Colo. Rev. Stat. § 42-2-114

Current through 11/5/2024 election

Section 42-2-114 - License issued - voluntary disability identifier symbol - fees - rules - report - definitions

(1)

(a)

(I) The department, upon payment of the required fee and the surrender or cancellation of any previously issued Colorado identification card, shall issue to every applicant, who is not a first time applicant in Colorado or who is under eighteen years of age and is accompanied by a responsible adult meeting the requirements of section 42-2-108 (1), qualifying therefor either a driver's or minor driver's license according to the qualification for either license.

(II) The department, after payment of the required fee and the surrender or cancellation of any previously issued Colorado identification card, shall issue an instruction permit or minor driver's or driver's license to a first time applicant in Colorado only after the department completes its verification of all facts relative to such applicant's right to receive an instruction permit or minor driver's or driver's license including the age, identity, and residency of the applicant, unless such applicant is under eighteen years of age and is accompanied by a responsible adult meeting the requirements of section 42-2-108 (1). By July 1, 2002, such verification shall utilize appropriate and accurate technology and techniques. Such verification shall include a comparison of existing driver's license and identification card images in department files with the applicant's images to ensure such applicant has only one identity. Only one fee shall be assessed for the issuance of a temporary license and a subsequent minor driver's or driver's license issued as a result of the same application.

(III) Such license shall bear thereon the following:

(A) The photograph of the licensee, which shall be taken and processed with equipment leased or owned by the department;

(B) A distinguishing number assigned to the licensee;

(C) The full name, date of birth, and residence address and a brief description of the licensee;

(D) The type or general class of vehicles the licensee may drive;

(E) Any restrictions applicable to the licensee;

(F) The expiration date of the license;

(G) The official seal of the department;

(H) A reference to the previous license issued to the licensee;

(I) The usual signature of the licensee;

(J) Repealed.

(K) One or more security features that are not visible and are capable of authenticating such license and any information contained therein.

(IV) The department shall promulgate rules that shall not allow the access and use of images, unless such images are used for the following:

(A) To aid a federal, state, or local government agency in carrying out such agency's official functions pursuant to section 24-72-204 (7), C.R.S.;

(B) To aid the department to ascertain a person's correct identity; or

(C) To aid the department to prevent the issuance of multiple driver's licenses or identification cards to the same person.

(V) The department shall promulgate rules that shall not allow the access and use of image comparison technology, unless such technology is used for the following:

(A) To aid a federal, state, or local government agency in carrying out such agency's official functions pursuant to section 24-72-204 (7), C.R.S., so long as such federal, state, or local government agency has a reasonable suspicion that a crime has been committed or will be committed and a reasonable suspicion that the image requested is either the perpetrator of such crime or a victim of such crime;

(B) To aid the department to ascertain a person's correct identity when there is reasonable suspicion that the person has used a driver's license or identification card to create a false identity. Nothing in this sub-subparagraph (B) shall be construed to prohibit the department from ascertaining an applicant's correct identity upon application for a driver's license or identification card.

(C) To aid the department to prevent the issuance of multiple driver's licenses or identification cards to the same person.

(VI) Nothing in subparagraph (IV) or (V) of this paragraph (a) shall be construed to require the department to purchase or implement a system that can be used by a person who is not an employee, officer, or agent of the department to access image comparison technology.

(b)

(I) If the department issues a driver's license that contains stored information, the department shall include in the stored information only the information that is specifically referenced in subsection (1)(a) of this section, that appears in printed form on the face of the license issued by the department to the licensee, or that is any race or ethnicity information identified on the application under section 42-2-107 (2)(a)(II); except that the department shall not include in the stored information:

(A) The licensee's social security number; or

(B) The fact that the licensee has requested that a disability identifier symbol be placed on the licensee's driver's license in accordance with subsection (12) of this section.

(II) As used in this paragraph (b), "stored information" includes information that is stored on the driver's license by means of magnetic or electronic encoding, or by any other technology designed to store retrievable information.

(2)

(a) A fee is required for the issuance of a driver's license to a person twenty-one years of age or older. The department shall set the fee in accordance with section 42-2-114.5. Except as provided in subsection (3) of this section, the license expires on the applicant's birthday in the fifth year after issuance of the license.

(b) The department shall transfer the fee to the state treasurer, who shall credit the fee to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).

(c) Notwithstanding subsection (2)(b) of this section:

(I) If the driver's license is issued by the office of a county clerk and recorder in a county with a population of at least one hundred thousand individuals, the county clerk and recorder shall retain the sum set forth in subsection (2)(c)(I.5) of this section and forward the remainder to the department for transmission to the state treasurer, who shall credit the remainder of the fee to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).

(I.5) The county clerk and recorder shall retain the following amounts under subparagraph (I) of this paragraph (c):

(A) For a driver's license issued prior to July 1, 2016, eight dollars;

(B) For a driver's license issued on or after July 1, 2016, but prior to July 1, 2017, ten dollars;

(C) For a driver's license issued on or after July 1, 2017, but prior to July 1, 2018, twelve dollars; and

(D) For a driver's license issued on or after July 1, 2018, thirteen dollars.

(II) If the driver's license is issued by an office of a county clerk and recorder in a county with a population of fewer than one hundred thousand individuals, the county clerk and recorder shall retain the sum set forth in subsection (2)(c)(II.5) of this section and forward the remainder to the department for transmission to the state treasurer, who shall credit the remainder of the fee to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).

(II.5) The county clerk and recorder shall retain the following amounts under subparagraph (II) of this paragraph (c):

(A) For a driver's license issued prior to July 1, 2016, thirteen dollars and sixty cents;

(B) For a driver's license issued on or after July 1, 2016, but prior to July 1, 2017, fifteen dollars;

(C) For a driver's license issued on or after July 1, 2017, but prior to July 1, 2018, seventeen dollars; and

(D) For a driver's license issued on or after July 1, 2018, eighteen dollars.

(d) In addition to the fee established in paragraph (a) of this subsection (2), a surcharge of two dollars is added for issuance of a driver's or minor driver's license with a motorcycle endorsement. The department shall transfer the surcharge to the state treasurer, who shall credit it to the motorcycle operator safety training fund, created in section 43-5-504, C.R.S.

(e) In addition to the fee established in subsection (2)(a) of this section, a surcharge is added for issuance of a driver's or minor driver's license, or instruction permit, when an applicant retakes either the examination of knowledge of the traffic laws of this state or the demonstration of the applicant's ability to exercise ordinary and reasonable care and control in the operation of a motor vehicle. The surcharge applies regardless of whether the applicant retakes the examination or demonstration with the department or a vendor approved by the department. The department shall set the surcharge by rule in an amount to offset the direct and indirect cost of giving the failed examination or demonstration. The department shall transfer the surcharge to the state treasurer, who shall credit it to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).

(2.5) The department shall charge a fee for issuing any probationary license. Such fee shall be set by rule by the department.

(3) Driver's licenses required by the "Commercial Motor Vehicle Safety Act of 1986", Public Law 99-570, shall expire on the birthday of the applicant in the fourth year after the issuance thereof.

(4)

(a) A fee is required for the issuance of a minor driver's license, which expires twenty days after the twenty-first birthday of the licensee. The department shall set the fee in accordance with section 42-2-114.5 (2). 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 (2). In the case of the issuance of any minor driver's license by the office of the county clerk and recorder, the fee for the minor driver's license is apportioned in the same manner as for the issuance of a driver's license in accordance with subsection (2)(c) of this section.

(b) Repealed.

(5) (Deleted by amendment, L. 2007, p. 1571, § 3, effective July 1, 2007.)

(6)

(a) A photograph showing the full face of the licensee shall be affixed to every driver's license and minor driver's license issued under this section.

(b) Every minor driver's license issued shall graphically emphasize the age group of the licensee on the face of such license, as prescribed by the department.

(7) Any other provision of law to the contrary notwithstanding, no liability or other sanctions shall be imparted to any person who relies upon the date of birth or identification as set out on any license issued pursuant to this article if such date of birth or identification should be later proved incorrect or fraudulently entered upon said license.

(8) Repealed.

(9) Notwithstanding the amount specified for any fee in this section, the executive director of the department by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the department by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.

(10)

(a) At the applicant's voluntary request, the department shall issue a driver's license bearing an identifier of a branch of the United States armed forces, such as "Marine Corps", "Navy", "Army", "Air Force", "Space Force", or "Coast Guard", if the applicant possesses a currently valid military identification document, a DD214 form issued by the United States government, or any other document accepted by the department that demonstrates that the applicant is an active member or a veteran of the branch of service that the applicant has requested be placed on the driver's license. The applicant shall not be required to provide documentation that the applicant is an active member or a veteran of a branch of the United States armed forces to renew or be reissued a driver's license bearing an identifier issued pursuant to this subsection (10). The department shall not place more than one branch of the United States armed forces identifier on an applicant's driver's license.

(b) and (c) Repealed.

(11)

(a) Upon the applicant presenting a DD214 form issued by the United States government or any other document accepted by the department that demonstrates that the applicant is a veteran of the United States armed forces, the department shall print the word "Veteran" on the driver's license.

(b) The holder of a driver's license bearing the word "Veteran" need not present documentation that the holder is a veteran of the United States armed forces to renew or reissue the driver's license.

(c) The department shall not issue a driver's license bearing the word "Veteran" if the applicant's documentation shows that the applicant received a dishonorable discharge.

(12)

(a)

(I) At an applicant's request, and upon completion of the application pursuant to subsection (12)(a)(II)(A) of this section, the department shall issue to the applicant a driver's license bearing a disability identifier symbol if the applicant has a disability as defined in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and the disability interferes with the person's ability to effectively communicate with a peace officer.

(II)

(A) The department shall promulgate a rule creating an application and renewal form that is signed by a professional, under penalty of perjury, to affirm that an applicant meets the eligibility requirements for a disability identifier symbol and setting out the penalties for authorizing a disability identifier symbol before verifying that the applicant has a disability that interferes with the applicant's ability to effectively communicate with a peace officer.

(B) As used in this subsection (12)(a)(II), "professional" means a physician licensed to practice medicine under article 240 of title 12 or practicing medicine under section 12-240-107 (3)(i), a physician assistant licensed under section 12-240-113, a mental health professional licensed or certified pursuant to article 245 of title 12, an advanced practice registered nurse registered under section 12-255-111, a person with a master's degree in rehabilitation counseling, or a physician, physician assistant, mental health professional, or advanced practice registered nurse authorized to practice professionally by another state that shares a common border with Colorado.

(b) The disability identifier symbol placed on a driver's license in accordance with this subsection (12) must be discreet and must represent all types of disabilities, including cognitive disabilities, neurological diversities, mental health disorders, sensory needs, chronic illness, chronic pain, and physical disabilities. The department shall develop the symbol by rule.

(c) The department shall not charge a fee for placing a disability identifier symbol on a driver's license.

(d) The department shall notify peace officers in Colorado about the voluntary disability identifier symbol created in this subsection (12), noting that the symbol is not the exclusive or only determination of disability, and directing peace officers to relevant P.O.S.T. curriculum resources, including training in recognizing persons with disabilities, appropriate interactions with persons with disabilities, resources available to persons with disabilities and to those interacting with persons with disabilities, and the requirements of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended.

(e) A person may choose to no longer have the disability identifier symbol on the person's driver's license. The department shall issue a person a new driver's license without a disability identifier symbol at the request of the person. The department shall not charge a fee for the issuance of a new driver's license without the disability identifier symbol. The department shall not retain any information regarding a person's disability when the person chooses to remove the disability identifier symbol from the person's driver's license.

(f) By January 15, 2023, and each year thereafter, the department shall report to the house of representatives health and insurance committee and transportation and local government committee and the senate health and human services committee and transportation and energy committee, or their successor committees, on the percentage of persons issued a driver's license who have requested a disability identifier symbol issued in accordance with this subsection (12) in the previous calendar year.

C.R.S. § 42-2-114

Amended by 2022 Ch. 135, § 9, eff. 7/1/2022.

Amended by 2021 Ch. 406, § 2, eff. 7/1/2022.

Amended by 2021 Ch. 206, § 13, eff. 5/28/2021.

L. 94: (1) and (4) amended, p. 1452, § 1, effective May 25; (2)(a) amended, p. 539, § 1, effective July 1; entire title amended with relocations, p. 2123, § 1, effective 1/1/1995. L. 98: (2.5) added, p. 1101, § 21, effective June 1; (9) added, p. 1351, § 94, effective June 1. L. 2000: (1)(a), (2), (4), (5), and (6) amended, p. 1343, § 6, effective 7/1/2001. L. 2001: (1)(a) and (2)(a)(I)(E) amended and (2)(a)(I)(F) added, p. 938, § 3, effective July 1. L. 2002: IP(1)(a)(IV) amended and (1)(a)(V) and (1)(a)(VI) added, p. 369, § 1, effective April 25; (2)(a)(I)(E) repealed, p. 869, § 1, effective August 7. L. 2005: (1)(a)(III)(J) and (8) repealed and (2)(a)(I)(A) and (2)(a)(I)(B) amended, p. 644, §§ 7, 8, effective May 27. L. 2006: (2)(a)(I)(F) amended, p. 656, § 1, effective April 24. L. 2007: (2)(a)(I)(A), (2)(a)(I)(C), (2)(a)(I)(D), (4)(a), and (5) amended, p. 1571, § 3, effective July 1. L. 2009: (2)(a)(I)(A), (2)(a)(I)(D), and (4)(a) amended, (SB 09-274), ch. 952, p. 952, § 3, effective May 1; (2)(a)(I)(F) amended, (SB 09-025), ch. 1215, p. 1215, § 2, effective July 1. L. 2010: (2)(a)(I)(A), (2)(a)(I)(D), and (4)(a) amended, (HB 10-1387), ch. 887, p. 887, § 3, effective May 5; (10) added, (HB 10-1209), ch. 1497, p. 1497, § 1, effective July 1. L. 2012: (2)(a)(I)(A), (2)(a)(I)(D), and (4)(a) amended, (HB 12 -1216), ch. 264, p. 264, § 3, effective July 1. L. 2013: (10)(b)(I) repealed, (HB 13 -1011), ch. 291, p. 291, § 1, effective August 7; (11) added, (HB 13-1119), ch. 653, p. 653 § 1, effective August 7. L. 2014: (2) R&RE and (4)(a) amended, (SB 14-194), ch. 1543, p. 1543, § 7, effective June 5; (2) R&RE and (4)(b) repealed, (HB 14-1066), ch. 1188, p. 1188, § 2, effective July 1. L. 2016: (2)(c) and (2)(e) amended and (2)(c)(I.5) and (2)(c)(II.5) added, (HB 16-1415), ch. 411, p. 411, § 2, effective May 4; (1)(b)(I) amended, (HB 16-1021), ch. 1307, p. 1307, § 2, effective June 10. L. 2021: (10)(a) amended, (HB 21-1231), ch. 1079, p. 1079, § 13, effective May 28; (1)(b)(I) amended and (12) added, (HB 21-1014), ch. 406, p. 2694, § 2, effective 7/1/2022.

(1) This section is similar to former § 42-2-112 as it existed prior to 1994, and the former § 42-2-114 was relocated to § 42-2-116.

(2) Amendments to subsections (1) and (4) by House Bill 94-1346 and amendments to subsection (2)(a) by House Bill 94-1028 were harmonized with Senate Bill 94-001.

(3) Subsection (2)(a)(II)(B) provided for the repeal of subsection (2)(a)(II), effective July 1, 2006. (See L. 2000, p. 1343.)

(4) Subsection (10)(c)(II) provided for the repeal of subsection (10)(c), effective July 1, 2011. (See L. 2010, p. 1497.)

(5) Subsection (10)(b)(II)(B) provided for the repeal of subsection (10)(b)(II), effective July 1, 2012. (See L. 2010, p. 1497.)

(6) Subsection (2) was repealed and reenacted in SB 14-194. Those amendments were superseded by the repeal and reenactment of subsection (2) in HB 14-1066, effective July 1, 2014.

2021 Ch. 406, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

For the legislative declaration in HB 21-1014, see section 1 of chapter 406, Session Laws of Colorado 2021.