(1) After paying the costs of the Colorado
state patrol and any other costs of the department, exclusive of highway
construction, highway improvements, or highway maintenance, that are
appropriated by the general assembly, the money, including money transferred
from the general fund to the highway users tax fund pursuant to section 24-75-219
(5)(a)(II) and (5)(b)(II), that section 43-4-205 requires to be paid from the highway
users tax fund to the county treasurers of the respective counties shall be paid to
the county treasurers of the respective counties, subject to annual appropriation by
the general assembly, and shall be allocated and expended as provided in this
section. The money received is allocated to the counties as provided by law and
shall be expended by the counties only on the construction, engineering,
reconstruction, maintenance, repair, equipment, improvement, and administration
of the county highway systems and any other public highways, including any state
highways, together with acquisition of rights-of-way and access rights for the
same, for the planning, designing, engineering, acquisition, installation,
construction, repair, reconstruction, maintenance, operation, or administration of
transit-related projects, including, but not limited to, designated bicycle or
pedestrian lanes of highway and infrastructure needed to integrate different
transportation modes within a multimodal transportation system, and for no other
purpose; except that money received pursuant to section 43-4-205 (6.3) shall be
expended by the counties only for road safety projects, as defined in section 43-4-803 (21). The amount expended for administrative purposes shall not exceed five
percent of each county's share of the funds available.
(2) For the fiscal year commencing July 1, 1989, and each fiscal year
thereafter, for the purpose of allocating money in the highway users tax fund to the
various counties throughout the state, the following method is adopted:
(a) (I) The first sixty-nine million seven hundred thousand dollars or any
portion thereof shall be allocated to the counties in such a manner that each county
receives the same allocation that it received for the fiscal year 1987-88.
(II) The next seventeen million dollars or any portion thereof shall be
allocated to the following seventeen counties in the following percentages: Adams,
9.5718; Alamosa, 1.1598; Arapahoe, 12.6560; Boulder, 7.3571; Douglas, 3.5148; El
Paso, 13.0552; Jefferson, 14.9666; La Plata, 2.0733; Larimer, 7.9978; Lincoln,
1.8866; Logan, 2.0334; Mesa, 4.3285; Morgan, 2.9915; Otero, 1.6843; Pueblo,
4.6096; Rio Grande, 1.3384; and Weld, 8.7753.
(b) All money credited to the fund in excess of eighty-six million seven
hundred thousand dollars and all money transferred to the fund pursuant to section
24-75-219 (5)(a)(II) and (5)(b)(II) that is required by section 43-4-205 (6.4)(a) and
subsection (1) of this section to be paid to the county treasurers of the respective
counties is allocated to the counties in the following manner:
(I) Fifteen percent shall be allocated to the counties in proportion to the rural
motor vehicle registration in each county. The term rural motor vehicle
registration includes all passenger, truck, truck-tractor, and motorcycle
registrations in unincorporated portions of the county. The number of registrations
used in computing the percentage shall be those certified to the state treasurer by
the department of revenue as constituting the rural motor vehicle registration for
the last preceding year.
(II) Fifteen percent shall be allocated to the counties in proportion to the
countywide motor vehicle registration in each county. The term countywide motor
vehicle registration includes all passenger, truck, truck-tractor, and motorcycle
registrations in unincorporated portions of the county and in cities and incorporated
towns. The number of registrations used in computing the percentage shall be
those certified to the state treasurer by the department of revenue as constituting
the countywide motor vehicle registration for the last preceding year.
(III) Sixty percent shall be allocated to counties in proportion to the adjusted
lane miles of open, used, and maintained county roads in each county, excepting
mileage of state highways and municipal streets. A lane mile shall be measured by
each ten-foot width of traveled roadway surface, or fractional lane mile thereof.
The adjusted lane miles shall be determined by applying to the existing lane miles
of county roads in each county a factor of difficulty. The lane miles, the adjusted
lane miles, and the factor representing the difficulty of construction and
maintenance in the various counties in the state by reason of terrain shall be
determined by the department of transportation as provided in paragraphs (c), (d),
and (e) of this subsection (2).
(IV) Ten percent shall be allocated to counties in proportion to the square
feet of bridge deck for bridges greater than twenty feet in length in each county, as
certified by the department of transportation.
(c) The percentage of area in each county classified as plains, plains
rolling and irrigated, and mountainous shall be determined from an accredited
topographical map. The department of transportation shall also classify the
percentage of paved roads in each county. To the percentage indicated plains a
factor of 1.00 shall be applied. To the percentage indicated plains rolling and
irrigated a factor of 1.75 shall be applied. To the percentage indicated
mountainous a factor of 3.00 shall be applied. To the percentage indicated
paved roads a factor of 1.5 shall be applied.
(d) The department of transportation, prior to July 1 of each year, shall certify
to the state treasurer the lane mile figures, as of December 31 of the preceding
year, of the several counties, and the state treasurer shall use such lane mile
figures for the current fiscal year as the basis for the allocation mentioned in this
subsection (2).
(e) The authorized agent, as defined in section 42-1-102, in each county shall
certify to the department of revenue the number of motor vehicle licenses issued
during the preceding calendar year to persons residing within the limits of a county
and whether or not such persons reside in cities, incorporated towns, or
unincorporated portions of the county. Upon receipt of the certified information, the
department of revenue shall tabulate the total number of all motor vehicle licenses
issued during the preceding calendar year to persons residing within the limits of
the respective counties in the entire state and within the limits of each city or
incorporated town within the respective counties. The department of revenue shall
then determine the percentage that the rural motor vehicle registration in each
county bears to the total rural motor vehicle registration in the entire state and
shall then determine the percentage that the countywide motor vehicle registration
in each county bears to the total countywide rural and urban motor vehicle
registration in the entire state. On or before May 1 of each year, the department of
revenue shall certify to the state treasurer the percentage of motor vehicle
registration for each county as provided in this subsection (2)(e).
(3) For the purpose of this section, the city and county of Denver and the city
and county of Broomfield shall not be considered as counties.
Source: L. 53: p. 503, � 7. CRS 53: � 120-12-7. L. 59: p. 646, � 1. C.R.S. 1963: �
120-12-7. L. 65: p. 930, � 6. L. 71: p. 1137, � 1. L. 78: (2)(b) amended, p. 525, � 1,
effective July 1. L. 79: (1) amended, p. 1471, � 4, effective July 6; (1) amended, p. 1667,
� 142, effective July 19. L. 87: (1) amended, p. 1556, � 7, effective July 1. L. 89: (2)
R&RE, p. 1632, � 1, effective August 1. L. 89, 1st Ex. Sess.: (1) amended, p. 66, � 24,
effective August 1. L. 90: (2)(b)(III) amended, p. 1829, � 3, effective July 1. L. 91: (2)(b)(III), (2)(b)(IV), (2)(c), and (2)(d) amended, p. 1126, � 201, effective July 1. L. 93: (1)
amended, p. 1518, � 22, effective June 6; (1) amended, p. 1799, � 109, effective June
6. L. 2000: (2)(b)(I), (2)(b)(II), and (2)(e) amended, p. 1652, � 49, effective June 1. L.
2001: (3) amended, p. 273, � 29, effective November 15. L. 2003: (1) amended, p.
1703, � 13, effective May 14. L. 2009: (1) amended, (SB 09-108), ch. 5, p. 55, � 20,
effective March 2. L. 2013: (1) amended, (SB 13-048), ch. 138, p. 451, � 3, effective
July 1. L. 2017: (2)(e) amended, (HB 17-1107), ch. 101, p. 374, � 30, effective August 9. L. 2018: (1), IP(2), and IP(2)(b) amended, (SB 18-001), ch. 353, p. 2100, � 7, effective
May 31.