Authorized agents - legislative declaration - fee

Colo. Rev. Stat. § 42-1-210, under Vehicles and Traffic.

Colo. Rev. Stat. § 42-1-210

(1) (a) (I) Authorized agents are hereby designated as the authorized agents of the department, under direction of the executive director of the department, for the administration of articles 1, 3, 4, 6, and 12 of this title and rules adopted under those articles relating to the performance of their duties; for the enforcement of section 42-6-139 relating to the registering and titling of motor vehicles; and for the enforcement of section 38-29-120 relating to the titling of manufactured homes.

(II) [Editor's note: This version of subsection (1)(a)(II) is effective until July 1, 2027.] An authorized agent may appoint and employ such motor vehicle registration and license clerks as are actually necessary in the issuance of motor vehicle licenses and may retain for the purpose of defraying these expenses, including mailing, a sum equal to four dollars per paid motor vehicle registration and registration requiring a license plate or plates; individual temporary registration number plates; or a validation tab, sticker, decal, or certificate as provided in sections 42-3-201 and 42-3-203. This fee of four dollars applies to every registration of a motor vehicle except motor vehicles that are specifically exempted from payment of any registration fee by article 3 of this title 42, and is required in addition to the annual registration fee prescribed by law for a motor vehicle. When the department collects the fee, the department shall transfer the fee to the state treasurer, who shall credit it to the Colorado DRIVES vehicle services account created in section 42-1-211; except that, if the fee is collected by a third-party provider, the department shall transmit the fee to the authorized agent where the vehicle or special mobile machinery is registered. Authorized agents serve under this part 2 without additional remuneration or fees, except as otherwise provided in articles 1 to 6 of this title 42.

(II) [Editor's note: This version of subsection (1)(a)(II) is effective July 1, 2027.]

(A) An authorized agent may appoint and employ such motor vehicle registration and license clerks as are actually necessary in the issuance of motor vehicle licenses and may retain for the purpose of defraying these expenses, including mailing, a sum equal to four dollars per paid motor vehicle registration and registration requiring a license plate or plates; individual temporary registration number plates; or a validation tab, sticker, decal, or certificate as provided in sections 42-3-201 and 42-3-203. This fee of four dollars applies to every registration of a motor vehicle except motor vehicles that are specifically exempted from payment of any registration fee by article 3 of this title 42, and the fee is required in addition to the annual registration fee prescribed by law for a motor vehicle. The state treasurer shall credit the fee to the Colorado DRIVES vehicle services account created in section 42-1-211; except that, if the fee is collected by a third-party provider, the department shall transmit the fee to the authorized agent where the vehicle or special mobile machinery is registered. Authorized agents serve under this part 2 without additional remuneration or fees, except as otherwise provided in articles 1 to 6 of this title 42.

(B) The department shall annually adjust for inflation the fee imposed in subsection (1)(a)(II)(A) of this section; except that the department shall not raise the fee by more than five percent per year or lower the fee. Inflation is measured by the annual percentage increase in the United States department of labor's bureau of labor statistics consumer price index, or a successor index, for Denver-Aurora-Lakewood for all items paid for by urban consumers. The department may round the fee to the nearest dollar.

(b) The fee established by subsection (1)(a) of this section does not apply to a shipping and handling fee for the mailing of a license plate, individual temporary registration number plate, and certificate, decal, or validation tab or sticker pursuant to section 42-3-105 (1)(a).

(2) The general assembly hereby finds that, since it is the government that requires citizens to register, license, and undertake other actions concerning their motor vehicles, it is thus the duty of government to provide convenient and easily accessible motor vehicle services to the public.

(3) (a) An authorized agent is responsible for the preservation of title and registration paperwork processed in the agent's office until each document has been converted to a digital image and verified by the department.

(b) The department is responsible for the preservation of title and registration paperwork digitally stored in Colorado DRIVES.

Source: L. 94: Entire title amended with relocations, p. 2108, � 1, effective January 1, 1995. L. 97: Entire section amended, p. 1053, � 5, effective September 1. L. 98: (1) amended, p. 136, � 1, effective March 30; (1) amended, p. 1019, � 2, effective May 27. L. 2000: (1)(b) amended, p. 824, � 1, effective May 24. L. 2001: (1)(a) amended, p. 269, � 18, effective November 15. L. 2003: (1)(a) amended, p. 562, � 3, effective July 1. L. 2005: (1)(a) and (1)(b) amended, p. 1171, � 4, effective August 8. L. 2007: (1)(a) amended, p. 976, � 1, effective September 1. L. 2017: (1) amended and (3) added, (HB 17-1107), ch. 101, p. 359, � 3, effective August 9. L. 2018: (1)(a)(II) amended, (HB 18-1299), ch. 297, p. 1809, � 3, effective July 1, 2019. L. 2025: (1)(a)(II) amended, (HB 25-1189), ch. 395, p. 2226, � 1, effective July 1, 2027.

Editor's note: (1) Amendments to subsection (1) by House Bill 98-1064 and House Bill 98-1070 were harmonized.

(2) Section 7(2) of chapter 395 (HB 25-1189), Session Laws of Colorado 2025, provides that the act changing this section applies to titles issued and fees incurred on or after July 1, 2027.

Cross references: For the legislative declaration contained in the 1997 act amending this section, see section 1 of chapter 201, Session Laws of Colorado 1997.

42-1-211. Driver's license, record, identification, and vehicle enterprise solution - DRIVES vehicle services account - Colorado DRIVES county governance committee - definition - repeal. (1) The department is hereby authorized to coordinate the management of a statewide system, referred to as Colorado DRIVES. The department shall provide the necessary hardware, software, and support and training to aid the authorized agents in the performance of their duties.

(1.5) and (1.7) Repealed.

(1.9) (a) In accordance with section 24-21-521 (2), the department of revenue and the department of state shall allow for the exchange of information on legal names and signatures between the systems used by the department of revenue and the notary public filing system maintained by the department of state for the purpose of electronic filing of notary applications and renewals.

(b) For purposes of this subsection (1.9), systems used by the department of revenue means Colorado DRIVES.

(2) [Editor's note: This version of subsection (2) is effective until July 1, 2027.]

(a) The Colorado DRIVES vehicle services account is created in the highway users tax fund for the purpose of providing funds for the development and operation of Colorado DRIVES, including operations performed under articles 2, 3, 4, 6, 7, and 12 of this title 42, to cover the costs of administration and enforcement of the motorist insurance identification database program created in section 42-7-604, and to purchase and issue license plates, decals, and validating tabs in accordance with article 3 of this title 42. Money received from the fees imposed by sections 38-29-138 (1), (2), (4), and (5), 42-1-206 (2)(a), 42-1-210 (1)(a)(II), 42-1-231, 42-1-233 (3)(b), 42-2-107 (1)(a)(I), 42-2-114 (2)(b), (2)(c)(I), (2)(c)(II), (2)(e), and (4)(a), 42-2-114.5 (1), 42-2-117 (1), 42-2-118 (1)(b)(I)(C) and (1.5)(b), 42-2-133 (2), 42-2-306 (2), 42-2-406 (1), (2), (3)(d), and (6), 42-2-508 (1), 42-3-107 (22), 42-3-213 (1)(b)(IV), 42-3-304 (18)(d)(I)(B), 42-3-306 (14), 42-3-312, 42-3-313 (2)(c)(I), 42-6-110 (1.7)(c), 42-6-137 (1), (2), (4), (5), and (6), and 42-6-138 (1)(a), (2), and (4) and any money received through gifts, grants, and donations to the account from private or public sources for the purposes of this section, shall be credited by the state treasurer to the Colorado DRIVES vehicle services account. The general assembly shall appropriate annually the money in the account for the purposes of this subsection (2). If any unexpended and unencumbered money remains in the account at the end of a fiscal year, the balance remains in the account and is not transferred to the general fund or any other fund.

(b) (I) For state fiscal years commencing on or before July 1, 2024, and on or after July 1, 2026, the state treasurer shall credit all interest and income derived from the Colorado DRIVES vehicle services account to the Colorado DRIVES vehicle services account.

(II) Notwithstanding subsection (2)(a) of this section, for the state fiscal year commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the Colorado DRIVES vehicle services account to the general fund.

(III) (A) On June 30, 2025, the state treasurer shall transfer nine hundred ninety-four thousand nine hundred forty-five dollars from the Colorado DRIVES vehicle services account to the general fund.

(B) This subsection (2)(b)(III) is repealed, effective July 1, 2026.

(2) [Editor's note: This version of subsection (2) is effective July 1, 2027. For the applicability of subsection (2) on or after January 1, 2028, see the editor's note following this section.]

(a) The Colorado DRIVES vehicle services account is created in the highway users tax fund for the purpose of providing funds for the development and operation of Colorado DRIVES, including operations performed under articles 2, 3, 4, 6, 7, and 12 of this title 42, to cover the costs of administration and enforcement of the motorist insurance identification database program created in section 42-7-604, and to purchase and issue license plates, decals, and validating tabs in accordance with article 3 of this title 42. Money received from the fees imposed by sections 38-29-138 (1), (2), (4), and (5), 42-1-206 (2)(a), 42-1-210 (1)(a)(II), 42-1-231, 42-1-233 (3)(b), 42-2-107 (1)(a)(I), 42-2-114 (2)(b), (2)(c)(I), (2)(c)(II), (2)(e), and (4)(a), 42-2-114.5 (1), 42-2-117 (1), 42-2-118 (1)(b)(I)(C) and (1.5)(b), 42-2-133 (2), 42-2-306 (2), 42-2-406 (1), (2), (3)(d), and (6), 42-2-508 (1), 42-3-107 (22), 42-3-213 (1)(b)(IV), 42-3-304 (18)(d)(I)(B), 42-3-306 (14), 42-3-312, 42-3-313 (2)(c)(I), 42-3-315, 42-6-110 (1.7)(c), 42-6-137 (1), (2), (4), (5), and (6), and 42-6-138 (1)(a), (2), and (4) and any money received through gifts, grants, and donations to the account from private or public sources for the purposes of this section, shall be credited by the state treasurer to the Colorado DRIVES vehicle services account. The general assembly shall appropriate annually the money in the account for the purposes of this subsection (2). If any unexpended and unencumbered money remains in the account at the end of a fiscal year, the balance remains in the account and is not transferred to the general fund or any other fund.

(b) (I) For state fiscal years commencing on or before July 1, 2024, and on or after July 1, 2026, the state treasurer shall credit all interest and income derived from the Colorado DRIVES vehicle services account to the Colorado DRIVES vehicle services account.

(II) Notwithstanding subsection (2)(a) of this section, for the state fiscal year commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the Colorado DRIVES vehicle services account to the general fund.

(III) (A) On June 30, 2025, the state treasurer shall transfer nine hundred ninety-four thousand nine hundred forty-five dollars from the Colorado DRIVES vehicle services account to the general fund.

(B) This subsection (2)(b)(III) is repealed, effective July 1, 2026.

(3) Repealed.

(4) (a) There is hereby created the Colorado DRIVES county governance committee. The committee consists of the following nine members:

(I) Six authorized agents appointed by the executive director of the department of revenue based on recommendations of an association representing authorized agents, which agents have the following qualifications:

(A) Two authorized agents from a category I or category II county as established in section 30-2-102 (1)(a) and (1)(b);

(B) Two authorized agents from a category III or category IV county as established in section 30-2-102 (1)(c) and (1)(d);

(C) Two authorized agents from a category V or category VI county as established in section 30-2-102 (1)(e) and (1)(f);

(II) Two employees of the department of revenue, appointed by the executive director of the department of revenue; and

(III) One employee of the governor's office of information technology who is familiar with the division of motor vehicle systems and process and who is appointed by the executive director of the governor's office of information and technology.

(b) Notwithstanding subsections (4)(a)(I)(A) to (4)(a)(I)(C) of this section, the executive director of the department of revenue may appoint, at the discretion of the executive director, an authorized agent to represent a category of county that the authorized agent is not from if an authorized agent from that category of county is not recommended or available for appointment or for other reasons as determined by the executive director.

(c) An act of the committee is void unless a majority of the appointed members has voted in favor of the act.

(d) The committee has the following powers and duties:

(I) To approve the annual operation budget proposal for the appropriations for the following categories of Colorado DRIVES:

(A) Personal services;

(B) Operating expenses;

(C) County office asset maintenance; and

(D) County office improvements;

(II) To fix the time when and place where meetings are held; and

(III) To establish subcommittees and working groups to report to the committee.

(5) and (6) Repealed.

(7) (Deleted by amendment, L. 2001, p. 815, � 3, effective July 1, 2001.)

(8) Repealed.

Source: L. 94: Entire title amended with relocations, p. 2108, � 1, effective January 1, 1995. L. 96: IP(1) and (4)(a) amended, p. 182, � 1, effective April 8. L. 2001: (1)(b) amended, p. 516, � 3, effective May 18; (8) added, p. 521, � 2, effective May 22; IP(1), (2), IP(4)(a), (4)(a)(I), (4)(a)(II), (5), and (7) amended, p. 815, � 3, effective July 1; (1)(b) and IP(4)(a) amended, p. 270, � 19, effective November 15; (4)(b) repealed, p. 516, � 4, effective January 1, 2002. L. 2002: (1.5) added, p. 1642, � 38, effective June 7. L. 2003: (1.5)(a) amended and (1.5)(c) added, p. 2080, � 17, effective May 22; (2) amended, p. 1979, � 6, effective May 22; IP(4)(a) amended, p. 563, � 4, effective July 1. L. 2005: (1.5)(c) amended, p. 18, � 3, effective July 1; (2) amended, p. 1172, � 5, effective August 8. L. 2009: (1.5)(a) amended, (HB 09-1160), ch. 263, p. 1208, � 3, effective May 15. L. 2010: (2) amended, (SB 10-055), ch. 152, p. 526, � 1, effective April 21; (1.7) added, (HB 10-1045), ch. 317, p. 1478, � 2, effective July 1, 2011. L. 2012: (1.9) added, (HB 12-1274), ch. 214, p. 924, � 11, effective August 8. L. 2014: (2) amended, (SB 14-194), ch. 346, p. 1542, � 3, effective June 5. L. 2017: (2) amended, (SB 17-176), ch. 12, p. 36, � 1, effective March 1; (1), (1.9)(b), and (2) amended and (1.5), (1.7), and (3) repealed, (HB 17-1107), ch. 101, p. 360, � 4, effective August 9; (1.9)(a) amended, (SB 17-132), ch. 207, p. 808, � 6, effective July 1, 2018 (see (4)(b) of the editor's note); (4)(a) amended, (4)(b) RC&RE, and (4)(c) and (4)(d) added, (HB 17-1107), ch. 101, p. 363, � 5, effective July 1, 2018; (5)(b) and (6)(b) added by revision, (HB 17-1107), ch. 101, pp. 363, 377, �� 5, 36. L. 2018: (2)(a) and (2)(b)(II) amended, (SB 18-253), ch. 293, p. 1798, � 1, effective May 29. L. 2022: (2) amended, (HB 22-1339), ch. 135, p. 908, � 1, effective July 1. L. 2025: (2) amended, (SB 25-317), ch. 385, p. 2166, � 51, effective June 3; (2) amended, (HB 25-1121), ch. 392, p. 2215, � 4, effective July 1, 2027.

Editor's note: (1) This section is similar to former � 42-1-210.1 as it existed prior to 1994, and the former � 42-1-211 was relocated to � 42-1-213.

(2) Amendments to subsection (1)(b) by House Bill 01-1307 and Senate Bill 01-102 were harmonized. Amendments to the introductory portion to subsection (4)(a) by Senate Bill 01-102 and House Bill 01-1100 were harmonized.

(3) Subsection (8)(b) provided for the repeal of subsection (8), effective July 1, 2002. (See L. 2001, p. 521.)

(4) The effective date for changes to subsection (1.9)(a) by Senate Bill 17-132 was changed from August 9, 2017, to July 1, 2018, by section 121 of Senate Bill 17-294. (See L. 2017, p. 1418.)

(5) Amendments to this section by SB 17-176 and HB 17-1107 were harmonized.

(6) Subsections (5)(b) and (6)(b) provided for the repeal of subsections (5) and (6), respectively, effective July 30, 2018. (See L. 2017, pp. 363, 377.)

(7) Subsections (2)(a)(II) and (2)(b)(II)(B) provided for the repeal of subsections (2)(a) and (2)(b)(II), respectively, effective July 1, 2020. (See L. 2018, p. 1798.)

(8) Amendments to subsection (2) by SB 25-317 and HB 25-1121 were harmonized, effective July 1, 2027.

(9) Section 5(2) of chapter 392 (HB 25-1121), Session Laws of Colorado 2025, provides that the act changing this section applies to registrations made on or after January 1, 2028.

Cross references: For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.

42-1-212. Consolidated data processing system - voter registration. (Repealed)

Source: L. 94: Entire title amended with relocations, p. 2110, � 1, effective January 1, 1995. L. 2001: (1) and (2)(a) amended, p. 816, � 4, effective July 1; entire section repealed, p. 516, � 5, effective January 1, 2002.