APPLICANT FOR SPECIAL LICENSE PLATES ISSUED UNDER SECTION 42-3-272
SHALL PAY THE FEE IMPOSED IN SUBSECTION (1) OF THIS SECTION ON OR
AFTER JULY 1, 2028, TO BE ISSUED THE SPECIAL LICENSE PLATES.
SECTION 6. Appropriation. ( 1) For the 2026-27 state fiscal year,
$143,412 is appropriated to the department of revenue. This appropriation
consists of $22,337 from the Colorado DRIVES vehicle services account
in the highway users tax fund created in section 42-1-211 (2), C.R.S., and
$121,075 from the license plate cash fund created in section 42-3-301
(l)(b), C.R.S. To implement this act, the department may use this
appropriation as follows:
(a) $121,075 from the license plate cash fund for use by the division
of motor vehicles for license plate ordering;
(b) $16,552 from the Colorado DRIVES vehicle services account
for DRIVES maintenance and support;
(c) $1,394 from the Colorado DRIVES vehicle services account for
use by the division of motor vehicles for personal services related to vehicle
services;
PAGE 6-HOUSE BILL 26-1306
( d) $1,927 from the Colorado DRJVES vehicle services account for
use by the executive director's office for personal services related to
administration and support; and
( e) $2,464 from the Colorado DRJVES vehicle services account for
payments to OIT.
SECTIO N 7. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 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
such period, then the act, item, section, or part will not take effect unless
PAGE 7-H OUSE BILL 26-1306
approved by the people at the general election to be 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.
Ju~~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~~
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
APPROVED 0)'\ '°Th~c:Rl MAJ 2,_'g"th ZOU,-..,-\ :I:; sor'­
Date nd Time)
PAGE 8-HOUSE BILL 26-1306