Wildlife Collision Prevention

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0254.02 Rebecca Bayetti x4348 SENATE BILL 26-141
Senate Committees House Committees
Transportation & Energy
Finance
Appropriations
A BILL FOR AN ACT
CONCERNING OPTIONAL FEES DURING MOTOR VEHICLE REGISTRATION101
THAT PRIMARILY SUPPORT WILDLIFE PROJECTS , AND , IN102
CONNECTION THEREWITH, USING THE PROCEEDS OF A NEWLY103
CREATED OPTIONAL FEE TO CONSTRUCT WILDLIFE CROSSINGS104
AND OTHER TRANSPORTATION IMPROVEMENTS AND MAKING AN105
APPROPRIATION.106
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.)
Beginning on January 1, 2027, the bill authorizes an optional
SENATE
3rd Reading Unamended
April 13, 2026
SENATE
Amended 2nd Reading
April 10, 2026
SENATE SPONSORSHIP
Roberts and Simpson, Catlin, Cutter, Danielson, Friz ell, Hinrichsen, Jodeh, Kipp,
Lindstedt, Liston, Mullica, Snyder, Wallace, Amabile, Ball, Benavidez, Coleman, Daugherty,
Exum, Kolker, Marchman, Weissman
HOUSE SPONSORSHIP
McCluskie and Taggart, Boesenecker, Lukens, Martinez, McCormick, Paschal, Smith,
Stewart K., Stewart R., Titone, Velasco
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.
collision prevention fee (fee), which is collected at the time of registration
of a passenger motor vehicle, a light-weight truck, a motorcycle, or a
recreational vehicle (motor vehicle). An individual may decline to pay the
fee when registering a motor vehicle, and nonpayment of the fee does not
affect the individual's ability to register the motor vehicle. In connection
with imposing the fee, the statewide bridge and tunnel enterprise
(enterprise) within the department of transportation (department) is
required to:
! Collaborate with the department of revenue to develop
language to notify individuals about the fee, including
explicit language regarding the ability to decline to pay the
fee and the fact that nonpayment of the fee will not affect
an individual's ability to register a motor vehicle; and
! Collaborate with the department of revenue, the
department, county clerks, the division of parks and
wildlife, and other impacted stakeholders to conduct a
public outreach campaign to educate the public about the
fee and what benefits the fee will provide.
The fee amount is set at $5 and, beginning in state fiscal year 2028-29,
the enterprise is allowed to adjust this fee amount upward for inflation.
Seventy-five percent of the revenue from the fee is credited to the
newly created collision prevention fund (fund), which is continuously
appropriated to the enterprise for use in the following ways:
! To fund wildlife safe passage projects, defined as one or
more projects that reduce wildlife-vehicle collisions and
improve habitat connectivity by providing wildlife road
crossings;
! To provide matching money as required by federal grant
programs relating to wildlife safe passage projects;
! For administrative and personnel expenses related to those
purposes; and
! To promote the fee and fund to maximize participation in
the optional fee, in collaboration with the department of
revenue, impacted stakeholders, and interested
organizations.
In determining which wildlife safe passage projects the enterprise will
undertake, the enterprise is required to:
! Consult with the division of parks and wildlife (division)
and the Colorado wildlife and transportation alliance;
! Consult with the tribal government if the project is on or
adjacent to tribal land;
! 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;
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! Consider studies concerning the prioritization of wildlife
within the state;
! Consider whether the wildlife safe passage project is
related to a bridge or tunnel project undertaken by the
enterprise; and
! In consultation with the division, 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.
Twenty-five percent of the revenue from the fee is credited to the
wildlife cash fund and continuously appropriated to the division of parks
and wildlife to provide services related to wildlife connectivity and
wildlife crossing-related conservation efforts.
The bill also modifies the process for the keep Colorado wild pass
fee, which is also an optional fee paid at the time an individual registers
a motor vehicle, to align with the process for the collision prevention fee
by removing the presumption that an individual who declines to pay the
keep Colorado wild pass fee is presumed to decline to pay that fee in
subsequent years with respect to registration of the same motor vehicle.
With this change, an individual must affirmatively opt out of the payment
of both the keep Colorado wild pass fee and the collision prevention fee
each year that the individual registers the motor vehicle.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Between 2010 and 2024, the Colorado department of4
transportation reported over 54,189 wildlife-vehicle collisions, resulting5
in 48 human fatalities and 5,152 injuries to drivers and passengers.6
Furthermore, according to estimates from the department, crashes with7
wildlife are underreported by as much as two-thirds. In 2024,8
approximately 7,500 animals were killed on roads across Colorado,9
according to roadkill data from the department, with over half of those10
carcasses being mule deer.11
(b) Colorado boasts the largest Rocky Mountain elk herd in the12
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world and is also home to significant populations of other iconic big game1
species, such as mule deer, bighorn sheep, pronghorn, and moose, as well2
as numerous other native wildlife species cherished by residents and3
tourists alike;4
(c) Core habitats connected by intact wildlife corridors are vital5
to ensuring that Colorado's wildlife populations continue to thrive.6
Protecting wildlife corridors has been shown to improve the vitality of7
herds that are critical to Colo rado's $65.8 billion outdoor recreation8
economy.9
(d) According to research from 2023, Colorado has the highest10
average annual costs associated with wildlife-vehicle collisions of any11
state in the west, paying approximately $321 million, adjusted to 202512
dollars, each year in property damage, emergency response, and other13
costs from large wildlife collisions. This economic impact also includes14
an estimated $25 million in lost valu e to the state fo r the thousands of15
wildlife that perish in these collisions.16
(e) The division of parks and wildlife estimates that 2% of17
Colorado's western slope mule deer does are killed by collisions with18
motor vehicles every year, based on collared mule deer studies. Because19
many herds are below population objectives, this results in more doe deer20
being killed by cars in some herds than can be legally harvested by21
hunters and the state, which results in missing the broader economic and22
social benefits that hunting provides.23
(f) Wildlife crossing structures built within important wildlife24
corridors are highly effective at reducing wildlife-vehicle collisions,25
thereby increasing public safety, reducing the high costs associated with26
these accidents, and improving habitat connectivity. For example, the27
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2016 Colorado State Highway 9 mitigation project reduced collisions1
between motor vehicles and wildlife by 92% in the 5 years after its2
construction. Additionally, the project significantly improved the ability3
of wildlife, including deer, elk, pronghorn, bighorn sheep, black bears,4
mountain lions, bobcats, and coyotes, to safely cross the road.5
(g) Building safe passages for wildlife and drivers alike is a6
bipartisan, win-win proposition that is incredibly popular in the7
Centennial State. According to the 2024 Colorado College's State of the8
Rockies Project Conservation in the West poll, a remarkable 87% of9
Colorado voters support "constructing wildlife crossing structures across10
major highways that intersect with known migration routes."11
(h) There are currently 75 successful wildlife crossing projects12
across Colorado. Still, the state, through the governor's office, the13
department of transportation, the department of natural resources, and the14
Colorado wildlife and transportation alliance, has identified many more15
priority areas in need of mitigation measures that lack the necessary16
funding to advance through design and construction. Funding for proper17
maintenance, conservation of land to maintain desired wildlife movement18
and access to crossing structures, and monitoring of Colorado's existing19
wildlife infrastructure investment also needs to be addressed.20
(i) Over the past 5 years, Colorado has been uniquely successful21
in leveraging federal funding opportunities, including the Wildlife22
Crossings Pilot Program and numerous other United States department of23
transportation programs, to complete priority projects. The creation of the24
Colorado Wildlife Safe Passages Fund in Senate Bill 22-151, which, to25
date, has spent all of the one-time general fund appropriations it has26
received, allowed the Colorado department of transportation to unlock27
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approximately 4 federal dollars for every one state dollar invested in1
life-saving crossing structures.2
(j) Accordingly, it is in the best interest of the state and all3
Coloradans to generate additional funding for eligible projects, including4
targeted transportation system infrastructure improvements, land5
conservation to ensure the functionality of wildlife crossings, and other6
data-driven strategies that will reduce the number of wildlife-vehicle7
collisions, thereby saving lives, preventing injuries, avoiding property8
damage, reducing traffic on our congested roads, and facilitating healthy9
wildlife migration and movement; and10
(k) Adding a nonmandatory $5 fee is a low-cost way to fund11
wildlife crossing infrastructure that saves both animal and human lives by12
reducing collisions. It also strengthens long-term habitat connectivity13
across the state, protecting Colorado's iconic wildlife while improving14
safety for drivers.15
(2) The general assembly further finds and declares that:16
(a) Since its inception in 2009, the statewide bridge and tunnel17
enterprise within the Colorado department of transportation has18
successfully financed, designed, and delivered critical bridge19
infrastructure projects across the state on time and within budget,20
demonstrating efficiency, accountability, and technical expertise;21
(b) Prior to the creation of the statewide bridge and tunnel22
enterprise, the percentage of poor-rated bridge deck area on the national23
highway system in Colorado was encroaching on 10%, the maximum24
federal performance threshold before a state faces funding penalties. In25
2025, this metric was down to 4%. This success argues for continued26
investment through the bridge and tunnel enterprise.27
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(c) The enterprise model has proven to be effective at accelerating1
project delivery through innovative financing mechanisms and dedicated2
revenue streams, resulting in the timely completion of complex surface3
transportation structures that enhance safety and mobility for Colorado4
residents;5
(d) Wildlife crossing structures, including overpasses and6
underpasses, are engineered similarly to bridge structures, requiring7
similar design, construction, maintenance, and project management8
expertise as traditional vehicular bridge infrastructure;9
(e) Wildlife overpass structures are engineered using the same10
structural systems, load-bearing principles, geotechnical analysis, and11
materials standards applicable to traditional highway bridges, including12
foundations, abutments, retaining walls, drainage systems, and long-term13
maintenance requirements;14
(f) Like conventional bridges, wildlife crossing overpasses must15
meet rigorous safety and durability standards and are subject to16
inspections, lifecycle asset management practices, and rehabilitation17
practices to ensure structural integrity over time;18
(g) Expanding the authority of the statewide bridge and tunnel19
enterprise to include the delivery of wildlife crossing projects would20
leverage existing institutional knowledge and program management21
efficiencies to address wildlife-vehicle collisions and improve roadway22
safety without creating duplicative administrative structures; and23
(h) Authorizing the statewide bridge and tunnel enterprise to24
deliver wildlife crossing projects would promote cost-effective25
infrastructure development, enhance public safety, protect Colorado's26
natural resources, and further the state's longstanding commitment to27
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innovative transportation solutions.1
SECTION 2. In Colorado Revised Statutes, 43-4-803, add (30)2
and (31) as follows:3
43-4-803. Definitions.4
As used in this part 8, unless the context otherwise requires:5
(30) "W ILDLIFE" HAS THE MEANING SET FORTH IN SECTION6
33-1-102 (51).7
(31) "W ILDLIFE SAFE PASSAGE PROJECT " MEANS ONE OR MORE8
PROJECTS THAT REDUCE WILDLIFE -VEHICLE COLLISIONS AND IMPROVE9
HABITAT CONNECTIVITY BY PROVIDING WILDLIFE ROAD CROSSINGS ,10
INCLUDING:11
(a) P ROJECTS IDENTIFIED ON THE DEPARTMENT 'S TEN -YEAR12
PRIORITY PIPELINE PROJECTS LIST WITH WILDLIFE PASSAGE COMPONENTS13
OR OTHER WILDLIFE PASSAGE OPPORTUNITIES IDENTIFIED BY THE14
DEPARTMENT, THE DIVISION OF PARKS AND WILDLIFE IN THE DEPARTMENT15
OF NATURAL RESOURCES CREATED IN SECTION 33-9-104 (1), THE16
COLORADO WILDLIFE AND TRANSPORTATION ALLIANCE ESTABLISHED IN17
2018, ANY BOARD OF COUNTY COMMISSIONERS , OR ANY TRIBAL18
GOVERNMENT;19
(b) COSTS RELATED TO PROJECT FEASIBILITY STUDIES, PLANNING,20
CONSTRUCTION, RETROFITTING, AND MAINTENANCE OF WILDLIFE ROAD21
CROSSING INFRASTRUCTURE; ROADKILL TRACKING AND STUDIES; ANIMAL22
DETECTION SYSTEMS; SIGNAGE; EXCLUSIONARY FENCING; AND WILDLIFE23
JUMP OUTS; AND24
(c) COSTS ASSOCIATED WITH CONSERVATION EFFORTS NECESSARY25
TO ENSURE THE CONTINUED FUNCTIONALITY OF WILDLIFE ROAD CROSSING26
INFRASTRUCTURE FOR THE DURATION OF ITS PLANNED STRUCTURE LIFE.27
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SECTION 3. In Colorado Revised Statutes, 43-4-805, amend1
(1)(a), (1)(b) introductory portion, (1)(b)(I), (2)(a)(I), (2)(b) introductory2
portion, (2)(c), (3)(a), and (4); and add (1)(b)(III), (2)(b)(I.5), (2)(d),3
(3.5), and (5)(g.9) as follows:4
43-4-805. Statewide bridge enterprise - creation - board -5
funds - powers and duties - legislative declaration - definitions.6
(1) The general assembly hereby finds and declares that:7
(a) The completion of designated bridge projects, preventative8
maintenance bridge projects, WILDLIFE SAFE PASSAGE PROJECTS , and9
tunnel projects is essential to address increasing traffic congestion and10
delays, hazards, injuries, and fatalities;11
(b) Due to the limited availability of state and federal funding and12
the need to accomplish, AS PROMPTLY AND EFFICIENTLY AS POSSIBLE, the13
financing, repair, reconstruction, and replacement of designated bridges;14
the completion of preventative maintenance bridge projects; and the15
completion of tunnel projects, as promptly and efficiently as possible, ALL16
OF WHICH CAN ENCOMPASS WILDLIFE SAFE PASSAGE PROJECTS , it is17
necessary to create a statewide bridge and tunnel enterprise and to18
authorize the enterprise to:19
(I) Enter into agreements with the commission or the department20
to finance, repair, reconstruct, and replace designated bridges, complete21
preventative maintenance bridge projects, COMPLETE WILDLIFE SAFE22
PASSAGE PROJECTS, and complete tunnel projects in the state; and23
(III) I MPOSE AN OPTIONAL COLLISION PREVENTION FEE AS24
AUTHORIZED BY SUBSECTION (5)(g.9) OF THIS SECTION; AND25
(2) (a) (I) The scope of the existing statewide bridge enterprise26
created in this subsection (2)(a)(I) in 2009 is hereby expanded to include27
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designated bridge projects, preventative maintenance bridge projects,1
WILDLIFE SAFE PASSAGE PROJECTS , and surface transportation2
infrastructure projects for tunnels, and the name of the expanded3
enterprise is the statewide bridge and tunnel enterprise. The bridge4
enterprise is and operates as a government-owned business within the5
department. The commission shall serve as the bridge enterprise board6
and shall, with the consent of the executive director, appoint a bridge7
enterprise director who shall possess such qualifications as may be8
established by the commission and the state personnel board. The bridge9
enterprise director shall oversee the discharge of all responsibilities of the10
bridge enterprise and shall serve at the pleasure of the bridge enterprise11
board.12
(b) The business purpose of the bridge enterprise is to finance,13
repair, reconstruct, and replace any designated bridge in the state,14
complete preventative maintenance bridge projects, COMPLETE WILDLIFE15
SAFE PASSAGE PROJECTS , and complete tunnel projects and, as agreed16
upon by the enterprise and the commission, or the department to the17
extent authorized by the commission, to maintain the bridges it finances,18
repairs, reconstructs, and replaces. To allow the bridge enterprise to19
accomplish this purpose and fully exercise its powers and duties through20
the bridge enterprise board, the bridge enterprise may:21
(I.5) I MPOSE AN OPTIONAL COLLISION PREVENTION FEE , AS22
AUTHORIZED BY SUBSECTION (5)(g.9) OF THIS SECTION AND COLLECTED23
AS DESCRIBED IN SECTION 43-4-815;24
(c) The bridge enterprise constitutes an enterprise for purposes of25
section 20 of article X of the state constitution so long as it retains the26
authority to issue revenue bonds and receives less than ten percent of its27
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total revenues in grants from all Colorado state and local governments1
combined. So long as it constitutes an enterprise pursuant to this2
subsection (2)(c), the bridge enterprise shall not be subject to any3
provisions of section 20 of article X of the state constitution. Consistent4
with the determination of the Colorado supreme court in Nicholl v. E-4705
Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to6
impose taxes is inconsistent with "enterprise" status under section 20 of7
article X of the state constitution, the general assembly finds and declares8
that a bridge safety surcharge, a bridge and tunnel impact fee, or a bridge9
and tunnel retail delivery fee imposed by the bridge enterprise as10
authorized by subsection (5)(g), (5)(g.5), or (5)(g.7) of this section is not11
a tax but is instead a fee imposed by the bridge enterprise to defray the12
cost of completing designated bridge projects, preventative maintenance13
bridge projects, and tunnel projects that the enterprise provides as a14
specific service to the persons upon whom the fee is imposed and at rates15
reasonably calculated based on the benefits received by such persons. IN16
ADDITION, THE GENERAL ASSEMBLY FINDS AND DECLARES THAT THE17
OPTIONAL COLLISION PREVENTION FEE IMPOSED BY THE BRIDGE18
ENTERPRISE AS AUTHORIZED BY SUBSECTION (5)(g.9) OF THIS SECTION19
AND COLLECTED AS DESCRIBED IN SECTION 43-4-815 IS NOT A TAX BUT IS20
INSTEAD A FEE IMPOSED BY THE ENTERPRISE TO DEFRAY THE COST OF21
COMPLETING WILDLIFE SAFE PASSAGE PROJECTS THAT THE ENTERPRISE22
PROVIDES AS A SERVICE TO THE PERSONS UPON WHOM THE FEE IS IMPOSED23
AND AT RATES REASONABLY CALCULATED BASED ON THE BENEFITS24
RECEIVED BY THOSE PERSONS.25
(d) THE BRIDGE ENTERPRISE 'S ABILITY TO IMPOSE AN OPTIONAL26
COLLISION PREVENTION FEE AND USE REVENUE FROM THAT FEE TO27
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COMPLETE WILDLIFE SAFE PASSAGE PROJECTS , IN CONNECTION WITH1
BRIDGE AND TUNNEL PROJECTS , DOES NOT CONSTITUTE CREATION OF A2
NEW ENTERPRISE OR THE QUALIFICATION OF AN EXISTING3
GOVERNMENT-OWNED BUSINESS AS AN ENTERPRISE FOR PURPOSES OF4
SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION , SECTION5
24-77-103.6 (6)(b)(II), OR SECTION 24-77-108 AND , THEREFORE , DOES6
NOT REQUIRE OR AUTHORIZE ADJUSTMENT OF THE STATE FISCAL YEAR7
SPENDING LIMIT CALCULATED PURSUANT TO SECTION 20 OF ARTICLE X OF8
THE STATE CONSTITUTION OR THE EXCESS STATE REVENUES CAP , AS9
DEFINED IN SECTION 24-77-103.6 (6)(b)(I), AND DOES NOT REQUIRE VOTER10
APPROVAL.11
(3) (a) The statewide bridge and tunnel enterprise special revenue12
fund, referred to in this part 8 as the "bridge special fund", is hereby13
created in the state treasury. E XCEPT AS OTHERWISE PROVIDED IN14
SUBSECTION (3.5) OF THIS SECTION , all revenue received by the bridge15
enterprise, including, but not limited to, revenue from a bridge safety16
surcharge imposed as authorized by subsection (5)(g) of this section,17
revenue from a bridge and tunnel impact fee imposed as authorized by18
subsection (5)(g.5) of this section, revenue from a bridge and tunnel retail19
delivery fee imposed as authorized by subsection (5)(g.7) of this section,20
and any money loaned to the enterprise by the state pursuant to subsection21
(5)(r) of this section, shall be deposited into the bridge special fund. The22
bridge enterprise board may establish separate accounts within the bridge23
special fund as needed in connection with any specific designated bridge24
project, preventative maintenance bridge project, or tunnel project. The25
bridge enterprise also may deposit or permit others to deposit other money26
into the bridge special fund, but in no event may revenue from any tax27
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otherwise available for general purposes be deposited into the bridge1
special fund. The state treasurer, after consulting with the bridge2
enterprise board, shall invest any money in the bridge special fund,3
including any surplus or reserves, but excluding any proceeds from the4
sale of bonds or earnings on such proceeds invested pursuant to section5
43-4-807 (2), that are not needed for immediate use. Such money may be6
invested in the types of investments authorized in sections 24-36-109,7
24-36-112, and 24-36-113.8
(3.5) (a) T HE COLLISION PREVENTION FUND IS CREATED IN THE9
STATE TREASURY. THE FUND CONSISTS OF REVENUE FROM THE OPTIONAL10
COLLISION PREVENTION FEE THAT IS IMPOSED BY THE BRIDGE ENTERPRISE11
PURSUANT TO SUBSECTION (5)(g.9) OF THIS SECTION AND COLLECTED AS12
DESCRIBED IN SECTION 43-4-815. THE BRIDGE ENTERPRISE ALSO MAY13
DEPOSIT OR PERMIT OTHER ENTITIES TO DEPOSIT OTHER MONEY INTO THE14
COLLISION PREVENTION FUND, INCLUDING ANY MONEY LOANED TO THE15
BRIDGE ENTERPRISE BY THE STATE PURSUANT TO SUBSECTION (4)(a) OF16
THIS SECTION. THE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED17
TO THE BRIDGE ENTERPRISE. THE STATE TREASURER, AFTER CONSULTING18
WITH THE BRIDGE ENTERPRISE BOARD, SHALL INVEST ANY MONEY IN THE19
COLLISION PREVENTION FUND THAT IS NOT NEEDED FOR IMMEDIATE USE.20
THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED21
FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE COLLISION22
PREVENTION FUND TO THE COLLISION PREVENTION FUND.23
(b) T HE BRIDGE ENTERPRISE SHALL USE THE MONEY IN THE24
COLLISION PREVENTION FUND:25
(I) TO FUND WILDLIFE SAFE PASSAGE PROJECTS, INCLUDING REPAIR26
AND MAINTENANCE COSTS;27
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(II) T O PROVIDE MATCHING MONEY AS REQUIRED BY FEDERAL1
GRANT PROGRAMS RELATING TO WILDLIFE SAFE PASSAGE PROJECTS; 2
(III) FOR ADMINISTRATIVE AND PERSONNEL EXPENSES RELATED TO3
THE PURPOSES OF THE FUND AS SET FORTH IN THIS SUBSECTION (3.5);4
(IV) TO PROMOTE THE OPTIONAL COLLISION PREVENTION FEE AND5
FUND TO MAXIMIZE PARTICIPATION IN THE OPTIONAL FEE , IN6
COLLABORATION WITH THE DEPARTMENT OF REVENUE , IMPACTED7
STAKEHOLDERS, AND INTERESTED ORGANIZATIONS; AND8
(V) T O REIMBURSE THE STATE FOR THE AMOUNT OF ANY LOAN9
FROM THE STATE HIGHWAY FUND OR ANY INTEREST THEREON , AS10
PROVIDED IN SUBSECTION (4) OF THIS SECTION.11
(c) IN DETERMINING WHICH WILDLIFE SAFE PASSAGE PROJECTS THE12
BRIDGE ENTERPRISE WILL UNDERTAKE, THE ENTERPRISE SHALL:13
(I) CONSULT WITH THE DEPARTMENT, THE DIVISION OF PARKS AND14
WILDLIFE IN THE DEPARTMENT OF NATURAL RESOURCES , CREATED IN15
SECTION 33-9-104 (1), AND THE COLORADO WILDLIFE AND16
TRANSPORTATION ALLIANCE, ESTABLISHED IN 2018;17
(II) CONSULT WITH THE TRIBAL GOVERNMENT, IF THE PROPOSED18
PROJECT IS ON OR ADJACENT TO TRIBAL LAND;19
(III) C ONSULT WITH RELEVANT LOCAL GOVERNMENTS WITH20
JURISDICTION OVER THE AREA OF THE PROPOSED PROJECT AND ANY21
RELEVANT LOCAL ORGANIZATIONS ENGAGING IN WORK TO REDUCE22
VEHICLE COLLISIONS;23
(IV) C ONSIDER STUDIES CONCERNING THE PRIORITIZATION OF24
WILDLIFE WITHIN THE STATE;25
(V) CONSIDER WHETHER THE WILDLIFE SAFE PASSAGE PROJECT IS26
RELATED TO A BRIDGE OR TUNNEL PROJECT UNDERTAKEN BY THE BRIDGE27
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ENTERPRISE; AND1
(VI) I N CONSULTATION WITH THE DIVISION OF PARKS AND2
WILDLIFE IN THE DEPARTMENT OF NATURAL RESOURCES , CONSIDER3
OPPORTUNITIES FOR LANDOWNER AGREEMENTS OR ADDITIONAL4
CONSERVATION EFFORTS THAT MAY BE NECESSARY TO ENSURE THE5
CONTINUED FUNCTIONALITY OF INFRASTRUCTURE ASSOCIATED WITH A6
PROPOSED WILDLIFE SAFE PASSAGE PROJECT FOR THE DURATION OF ITS7
PLANNED STRUCTURAL LIFE.8
(d) I N UNDERTAKING WILDLIFE SAFE PASSAGE PROJECTS USING9
MONEY FROM THE FUND , THE ENTERPRISE SHALL FOLLOW APPLICABLE10
PROVISIONS IN SECTION 24-103-908, INCLUDING THE PREFERENCE FOR11
RESIDENT BIDDERS SET FORTH IN SECTION 24-103-908 (2).12
(4) (a) The commission may transfer money from the state13
highway fund created in section 43-1-219 to the bridge enterprise for the14
purpose of defraying expenses incurred by the enterprise prior to the15
receipt of bond proceeds or revenue by the enterprise. The bridge16
enterprise may accept and expend any money so transferred, and,17
notwithstanding any state fiscal rule or generally accepted accounting18
principle that could otherwise be interpreted to require a contrary19
conclusion, such a transfer shall constitute a loan from the commission to20
the bridge enterprise and shall not be considered a grant for purposes of21
section 20 (2)(d) of article X of the state constitution. As the bridge22
enterprise receives sufficient revenues in excess of expenses, the23
enterprise shall reimburse the state highway fund for the principal amount24
of any loan from th e state highway fund made by the commission plus25
interest at a rate set by the commission.26
(b) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(b)(II)27
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OF THIS SECTION, any money loaned from the state highway fund to the1
bridge enterprise pursuant to this section shall SUBSECTION (4) MUST be2
deposited into a f und to be known as the statewide bridge and tunnel3
enterprise operating fund, which fund is hereby created, and shall MUST4
not be deposited into the bridge special fund. Money from the bridge5
special fund may, however, be used to reimburse the state highway fund6
for the amount of any loan from the state highway fund or any interest7
thereon.8
(II) ANY MONEY LOANED FROM THE STATE HIGHWAY FUND TO THE9
BRIDGE ENTERPRISE PURSUANT TO THIS SUBSECTION (4) FOR THE PURPOSE10
OF DEFRAYING EXPENSES INCURRED BY THE ENTERPRISE IN CONNECTION11
WITH THE COLLISION PREVENTION FUND OR FEE , INCLUDING MONEY FOR12
CONDUCTING THE PUBLIC OUTREACH CAMPAIGN TO EDUCATE THE PUBLIC13
ABOUT THE OPTIONAL COLLISION PREVENTION FEE PURSUANT TO SECTION14
43-4-815 (4)(c) OR FOR DEVELOPING LANGUAGE TO NOTIFY INDIVIDUALS15
ABOUT THE OPTIONAL COLLISION PREVENTION FEE PURSUANT TO SECTION16
43-4-815 (4)(b), PRIOR TO THE RECEIPT OF FEE REVENUE BY THE17
ENTERPRISE FROM THE COLLISION PREVENTION FEE MUST BE DEPOSITED18
INTO THE COLLISION PREVENTION FUND CREATED IN SUBSECTION (3.5) OF19
THIS SECTION OR TO AN ACCOUNT WITHIN THE FUND . LOAN LIABILITIES20
THAT ARE RECORDED IN THE COLLISION PREVENTION FUND BUT THAT ARE21
NOT REQUIRED TO BE PAID IN THE CURRENT FISCAL YEAR MUST NOT BE22
CONSIDERED WHEN CALCULATING SUFFICIENT STATUTORY FUND BALANCE23
FOR PURPOSES OF SECTION 24-75-109. MONEY FROM THE COLLISION24
PREVENTION FUND MAY BE USED TO REIMBURSE THE STATE HIGHWAY25
FUND FOR THE AMOUNT OF ANY LOAN FROM THE STATE HIGHWAY FUND OR26
ANY INTEREST THEREON.27
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(5) In addition to any other powers and duties specified in this1
section, the bridge enterprise board has the following powers and duties:2
(g.9) (a) IN FURTHERANCE OF ITS BUSINESS PURPOSE, BEGINNING3
ON JANUARY 1, 2027, THE BRIDGE ENTERPRISE IS AUTHORIZED TO IMPOSE4
AN OPTIONAL COLLISION PREVENTION FEE IN THE AMOUNT OF FIVE5
DOLLARS, WHICH IS COLLECTED AS DESCRIBED IN SECTION 43-4-815.6
(b) BEGINNING ON JULY 1, 2028, AND ON JULY 1 OF EACH YEAR7
THEREAFTER, THE BRIDGE ENTERPRISE BOARD MAY ADJUST THE FEE8
AMOUNT UPWARD FOR INFLATION BASED ON THE ANNUAL PERCENTAGE9
CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF10
LABOR STATISTICS CONSUMER PRICE INDEX FOR11
DENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL URBAN12
CONSUMERS, OR ITS APPLICABLE PREDECESSOR OR SUCCESSOR INDEX.13
SECTION 4. In Colorado Revised Statutes, add 43-4-815 as14
follows:15
43-4-815. Optional collision prevention fee - assess with16
vehicle registration - option to decline to pay - legislative declaration17
- definitions.18
(1) Legislative declaration. THE GENERAL ASSEMBLY:19
(a) FINDS AND DETERMINES THAT:20
(I) I T IS IN THE BEST INTEREST OF THE STATE AND ALL21
COLORADANS TO GENERATE FUNDING FOR WILDLIFE CROSSINGS AND22
RELATED PROJECTS , INCLUDING TARGETED TRANSPORTATION SYSTEM23
INFRASTRUCTURE IMPROVEMENTS, LAND CONSERVATION TO ENSURE THE24
FUNCTIONALITY OF WILDLIFE CROSSINGS , AND OTHER DATA -DRIVEN25
STRATEGIES THAT WILL REDUCE THE NUMBER OF WILDLIFE -VEHICLE26
COLLISIONS, THEREBY SAVING LIVES , PREVENTING INJURIES , AVOIDING27
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PROPERTY DAMAGE , REDUCING TRAFFIC , AND FACILITATING HEALTHY1
WILDLIFE MIGRATION AND MOVEMENT; AND2
(II) THE GOALS AND OBJECTIVES IDENTIFIED IN THIS SUBSECTION3
(1) AND IN SECTION 43-4-805 CAN ONLY BE ACCOMPLISHED THROUGH4
IMPLEMENTATION OF AN OPTIONAL FEE STRUCTURE THAT PROVIDES5
CONSISTENT, RELIABLE FINANCIAL CONTRIBUTIONS; AND6
(b) DECLARES THAT:7
(I) THE OPTIONAL COLLISION PREVENTION FEE IS NOT INTENDED AS8
A REGISTRATION FEE OR OTHER CHARGE WITH RESPECT TO THE OPERATION9
OF ANY MOTOR VEHICLE UPON ANY PUBLIC HIGHWAY IN THE STATE;10
(II) THE COLLECTION OF THE OPTIONAL COLLISION PREVENTION11
FEE WITH AN ANNUAL MOTOR VEHICLE REGISTRATION IS INTENDED TO12
CREATE AN ADMINISTRATIVE CONVENIENCE; AND13
(III) A N INDIVIDUAL 'S CHOICE NOT TO PAY THE OPTIONAL14
COLLISION PREVENTION FEE IS NOT INTENDED TO AFFECT THE INDIVIDUAL'S15
ABILITY TO REGISTER THE INDIVIDUAL'S MOTOR VEHICLE.16
(2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT17
OTHERWISE REQUIRES:18
(a) "C OLLISION PREVENTION FUND " MEANS THE COLLISION19
PREVENTION FUND CREATED IN SECTION 43-4-805 (3.5).20
(b) "D IVISION OF MOTOR VEHICLES " MEANS THE DIVISION OF21
MOTOR VEHICLES IN THE DEPARTMENT OF REVENUE.22
(c) "D IVISION OF PARKS AND WILDLIFE " HAS THE MEANING SET23
FORTH IN SECTION 33-1-102 (10).24
(d) "KEEP COLORADO WILD PASS" MEANS THE KEEP COLORADO25
WILD PASS CREATED IN SECTION 33-12-108.26
(e) "LIGHT-WEIGHT TRUCK" MEANS A TRUCK WITH A DECLARED27
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EMPTY VEHICLE WEIGHT OF LESS THAN OR EQUAL TO SIXTEEN THOUSAND1
POUNDS.2
(f) "M OTORCYCLE" HAS THE MEANING SET FORTH IN SECTION3
42-1-102 (55).4
(g) "MOTOR VEHICLE" HAS THE MEANING SET FORTH IN SECTION5
42-1-102 (58).6
(h) "R ECREATIONAL VEHICLE " HAS THE SAME MEANING AS7
"NONCOMMERCIAL OR RECREATIONAL VEHICLE" AS SET FORTH IN SECTION8
42-1-102 (61).9
(i) "REGISTRATION" REFERS TO THE REGISTRATION OF A VEHICLE10
WITH THE DEPARTMENT OF REVENUE, AS REQUIRED BY SECTION 42-3-103.11
(j) "TRUCK" HAS THE MEANING SET FORTH IN SECTION 42-1-10212
(108).13
(k) "W ILDLIFE CASH FUND " MEANS THE WILDLIFE CASH FUND14
CREATED IN SECTION 33-1-112 (1)(a).15
(3) (a) IN FURTHERANCE OF ITS BUSINESS PURPOSE AS DESCRIBED16
IN SECTION 43-4-805, BEGINNING ON JANUARY 1, 2027, THE BRIDGE17
ENTERPRISE IS AUTHORIZED TO IMPOSE AN OPTIONAL COLLISION18
PREVENTION FEE TO FUND WILDLIFE SAFE PASSAGE PROJECTS , INCREASE19
ROAD SAFETY , AND SUPPORT WILDLIFE C ONNECTIVITY. THE COLLISION20
PREVENTION FEE IS COLLECTED AS DESCRIBED IN THIS SECTION.21
(b) (I) T HE COLLISION PREVENTION FEE IS COLLECTED BY THE22
DEPARTMENT OF REVENUE OR AN AUTHORIZED AGENT AT THE TIME OF23
REGISTERING A MOTOR VEHICLE THAT IS A PASSENGER MOTOR VEHICLE ,24
LIGHT-WEIGHT TRUCK, MOTORCYCLE, OR RECREATIONAL VEHICLE.25
(II) T HE COLLISION PREVENTION FEE IS COLLECTED BY THE26
DEPARTMENT OF REVENUE OR AN AUTHORIZED AGENT ONLY FOR INITIAL27
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REGISTRATION OR RENEWAL TRANSACTIONS THAT OCCUR IN AN OFFICE OR1
ONLINE.2
(III) O NCE AN INDIVIDUAL OPTS TO PAY THE COLLISION3
PREVENTION FEE AND THE FEE IS COLLECTED , THE FEE CANNOT BE4
REFUNDED.5
(c) A N INDIVIDUAL REGISTERING A TYPE OF MOTOR VEHICLE6
LISTED IN SUBSECTION (3)(b) OF THIS SECTION WHO HAS BEEN ASSESSED7
THE COLLISION PREVENTION FEE MAY DECLINE TO PAY THE FEE WHEN8
MAKING PAYMENT DURING THE MOTOR VEHICLE REGISTRATION PROCESS.9
NONPAYMENT OF THE FEE DOES NOT AFFECT AN INDIVIDUAL'S ABILITY TO10
REGISTER A MOTOR VEHICLE.11
(d) (I) THE COLLISION PREVENTION FEE IS ASSESSED WHEN A TYPE12
OF MOTOR VEHICLE LISTED IN SUBSECTION (3)(b) OF THIS SECTION IS13
REGISTERED AS REQUIRED BY ARTICLE 3 OF TITLE 42. EACH AUTHORIZED14
AGENT SHALL REMIT TO THE DEPARTMENT OF REVENUE NO LESS15
FREQUENTLY THAN ONCE A MONTH ALL COLLISION PREVENTION FEES16
COLLECTED BY THE AUTHORIZED AGENT . THE EXECUTIVE DIRECTOR OF17
THE DEPARTMENT OF REVENUE SHALL TRANSMIT ALL COLLISION18
PREVENTION FEES REMITTED BY AUTHORIZED AGENTS PLUS ANY COLLISION19
PREVENTION FEES COLLECTED DIRECTLY BY THE DEPARTMENT OF20
REVENUE, MINUS THE DIRECT AND INDIRECT COSTS FOR THE COLLECTION21
AND TRANSMISSION OF THE FEES AS INCURRED BY THE DEPARTMENT OF22
REVENUE AND ITS AUTHORIZED AGENTS , TO THE STATE TREASURER NO23
LESS FREQUENTLY THAN ONCE A MONTH , AND THE STATE TREASURER24
SHALL CREDIT THE FEES IN ACCORDANCE WITH SUBSECTION (3)(e) OF THIS25
SECTION.26
(II) ANY MONEY THAT THE DEPARTMENT OF REVENUE RECEIVES27
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AND TRANSMITS TO THE STATE TREASURER PURSUANT TO SUBSECTION1
(3)(d)(I) OF THIS SECTION AND THE STATE TREASURER CREDITS TO THE2
COLLISION PREVENTION FUND OR TO THE WILDLIFE CASH FUND:3
(A) I S COLLECTED FOR THE BRIDGE ENTERPRISE , WHICH IS AN4
ENTERPRISE PURSUANT TO SECTION 43-4-805, AND THE DIVISION OF PARKS5
AND WILDLIFE, WHICH IS AN ENTERPRISE PURSUANT TO SECTION 33-9-105; 6
(B) IS CUSTODIAL MONEY INTENDED FOR THE BRIDGE ENTERPRISE7
AND THE DIVISION OF PARKS AND WILDLIFE THAT IS HELD TEMPORARILY8
BY THE DEPARTMENT OF REVENUE AND THE STATE TREASURER SOLELY9
FOR THE PURPOSE OF CREDITING THE MONEY TO THE COLLISION10
PREVENTION FUND AND THE WILDLIFE CASH FUND; AND11
(C) BASED ON THE STATUS OF THE BRIDGE ENTERPRISE AND THE12
DIVISION OF PARKS AND WILDLIFE AS ENTERPRISES , IS NOT SUBJECT TO13
SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION AT ANY TIME14
DURING ITS COLLECTION, TRANSMISSION, OR USE.15
(e) THE STATE TREASURER SHALL CREDIT THE REVENUE FROM THE16
COLLISION PREVENTION FEE THAT THE EXECUTIVE DIRECTOR OF THE17
DEPARTMENT OF REVENUE TRANSMITS PURSUANT TO SUBSECTION (3)(d)18
OF THIS SECTION AS FOLLOWS:19
(I) SEVENTY-FIVE PERCENT OF THE REVENUE TO THE COLLISION20
PREVENTION FUND TO PROVIDE THE SERVICES DESCRIBED IN SECTION21
43-4-805; AND22
(II) T WENTY-FIVE PERCENT OF THE REVENUE TO THE WILDLIFE23
CASH FUND TO PROVIDE SERVICES RELATED TO WILDLIFE CONNECTIVITY24
AND WILDLIFE CROSSING -RELATED CONSERVATION EFFORTS TO FEE25
PAYERS ON BEHALF OF THE BRIDGE ENTERPRISE.26
(4) (a) IN CONSULTATION WITH THE DIVISION, THE DEPARTMENT OF27
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REVENUE, COUNTY CLERKS , AND THE BRIDGE ENTERPRISE SHALL1
DETERMINE THE APPROPRIATE LOCATION IN THE VEHICLE REGISTRATION2
PROCESS FOR THE ABILITY TO OPT OUT OF THE COLLISION PREVENTION FEE.3
THE PROCESS TO OPT OUT OF THE COLLISION PREVENTION FEE MUST BE4
CLEARLY DIFFERENTIATED FROM AND OCCUR AFTER THE ABILITY TO OPT5
OUT OF THE KEEP COLORADO WILD PASS FEES.6
(b) IN COLLABORATION WITH THE DEPARTMENT OF REVENUE AND7
COUNTY CLERKS, THE BRIDGE ENTERPRISE SHALL DEVELOP LANGUAGE TO8
NOTIFY INDIVIDUALS ABOUT THE OPTIONAL COLLISION PREVENTION FEE,9
INCLUDING EXPLICIT LANGUAGE REGARDING THE ABILITY TO DECLINE TO10
PAY THE FEE AND THE FACT THAT NONPAYMENT OF THE FEE WILL NOT11
AFFECT THE INDIVIDUAL'S ABILITY TO REGISTER A MOTOR VEHICLE. THE12
NOTIFICATION LANGUAGE DEVELOPED MUST BE CONSPICUOUSLY PLACED:13
(I) O N A PUBLIC WEBSITE FOR THE BRIDGE ENTERPRISE OR THE14
DEPARTMENT; AND15
(II) ON THE DIVISION OF MOTOR VEHICLES' PUBLIC WEBSITE.16
(c) IN COLLABORATION WITH THE DEPARTMENT OF REVENUE, THE17
DEPARTMENT, COUNTY CLERKS , THE DIVISION OF PARKS AND WILDLIFE ,18
AND OTHER IMPACTED STAKEHOLDERS, THE ENTERPRISE SHALL CONDUCT19
A PUBLIC OUTREACH CAMPAIGN TO EDUCATE THE PUBLIC ABOUT THE20
OPTIONAL COLLISION PREVENTION FEE AND WHAT BENEFITS THE FEE WILL21
PROVIDE. T HE ENTERPRISE SHALL INITIATE THE PUBLIC OUTREACH22
CAMPAIGN AS SOON AS PRACTICABLE FOLLOWING THE EFFECTIVE DATE OF23
THIS SECTION AND SHALL DEVELOP AND DELIVER CUSTOMER -FACING24
EDUCATIONAL MATERIALS TO COUNTY CLERKS ON OR BEFORE DECEMBER25
1, 2026.26
SECTION 5. In Colorado Revised Statutes, 33-1-112, add (1)(d)27
141-22-
as follows:1
33-1-112. Funds - cost accounting - definition.2
(1) (d) THE DIVISION SHALL USE THE MONEY FROM THE OPTIONAL3
COLLISION PREVENTION FEE PAID PURSUANT TO SECTION 43-4-8154
(3)(e)(II) AND DEPOSITED IN THE WILDLIFE CASH FUND FOR WILDLIFE5
CONNECTIVITY AND WILDLIFE CROSSING -RELATED CONSERVATION6
EFFORTS. THE MONEY FROM THE OPTIONAL COLLISION PREVENTION FEE IS7
CONTINUOUSLY APPROPRIATED TO THE DIVISION FOR THE PURPOSES OF8
THIS SUBSECTION (1)(d).9
SECTION 6. In Colorado Revised Statutes, 33-12-108, repeal10
(4)(c)(II) as follows:11
33-12-108. Keep Colorado wild pass - assess with vehicle12
registration - option to decline to pay - rules - short title - legislative13
declaration - definitions.14
(4) (c) (II) If a person declines to pay the pass fee or otherwise15
fails to pay the pass fee, it shall be presumed that the person will decline16
to pay the pass fee in future years in which the person registers the motor17
vehicle, and the division, in collaboration with the division of motor18
vehicles in the department of revenue, shall develop an opt-in provision19
to be displayed on any subsequent notifications sent to the person20
regarding that motor vehicle.21
SECTION 7. Appropriation. (1) For the 2026-27 state fiscal22
year, $53,516 is appropriated to the department of revenue for use by the23
division of motor vehicles. This appropriation is from the DRIVES cash24
fund created in section 42-1-211 (2)(a), C.R.S. To implement this act, the25
division may use this appropriation as follows:26
(a) $39,782 for DRIVES maintenance and support;27
141-23-
(b) $3,403 for use by the division of motor vehicles for personal1
services related to vehicle services;2
(c) $4,715 for use by the executive director's office for personal3
services related to administration and support; and4
(d) $5,616 for payments to OIT.5
(2) For the 2026-27 state fiscal year, $778 is appropriated to the6
department of natural resources for use by the division of parks and7
wildlife. This appropriation is from the parks and outdoor recreation cash8
fund created in section 33-10-111 (1), C.R.S. To implement this act, the9
division may use this appropriation for state park operations.10
(3) For the 2026-27 state fiscal year, $778 is appropriated to the11
department of revenue for use by the division of motor vehicles. This12
appropriation is from reappropriated funds received from the department13
of natural resources under subsection (2) of this section. To implement14
this act, the division may use this appropriation to for DRIVES15
maintenance and support.16
(4) For the 2026-27 state fiscal year, $19,940 is appropriated to17
the department of law. This appropriation is from the legal services cash18
fund created in section 24-31-108 (4), C.R.S., from revenue received19
from the department of transportation that is continuously appropriated20
to the department of transportation from the collision prevention fund21
created in section 43-4-805 (3.5)(a), C.R.S. The appropriation to the22
department of law is based on an assumption that the department of law23
will require an additional 0.1 FTE. To implement this act, the department24
of law may use this appropriation to provide legal services for the25
department of transportation.26
SECTION 8. Act subject to petition - effective date. This act27
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takes effect October 1, 2026; except that, if a referendum petition is filed1
pursuant to section 1 (3) of article V of the state constitution against this2
act or an item, section, or part of this act within the ninety-day period3
after final adjournment of the general assembly, then the act, item,4
section, or part will not take effect unless approved by the people at the5
general election to be held in November 2026 and, in such case, will take6
effect on the date of the official declaration of the vote thereon by the7
governor.8
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