Colorado § 35-66-104 - Wild horse fund - legislative declaration - repeal.

§ 35-66-104. Wild horse fund - legislative declaration - repeal.

(1) (a) The general assembly finds and declares that any money received under this article 66 from the federal government or from gifts, grants, or donations is custodial funds and, therefore, is not subject to appropriation.

(b) The wild horse fund is created in the state treasury. The fund consists of gifts, grants, and donations; payments from the federal government in connection with assisting in the management of wild horses; and any other money that the general assembly may appropriate or transfer to the fund.

(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 state money in the fund is subject to the transfers described in section 42-3-272 (4)(b)(II).

(B) This subsection (2)(a)(II) is repealed, effective July 1, 2028.

(b) (I) State money in the fund is continuously appropriated to the department to implement and administer section 35-1-119 and this article 66.

(II) Repealed.

(3) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(4) The department may seek and accept gifts, grants, or donations from private or public sources for the purposes of section 35-1-119 and this article 66. The state treasurer shall credit the gift, grant, or donation to the fund.

(5) Repealed.

(6) (a) The wild horse license plate account is created in the wild horse fund. The state treasurer shall credit 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 treasurer 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 state 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(d) This subsection (6) is repealed, effective July 1, 2028.

Source: L. 2023: Entire article added, (SB 23-275), ch. 226, p. 1172, § 2, effective May 20. L. 2025: (1)(b) and (4) amended and (2)(b)(II) repealed, (HB 25-1283), ch. 225, p. 1029, § 5, effective August 6. L. 2026: (2)(a) amended and (6) added, (HB 26-1306), ch. 204, p. 1165, § 2, effective August 12.

Editor's note: Subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 2025. (See L. 2023, p. 1172.)