42-2-117. Duplicate permits and minor licenses - replacement licenses.

(1) If an instruction permit or a minor driver's license issued under this article is lost, stolen, or destroyed, the person to whom the same was issued, upon request and the payment of a fee of six dollars and ninety cents for the first duplicate and thirteen dollars and forty cents for any subsequent duplicate to the department, may obtain a duplicate or substitute therefor upon furnishing satisfactory proof to the department that such permit or minor license had been lost, stolen, or destroyed and that the applicant is qualified to have such a permit or license. The fee for the first duplicate license shall be transferred to the state treasurer, who shall credit five dollars to the highway users tax fund and one dollar and ninety cents to the licensing services cash fund created in section 42-2-114.5; except that, for the fiscal year 2009-10, the state treasurer shall credit all of such fees to the licensing services cash fund. The fee for a subsequent duplicate license shall be transferred to the state treasurer, who shall credit ten dollars to the highway users tax fund and three dollars and forty cents to the licensing services cash fund; except that, for the fiscal year 2009-10, the state treasurer shall credit all of such fees to the licensing services cash fund.

(1.5) Upon furnishing satisfactory proof to the department that a driver's license issued under the provisions of this article has been lost, stolen, or destroyed, the person to whom the same was issued shall apply for renewal of the license pursuant to section 42-2-118. The new driver's license shall expire as provided in section 42-2-114.

(2) Notwithstanding the amount specified for the fee in this section, the executive director of the department by rule or as otherwise provided by law may reduce the amount of the fee 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 the fee 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 the fee as provided in section 24-75-402 (4), C.R.S.

Source: L. 94: Entire title amended with relocations, p. 2125, § 1, effective January 1, 1995. L. 98: Entire section amended, p. 1351, § 95, effective June 1. L. 2000: (1) amended and (1.5) added, p. 1346, § 7, effective July 1, 2001. L. 2005: (1.5) amended, p. 644, § 9, effective May 27. L. 2007: (1) amended, p. 1572, § 4, effective July 1. L. 2009: (1) amended, (SB 09-274), ch. 210, p. 953, § 4, effective May 1.

Editor's note: This section was formerly numbered as 42-2-115 and the former section 42-2-117 was relocated to section 42-2-119.

Am. Jur.2d. See 7A Am. Jur.2d, Automobiles and Highway Traffic, § 108.

C.J.S. See 60 C.J.S., Motor Vehicles, §§ 277-279.