42-2-118. Renewal of license in person or by mail - donations to Emily Maureen Ellen Keyes organ and tissue donation awareness fund - repeal.

(1) (a) (I) Every license issued under section 42-2-114 shall be 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, passing of such other examinations as the applicant's physical limitations or driver's record indicates to be desirable, and payment of any penalty assessment, fine, cost, or forfeiture as prescribed by subsection (3) of this section. If a person renews his or her license pursuant to this subparagraph (I) by electronic means, the person shall attest under penalty of perjury that he or she has had an eye examination by any optometrist or an ophthalmologist within three years before the date of application.

(II) (A) An applicant may make a donation of one dollar or more to the Emily Maureen Ellen Keyes 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 1 of article 34 of title 12, C.R.S. The department shall collect such donations and transmit them to the state treasurer, who shall credit the same to the Emily Maureen Ellen Keyes organ and tissue donation awareness fund. The donation prescribed in this sub-subparagraph (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 and 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 also 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 12-34-120, C.R.S., and that the applicant shall notify the federally designated organ procurement organization of any changes to the applicant's donation.

(B) This subparagraph (II) is repealed, effective July 1, 2018.

(b) (I) Any license referred to in section 42-2-114 which 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 paragraph (a) of this subsection (1) 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 of three dollars. This extension will become null and void ninety days after the licensee renews his or her residency in the state or otherwise becomes able to comply with the provisions of paragraph (a) of this subsection (1). No more than one extension shall be granted under the provisions of this paragraph (b); except that, when a resident of this state is temporarily residing in a foreign country, no more than two extensions shall be granted.

(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) (a) The department may, in its discretion, allow renewal of a driver's license issued under section 42-2-114 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 shall only be available every other driver's license renewal period as provided in section 42-2-114 (2) (a) and (3);

(III) A person who is less than sixty-six years of age renewing by mail shall attest under penalty of law that he or she has had an eye examination by an optometrist or ophthalmologist within three years before the renewal. A person who is sixty-six 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 he or she has had an eye examination within the last six months and attesting to the results of the applicant's eye examination; and

(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 the following to the department:

(I) Payment of the required fee;

(II) Repealed.

(III) Payment of any penalty assessment, fine, cost, or forfeiture as prescribed by subsection (3) of this section.

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

(1.5) (a) The department may, in its discretion, allow renewal of a driver's license issued under section 42-2-114 by electronic means subject to the following requirements:

(I) Electronic renewal shall be available only to drivers twenty-one years of age or older and less than sixty-six years of age;

(II) Electronic renewal shall be available only every other driver's license renewal period as provided in section 42-2-114 (2) (a) and (3);

(III) A person renewing electronically shall attest under penalty of law that he or she has had an eye examination by an optometrist or ophthalmologist within three years before the renewal; and

(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), C.R.S., 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 licensing services cash fund.

(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) Payment of any penalty assessment, fine, cost, or forfeiture as prescribed by subsection (3) of this section.

(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 time line 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 any outstanding judgments or warrants entered or issued against the applicant or 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) For the purposes of this subsection (3), "outstanding judgments or warrants" does not include any judgment or warrant reported to the department in violation of the provisions of section 42-4-110.5 (2) (c).

(b) (I) If there are no outstanding judgments or warrants entered or issued against the applicant and 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 are met, the department shall renew the applicant's permanent driver's license.

(II) If there are no outstanding judgments or warrants entered or issued against the applicant and 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 are met, the department may issue or renew the applicant's probationary license.

(c) If the department determines that the applicant is subject to the requirements of section 42-4-1709 (7), the permanent driver's license shall not be renewed or the probationary license may not be issued or renewed until such applicant has complied with said section. Any person who pays any outstanding judgments, who has any warrants entered, or 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 such judgment, warrant, 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) Beginning January 1, 1986, the executive director shall ascertain whether the administrative fee established in paragraph (c) of this subsection (3) adequately compensates the department for administration of this subsection (3).

(e) The department of revenue shall coordinate the design and implementation of the necessary delinquency notification forms, satisfaction forms, and time requirements for utilization of such forms by the courts.

(f) There shall be 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, no penalty or fee shall be imposed.

(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.

Source: L. 94: Entire title amended with relocations, p. 2125, § 1, effective January 1, 1995. L. 96: (1)(a) amended, p. 1134, § 2, effective July 1; (3)(a), (3)(b), and (3)(c) amended, p. 1203, § 2, effective July 1. L. 97: (1)(a)(I) amended and (1.3) added, p. 141, § 2, effective March 28; (3)(a) amended, p. 1669, § 3, effective June 5; (3)(a) to (3)(c) amended and (3)(f) added, p. 1382, § 1, effective July 1. L. 98: (1)(a)(II) amended, p. 1174, § 10, effective June 1; (4) added, p. 1352, § 96, effective June 1. L. 2000: (1)(a)(II) amended, p. 732, § 11, effective July 1; (1.3)(b)(II)(B) added by revision, pp. 1342, 1362, §§ 4, 49. L. 2002: (3)(d) amended, p. 869, § 2, effective August 7. L. 2004: (1)(a)(I) and (1.3)(a)(II) amended and (1.5) added, p. 1268, § 1, effective May 28. L. 2005: (1.3)(a)(I) amended and (1.3)(a)(III) and (1.3)(a)(IV) added, p. 645, § 10, effective May 27. L. 2006: (1.5)(d)(I) amended, p. 1737, § 27, effective June 6. L. 2007: (1)(a)(II) amended, p. 309, § 2, effective March 30; (1.5)(d)(I) amended, p. 918, § 20, effective May 17; (1)(a)(II)(A) amended, p. 800, § 11, effective July 1. L. 2008: (1.3)(a)(I), (1.3)(a)(II), (1.3)(a)(III), and (1.5)(a) amended, p. 629, § 1, effective August 5; (1.5)(f) repealed, p. 1915, § 135, effective August 5. L. 2009: (1.5)(b) amended, (SB 09-274), ch. 210, p. 953, § 5, effective May 1.

Editor's note: (1) This section was formerly numbered as § 42-2-116 and the former § 42-2-118 was relocated to § 42-2-121.

(2) Amendments to subsection (1)(a) by Senate Bill 94-013 were harmonized with Senate Bill 94-001.

(3) Amendments to subsection (3)(a) by Senate Bill 97-36 and House Bill 97-1003 were harmonized.

(4) Subsection (1.3)(b)(II)(B) provided for the repeal of subsection (1.3)(b)(II), effective July 1, 2001. (See L. 2000, pp. 1342, 1362.)

(5) Amendments to subsection (1)(a)(II) by Senate Bill 07-037 and (1)(a)(II)(A) by House Bill 07-1266 were harmonized.

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

Law reviews. For article, "Advocating for Senior Drivers And Their Families", see 34 Colo. Law. 63 (October 2005).

Annotator's note. Since § 42-2-118 is similar to § 42-2-116 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, a relevant case construing that provision has been included with the annotations to this section.

Applied in Dept. of Rev. v. A & A Auto Wrecking, 625 P.2d 1021 (Colo. 1981).