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

HOUSE BILL 97­1227


BY REPRESENTATIVES May, Sullivant, and Swenson;

also SENATORS Powers, Ament, Arnold, and Bishop.


CONCERNING ELIMINATION OF DRIVER EXAMINATION REQUIREMENTS FOR A PERSON WHOSE LICENSE WAS REVOKED BECAUSE OF A FIRST­TIME VIOLATION OF DRIVING WITH EXCESSIVE ALCOHOL CONTENT.

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

SECTION 1.  42­2­126 (7) (c), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended to read:

42­2­126.  Revocation of license based on administrative determination. (7) (c)  Following a license revocation, the department shall not issue a new license or otherwise restore the driving privilege unless it is satisfied, after an investigation of the character, habits, and driving ability of the person, that it will be safe to grant the privilege of driving a motor vehicle on the highways. THE DEPARTMENT MAY NOT REQUIRE A PERSON TO UNDERGO SKILLS OR KNOWLEDGE TESTING PRIOR TO ISSUANCE OF A NEW LICENSE OR RESTORATION OF SUCH PERSON'S DRIVING PRIVILEGE IF SUCH PERSON'S LICENSE WAS REVOKED FOR A FIRST VIOLATION OF DRIVING WITH EXCESSIVE ALCOHOL CONTENT PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (b) OF SUBSECTION (6) OF THIS SECTION.

SECTION 2.  Effective date ­ applicability. (1)  This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

(2)  The provisions of this act shall apply to offenses committed on or after the applicable effective date of this act.



____________________________ ____________________________

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