Colorado § 42-3-208 - Special plates - qualifications for issuance of special license plates.

§ 42-3-208. Special plates - qualifications for issuance of special license plates.

(1) The following special license plates created by rule by the department under section 42-3-207, as it existed when the plates were created, are subject to the following requirement:

(a) Repealed.

(b) The department or an authorized agent shall not issue a raptor education special license plate to an applicant until such applicant has provided to the department or an authorized agent sufficient evidence to demonstrate that the applicant is a member in good standing of the raptor education foundation and qualified by such foundation to receive a special license plate or the applicant is a member of the rocky mountain raptor program and qualified by such program to receive a special license plate.

(c) (Deleted by amendment, L. 2008, p. 228, § 1, effective August 5, 2008.)

(d) Repealed.

(e) (I) The "10th mountain division" license plate is hereby converted to a "support the 10th mountain division" license plate. The department shall place the word "support" prominently on the plate to indicate that the owner supports the 10th mountain division. When the registration of a motor vehicle assigned a "10th mountain division" license plate expires, the department shall replace the plate with a "support the 10th mountain division" license plate unless the owner qualifies for a "10th mountain division" license plate under section 42-3-213. The department shall not charge the fees imposed in section 42-3-207 or section 42-3-312 to replace the current "10th mountain division" license plate with the "support the 10th mountain division" license plate.

(II) The department shall not issue a "support the 10th mountain division" license plate unless an applicant provides a certificate issued by the 10th mountain division foundation, inc., or a successor organization, confirming that the person meets the qualifications established by the foundation for the license plate. The 10th mountain division foundation, inc., may require specific levels of contributions to a 10th-mountain-division grant fund of not less than fifteen dollars and not more than one hundred dollars to qualify for the plate.

(III) On or after January 1, 2016, the department shall not renew the registration of a "support the 10th mountain division" license plate that was issued after August 6, 2014, unless the person meets the qualifications established by the 10th mountain division foundation, inc., or a successor organization, to renew the license plate. The 10th mountain division foundation, inc., may require specific levels of contributions to a 10th-mountain-division grant fund of not less than fifteen dollars and not more than one hundred dollars to renew the plate.

(IV) (A) The 10th Mountain Division Foundation, Inc., or its successor organization shall award grants from the 10th-mountain-division grant fund to fund programs, activities, and events that support veterans and preserve and promote the history and spirit of public service of the 10th mountain division.

(B) The 10th Mountain Division Foundation, Inc., or its successor organization shall file an annual statement verifying that it is a nonprofit organization. The statement is made under penalty of perjury with the department.

(C) If the department gives at least seven days' notice, the department of revenue may audit, during normal business hours, the records and books of the 10th mountain division foundation, inc., concerning the 10th-mountain-division grant fund. The audit must take place where the records are normally kept or at a place agreeable to both the department and the foundation.

(2) (Deleted by amendment, L. 2008, p. 228, § 1, effective August 5, 2008.)

(3) Special license plates subject to the requirements of this section shall be retired, effective January 1, 2009, unless such plates are issued to at least three thousand vehicles.

(4) The department shall issue firefighter license plates, created by rule by the department under section 42-3-207 as it existed when the plates were created, for motorcycles, passenger cars, trucks, or noncommercial or recreational motor vehicles that do not exceed sixteen thousand pounds empty weight.

Source: L. 2005: Entire article amended with relocations, p. 1113, § 2, effective August 8. L. 2007: IP(1) amended, p. 1574, § 10, effective July 1. L. 2008: (1)(c) and (2) amended and (3) added, p. 228, § 1, effective August 5. L. 2009: (1)(b) amended, (SB 09-175), ch. 226, p. 1027, § 1, effective July 1. L. 2012: (1)(a) and (1)(d) repealed, (SB 12-007), ch. 88, p. 289, § 2, effective April 6. L. 2014: IP(1) amended and (1)(e) added, (HB 14-1089), ch. 189, p. 705, § 1, effective August 6. L. 2015: (4) added, (HB 15-1004), ch. 61, p. 148, § 1, effective August 5.

Editor's note: This section is similar to former § 42-3-117.5 as it existed prior to 2005.

ANNOTATION

2009 amendment to this section held unconstitutional. By expanding the class of persons eligible to receive special license plates covered by an existing contract between the state and the raptor education foundation, the legislation violated the contracts clauses of the state and federal constitutions. Raptor Educ. Found., Inc. v. State, 2012 COA 219, 296 P.3d 352.