Colorado § 42-1-210 - Authorized agents - legislative declaration - fee.

§ 42-1-210. Authorized agents - legislative declaration - fee.

(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.

ANNOTATION

One purpose of this section and §§ 42-1-211, 42-3-104, 42-3-105, and 42-3-107 to 42-3-110 is to add security to motor vehicle titles. Bd. of Comm'rs v. Morris, 104 Colo. 139, 89 P.2d 248 (1939).

Authority of clerk is not a personal right or privilege. The authority to make registrations, give examinations, collect specific ownership taxes, and receive the statutory fees provided therefor, is conferred upon the county clerk and recorder, not in his individual capacity but by virtue of his office. The authority follows the office, and is by no means a personal right or privilege of the incumbent. Flanders v. Kochenberger, 118 Colo. 104, 193 P.2d 281 (1948).