42-3-101. Legislative declaration.

Statute text

(1) The general assembly declares that its purpose in enacting this article is to implement by law the purpose and intent of section 6 of article X of the state constitution, wherein it is provided that "The general assembly shall enact laws classifying motor vehicles and also wheeled trailers, semitrailers, trailer coaches, and mobile and self-propelled construction equipment, prescribing methods of determining the taxable value of such property, and requiring payment of a graduated annual specific ownership tax thereon, which tax shall be in lieu of all ad valorem taxes upon such property; ...".

(2) The general assembly further declares that it intends to classify in this article the personal property so specified, to prescribe methods by which the taxable value of such classified property shall be determined, to require payment of a graduated annual specific ownership tax upon each item of such classified personal property, and to provide for the administration and collection of such tax, and for the apportionment and distribution of the revenue derived therefrom.

History

Source: L. 2005: Entire article amended with relocations, p. 1071, 2, effective August 8.

Annotations

 

ANNOTATION

Annotations

Annotator' s note. Since 42-3-101 is similar to 42-3-101 as it existed prior to the 2005 amendment to article 3 of title 42, which resulted in the relocation of provisions, a relevant case construing a former provision similar to that section has been included in the annotations to this section.

The registration of vehicles is primarily a taxing scheme whereby the owner of a vehicle is assessed an annual fee in lieu of an ad valorem tax on his vehicle. Sifuentes v. Weed, 186 Colo. 109, 525 P.2d 1157 (1974).

Taxing scheme applies to vehicles to be operated on Colorado highways. The taxing scheme applies, with some exceptions, to all vehicles which are owned by Colorado residents and are primarily designed to be operated on Colorado highways. Sifuentes v. Weed, 186 Colo. 109, 525 P.2d 1157 (1974).

If the vehicle is not to be operated on Colorado highways, the owner is not required to pay the ownership tax. Sifuentes v. Weed, 186 Colo. 109, 525 P.2d 1157 (1974).

The law is designed to be equitable. Sifuentes v. Weed, 186 Colo. 109, 525 P.2d 1157 (1974).

The taxing scheme is equitably tailored to tax those who have an opportunity to operate a vehicle on Colorado highways. Sifuentes v. Weed, 186 Colo. 109, 525 P.2d 1157 (1974).

Plaintiff not deprived of property right by enforcement of law. Sifuentes v. Weed, 186 Colo. 109, 525 P.2d 1157 (1974).

Taxing scheme implemented by 42-3-115. Sifuentes v. Weed, 186 Colo. 109, 525 P.2d 1157 (1974).