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 im...
SB26-141 creates a new optional $5 “collision prevention fee” that may be charged when a person registers certain motor vehicles in Colorado beginning January 1, 2027. The fee applies to passenger motor vehicles, light-weight trucks, motorcycles, and recreational vehicles, but a registrant may decline to pay it and still complete registration. The bill requires the Department of Transportation’s statewide bridge and tunnel enterprise to work with the Department of Revenue, county clerks, Parks and Wildlife, and other stakeholders to provide clear notice about the fee and to conduct public outreach explaining its purpose and the ability to opt out.
The bill directs 75% of fee revenue to a newly created collision prevention fund and 25% to the wildlife cash fund. The collision prevention fund is continuously appropriated to the bridge and tunnel enterprise for wildlife safe passage projects, matching funds for federal grants, administrative costs, and promotion of the fee. Wildlife safe passage projects include wildlife crossings, related feasibility studies, fencing, signage, animal detection systems, roadkill tracking, and conservation measures needed to keep crossings functional over time. The wildlife cash fund money must be used by Parks and Wildlife for wildlife connectivity and crossing-related conservation efforts. The bill also aligns the existing Keep Colorado Wild Pass opt-out process with the new fee so that drivers must affirmatively decline each year rather than being presumed to have declined in future years.
In state law, the bill expands the statewide bridge enterprise into the statewide bridge and tunnel enterprise and expressly authorizes it to impose this optional fee. It adds new statutory definitions, creates the collision prevention fund, amends the bridge enterprise’s powers and duties, and adds a new registration-fee collection section in Title 43. The bill also includes a legislative declaration stating that the fee is not a tax, is not a registration charge, and does not require voter approval under TABOR because it is framed as an optional fee for a specific service. It further appropriates funds for implementation and makes conforming changes to the Keep Colorado Wild Pass statute.
The general sentiment reflected in the bill text is strongly supportive of the measure. The legislative declaration emphasizes the high number of wildlife-vehicle collisions, the human safety risks, the economic costs, and the effectiveness of wildlife crossings, while also noting broad public support for such projects. The bill presents the fee as a low-cost, voluntary way to fund infrastructure that protects both drivers and wildlife, and it frames the bridge enterprise as a proven delivery mechanism for these projects.
The main point of contention embedded in the bill is the voluntary nature of the fee and how it is presented to motorists. The bill repeatedly requires explicit notice that nonpayment will not affect registration, and it mandates a clear opt-out process that is separate from the Keep Colorado Wild Pass opt-out. Another likely issue is the bill’s legal characterization of the charge as an optional fee rather than a tax, which is important for constitutional and fiscal-limit purposes. The bill also anticipates coordination concerns among state agencies, county clerks, tribal governments, local governments, and conservation stakeholders over which projects are selected and how the program is implemented.
The bill amends Colorado’s transportation and wildlife statutes to authorize a new optional motor vehicle registration fee and to dedicate the resulting revenue to wildlife crossing and connectivity projects. It expands the statewide bridge enterprise into the statewide bridge and tunnel enterprise, creates the collision prevention fund, and directs a portion of the revenue to the wildlife cash fund for conservation-related work. It also changes the Keep Colorado Wild Pass opt-out structure so registrants must affirmatively decline each year for both optional fees, and it appropriates state funds to implement the new registration and administrative processes.
The bill is presented in a strongly favorable light, with the legislative declaration emphasizing public safety, wildlife protection, economic benefits, and broad voter support for wildlife crossings. The framing suggests bipartisan appeal and a practical funding solution rather than a controversial new charge, especially because the fee is optional and tied to a specific conservation and transportation purpose. No committee transcript or vote record was provided, so there is no recorded opposition or amendment debate in the supplied materials.
The most notable contention concerns the fee’s structure and legal framing: it is optional, but it is collected through vehicle registration and must be clearly distinguished from mandatory charges and from the Keep Colorado Wild Pass. The bill also addresses potential dispute over whether the charge is a tax or a fee by expressly stating it is not a tax and does not require voter approval. A further area of sensitivity is implementation, including coordination among the Department of Revenue, county clerks, the bridge enterprise, Parks and Wildlife, tribal governments, local governments, and other stakeholders in selecting projects and communicating the opt-out process.