C.R.S. Section 42-2-118
Buckner organ and tissue donation awareness fund

  • rules
  • report
  • repeal

(1)(a)(I) Every license issued pursuant to section 42-2-114 or part 5 of this article 2 is renewable prior to its expiration, upon application in person, by mail as provided in subsection (1.3) of this section, or by electronic means as provided in subsection (1.5) of this section; payment of the required fee; passing of an eye test; and passing of such other examinations as the applicant’s physical limitations or driver’s record indicates to be desirable. If a person renews his or her license pursuant to this subsection (1)(a)(I) by electronic means, the person must attest under penalty of perjury that he or she has had an eye examination by an optometrist or an ophthalmologist within three years before the date of application.

(II)

Intentionally left blank —Ed.

(A)

An applicant may make a donation of one dollar or more to the Emily Keyes - John W. Buckner organ and tissue donation awareness fund, created in section 42-2-107 (4)(b)(II), to promote the donation of organs and tissues under the provisions of the “Revised Uniform Anatomical Gift Act”, part 2 of article 19 of title 15. The department shall collect the donations and transmit them to the state treasurer, who shall credit the same to the Emily Keyes - John W. Buckner organ and tissue donation awareness fund. The donation prescribed in this subsection (1)(a)(II)(A) is voluntary and may be refused by the applicant. The department shall make available informational booklets or other informational sources on the importance of organ and tissue donations to applicants as designed and approved by the advisory body created under section 42-2-107 (4)(b)(III)(A). The department shall inquire of each applicant at the time the completed application is presented whether the applicant is interested in making a donation of one dollar or more to the fund. If the applicant has not already made a donor designation, the department shall also specifically inform the applicant of the option for organ and tissue donations by having a “Y” placed in the donor field on the front of the document. The department shall advise each applicant volunteering to become an organ and tissue donor that the applicant’s name shall be transmitted to the organ and tissue donor registry authorized in section 15-19-220, and that the applicant shall notify the federally designated organ procurement organization of any changes to the applicant’s donation.

(B)

This subsection (1)(a)(II) is repealed, effective September 1, 2027.
(b)(I)(A) A license issued under section 42-2-114 that, at the time of its expiration, is held by a resident of this state who is temporarily outside of this state or is prevented by disability from complying with subsection (1)(a) of this section may be extended for a period of one year if the licensee applies to the department for an extension of the expiration date prior to the date the license expires and pays a fee set by the department in accordance with section 42-2-114.5 (2).

(B)

A license issued under part 5 of this article 2 that, at the time of its expiration, is held by a resident of this state who is prevented by disability from complying with subsection (1)(a) of this section may be extended for a period of one year if the licensee applies to the department for an extension of the expiration date prior to the date the license expires and pays a fee set by the department in accordance with section 42-2-114.5 (2).

(C)

The department shall transfer the fees paid in accordance with this subsection (1)(b) to the state treasurer, who shall credit them to the Colorado DRIVES vehicle services account created in section 42-1-211 (2). The extensions authorized in this subsection (1)(b) become null and void ninety days after the licensee renews his or her residency in the state or otherwise becomes able to comply with subsection (1)(a) of this section. The department shall grant no more than one extension under this subsection (1)(b) unless a resident of this state, other than a resident who had been issued a license under part 5 of this article 2, is temporarily residing in a foreign country, in which case the department may grant no more than two one-year extensions.

(II)

A surcharge of one dollar shall be added to any extension sought for a license for which a motorcycle endorsement is requested which shall be credited to the motorcycle operator safety training fund created in section 43-5-504, C.R.S.

(1.3)

Intentionally left blank —Ed.

(a)

The department may, in its discretion, allow renewal of a driver’s license issued under section 42-2-114 or 42-2-505 by mail subject to the following requirements:

(I)

Renewal by mail shall be available only to drivers twenty-one years of age or older;

(II)

Renewal by mail is available only if the photo of the person that is on file with the department is at least as recent as required by 6 CFR 37.25 (a)(1) for purposes of the federal “REAL ID Act of 2005”, Pub.L. 109-13, as amended;

(III)

A person who is under eighty years of age renewing by mail shall attest under penalty of law that the person has had an eye examination by an optometrist or ophthalmologist within one year before the renewal. A person who is eighty years of age or older renewing by mail shall obtain, on a form as required by the department, a signed statement from an optometrist or ophthalmologist attesting that the person has had an eye examination within the preceding six months and attesting to the results of the eye examination.

(IV)

A person renewing by mail who requires vision correction shall attest under penalty of law to his or her prescription for vision correction.

(b)

Every applicant for renewal of a driver’s license by mail shall submit payment of the required fee to the department.

(c)

The department may promulgate rules necessary for the implementation of this subsection (1.3).

(1.5)

Intentionally left blank —Ed.

(a)

The department may allow renewal of a driver’s license issued under section 42-2-114 or 42-2-505 by electronic means subject to the following requirements:

(I)

Electronic renewal is available only to drivers twenty-one years of age or older;

(II)

A person may renew a driver’s license electronically only if the photo of the person that is on file with the department is at least as recent as required by 6 CFR 37.25 (a)(1) for purposes of the federal “REAL ID Act of 2005”, Pub.L. 109-13, as amended;

(III)

A person who is under eighty years of age renewing electronically shall attest under penalty of law that the person has had an eye examination by an optometrist or ophthalmologist within one year before the renewal. A person who is eighty years of age or older renewing electronically shall obtain, on a form as required by the department, a signed statement from an optometrist or ophthalmologist attesting that the person has had an eye examination within the preceding six months and attesting to the results of the eye examination.

(IV)

A person renewing electronically who requires vision correction shall attest under penalty of law to his or her prescription for vision correction.

(b)

Pursuant to sections 24-19.5-103 (3) and 29-11.5-103 (3), the department shall not allow any third-party charges that may be assessed to complete the electronic transaction to reduce the amount of revenue that would otherwise be required to be distributed to the highway users tax fund or the Colorado DRIVES vehicle services account created in section 42-1-211 (2).

(c)

Every applicant for renewal of a driver’s license by electronic means shall submit the following to the department:

(I)

Payment of the required fee; and

(II)

Repealed.

(d)

To implement electronic renewal of a driver’s license pursuant to this section, the department shall:

(I)

Submit to the office of information technology created in the office of the governor for review and approval the department’s plan for the renewal of a driver’s license by electronic means;

(II)

Develop and implement electronic renewal of a driver’s license in a manner that is consistent with the nation’s policy on national security and in conformance with federal and state law for homeland security;

(III)

Develop and implement an information security program and utilize a layered security approach, which shall consist of the following:

(A)

A business impact analysis that assesses the criticality of services;

(B)

A risk or security assessment that identifies vulnerabilities of the system;

(C)

A risk management process;

(D)

A contingency plan for disaster recovery of information and services and business continuity;

(E)

Procedures that identify security safeguards for asset protection;

(F)

A secure architectural design;

(G)

Security awareness and training programs; and

(H)

Monitoring and audit systems for back-end reviews to evaluate efficiency and efficacy;

(IV)

Develop security policies that address, at a minimum, the following:

(A)

System protection from viruses and system virus detection;

(B)

Firewall security;

(C)

Logging capability;

(D)

Server security;

(E)

Intrusion detection;

(F)

Encryption;

(G)

Physical security; and

(H)

Secure remote access communication, if applicable; and

(V)

Develop a migration plan that sets out the department’s goals and objectives and establishes priorities and the department’s timeline for achieving such requirements.

(e)

Failure to comply with the requirements of paragraph (d) of this subsection (1.5) may result in the department being removed from or denied access to the state network or mainframe computer until all of the provisions of paragraph (d) of this subsection (1.5) are demonstrated by the department.

(f)

Repealed.

(g)

The department may promulgate any necessary rules for the implementation of this subsection (1.5).

(2)

Every license referred to in this section which is at the time of its expiration, as provided in subsection (1) of this section, held by a member of the armed forces of the United States, then serving on active duty outside of this state, shall not expire as provided in subsection (1) of this section, but such expiration date shall be extended for a period of three years or until ninety days after such licensee returns to this state, whichever occurs first.
(3)(a)(I) Prior to the renewal of a permanent driver’s license or the issuance or renewal of a probationary license, the department shall determine if the applicant has issued a check or order to the department for the payment of a penalty assessment and such check or order was returned for insufficient funds or a closed account and remains unpaid as set forth in section 42-4-1709 (7).
(II)(Deleted by amendment, L. 2021.)(b)(I) If the applicant has not issued a check or order to the department that was returned for insufficient funds or a closed account and that remains unpaid as set forth in section 42-4-1709 (7) and if all other conditions for renewal pursuant to articles 1 to 4 of this title 42 are met, the department shall renew the applicant’s permanent driver’s license.

(II)

If the defendant has not issued a check or order to the department that was returned for insufficient funds or a closed account and that remains unpaid as set forth in section 42-4-1709 (7) and if all other conditions for renewal pursuant to articles 1 to 4 of this title 42 are met, the department may issue or renew the applicant’s probationary license.

(c)

Any person who makes payment for a check or order to the department that had been returned for insufficient funds or a closed account pursuant to section 42-4-1709 (7) shall pay to the court or to the department a thirty-dollar administrative processing cost for each check or order in addition to all other penalties, costs, or forfeitures. If the court collects an administrative processing fee, the court shall remit fifty percent of the administrative processing fee to the department of revenue, and the other fifty percent of that fee is to be retained by the issuing court. If the department collects an administrative processing fee, the department shall retain the fee.

(d)

and (e)(Deleted by amendment, L. 2021.)(f) There is a twenty-day period to appeal any penalty under this section when it can be shown by the applicant or defendant that sufficient funds were in the financial institution and the error was that of the financial institution. In this event the department shall review the documentation and, if it was the fault of the financial institution that the check or order was returned, the department shall not impose a penalty or fee.

(4)

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.

(5)

Intentionally left blank —Ed.

(a)

On or before June 1, 2022, and on or before June 1 each of the next two years thereafter, the department shall provide to the general assembly a report concerning motor vehicle accidents in Colorado, which report includes data, organized by the age of each at-fault driver, concerning:

(I)

The cause of each such accident, including data related to driver actions; and

(II)

The most apparent human contributing factor of each such accident.

(b)

This subsection (5) is repealed, effective June 30, 2024.

Source: Section 42-2-118 — Buckner organ and tissue donation awareness fund - rules - report - repeal, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-42.­pdf (accessed Oct. 20, 2023).

42‑2‑101
Licenses for drivers required - penalty - definition
42‑2‑102
Persons exempt from license
42‑2‑103
Motorcycles - autocycles - low-power scooters - driver’s license required
42‑2‑104
Licenses issued - denied
42‑2‑105
Special restrictions on certain drivers
42‑2‑105.5
Restrictions on minor drivers under eighteen years of age - penalties - legislative declaration
42‑2‑106
Instruction permits and temporary licenses
42‑2‑107
Buckner organ and tissue donation awareness fund - legislative declaration - rules - annual report - repeal
42‑2‑108
Application of minors - rules
42‑2‑109
Release from liability
42‑2‑110
Revocation upon death of signer for minor
42‑2‑111
Examination of applicants and drivers - when required
42‑2‑112
Medical advice - use by department - provider immunity
42‑2‑113
License examiners appointed
42‑2‑114
License issued - voluntary disability identifier symbol - fees - rules - report - definitions
42‑2‑114.5
Fees for drivers’ licenses, identification cards, and related services - crediting to DRIVES account - fee setting procedures - rules - repeal
42‑2‑115
License, permit, or identification card to be exhibited on demand - penalty
42‑2‑116
Restricted license
42‑2‑117
Duplicate permits and minor licenses - replacement licenses
42‑2‑118
Buckner organ and tissue donation awareness fund - rules - report - repeal
42‑2‑118.1
Driver restoration and payment incentive program
42‑2‑119
Notices - change of address or name
42‑2‑120
Methods of service
42‑2‑121
Records to be kept by department - admission of records in court
42‑2‑121.5
Emergency contact information - website form - license application - driver’s license database
42‑2‑122
Department may cancel license - limited license for physical or mental limitations - rules
42‑2‑123
Suspending privileges of nonresidents and reporting convictions
42‑2‑124
When court to report convictions
42‑2‑125
Mandatory revocation of license and permit
42‑2‑126
Revocation of license based on administrative determination
42‑2‑126.5
Revocation of license based on administrative actions taken under tribal law - repeal
42‑2‑127
Authority to suspend license - to deny license - type of conviction - points
42‑2‑127.5
Authority to suspend license - violation of child support order
42‑2‑127.7
Authority to suspend driver’s license - uninsured motorists - legislative declaration
42‑2‑127.9
Authority to suspend driver’s license - leaving the scene of an accident
42‑2‑128
Vehicular homicide - revocation of license
42‑2‑129
Mandatory surrender of license or permit for driving under the influence or with excessive alcoholic content
42‑2‑132
Period of suspension or revocation
42‑2‑132.5
Mandatory and voluntary restricted licenses following alcohol convictions - rules
42‑2‑133
Surrender and return of license
42‑2‑134
Foreign license invalid during suspension
42‑2‑135
Right to appeal
42‑2‑136
Unlawful possession or use of license
42‑2‑137
False affidavit - penalty
42‑2‑138
Driving under restraint - penalty - definitions
42‑2‑139
Permitting unauthorized minor to drive
42‑2‑140
Permitting unauthorized person to drive
42‑2‑141
Renting or loaning a motor vehicle to another
42‑2‑142
Violation - penalty
42‑2‑143
Legislative declaration
42‑2‑144
Reporting by certified level II alcohol and drug education and treatment program providers - notice of administrative remedies against a driver’s license - rules
42‑2‑201
Legislative declaration concerning habitual offenders of motor vehicle laws
42‑2‑202
Habitual offenders - frequency and type of violations
42‑2‑203
Authority to revoke license of habitual offender
42‑2‑204
Appeals
42‑2‑205
Prohibition
42‑2‑206
Driving after revocation prohibited
42‑2‑207
No existing law modified
42‑2‑208
Computation of number of convictions
42‑2‑301
Definitions
42‑2‑302
Department may or shall issue - limitations - rules
42‑2‑303
Contents of identification card - disability identifier symbol - rules - definition
42‑2‑304
Validity of identification card - rules
42‑2‑305
Lost, stolen, or destroyed cards
42‑2‑306
Fees - disposition
42‑2‑307
Change of address - penalty
42‑2‑308
No liability on public entity
42‑2‑309
Unlawful acts
42‑2‑310
Violation
42‑2‑313
Department consult with counties on county jail identification processing unit
42‑2‑401
Short title
42‑2‑402
Definitions
42‑2‑403
Department authority - rules - federal requirements
42‑2‑404
Commercial driver’s license - limitations - rules
42‑2‑405
Driver’s license disciplinary actions - grounds for denial - suspension - revocation - disqualification
42‑2‑405.5
Violations of out-of-service order
42‑2‑406
Fees - rules
42‑2‑407
Licensing of testing units and driving testers - hearings - regulations
42‑2‑408
Unlawful acts - penalty
42‑2‑409
Unlawful possession or use of a commercial driver’s license
42‑2‑501
Short title
42‑2‑502
Legislative declaration
42‑2‑503
Definitions
42‑2‑504
Applicability
42‑2‑505
Identification documents - individuals not lawfully present - rules
42‑2‑506
Identification documents - individuals temporarily lawfully present
42‑2‑507
Taxpayer identification number - confidentiality
42‑2‑508
Fees - operations - rule
42‑2‑509
Renewal - duplicate - replacement - rules
42‑2‑510
Peace officers - arrest authority
42‑2‑511
Driving test - third-party option - definition
42‑2‑601
Definitions
42‑2‑602
Equipment of vehicles
42‑2‑603
Rules
42‑2‑604
Violations - penalty
Green check means up to date. Up to date

Current through Fall 2024

§ 42-2-118’s source at colorado​.gov