First Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 09-0411.01 Jery Payne HOUSE BILL 09-1016 HOUSE SPONSORSHIP Court, SENATE SPONSORSHIP (None), House Committees Senate Committees Transportation & Energy A BILL FOR AN ACT Concerning an exception to the requirement that a person who is lawfully present in Colorado be licensed to drive by the department of revenue when such person drives while present in Colorado for business purposes. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Authorizes a person who is domiciled in another state but is employed in Colorado to drive in Colorado on the person's existing license. Authorizes a person who is lawfully present and employed in Colorado for no more than 180 days under a work visa or similar document to drive in Colorado on the person's existing license. Authorizes an agricultural worker who is employed under a work visa or similar document to obtain a driver's license in Colorado. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. The introductory portion to 42-2-102 (1), Colorado Revised Statutes, is amended, and the said 42-2-102 (1) is further amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS, to read: 42-2-102. Persons exempt from license. (1) The following persons need not obtain a Colorado driver's license to operate a motor vehicle: (g) A person who is domiciled in another state, who owns or is employed by a business in Colorado, and who holds a valid driver's license in the person's state of domicile; (h) A person who is lawfully present and employed in Colorado for no more than one hundred eighty days in a twelve-month period by means of a document that authorizes only temporary or seasonal employment issued by the United States citizenship and immigration services, who is at least sixteen years of age, and who holds a valid driver's license in the person's country of residence. SECTION 2. 8-3.5-109, Colorado Revised Statutes, is amended to read: 8-3.5-109. Identification required. Within two weeks after an employee's arrival in Colorado, the employee shall apply for an identification card or driver's license issued by the department of revenue pursuant to part 3 of article 2 of title 42, C.R.S. The employer shall provide free transportation to the employee in order for the employee to meet this requirement. SECTION 3. 42-2-302 (1) (a) (IV) and (6), Colorado Revised Statutes, are amended to read: 42-2-302. Department may issue - limitations. (1) (a) (IV) An identification card shall not be issued until any previously issued instruction permit or minor driver's or driver's license is surrendered or cancelled; except that an applicant shall not be required to surrender a driver's license from another country if the applicant elects to obtain an identification card pursuant to section 8-3.5-109, C.R.S. (6) The department shall not issue an identification card to a person who holds a valid minor driver's or driver's license unless the driver's license is issued by another country and the person elects to obtain an identification card pursuant to section 8-3.5-109, C.R.S. SECTION 4. Applicability. This act shall apply to applications for identification cards or driver's licenses submitted on or after the effective date of this act. SECTION 5. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.