C.R.S. § 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 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.

(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 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.

(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 provide. The enterprise shall initiate the public outreach campaign as soon as practicable following October 1, 2026, and shall develop and deliver customer-facing educational materials to county clerks on or before December 1, 2026.