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Second Regular Session
Sixty-first General Assembly
LLS NO. 980325.01 MCV
SENATE BILL 98084
STATE OF COLORADO
BY SENATORS Mutzebaugh and Ament;
also REPRESENTATIVE Kaufman.
A BILL FOR AN ACT
CONCERNING APPOINTMENT OF MOTOR VEHICLE DEALERS AS
AUTHORIZED AGENTS OF THE DEPARTMENT OF REVENUE REGARDING MOTOR
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Authorizes a county clerk and recorder or the Denver
manager of revenue to designate one or more licensed motor vehicle
dealers in the county as authorized agents of the department of
revenue for the registration and titling of motor vehicles, subject
to the approval of such appointment by the executive director
of the department. Requires an appointed dealer to administer
the registration and title provisions of the statutes as required
by the dealer's appointment and by the approval of such appointment
by the executive director. Directs the department to establish
minimum specifications and standards for dealers acting as designated
agents of the department. Provides that a dealer appointed as
an authorized agent is responsible for all costs and expenses
of operation as an authorized agent and serves without any fees.
Provides that the taxes and fees for services of a dealer as
an authorized agent are the same as the usual taxes and fees for
such services. Requires a dealer acting as an authorized agent
to collect the taxes and fees for such services and to transmit
the moneys collected to the department of revenue or the county
clerk and recorder.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 421102 (5), Colorado Revised Statutes, is amended to read:
421102. Definitions. As used in articles 1 to 4 of this title, unless the context otherwise requires:
(5) "Authorized agent" means:
(a) The officer of a county or city and county designated by law to issue annual registrations of vehicles and to collect any registration or license fee imposed thereon by law; OR
(b) ONE OR MORE LICENSED DEALERS WHO ARE APPOINTED AT THE OPTION OF AN OFFICER DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (5) AND WHO ARE APPROVED AS AUTHORIZED AGENTS BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT PURSUANT TO SECTION 421210 (1) (b).
SECTION 2. 421210 (1), Colorado Revised Statutes, is amended to read:
421210. County clerk and
recorders and manager of revenue as agents legislative
declaration. (1) (a) The
county clerk and recorder in each county in the state of Colorado,
and in the city and county of Denver the manager of revenue, is
hereby designated as the authorized agent of the department for
the administration of the provisions of articles 3 and 6 of this
title relating to registrations of motor vehicles in such county;
and for the enforcement of the provisions of section 426139
relating to the registering and titling of motor vehicles in such
county; and for the enforcement of the provisions of section 3829120,
C.R.S., relating to the titling of manufactured homes; but any
such authorized agent in a county has the power to appoint and
employ such motor vehicle registration and license clerks as are
actually necessary in the issuance of motor vehicle licenses and
shall retain for the purpose of defraying such expenses, including
mailing, a sum equal to one dollar per paid motor vehicle registration
and registration requiring a metallic plate, plates, or validation
tab or sticker as provided in section 423113. This
fee of one dollar shall apply to every registration of a motor
THAT is designed primarily to be operated or drawn on any highway
of this state, except such vehicles as are specifically exempted
from payment of any registration fee by the provisions of article
3 of this title, and shall be in addition to the annual registration
fee prescribed by law for such vehicle. Such fee of one dollar,
when collected by the department, shall be credited to the same
fund as registration fees collected by the department. The county
clerk and recorders and the manager of revenue in the city and
county of Denver so designated as the authorized agents of the
department, as provided in this section, shall serve as such authorized
agents under the provisions of this part 2 without additional
remuneration or fees, except as otherwise provided in articles
1 to 6 of this title.
(b) (I) THE COUNTY CLERK AND RECORDER OF A COUNTY OR THE MANAGER OF REVENUE OF THE CITY AND COUNTY OF DENVER MAY, AT SUCH OFFICER'S OPTION, APPOINT ONE OR MORE LICENSED DEALERS LOCATED WITHIN THE COUNTY OR CITY AND COUNTY AS AUTHORIZED AGENTS OF THE DEPARTMENT, UPON APPROVAL OF SUCH DEALERS BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT. A DEALER APPOINTED AS AN AUTHORIZED AGENT SHALL ADMINISTER THE PROVISIONS OF ARTICLES 3 AND 6 OF THIS TITLE RELATING TO MOTOR VEHICLE REGISTRATIONS AND TITLES AS DIRECTED IN THE APPOINTMENT AND IN THE APPROVAL OF SUCH APPOINTMENT BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT. DEALERS APPOINTED AS AUTHORIZED AGENTS UNDER THIS PARAGRAPH (b) ARE NOT AUTHORIZED TO ACT AS AUTHORIZED AGENTS IN THE ENFORCEMENT OF THE PROVISIONS OF SECTION 426139 RELATING TO THE REGISTERING AND TITLING OF MOTOR VEHICLES OR IN THE ENFORCEMENT OF THE PROVISIONS OF SECTION 3829120, C.R.S., RELATING TO THE TITLING OF MANUFACTURED HOMES. DEALERS APPOINTED AND APPROVED AS AUTHORIZED AGENTS UNDER THIS PARAGRAPH (b) SHALL BE RESPONSIBLE FOR ALL COSTS AND EXPENSES CONNECTED WITH OPERATIONS AS AUTHORIZED AGENTS AND SHALL SERVE WITHOUT ANY FEES.
(II) THE TAXES AND FEES COLLECTED FOR ANY SERVICE RELATING TO REGISTRATION AND TITLING OF A MOTOR VEHICLE THAT IS PROVIDED BY A DEALER ACTING AS AN AUTHORIZED AGENT SHALL BE THE USUAL TAXES AND FEES IMPOSED BY STATUTE FOR SUCH SERVICE. THE DEALER SHALL COLLECT ALL SUCH TAXES AND FEES AND TRANSMIT THE MONEYS COLLECTED TO THE DEPARTMENT OR TO THE COUNTY CLERK AND RECORDER OR MANAGER OF REVENUE AS AUTHORIZED AGENT OF THE DEPARTMENT. SUCH TAXES AND FEES SHALL BE APPORTIONED AS REQUIRED BY STATUTE.
(III) THE DEPARTMENT SHALL ESTABLISH MINIMUM SPECIFICATIONS AND STANDARDS TO EFFECTUATE THE PROVISIONS OF THIS PARAGRAPH (b). SUCH SPECIFICATIONS AND STANDARDS SHALL INCLUDE SPECIFICATIONS FOR THE USE OF THE DISTRIBUTIVE DATA PROCESSING SYSTEM CREATED BY SECTION 421211. THE DEPARTMENT SHALL APPLY THE SPECIFICATIONS AND STANDARDS WHEN DETERMINING WHETHER TO APPROVE THE APPOINTMENT OF A DEALER AS AN AUTHORIZED AGENT.
SECTION 3. Effective date applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
(2) The provisions of this act shall apply to the registration and titling of motor vehicles on or after the applicable effective date of this act.