Colo. Rev. Stat. § 42-3-301

Current through 11/5/2024 election

Section 42-3-301 - License plate cash fund - license plate fees

(1)

(a) In addition to the payment of any fees for motor vehicle registration or for the issuance of license plates, decals, or validating tabs, each owner of a motor vehicle issued a license plate, decal, or validating tab for a motor vehicle pursuant to this article shall also pay a fee to cover the direct costs of such plates, decals, or tabs. The amount of the fee imposed pursuant to this section shall be as specified in paragraph (b) of subsection (2) of this section.

(b) Fees collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the license plate cash fund, which fund is hereby created. The fund shall be administered by the state treasurer. Moneys in the fund shall be appropriated by the general assembly for the direct costs incurred by the department in purchasing, as provided in section 17-24-109.5 (2), C.R.S., license plates, decals, and validating tabs from the division of correctional industries, referred to in this section as the "division", in the department of corrections, and issuing license plates pursuant to this article. At the end of each fiscal year, any unexpended and unencumbered moneys in the fund remain in the fund.

(2)

(a) The fees imposed pursuant to subsection (1) of this section are limited to the amount necessary to recover the costs of the production and distribution of any license plates, decals, or validating tabs issued pursuant to this article 3, including additional production and distribution resulting from the enactment of section 42-3-115 (5)(a) by Senate Bill 21-069, enacted in 2021, and the related support functions provided to the department of revenue by the division. The correctional industries advisory committee, established pursuant to section 17-24-104 (2), shall annually review and recommend to the director of the division the amounts of the fees to be imposed pursuant to subsection (1) of this section. The director of the division, in cooperation and consultation with the department of revenue and the office of state planning and budgeting, shall annually establish the amounts of the fees imposed pursuant to subsection (1) of this section to recover the division's costs pursuant to this subsection (2).

(b) Notwithstanding any other provision of this article 3, with the exception of special license plates issued pursuant to section 42-3-213 for purple heart recipients, medal of valor recipients, former prisoners of war, survivors of the attack on Pearl Harbor, veterans who have disabilities, women veterans who have disabilities, or recipients of a medal of honor, the fees imposed by this subsection (2) apply to all other special license plates issued in accordance with this article 3.

(c) The department may seek and accept gifts, grants, or donations from private or public sources for the purposes of this section; except that the department may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state.

C.R.S. § 42-3-301

Amended by 2021 Ch. 419, § 5, eff. 9/7/2021.

Amended by 2021 Ch. 319, § 3, eff. 9/7/2021.

Amended by 2017 Ch. 92, § 11, eff. 8/9/2017.

Amended by 2015 Ch. 334, § 3, eff. 1/1/2016, applicable to temporary registrations issued on or after 7/1/2016. See editor's note.

Amended by 2014 Ch. 346, § 18, eff. 6/5/2014.

L. 2005: (1) amended, p. 143, § 9, effective April 5; entire article amended with relocations, p. 1134, § 2, effective August 8. L. 2006: (2)(a)(II) amended, p. 2038, § 2, effective August 7; (2)(a)(II) amended, p. 1485, § 2, effective August 7; (2)(a)(II) amended, p. 1068, § 2, effective August 7; (2)(b) amended, p. 921, § 3, effective 1/1/2007; (2)(a)(II) amended, p. 1623, § 2, effective 7/1/2007. L. 2007: (2)(a)(II) amended, p. 968, § 2, effective August 3; (2)(a)(II) amended, p. 2076, § 2, effective August 3. L. 2008: (2)(a)(II) amended, p. 2272, § 3, effective 1/1/2009. L. 2009: (1)(b) and (2)(a) amended, (HB 09-1133), ch. 1654, p. 1654, § 1, effective August 5; (2)(a)(VIII) amended, (HB 09-1026), ch. 1267, p. 1267, § 28, effective October 1.L. 2014: (1)(b) amended, (SB 14-194), ch. 1551, p. 1551, § 18, effective June 5. L. 2015: (2)(c) added, (SB 15-090), ch. 334, p. 1360, § 3, see subsection (6) of the editor's note following this section. L. 2017: (2)(a) amended, (SB 17 -031), ch. 282, p. 282, § 11, effective August 9. L. 2021: (2)(a) amended, (SB 21-069), ch. 2782, p. 2782, § 5, effective September 7; (2)(b) amended, (SB 21-253), ch. 1959, p. 1959, § 3, effective September 7.

(1) This section is similar to former § 42-3-113 as it existed prior to 2005.

(2) Subsection (1) was originally numbered as § 42-3-113(6) , and the amendments to it in Senate Bill 05-041 were harmonized with § 42-3-301(1) as it appears in House Bill 05-1107.

(3) Amendments to subsection (2)(a)(II) by House Bill 06-1339, Senate Bill 06-080, and House Bill 06-1404 were harmonized, effective August 7, 2006, and those amendments were harmonized with Senate Bill 06-100, effective July 1, 2007.

(4) Amendments to subsection (2)(a)(II) by House Bill 07-1120 and Senate Bill 07-067 were harmonized.

(5) Amendments to subsection (2)(a)(VIII) by House Bill 09-1026 were superseded by the amendments to subsection (2)(a) in House Bill 09-1133.

(6) Section 6(1)(b) and 6(2) of chapter 334 (SB 15-090), Session Laws of Colorado 2015, provides that changes to this section by the act take effect only if the department of revenue receives enough gifts, grants, and donations for materials, start-up costs, and computer programming necessary to implement this act, and take effect January 1, 2016, only if the revisor of statutes receives written notice that such funds were received. The revisor of statutes received the required notice, dated February 12, 2016.

2021 Ch. 419, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

2021 Ch. 319, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

For the legislative declaration in SB 21-069, see section 1 of chapter 419, Session Laws of Colorado 2021.