Section 42-2-118 - Renewal of license in person, by mail, or electronically - donations to Emily Keyes - John W(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)(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)(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)(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(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;(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.(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)(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.Amended by 2022 Ch. 135, § 11, eff. 7/1/2022.Amended by 2021 Ch. 460, § 4, eff. 1/1/2022.Amended by 2021 Ch. 177, § 1, eff. 5/24/2021.Amended by 2018 Ch. 260, § 5, eff. 1/1/2019.Amended by 2017 Ch. 329, § 2, eff. 9/15/2017.Amended by 2017 Ch. 158, § 19, eff. 8/9/2017.L. 94: (1)(a) amended, p. 694, § 1, effective July 1; entire title amended with relocations, p. 2125, § 1, effective 1/1/1995. 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. 953, p. 953, § 5, effective May 1. L. 2014: (1)(b)(I) and (1.5)(a)(II) amended, (SB 14-194), ch. 1546, p. 1546, § 10, effective June 5. L. 2017: (1)(a)(II)(A) amended, (SB 17-223), ch. 565, p. 565, § 19, effective August 9; (1)(a)(II) amended, (HB 17-1027), ch. 1761, p. 1761, § 2, effective September 15. L. 2018: (1)(a)(I), (1)(b)(I), IP(1.3)(a), (1.3)(a)(II), IP(1.5)(a), and (1.5)(a)(II) amended, (SB 18-108), ch. 1596, p. 1596, § 5, effective 1/1/2019. L. 2021: (1.3)(a)(II), (1.3)(a)(III), IP(1.5)(a), (1.5)(a)(I), (1.5)(a)(II), and (1.5)(a)(III) amended and (5) added, (HB 21-1139), ch. 966, p. 966, § 1, effective May 24; (1)(a)(I), (1.3)(b), and (3) amended and (1.5)(c)(II) repealed, (HB 21-1314), ch. 3095, p. 3095, § 4, effective 1/1/2022.(1) This section is similar to former § 42-2-116 as it existed prior to 1994, 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)(A) by Senate Bill 07-037 and House Bill 07-1266 were harmonized.
(6) Amendments to subsection (1)(a)(II)(A) by SB 17-223 and HB 17-1027 were harmonized.
(7) Section 22 of chapter 460 (HB 21-1314), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed and applications submitted on or after January 1, 2022.