Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.

HOUSE BILL 97­1190

BY REPRESENTATIVES Epps, Arrington, Gotlieb, Mace, and Morrison;

also SENATORS Bishop, Hernandez, J. Johnson, Martinez, Matsunaka, Mutzebaugh, Rupert, Tanner, and Weddig.

CONCERNING THE RENEWAL OF DRIVER'S LICENSES BY MAIL.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  42­2­111 (1) (a), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended to read:

42­2­111.  Examination of applicants and drivers ­ when required. (1) (a)  The department shall examine every applicant for a driver's, minor driver's, or provisional driver's license. The executive director of the department, in the director's discretion, may conduct the examination in any county convenient for the applicant. The examination shall include a test of the applicant's eyesight, his or her ability to read and understand highway signs which THAT regulate, warn, and direct traffic, and his or her knowledge of the traffic laws of this state, an actual demonstration of the applicant's ability to exercise ordinary and reasonable care and control in the operation of a motor vehicle, and such further physical and mental examination as the department finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways. AN APPLICANT SEEKING RENEWAL OF A DRIVER'S LICENSE BY MAIL UNDER SECTION 42­4­118 SHALL SUBMIT A REPORT ON A FORM PROVIDED BY THE DEPARTMENT INDICATING THAT THE APPLICANT HAS PASSED A TEST OF THE APPLICANT'S EYESIGHT PERFORMED BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF COLORADO UNDER ARTICLE 36 OF TITLE 12, C.R.S., OR AN OPTOMETRIST LICENSED TO PRACTICE IN THE STATE OF COLORADO UNDER ARTICLE 40 OF TITLE 12, C.R.S.

SECTION 2.  42­2­118 (1) (a) (I), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended, and the said 42­2­118 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

42­2­118.  Renewal of license in person or by mail ­ donations to organ and tissue donation awareness fund. (1) (a) (I)  Every license issued under section 42­2­114 shall be renewable prior to its expiration, upon application in person OR BY MAIL AS PROVIDED IN SUBSECTION (1.3) 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.

(1.3) (a)  THE DEPARTMENT MAY, IN ITS DISCRETION, ALLOW RENEWAL OF A DRIVER'S LICENSE ISSUED UNDER SECTION 42­2­114 BY MAIL SUBJECT TO THE FOLLOWING REQUIREMENTS:

(I)  RENEWAL BY MAIL SHALL BE AVAILABLE ONLY TO DRIVERS TWENTY­ONE YEARS OF AGE OR OLDER AND UNDER SIXTY­SIX YEARS OF AGE;

(II)  RENEWAL BY MAIL SHALL ONLY BE AVAILABLE EVERY OTHER DRIVER'S LICENSE RENEWAL PERIOD AS PROVIDED IN SECTION 42­2­114 (2) (a) AND (3).

(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)  THE REPORT, ON A FORM PROVIDED BY THE DEPARTMENT, INDICATING THAT THE APPLICANT HAS PASSED A TEST OF THE APPLICANT'S EYESIGHT PERFORMED BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THE STATE OF COLORADO UNDER ARTICLE 36 OF TITLE 12, C.R.S., OR AN OPTOMETRIST LICENSED TO PRACTICE IN THE STATE OF COLORADO UNDER ARTICLE 40 OF TITLE 12, C.R.S.;

(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).

SECTION 3.  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.



____________________________ ____________________________

Charles E. Berry Tom Norton

SPEAKER OF THE HOUSE PRESIDENT OF

OF REPRESENTATIVES THE SENATE





____________________________ ____________________________

Judith M. Rodrigue Joan M. Albi

CHIEF CLERK OF THE HOUSE SECRETARY OF

OF REPRESENTATIVES THE SENATE



APPROVED________________________________________




_________________________________________

Roy Romer

GOVERNOR OF THE STATE OF COLORADO