§ 42-3-301 — License plate cash fund - license plate fees - repeal

(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.

(c) (I) Notwithstanding any provision of this section to the contrary, on June
30, 2025, the state treasurer shall transfer:

(A) Forty percent of the unexpended and unencumbered balance of the
license plate cash fund to the general fund; and

(B) Forty percent of the unexpended and unencumbered balance of the
license plate cash fund to the Colorado DRIVES vehicle services account in the
highway users tax fund, created in section 42-1-211 (2).

(II) This subsection (1)(c) is repealed, effective July 1, 2026.

(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.

Legislative History

Source: 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 January 1, 2007; (2)(a)(II) amended, p. 1623, � 2, effective July 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 January 1, 2009. L. 2009: (1)(b) and (2)(a) amended, (HB 09-1133), ch. 307, p. 1654, � 1, effective August 5; (2)(a)(VIII) amended, (HB 09-1026), ch. 281, p. 1267, � 28, effective October 1. L. 2014: (1)(b) amended, (SB 14-194), ch. 346, 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. 92, p. 282, � 11, effective August 9. L. 2021: (2)(a) amended, (SB 21-069), ch. 419, p. 2782, � 5, effective September 7; (2)(b) amended, (SB 21-253), ch. 319, p. 1959, � 3, effective September 7. L. 2025: (1)(c) amended, (SB 25-293), ch. 380, p. 2114, � 1, effective June 3.