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First Regular Session Seventy-fifth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
HB1299_S_APP.002 NOT AMENDED SENATE COMMITTEE OF REFERENCE REPORT _______________________________ April 29, 2025 Chair of Committee Date Committee on Appropriations .
25-0902.01 Jed Franklin x5484 HOUSE BILL 25-1299 HOUSE SPONSORSHIP Duran and Armagost, SENATE SPONSORSHIP Roberts and Pelton R., House Committees Senate Committees Finance Appropriations A BILL FOR AN ACT C ONCERNING A VOLUNTARY CONTRIBUTION OF ALL OR A PORTION OF AN INCOME TAX REFUND AS A DONATION TO THE ANIMAL PROTECTIONFUND ,AND ,IN CONNECTION THEREWITH ,MAKING AN APPROPRIATION .
After consideration on the merits, the Committee recommends the following:
Bill Summary (Note:
HB25-1299 be referred to the Committee of the Whole with favorable recommendation and with a recommendation that it be placed on the consent calendar.
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill 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.) Thebillcreatesavoluntaryprocedurebywhichanindividualmay electtocontributeaportionof theirstateincometaxrefundasadonation i 5 to the animal protection fund (fund).
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For the income tax years a 0 S R , O n 1 Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
H 2 r Capital letters or bold & italic numbers indicate new material to be added to existingdlaw.
Dashes through the words or numbers indicate deletions from existing law.
e m A immediately following the year in which the executive director of the department of revenue (department) files written certification with the revisor of statutes that a line on the income tax return form has become available and that the animal protection fund voluntary contribution (contribution) is next in the queue established pursuant to statute, the executive director of the department shall ensure that the Colorado state individual income tax return form contains a line by which each individualtaxpayermaydesignatetheamountof the contribution, if any, that the individual wishes to make to the fund.
Money in the fund is continuously appropriated to the department of agriculture.
The contribution is not subject to sunset review and is not subject to repeal if the contribution generates no more than $50,000 during the period between January 1 and September 1 of a tax year.
The bill requires the department to determine annually the total amount donated through the contribution and report that amount to the statetreasurerandtothegeneralassembly.Thestatetreasurershallcredit that amount to the fund.
All interest derived from the deposit and investment of money in the fund is credited to the fund.
The general assembly shall appropriate annually from the fund to the department its costs of administering money designated as contributions to the fund.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.
In Colorado Revised Statutes, 35-42-113, amend (1) as follows:
35-42-113.
Animal protection fund - creation.
(1) There is hereby created an animal protection fund.
Any donations collected for animal protection, any net proceeds from the sale of an animal pursuant tosection18-9-202.5(4),C.R.S.
ANYDONATIONSCOLLECTEDPURSUANT TOSECTION 39-22-5602,andanymoneys MONEY fromrestitutionordered fortheexpensesof thedepartmentofagricultureinsellingandproviding for the care of and provision for an animal disposed of under the animal cruelty laws in accordance with part 2 of article 9 of title 18 C.R.S., this articleRTICLE 42 shall be transmitted to the state treasurer, who shallcreditthemoneys MONEY totheanimalprotectionfund.Thegeneral assemblyshallmakeannualappropriationsfromthatfund M ONEYINTHE -2- 1299 FUND IS CONTINUOUSLY APPROPRIATED to the department of agriculture to aid in carrying out the purposes of this article;
except that no such appropriations may be made for personal servicesCLE 42FOR THE CARE OF PET ANIMALS AND LIVESTOCK DURING EMERGENCIES AND FOR PROVIDING FOR THE TEMPORARY CARE OF PET ANIMALS AND LIVESTOCK IN CRISI.
SECTION2.
In Colorado RevisedStatutes,39-22-1001,amend (1)(b)(XIV), (1)(b)(XV), and (5)(c)(I);
and add (1)(b)(XVI) as follows:
39-22-1001.
Limitations on voluntary contribution programs - queue - notice - reestablishment of certain programs.
(1) (b) All voluntary contribution programs shall remain on Colorado income tax returns for the income tax years specified in the part in which the voluntary contribution is established and shall be repealed or reestablished as directed in such part;
except that there shall be no requirement for a sunset clause for:
(XIV) The unwanted horse fund voluntary contribution established in part 38 of this article 22;
and (XV) The Colorado nongame conservation and wildlife restoration voluntary contribution established in part 7 of this article 22;
AND (XVI) THEANIMALPROTECTIONFUNDVOLUNTARYCONTRIBUTION ESTABLISHED IN PART56 OF THIS ARTICL22.
(5) Everyvoluntarycontributionestablishedinthisarticle22must receive a minimum dollar amount of contributions in each income tax year as follows:
(c) (I) Subsections (5)(a) and(5)(b)of thissection shall not apply to the western slope military veterans' cemetery voluntary contribution -3- 1299 established in part 19 of this article 22, or the donate to a Colorado nonprofitfundvoluntarycontributionestablishedinpart51ofthisarticle 22, OR THE ANIMAL PROTECTION FUND VOLUNTARY CONTRIBUTION ESTABLISHED IN PART 56OF THIS ARTICLE22.
Such THESE voluntary contributions shall not be required to receive a minimum amount of contributions in anyincome tax year.
SECTION3.
InColoradoRevisedStatutes,addpart56toarticle 22 of title 39 as follows:
PART 56 ANIMAL PROTECTION FUND VOLUNTARY CONTRIBUTION 39-22-5601.
Legislative declaration.
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(1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
(a) CARING FOR PET ANIMALS AND LIVESTOCK THAT ARE DISPLACED DUE TO EMERGENCIES OR ARE THE VICTIMS OF CRUELTY AND NEGLECT IS IMPORTANT TOCOLORADANS ;
(b) RESEARCH SHOWS THAT DURING EMERGENCIES ,PEOPLE MAY NOTFOLLOWEVACUATIONPROCEDURESIFSUCHACTIONPLACESTHEIRPET ANIMALS AND LIVESTOCK AT RISK OF HAR;
(c) THE REMOVAL OF ANIMALS FROM CRUELTY AND NEGLECT OR EMERGENCYSITUATIONSISCOSTLY ,INCLUDINGTHECOSTOFVETERINARY CARE ,FEEDING,AND PROVIDING SHELTER;
(d) AGENCIES AND ORGANIZATIONS WORKING WITH THE DEPARTMENT OF AGRICULTURE WOULD BENEFIT FROM MORE RESOURCES TO CARE FOR PET ANIMALS AND LIVESTOCK THAT ARE THE VICTIMS OF CRUELTY AND NEGLECT OR ARE INNEEDASA RESULT OFAN EMERGENCY ;
AND -4- 1299 (e) TO ENSURE SUSTAINABLE FUNDING FOR THE CARE OF PET ANIMALS AND LIVESTOCK IN CRISES AND DURING EMERGENCIES ,THE GENERAL ASSEMBLY RECOGNIZES THAT MANY RESIDENTS OF COLORADO MAY BE WILLING TO VOLUNTARILY PROVIDE MONEY TO ASSIST ITS EFFORTS.
(2) IT IS THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE C OLORADANS WITH THE OPPORTUNITY TO SUPPORT THESE EFFORTS BY ALLOWING CITIZENS TO MAKE A VOLUNTARY CONTRIBUTION ON THE C OLORADO INCOME TAX RETURN FORM FOR THAT PURPOSE.
39-22-5602.
Voluntary contribution designation - procedure - effective date.
FTHE INCOME TAX YEARS IMMEDIATELY FOLLOWING THE YEAR IN WHICH THE EXECUTIVE DIRECTOR FILES WRITTEN CERTIFICATION WITH THE REVISOROFSTATUTESASSPECIFIEDIN SECTION 39-22-1001 (8)THAT A LINE ON THE INCOME TAX RETURN FORM HAS BECOME AVAILABLE AND THAT THE ANIMAL PROTECTION FUND VOLUNTARY CONTRIBUTION IS NEXT IN THE QUEUE ESTABLISHED PURSUANT TO SECTION39-22-1001(8),THE EXECUTIVE DIRECTOR SHALL ENSURE THAT THE COLORADO STATE INDIVIDUAL INCOME TAX RETURN FORM CONTAINS A LINE WHEREBY EACH INDIVIDUAL TAXPAYER MAY DESIGNATE THE AMOUNT OF THE CONTRIBUTION ,IF ANY, THAT THE INDIVIDUALWISHESTOMAKETOTHEANIMALPROTECTIONFUNDCREATED IN SECTION35-42-113 (1).
39-22-5603.
Contributionscreditedtoanimalprotectionfund - appropriation.
(1) (a) T HE DEPARTMENT OF REVENUE SHALL DETERMINE ANNUALLY THE TOTAL AMOUNT DESIGNATED PURSUANT TO SECTION 39-22-5602AND SHALL REPORT THAT AMOUNT TO THE STATE TREASURER AND TO THE GENERAL ASSEMBLY .
THE STATE TREASURER -5- 1299 SHALLCREDITTHATAMOUNTTOTHEANIMALPROTECTIONFUNDCREATED INSECTION35-42-113(1).ALLINTERESTDERIVEDFROMTHEDEPOSITAND INVESTMENT OF MONEY IN THE FUND SHALL BE CREDITED TO THE FU.D (b) NOTWITHSTANDING THE REQUIREMENT IN SECTION24-1-136 (11)(a)(I),HE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN SUBSECTION (1)(aOF THIS SECTION CONTINUES UNLESS AND UNTIL THIS PART 56IS REPEALED.
(2) T HE GENERAL ASSEMBLY SHALL APPROPRIATE ANNUALLY FROM THE ANIMAL PROTECTION FUND TO THE DEPARTMENT OF REVENUE ITSCOSTSOFADMINISTERINGMONEYDESIGNATEDASCONTRIBUTIONSTO THE FUND.
SECTION 4.
Appropriation.
(1) For the 2025-26 state fiscal year, $11,606 is appropriated to the department of revenue.
This appropriation is from the animal protection fund created in section 35-42-113(1),C.R.S.Toimplementthisact,thedepartmentmayusethis appropriation as follows:
(a) $8,938 for use by the taxation business group for personal services related to taxation services;
(b) $2,318fortaxadministrationITsystem(GenTax)support;and (c) $350 for use by the executive director's office for personal services related to administration and support.
SECTION 5.
Act subject to petition - effective date.
This act takes effect at 12:01 a.m.
on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly;except that, if areferendumpetition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take -6- 1299 effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
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