CO Code § 43-4-207 (2021)
2021 Colorado Code|Title 43 - Transportation|Article 4 - Financing|Part 2 - Highway Users Tax Fund|§ 43-4-207. County Allocation

  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.    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:     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. (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.    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.       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:   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.    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.    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).    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.       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.    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).    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).       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.      History. 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. History. 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.    Editor's note:   Amendments to subsection (1) by Senate Bill 93-74 and House Bill 93-1342 were harmonized.   Cross references:   For the legislative declaration in the 2013 act amending subsection (1), see section 1 of chapter 138, Session Laws of Colorado 2013. For the legislative declaration in SB 18-001, see section 1 of chapter 353, Session Laws of Colorado 2018.