Colo. Rev. Stat. § 42-3-304

Current through Chapter 123 of the 2024 Legislative Session

Section 42-3-304 - Registration fees - passenger-mile taxes - clean screen fund - pilot program - report - rules - definitions

(1)

(a) In addition to other fees specified in this section, an applicant shall pay a motorist insurance identification fee in an amount determined by paragraph (d) of subsection (18) of this section when applying for registration or renewal of registration of a motor vehicle under this article.

(b) The following vehicles are exempt from the motorist insurance identification fee:

(I) Vehicles that are exempt from registration fees under this section or are owned by persons who have qualified as self-insured pursuant to section 10-4-624, C.R.S.

(II) Repealed.

(c) (Deleted by amendment, L. 2009, (SB 09-274), ch. 955, p. 955, § 8, effective May 1, 2009.)

(2) With respect to passenger-carrying motor vehicles, the weight used in computing annual registration fees shall be that weight published by the manufacturer in approved manuals, and, in case of a dispute over the weight of such vehicle, the actual weight determined by weighing such vehicle on a certified scale, as provided in section 35-14-122 (6), C.R.S., shall be conclusive. With respect to all other vehicles, the weight used in computing annual registration fees shall be the empty weight, determined by weighing such vehicle on a certified scale or in the case of registration fees imposed pursuant to section 42-3-306 (5), the declared gross vehicle weight of the vehicle declared by the owner at the time of registration.

(3) No fee shall be payable for the annual registration of a vehicle when:

(a) The owner of such vehicle is a veteran who in an application for registration shows that the owner has established such owner's rights to benefits under the provisions of Public Law 663, 79th Congress, as amended, and Public Law 187, 82nd Congress, as amended, or is a veteran of the armed forces of the United States who incurred a disability and who is, at the date of such application, receiving compensation from the veterans administration or any branch of the armed forces of the United States for a fifty percent or more, service-connected, permanent disability, or for loss of use of one or both feet or one or both hands, or for permanent impairment or loss of vision in both eyes that constitutes virtual or actual blindness. The exemption provided in this paragraph (a) shall apply to the original qualifying vehicle and to any vehicle subsequently purchased and owned by the same veteran but shall not apply to more than one vehicle at a time.

(b) The application for registration shows that the owner of such vehicle is a foreign government or a consul or other official representative of a foreign government duly recognized by the department of state of the United States government. License plates for the vehicles qualifying for the exemption granted in this paragraph (b) shall be issued only by the department and shall bear such inscription as may be required to indicate their status.

(c) The owner of such vehicle is the state or a political or governmental subdivision thereof; but any such vehicle that is leased, either by the state or any political or governmental subdivision thereof, shall be exempt from payment of an annual registration fee only if the agreement under which it is leased has been first submitted to the department and approved, and such vehicle shall remain exempt from payment of an annual registration fee only so long as it is used and operated in strict conformity with such approved agreement.

(d) The owner of such vehicle is a former prisoner of war being issued special plates pursuant to section 42-3-213 (3) or is the surviving spouse of a former prisoner of war retaining the special plates that were issued to such former prisoner of war pursuant to section 42-3-213 (3).

(e) The owner of such vehicle is the recipient of a purple heart being issued special plates pursuant to section 42-3-213 (2).

(f) The owner of such vehicle is a recipient of a medal of honor issued special plates pursuant to section 42-3-213 (7).

(g) The owner of the vehicle is a recipient of a medal of valor and is issued special license plates pursuant to section 42-3-213 (10).

(h) The owner of the vehicle survived the attack on Pearl Harbor and is issued special license plates pursuant to section 42-3-213 (6).

(4) Upon registration, the owner of each motorcycle shall pay a surcharge of four dollars, which shall be credited to the motorcycle operator safety training fund created in section 43-5-504, C.R.S.

(5) In lieu of registering each vehicle separately, a dealer in motorcycles or autocycles shall pay to the department an annual registration fee of twenty-five dollars for the first license plate issued pursuant to section 42-3-116 (1), a fee of seven dollars and fifty cents for each additional license plate issued up to and including five plates, and a fee of ten dollars for each license plate issued in excess of five.

(6) In lieu of registering each vehicle separately:

(a) A dealer in motor vehicles, trailers, and semitrailers, except dealers in motorcycles or autocycles, shall pay to the department an annual fee of thirty dollars for the first license plate issued pursuant to section 42-3-116 (1), and a fee of seven dollars and fifty cents for each additional license plate issued up to and including five, and a fee of ten dollars for each license plate issued in excess of five; and

(b) A manufacturer of motor vehicles shall pay to the department an annual fee of thirty dollars for the first license plate issued pursuant to section 42-3-116 (1), and a fee of seven dollars and fifty cents for each additional license plate so issued up to and including five, and a fee of ten dollars for each additional license plate issued.

(7)

(a) Every drive-away or tow-away transporter shall apply to the department for the issuance of license plates that may be transferred from one vehicle or combination to another vehicle or combination for delivery without further registration. The annual fee payable for the issuance of such plates shall be thirty dollars for the first set and ten dollars for each additional set. No transporter shall permit such license plates to be used upon a vehicle that is not in transit, or upon a work or service vehicle, including a service vehicle utilized regularly to haul vehicles, or by any other person.

(b) Each such transporter shall keep a written record of all vehicles transported, including the description thereof and the names and addresses of the consignors and consignees, and a copy of such record shall be carried in every driven vehicle; except that, when a number of vehicles are being transported in convoy, such copy, listing all the vehicles in the convoy, may be carried in only the lead vehicle in the convoy.

(c) This subsection (7) shall not apply to a nonresident engaged in interstate or foreign commerce if such nonresident is in compliance with the in-transit laws of the state of his or her residence and if such state grants reciprocal exemption to Colorado residents. The department may enter into reciprocal agreements with any other state or states containing such reciprocal exemptions or may issue written declarations as to the existence of any such reciprocal agreements.

(8)

(a) Subsections (5), (6)(a), and (7) of this section shall not apply to a motor vehicle, trailer, or semitrailer operated by a dealer or transporter for such dealer's or transporter's private use or to a motor vehicle bearing full-use dealer plates issued pursuant to section 42-3-116 (6)(d).

(b) Paragraph (b) of subsection (6) of this section shall only apply to a motor vehicle if owned and operated by a manufacturer, a representative of a manufacturer, or a person so authorized by the manufacturer. A motor vehicle bearing manufacturer plates shall be of a make and model of the current or a future year and shall have been manufactured by or for the manufacturer to which such plates were issued.

(9) In addition to the registration fees imposed by section 42-3-306 (4)(a), the following additional registration fee shall be imposed on such vehicles:

(a) For farm trucks less than seven years old, twelve dollars;

(b) For farm trucks seven years old but less than ten years old, ten dollars;

(c) For farm trucks ten years old or older, seven dollars.

(10)

(a) In addition to the registration fees imposed by section 42-3-306 (5)(a) and (13), for motor vehicles described in section 42-3-306 (5)(a) and (13), the following additional registration fee shall be imposed:

(I) For light trucks and recreational vehicles less than seven years old, twelve dollars;

(II) For light trucks and recreational vehicles seven years old but less than ten years old, ten dollars;

(III) For light trucks and recreational vehicles ten years old or older, seven dollars.

(b) In addition to the registration fees imposed by section 42-3-306 (5)(b), (5)(c), or (12)(b), an additional registration fee of ten dollars shall be assessed.

(c) The department shall adopt rules that allow a vehicle owner or a vehicle owner's agent to apply for apportioned registration for a vehicle that is used in interstate commerce and that qualifies for the registration fees provided in section 42-3-306 (5). In establishing the amount of such apportioned registration, such rules shall take into account the length of time such item may be operated in Colorado or the number of miles such item may be driven in Colorado. The apportioned registration, if based upon the length of time such item may be operated in Colorado, shall be valid for a period of between two and eleven months. Such rules shall also allow for extensions of apportioned registration periods. During such rule-making, the department shall confer with its authorized agents regarding enhanced communications with the authorized agents and the coordination of enforcement efforts.

(11) The additional fees collected pursuant to section 42-3-306 (2)(b)(II) and subsection (9) of this section and paragraphs (a) and (b) of subsection (10) of this section shall be transmitted to the state treasurer, who shall credit the same to the highway users tax fund to be allocated pursuant to section 43-4-205 (6)(b), C.R.S.

(12) An owner or operator that desires to make an occasional trip into this state with a truck, truck tractor, trailer, or semitrailer that is registered in another state shall obtain a permit from the public utilities commission as provided in article 10.1 of title 40, C.R.S. This subsection (12) does not apply to the vehicles of a public utility that are temporarily in this state to assist in the construction, installation, or restoration of utility facilities used in serving the public.

(13) In addition to the annual registration fees prescribed in this section for vehicles with a seating capacity of more than fourteen and operated for the transportation of passengers for compensation, the owner or operator of every such vehicle operated over the public highways of this state shall pay a passenger-mile tax equal to one mill for each passenger transported for a distance of one mile. The tax shall be credited to the highway users tax fund created in section 43-4-201, C.R.S., as required by section 43-4-203 (1)(c), C.R.S., and allocated and expended as specified in section 43-4-205 (5.5)(d), C.R.S. The tax assessed by this subsection (13) shall not apply to passenger service rendered within the boundaries of a city, city and county, or incorporated town by a company engaged in the mass transportation of persons by buses or trolley coaches.

(14)

(a) The owner or operator of special mobile machinery having an empty weight not in excess of sixteen thousand pounds that the owner or operator desires to operate over the public highways of this state shall register such vehicle under section 42-3-306 (5)(a).

(b) The owner or operator of special mobile machinery with an empty weight exceeding sixteen thousand pounds that the owner or operator desires to operate over the public highways of this state shall register the vehicle under section 42-3-306 (5)(b).

(15) The owner of special mobile machinery, except that mentioned in sections 42-1-102 (44) and 42-3-104 (3), that is not registered for operation on the highway shall pay a fee of one dollar and fifty cents, which shall not be subject to any quarterly reduction.

(16) Nothing in this section shall be construed to prevent a farmer or rancher from occasionally exchanging transportation with another farmer or rancher when the sole consideration involved is the exchange of personal services and the use of vehicles.

(17)

(a)

(I) The owner shall present to the authorized agent a certified scale ticket showing the weight of a truck if the truck:

(A) Is subject to the registration fee imposed in section 42-3-306 (5);

(B) Weighs more than four thousand five hundred pounds but not more than ten thousand pounds; and

(C) Has been modified, including mounting equipment other than recreational equipment, and the modifications change the truck's weight by three hundred pounds or more.

(II) The owner of a truck shall present to the authorized agent a manufacturer's certificate of origin, a certificate of title, a certified scale ticket, or other approved document or system, as any of these options is required or authorized by rule, if the truck:

(A) Is subject to the registration fee imposed in section 42-3-306 (5);

(B) Weighs more than four thousand five hundred pounds but not more than ten thousand pounds; and

(C) Has not been modified to change the truck's weight by three hundred pounds or more.

(b) The department shall furnish appropriate identification, by means of tags or otherwise, to indicate that a vehicle registered under this section is not subject to clearance by a port of entry weigh station.

(18)

(a) In addition to any other fee imposed by this section, the owner shall pay, at the time of registration, a fee of fifty cents on every item of Class A, B, or C personal property required to be registered pursuant to this article. Such fee shall be transmitted to the state treasurer, who shall credit the same to a special account within the highway users tax fund, to be known as the AIR account, and such moneys shall be used, subject to appropriation by the general assembly, to cover the direct costs of the motor vehicle emissions activities of the department of public health and environment in the presently defined nonattainment area, and to pay for the costs of the commission in performing its duties under section 25-7-106.3, C.R.S. In the program areas within counties affected by this article, the authorized agent shall impose and retain an additional fee of up to seventy cents on every such registration to cover reasonable costs of administration of the emissions compliance aspect of vehicle registration. The department of public health and environment may accept and expend grants, gifts, and moneys from any source for the purpose of implementing its duties and functions under this section or section 25-7-106.3, C.R.S.

(b) In addition to any other fee imposed by this section, at the time of registration of any motor vehicle in the program area subject to inspection and not exempt from registration, the owner shall pay a fee of one dollar and fifty cents. Such fee shall be transmitted to the state treasurer, who shall credit the same to the AIR account within the highway users tax fund, and such moneys shall be expended only to cover the costs of administration and enforcement of the automobile inspection and readjustment program by the department of revenue and the department of public health and environment, upon appropriation by the general assembly. For such purposes, the revenues attributable to one dollar of such fee shall be available for appropriation to the department of revenue, and the revenues attributable to the remaining fifty cents of such fee shall be available for appropriation to the department of public health and environment.

(c) There shall be established two separate subaccounts within the AIR account, one for the revenues available for appropriation to the department of public health and environment pursuant to paragraphs (a) and (b) of this subsection (18) and one for the revenues available for appropriation to the department of revenue pursuant to paragraph (b) of this subsection (18) and section 42-4-305. After the state treasurer transfers moneys in the department of revenue subaccount to the department of revenue equal to the amount appropriated to the department of revenue from the AIR account for the fiscal year, the state treasurer shall transfer from the balance in the department of revenue subaccount to the department of public health and environment subaccount any amount needed to cover appropriations made to the department of public health and environment from the AIR account for that fiscal year for the administration and enforcement of the automobile inspection and readjustment program. Transfers from the department of revenue subaccount to the department of public health and environment subaccount shall be made on a monthly basis after the transfers to the department of revenue equal to the department of revenue's appropriation for that fiscal year have been made. The state treasurer shall not transfer to the department of public health and environment an amount that exceeds the amount of the appropriation made to the department of public health and environment from the AIR account for the fiscal year. Any transfer made pursuant to this paragraph (c) shall be subject to any limits imposed or appropriations made by the general assembly for other purposes and any limitations imposed by section 18 of article X of the state constitution.

(d)

(I)

(A) Repealed.

(B) In addition to any other fee imposed by this section, the owner, in order to register a motor vehicle or low-power scooter, must pay a motorist insurance identification fee. The department shall annually adjust the fee based upon appropriations made by the general assembly for the operation of the motorist insurance identification database program. The department shall transmit the fee to the state treasurer, who shall credit it to the Colorado DRIVES vehicle services account created in section 42-1-211 (2). This subsection (18)(d)(I)(B) takes effect July 1, 2019.

(II) (Deleted by amendment, L. 2009, (SB 09-274), ch. 955, p. 955, § 8, effective May 1, 2009; (HB 09-1026), ch. 1268, p. 1268, § 30, effective July 1, 2010.)

(19)

(a) If the air quality control commission determines pursuant to section 42-4-306 (23)(b) to implement an expanded clean screen program in the enhanced emissions program area, on and after the specific dates determined by the commission for each of the following subparagraphs:

(I) In addition to any other fee imposed by this section, authorized agents, acting as agents for the clean screen authority, shall collect at the time of registration an emissions inspection fee in an amount determined by section 42-4-311 (6)(a) on every motor vehicle that the department of revenue has determined from data provided by its contractor to have been clean screened; except that the motorist need not pay the emissions inspection fee if the authorized agent determines that a valid certification of emissions compliance has already been issued for the vehicle being registered indicating that the vehicle passed the applicable emissions test at an enhanced inspection center, inspection and readjustment station, motor vehicle dealer test facility, or fleet inspection station.

(II) Authorized agents may retain three and one-third percent of the fee so collected to cover the agent's expenses in the collection and remittance of the fee. County treasurers shall, no later than ten days after the last business day of each month, remit the remainder of the fee to the clean screen authority created in section 42-4-307.5. The clean screen authority shall transmit the fee to the state treasurer, who shall deposit the remainder in the clean screen fund, which fund is hereby created. The clean screen fund is a pass-through trust account to be held in trust solely for the purposes and the beneficiaries specified in this subsection (19). Money in the clean screen fund is not fiscal year spending of the state for purposes of section 20 of article X of the state constitution and is a custodial fund that is not subject to appropriation by the general assembly. Interest earned from the deposit and investment of money in the clean screen fund shall be credited to the clean screen fund, and the clean screen authority may also expend interest earned on the deposit and investment of the clean screen fund to pay for its costs associated with the implementation of House Bill 01-1402, enacted at the first regular session of the sixty-third general assembly. The clean screen authority may also expend interest earned on the deposit and investment of the clean screen fund to pay for its costs associated with the implementation of House Bill 06-1302, enacted at the second regular session of the sixty-fifth general assembly.

(III) The clean screen authority shall transmit moneys from the clean screen fund monthly to the contractor in accordance with the fees determined by section 42-4-311 (6)(a) within one week after receipt by the authority from the department of revenue of a notification of the number of registrations of clean-screened vehicles during the previous month.

(IV) Repealed.

(b) In specifying dates for the implementation of the clean screen program pursuant to paragraph (a) of this subsection (19), the commission may specify different dates for the enhanced and basic emissions program areas.

(c) This subsection (19) shall not apply to El Paso county if the commission has excluded such county from the clean screen program pursuant to section 42-4-306 (23)(a).

(d) Any moneys remaining in the clean screen fund upon termination of the AIR program shall revert to the AIR account established in paragraph (a) of subsection (18) of this section.

(20) In addition to any other fee imposed by this section, there shall be collected, at the time of registration, a fee of ten dollars on every light- and heavy-duty diesel-powered motor vehicle in the program area registered pursuant to this article in Colorado. Such fee shall be transmitted to the state treasurer, who shall credit the same to the AIR account in the highway users tax fund, and such moneys shall be used, subject to appropriation by the general assembly, to cover the costs of the diesel-powered motor vehicle emissions control activities of the departments of public health and environment and revenue.

(21) In order to promote an effective emergency medical network and thus the maintenance and supervision of the highways throughout the state, in addition to any other fees imposed by this section, there shall be assessed an additional fee of two dollars at the time of registration of any motor vehicle. Such fee shall be transmitted to the state treasurer, who shall credit the same to the emergency medical services account created by section 25-3.5-603, C.R.S., within the highway users tax fund.

(22) In addition to any other fees imposed by this section, the authorized agent may collect and retain, and an applicant for registration shall pay at the time of registration, a reasonable fee, as determined from time to time by the authorized agent, that approximates the direct and indirect costs incurred, not to exceed five dollars, by the authorized agent in shipping and handling those license plates that the applicant has, pursuant to section 42-3-105 (1)(a), requested that the department mail to the owner.

(23) Repealed.

(24) In addition to any other fee imposed by this section, at the time of registration, the owner shall pay a fee of one dollar on every item of Class A, B, or C personal property required to be registered by this article. Notwithstanding section 43-4-203, the department shall transmit the fee to the state treasurer, who shall credit it to the peace officers standards and training board cash fund, created in section 24-31-303 (2)(b); except that authorized agents may retain five percent of the fee collected to cover the agents' expenses in the collection and remittance of the fee. All of the money in the fund that is collected under this subsection (24) shall be used by the peace officers standards and training board for the purposes specified in section 24-31-310.

(25)

(a) In addition to any other fee imposed by this section, for registration periods beginning during state fiscal years prior to state fiscal year 2022-23, each authorized agent shall annually collect a fee of fifty dollars at the time of registration on every electric motor vehicle. For registration periods beginning during state fiscal year 2022-23 or during any subsequent state fiscal year, each authorized agent shall continue to collect the fee, and the amount of the fee for registration periods beginning during any given state fiscal year is the amount of the fee collected for registration periods beginning during the prior state fiscal year, adjusted for inflation; except that an adjustment shall be made only if the rate of inflation is positive and the adjustment must be the lesser of the actual rate of inflation or five percent. The department of revenue shall annually calculate the inflation-adjusted amount of the fee for registration periods beginning during each state fiscal year and shall publish the amount no later than April 15 of the calendar year in which the state fiscal year begins. The authorized agent shall transmit the fee to the state treasurer, who shall credit thirty dollars, adjusted for inflation, of each fee to the highway users tax fund created in section 43-4-201, and twenty dollars, adjusted for inflation, of each fee to the electric vehicle grant fund created in section 24-38.5-103.

(a.5)

(I) In addition to any other fee imposed by this section, including the fee imposed by subsection (25)(a) of this section, for registration periods beginning during state fiscal year 2022-23 or during any subsequent state fiscal year, each authorized agent shall annually collect an electric motor vehicle road usage equalization fee at the time of registration on every battery electric motor vehicle as specified in subsections (25)(a.5)(II) and (25)(a.5)(III) of this section and on every plug-in hybrid electric motor vehicle as specified in subsections (25)(a.5)(IV) and (25)(a.5)(V) of this section. The authorized agent shall transmit the fee to the state treasurer, who shall credit it to the highway users tax fund for allocation and expenditure as specified in section 43-4-205 (6.8).

(II) For registration periods beginning during state fiscal years 2022-23 through 2031-32, the amount of the electric motor vehicle road usage equalization fee for a battery electric motor vehicle is as follows:

Fiscal Year	Fee
2022-23	$4
2023-24	$8
2024-25	$12
2025-26	$16
2026-27	$26
2027-28	$36
2028-29	$51
2029-30	$66
2030-31	$81
2031-32	$96

(III) For registration periods beginning during state fiscal year 2032-33 or during any subsequent state fiscal year, the amount of the electric motor vehicle road usage equalization fee for a battery electric motor vehicle is the amount of the fee for registration periods beginning during the prior state fiscal year, adjusted for inflation; except that an adjustment shall be made only if the rate of inflation is positive and the adjustment must be the lesser of the actual rate of inflation or five percent. The department of revenue shall annually calculate the inflation adjusted amount of the electric motor vehicle road usage equalization fee for a battery electric motor vehicle for registration periods beginning during each state fiscal year and shall notify authorized agents of the amount no later than the May 1 of the calendar year in which the state fiscal year begins.

(IV) For registration periods beginning during state fiscal years 2022-23 through 2031-32, the amount of the electric motor vehicle road usage equalization fee for a plug-in hybrid electric motor vehicle is:

Fiscal Year	Fee
2022-23	$3
2023-24	$5
2024-25	$8
2025-26	$11
2026-27	$13
2027-28	$16
2028-29	$19
2029-30	$21
2030-31	$24
2031-32	$27

(V) For registration periods beginning during state fiscal year 2032-33 or during any subsequent state fiscal year, the amount of the electric motor vehicle road usage equalization fee for a plug-in hybrid electric motor vehicle is the amount of the fee for registration periods commencing during the prior state fiscal year, adjusted for inflation; except that an adjustment shall be made only if the rate of inflation is positive and the adjustment must be the lesser of the actual rate of inflation or five percent. The department of revenue shall calculate the inflation adjusted amount of the electric motor vehicle road usage equalization fee for a plug-in hybrid electric motor vehicle for registration periods beginning during each state fiscal year and shall notify authorized agents of the amount no later than the May 1 of the calendar year in which the state fiscal year begins.

(a.6) Because the electric motor vehicle fee imposed pursuant to subsection (25)(a) of this section and the electric motor vehicle road usage equalization fee imposed pursuant to subsection (25)(a.5) of this section are intended to equalize the average aggregate amount of registration fees and motor fuel charges annually paid by owners of electric motor vehicles and owners of motor vehicles powered exclusively by internal combustion engines, and because motor fuel charges are paid throughout the year rather than at the time of annual motor vehicle registration, the department shall implement a pilot program to allow fees imposed pursuant to this subsection (25) to be paid on an automated prorated quarterly basis. After evaluating the success of the pilot program after the second year of implementation, the department shall make the pilot program permanent unless there is compelling evidence that the pilot program has not been successful. The department may promulgate rules to implement this subsection (25)(a.6).

(a.7)

(I) In lieu of any other fee imposed by this subsection (25), for registration periods beginning during state fiscal year 2022-23 or during any subsequent state fiscal year, each authorized agent shall annually collect a commercial electric motor vehicle road usage equalization fee in the amount specified in subsection (25)(a.7)(II) or (25)(a.7)(III) of this section. The authorized agent shall transmit the fee to the state treasurer, who shall credit it as specified in subsection (25)(a.7)(IV) of this section.

(II) For registration periods beginning during state fiscal year 2022-23, the amount of the commercial electric motor vehicle road usage equalization fee is:

(A) Fifty dollars for a commercial electric motor vehicle that weighs more than ten thousand pounds but not more than sixteen thousand pounds;

(B) One hundred dollars for a commercial electric motor vehicle that weighs more than sixteen thousand pounds but not more that twenty-six thousand pounds; and

(C) One hundred fifty dollars for a commercial electric motor vehicle that weighs more than twenty-six thousand pounds.

(III) For registration periods beginning during state fiscal year 2023-24 or during any subsequent state fiscal year, the amount of the commercial electric motor vehicle road usage equalization fee is the amount of the fee for registration periods commencing during the prior state fiscal year, adjusted for inflation; except that an adjustment shall be made only if the rate of inflation is positive and the adjustment must be the lesser of the actual rate of inflation or five percent. The department of revenue shall calculate the inflation adjusted amount of the commercial electric motor vehicle road usage equalization fee for a commercial electric motor vehicle for registration periods beginning during each state fiscal year and shall notify authorized agents of the amount no later than the May 1 of the calendar year in which the state fiscal year begins.

(IV) The state treasurer shall credit fee revenue collected pursuant to this subsection (25)(a.7) as follows:

(A) Seventy percent to the highway users tax fund for allocation and expenditure as specified in section 43-4-205 (6.8); and

(B) Thirty percent to the state highway fund created in section 43-1-219 for the purpose of funding freight-related projects that ease effective, efficient, and safe freight transport.

(a.8) During the 2026 legislative interim, the Colorado energy office, the department of transportation, and the department of public health and environment, after consulting with the community access enterprise created in section 24-38.5-303 (1), the clean fleet enterprise created in section 25-7.5-103 (1)(a), the clean transit enterprise created in section 43-4-1203 (1)(a), and the nonattainment area air pollution mitigation enterprise created in section 43-4-1303 (1)(a), shall jointly complete a written report and present the report at a hearing of the transportation legislation review committee created in section 43-2-145 (1)(a). The report shall detail progress on all projects completed or undertaken using funding provided pursuant to Senate Bill 21-260, enacted in 2021, identify other projects expected to be completed in the next five years, specifically document the use of general fund money provided pursuant to Senate Bill 21-260, enacted in 2021, and make recommendations as to whether additional general fund money should be provided for similar uses in light of current economic conditions, inflation, and other project completion cost factors, and available state revenue. The report shall also include the joint recommendations of the office and the departments as to whether, beginning in state fiscal year 2027-28 or a later state fiscal year, the amount of any or all of the fees imposed by this subsection (25) should be adjusted or, due to increased use of such motor vehicles, fees should also be imposed on hydrogen fuel cell motor vehicles that are powered by electricity produced from a fuel cell that uses hydrogen gas as fuel to ensure that the goal of equalizing the average aggregate amount of registration fees and motor fuel charges annually paid by owners of electric motor vehicles and owners of motor vehicles powered exclusively by internal combustion engines continues to be realized. When developing their recommendations regarding the fees, the office and the departments shall take into account, at a minimum, the most recent available reliable data on current average fuel efficiency and current fuel efficiency for the most fuel-efficient motor vehicles for the Colorado light-duty and commercial motor vehicle fleets or, if Colorado data is not available, the United States light-duty and commercial motor vehicle fleets, and the most recent available reliable projections of future average fuel efficiency and future fuel efficiency for the most fuel-efficient motor vehicles for the Colorado light-duty and commercial motor vehicle fleets or, if Colorado data is not available, for the United States light-duty and commercial motor vehicle fleets. To the extent feasible based on the data available, analysis of commercial motor vehicle fleet data shall account separately for different categories or weight classes of commercial motor vehicles.

(a.9) As used in this subsection (25), unless the context otherwise requires:

(I) "Battery electric motor vehicle" means a motor vehicle that is powered exclusively by a rechargeable battery pack that can be recharged by being plugged into an external source of electricity and that has no secondary source of propulsion.

(II) "Commercial electric motor vehicle" means an electric motor vehicle that is a commercial vehicle.

(III) "Electric motor vehicle" means a battery electric motor vehicle and a plug-in hybrid electric motor vehicle.

(IV) "Inflation" means the average annual percentage change in the United States department of transportation, federal highway administration, national highway construction cost index or its applicable predecessor or successor index for the five-year period ending on the last December 31 before a state fiscal year for which an annual inflation adjustment to the amount of any fee imposed pursuant to this subsection (25) is to be made begins.

(V) "Plug-in hybrid electric motor vehicle" means a motor vehicle that is powered by both a rechargeable battery pack that can be recharged by being plugged into an external source of electricity and a secondary source of propulsion such as an internal combustion engine.

(b) The department of revenue shall create an electric vehicle decal, which an authorized agent shall give to each person that pays the fees charged under subsections (25)(a), (25)(a.5), and (25)(a.7) of this section and that is not issued an electric vehicle license plate under section 42-3-259 for the electric motor vehicle. The decal must be attached to the upper right-hand corner of the front windshield on the motor vehicle for which it was issued. If there is a change of vehicle ownership, the decal is transferable to the new owner.

(c) Repealed.

C.R.S. § 42-3-304

Amended by 2022 Ch. 361, § 10, eff. 1/1/2023.

Amended by 2022 Ch. 475, § 7, eff. 8/10/2022.

Amended by 2022 Ch. 63, § 1, eff. 8/10/2022.

Amended by 2021 Ch. 339, § 5, eff. 9/7/2021.

Amended by 2021 Ch. 250, § 26, eff. 6/17/2021.

Amended by 2019 Ch. 384, § 2, eff. 8/2/2019.

Amended by 2018 Ch. 293, § 3, eff. 5/29/2018.

Amended by 2017 Ch. 101, § 17, eff. 8/9/2017.

Amended by 2014 Ch. 246, § 3, eff. 8/6/2014.

Amended by 2014 Ch. 346, § 19, eff. 6/5/2014.

Amended by 2014 Ch. 6, § 1, eff. 2/19/2014.

Amended by 2013 Ch. 225, § 12, eff. 1/1/2014.

L. 2005: (13) and (18)(d)(I) amended, p. 145, § 21, effective April 5; entire article amended with relocations, p. 1136, § 2, effective August 8; (18)(c) amended, p. 328, § 1, effective August 8. L. 2006: (10)(b) amended, p. 1511, § 71, effective June 1; (1)(c) amended, p. 1011, § 5, effective July 1; (19)(a)(I), (19)(a)(II), and (19)(d) amended and (19)(a)(IV) added, p. 1030, §§ 12, 11, effective July 1; (3)(g) and (3)(h) added, p. 921, § 4, effective January 1, 2007. L. 2009: (1)(c) and (18)(d) amended, (SB 09-274), ch. 955, p. 955, § 8, effective May 1; (21) amended, (SB 09-002), ch. 277, p. 1242, § 1, effective May 19; (24) amended, (HB 09-1036), ch. 1601, p. 1601, § 1, effective July 1; (4), (5), and (6)(a) amended, (HB 09-1026), ch. 1268, p. 1268, § 29, effective October 1; (18)(d) amended, (HB 09-1026), ch. 1268, p. 1268, § 30, effective July 1, 2010. L. 2010: (18)(d)(I) amended, (HB 10-1387), ch. 890, p. 890, § 7, effective May 5; (18)(d)(I) amended, (HB 10-1341), ch. 1336, p. 1336, § 1, effective May 26; (2), IP(9), IP(10)(a), (10)(b), (10)(c), (11), (14), and (17)(a) amended and (23) repealed, (SB 10-212), ch. 412, pp. 2036, 2032, § 12, 1, effective July 1; (14) and (15) amended, (HB 10-1172), ch. 1491, p. 1491, § 11, effective October 1. L. 2011: IP(18)(d)(I) amended, (HB 11-1182), ch. 387, p. 387, § 1, effective April 22; (1)(b)(II) repealed, (HB 11-1004), ch. 475, p. 475, § 2, effective August 10; (12) amended, (HB 11-1198), ch. 425, p. 425, § 24, effective August 10. L. 2012: (18)(d)(I) amended, (HB 12-1216), ch. 80, p. 267, § 6, effective July 1; (19)(a)(I) amended and (19)(a)(IV) repealed, (SB 12-034), ch. 362, p. 362, § 1, effective August 8. L. 2013: (25) added, (HB 13-1110), ch. 1064, p. 1064, § 12, effective January 1, 2014. L. 2014: (25)(c)(II) amended, (HB 14 -1027), ch. 88, p. 88, § 1, effective February 19; (18)(d)(I) amended, (SB 14-194), ch. 1551, p. 1551, § 19, effective June 5; (24) amended, (SB 14-123), ch. 946, p. 946, § 3, effective August 6. L. 2017: (18)(d)(I), IP(19)(a), (19)(a)(I), (19)(a)(II), (24), (25)(a), and (25)(b) amended, (HB 17 -1107), ch. 369, p. 369, § 17, effective August 9. L. 2018: (18)(d)(I) amended, (SB 18-253), ch. 1799, p. 1799, § 3, effective May 29. L. 2019: (25)(c) repealed, (HB 19-1298), ch. 3438, p. 3438, § 2, effective August 2. L. 2021: (25)(a) and (25)(b) amended and (25)(a.5), (25)(a.6), (25)(a.7), (25)(a.8), and (25)(a.9) added, (SB 21-260), ch. 250, p. 1407, § 26, effective June 17; (25)(b) amended, (HB 21-1141), ch. 339, p. 2198, § 5, effective September 7.

(1) This section is similar to former § 42-3-134 as it existed prior to 2005.

(2) Subsection (13) was originally numbered as § 42-3-134(21)(a), and the amendments to it in Senate Bill 05-041 were harmonized with § 42-3-304(13) as it appears in House Bill 05-1107. Subsection (18)(c) was originally numbered as § 42-3-134(26)(c), and the amendments to it in House Bill 05-1268 were harmonized with and relocated to § 42-3-304(18)(c) as it appears in House Bill 05-1107. Subsection (18)(d)(I) was originally numbered as § 42-3-134(26)(d)(I), and the amendments to it in Senate Bill 05-041 were harmonized with and relocated to § 42-3-304(18)(d)(I) as it appears in House Bill 05-1107.

(3) Amendments to subsection (18)(d) by Senate Bill 09-074 and House Bill 09-1026 were harmonized.

(4) Section 137 of Senate Bill 09-292 changed the effective date of subsections (4), (5), and (6)(a) from July 1, 2010, to October 1, 2009, and subsection (18)(d) from October 1, 2009, to July 1, 2010.

(5) Amendments to subsection (18)(d)(I) by House Bill 10-1387 and House Bill 10-1341 were harmonized.

(6) Amendments to subsection (14) by Senate Bill 10-212 and House Bill 10-1172 were harmonized.

(7) Subsection (18)(d)(I)(A) provided for the repeal of subsection (18)(d)(I)(A), effective July 1, 2019. (See L. 2018, p. 1799.)

(8) Amendments to subsection (25)(b) by HB 21-1141 and SB 21-260 were harmonized.

(9) Section 7(3) of chapter 339 (HB 21-1141), Session Laws of Colorado 2021, provides that the act amending subsection (25)(b) takes effect only if SB 21-260 (chapter 250) becomes law and takes effect either upon the effective date of HB 21-1141 or SB 21-260, whichever is later. SB 21-260 became law and took effect June 17, 2021, and HB 21-1141 became law and took effect September 7, 2021.

2022 Ch. 475, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

2022 Ch. 361, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

2022 Ch. 63, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

(1) For Public Law 663, 79th Congress, as amended, and Public Law 187, 82nd Congress, as amended, see 60 Stat. 915 and 65 Stat. 574, respectively, and 38 U.S.C. §§3901 to 3905. (2) For the legislative declaration contained in the 2006 act amending subsections (19)(a)(I), (19)(a)(II), and (19)(d) and enacting subsection (19)(a)(IV), see section 1 of chapter 225, Session Laws of Colorado 2006. For the legislative declaration in the 2011 act repealing subsection (1)(b)(II), see section 1 of chapter 136, Session Laws of Colorado 2011. For the legislative declaration in the 2013 act adding subsection (25), see section 1 of chapter 225, Session Laws of Colorado 2013. For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021. For the legislative declaration in HB 21-1141, see section 1 of chapter 339, Session Laws of Colorado 2021.