Wild Horse License Plate

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0726.01 Jery Payne x2157 HOUSE BILL 26-1306
House Committees Senate Committees
Finance
A BILL FOR AN ACT
CONCERNING THE CREATION OF THE WILD HORSE SPECIAL LICENSE101
PLATE.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill creates the wild horse special license plate. To qualify for
the plate, a person must make a donation of $50 to the wild horse fund
and make an annual donation of $25 to renew the plate. In addition to the
normal taxes and fees, the person must pay 2 one-time fees of $25.
HOUSE SPONSORSHIP
Duran,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-77-102, amend2
(6) as follows:3
24-77-102. Definitions.4
As used in this article 77, unless the context otherwise requires:5
(6) "Gift" means something of value which is given to the state6
voluntarily by any person or entity, regardless of whether such person or7
entity specifies the purpose or purposes for which such thing of value is8
to be used. "Gift" includes, but is not limited to, DONATIONS MADE TO THE9
WILD HORSE FUND , CREATED IN SECTION 35-66-104, PURSUANT TO10
SECTION 42-3-272 AND voluntary contributions received by the state as a11
result of any state voluntary contribution program established pursuant to12
article 22 of title 39. C.R.S. "Gift" does not include federal funds or any13
pecuniary compensation received by the state from any other14
governmental entity.15
SECTION 2. In Colorado Revised Statutes, 35-66-104, amend16
(1)(b) as follows:17
35-66-104. Wild horse fund - legislative declaration.18
(1) (b) The wild horse fund is created in the state treasury. The19
fund consists of gifts, grants, and donations, INCLUDING DONATIONS MADE20
UNDER SECTION 42-3-272; payments from the federal government in21
connection with assisting in the management of wild horses; and any22
other money that the general assembly may appropriate or transfer to the23
fund.24
SECTION 3. In Colorado Revised Statutes, add 42-3-272 as25
follows:26
42-3-272. Special plates - wild horses - legislative declaration.27
HB26-1306-2-
(1) BEGINNING ON THE EARLIER OF JANUARY 1, 2027, OR WHEN1
THE DEPARTMENT IS ABLE TO ISSUE THE PLATE, THE DEPARTMENT SHALL2
ISSUE SPECIAL LICENSE PLATES TO QUALIFIED APPLICANTS IN ACCORDANCE3
WITH THIS SECTION FOR MOTORCYCLES , PASSENGER CARS , TRUCKS, OR4
NONCOMMERCIAL OR RECREATIONAL MOTOR VEHICLES THAT DO NOT5
EXCEED SIXTEEN THOUSAND POUNDS EMPTY WEIGHT.6
(2) (a) THE WILD HORSE LICENSE PLATE IS ESTABLISHED.7
(b) THE DEPARTMENT SHALL DESIGN THE PLATE IN COOPERATION8
AND CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE TO9
INDICATE THAT THE MOTOR VEHICLE TO WHICH THE PLATE IS ATTACHED10
IS OWNED BY A PERSON THAT SUPPORTS THE HUMAN PRESERVATION OF11
WILD HORSES.12
(3) (a) A PERSON MAY APPLY FOR A WILD HORSE LICENSE PLATE IF13
THE PERSON PAYS THE TAXES AND FEES REQUIRED IN THIS SECTION AND14
MAKES A DONATION OF FIFTY DOLLARS TO THE WILD HORSE FUND ,15
CREATED IN SECTION 35-66-104 FOR USE BY THE WILD HORSE POPULATION16
MANAGEMENT PROGRAM ESTABLISHED IN SECTIONS 35-1-119 AND17
35-66-108.18
(b) TO RENEW A WILD HORSE LICENSE PLATE , THE OWNER MUST19
MAKE AN ANNUAL DONATION OF FIFTY DOLLARS TO THE WILD HORSE20
FUND, CREATED IN SECTION 35-66-104.21
(c) T HE AUTHORIZED AGENT SHALL COLLECT THE DONATION22
REQUIRED IN SUBSECTION (3)(a) OR (3)(b) OF THIS SECTION AND TRANSFER23
THE DONATION TO THE DEPARTMENT OF REVENUE. THE STATE TREASURER24
SHALL CREDIT THE DONATIONS TO THE WILD HORSE FUND , CREATED IN25
SECTION 35-66-104.26
(d) T HE GENERAL ASSEMBLY FINDS AND DECLARES THAT A27
HB26-1306-3-
DONATION RECEIVED UNDER SUBSECTION (3)(a) OR (3)(b) OF THIS SECTION1
IS A CUSTODIAL FUND AND , THEREFORE , IS NOT SUBJECT TO2
APPROPRIATION OR TO SECTION 20 OF ARTICLE X OF THE STATE3
CONSTITUTION.4
(4) THE AMOUNT OF THE TAXES AND FEES FOR A SPECIAL LICENSE5
PLATE REQUIRED UNDER THIS SECTION IS THE SAME AS THE AMOUNT OF6
THE TAXES AND FEES FOR A REGULAR MOTOR VEHICLE LICENSE PLATE ;7
EXCEPT THAT THE DEPARTMENT SHALL COLLECT THE FEE SPECIFIED IN8
SECTION 42-3-312 AND AN ADDITIONAL ONE -TIME FEE OF TWENTY -FIVE9
DOLLARS FOR ISSUANCE OR REPLACEMENT OF THE SPECIAL LICENSE10
PLATES. THE STATE TREASURER SHALL CREDIT THE FEE TO THE HIGHWAY11
USERS TAX FUND CREATED IN SECTION 43-4-201.12
(5) A N APPLICANT MAY APPLY TO THE DEPARTMENT FOR13
PERSONALIZED WILD HORSE LICENSE PLATES . UPON PAYMENT OF THE14
ADDITIONAL FEE REQUIRED BY SECTION 42-3-211 (6)(a) FOR15
PERSONALIZED LICENSE PLATES, THE DEPARTMENT MAY ISSUE THE PLATES16
IF THE APPLICANT COMPLIES WITH SECTION 42-3-211. IF AN APPLICANT17
HAS EXISTING PERSONALIZED LICENSE PLATES FOR A MOTOR VEHICLE, THE18
APPLICANT MAY TRANSFER THE COMBINATION OF LETTERS OR NUMBERS19
TO A NEW SET OF WILD HORSE LICENSE PLATES FOR THE VEHICLE UPON20
PAYING THE FEE REQUIRED BY SECTION 42-3-211 (6)(a) AND UPON21
TURNING IN THE EXISTING PLATES TO THE DEPARTMENT. A PERSON THAT22
HAS OBTAINED PERSONALIZED LICENSE PLATES UNDER THIS SUBSECTION23
(5) MUST PAY THE ANNUAL FEE IMPOSED BY SECTION 42-3-211 (6)(b) TO24
RENEW THE PERSONALIZED PLATES . THE FEES ASSESSED UNDER THIS25
SUBSECTION (5) ARE IN ADDITION TO ALL OTHER APPLICABLE TAXES AND26
FEES.27
HB26-1306-4-
SECTION 4. In Colorado Revised Statutes, amend 42-3-312 as1
follows:2
42-3-312. Special license plate surcharge.3
In addition to any other fee imposed by this article 3, an applicant4
for a special license plate created by rule in accordance with section5
42-3-207, as the section existed when the plate was created, personalized6
plates issued under section 42-3-211, or special license plates issued7
under sections 42-3-212 to 42-3-214, sections 42-3-217 to 42-3-218,8
sections 42-3-221 to 42-3-234 42-3-229, SECTIONS 42-3-231 TO 42-3-234,9
sections 42-3-237 to 42-3-258, sections 42-3-260 to 42-3-265, and10
sections 42-3-267 to 42-3-271 42-3-272 shall pay an issuance fee of11
twenty-five dollars; except that the fee is not imposed on special license12
plates exempted from additional fees for the issuance of a military special13
license plate by section 42-3-213 (1)(b)(II). The department shall transfer14
the money from the fee to the state treasurer, who shall credit it to the15
Colorado DRIVES vehicle services account created in section 42-1-21116
(2).17
SECTION 5. Act subject to petition - effective date. This act18
takes effect at 12:01 a.m. on the day following the expiration of the19
ninety-day period after final adjournment of the general assembly (August20
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a21
referendum petition is filed pursuant to section 1 (3) of article V of the22
state constitution against this act or an item, section, or part of this act23
within such period, then the act, item, section, or part will not take effect24
unless approved by the people at the general election to be held in25
November 2026 and, in such case, will take effect on the date of the26
official declaration of the vote thereon by the governor.27
HB26-1306-5-