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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0327.01 JLB HOUSE BILL 98­1111

STATE OF COLORADO

BY REPRESENTATIVE Pankey;

also SENATOR Blickensderfer.

STATE, VETERANS & MILITARY AFFAIRS

APPROPRIATIONS

A BILL FOR AN ACT

CONCERNING ENHANCED MEASURES TO PREVENT THE FRAUDULENT USE OF CERTAIN FORMS OF IDENTIFICATION ISSUED BY THE DEPARTMENT OF REVENUE, AND, IN CONNECTION THEREWITH, MAKING APPROPRIATIONS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Requires the division of motor vehicles in the department of revenue to implement an automated single fingerprint information system and the Colorado bureau of investigation (CBI) in the department of public safety to acquire and manage a stand­alone automated single fingerprint identification system. The division shall collect fingerprints and the CBI shall provide the division with identification information concerning such fingerprints; such information shall be used to prevent the alteration, counterfeiting, and fraudulent use of drivers' licenses and identification cards. Provides for the implementation of the systems no later than the date on which the current driver's license system contracts are renegotiated.

Requires the department of human services to require any recipient of public assistance to provide a driver's license or identification card before receiving such assistance. Authorizes the department of human services to establish an unreasonable hardship exception to this requirement. Authorizes the division of motor vehicles to exempt any person from paying the identification card fee who is designated by a county department of social services as unable to pay such fee.

Makes appropriations.


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

SECTION 1.  Part 1 of article 2 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

42­2­136.5.  License fraud prevention ­ legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT A DRIVER'S LICENSE WAS INTENDED TO EVIDENCE A PERSON'S PRIVILEGE TO OPERATE A MOTOR VEHICLE AND NOT TO BE USED AS THE MOST WIDELY ACCEPTED FORM OF IDENTIFICATION IN THIS STATE. THE GENERAL ASSEMBLY FURTHER FINDS THAT ALTERED DRIVERS' LICENSES ARE INCREASINGLY BEING USED AT THE EXPENSE OF LAW­ABIDING RESIDENTS TO OBTAIN BENEFITS, PURCHASE LIQUOR, AND CASH BAD CHECKS. THE GENERAL ASSEMBLY THEREFORE FINDS AND DECLARES THAT DRIVERS' LICENSES MUST BE MADE AS IMMUNE AS POSSIBLE FROM ALTERATION, COUNTERFEITING, AND OTHER FRAUDULENT ACTS.

(2) (a)  THE DIVISION OF MOTOR VEHICLES AND THE COLORADO BUREAU OF INVESTIGATION IN THE DEPARTMENT OF PUBLIC SAFETY SHALL IMPLEMENT SYSTEMS TO MAKE DRIVERS', MINOR DRIVERS', AND PROVISIONAL DRIVERS' LICENSES AS IMMUNE AS POSSIBLE FROM ALTERATION, COUNTERFEITING, AND OTHER FRAUDULENT USES.

(b) (I)  IN FURTHERANCE OF THE GOAL SET FORTH IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE DIVISION SHALL IMPLEMENT AN AUTOMATED SINGLE FINGERPRINT INFORMATION SYSTEM AND THE COLORADO BUREAU OF INVESTIGATION SHALL IMPLEMENT THE ACQUISITION AND MANAGEMENT OF A STAND­ALONE AUTOMATED SINGLE FINGERPRINT IDENTIFICATION SYSTEM (AFIS). SUCH AFIS SYSTEM SHALL BE PHYSICALLY LOCATED AT THE COLORADO BUREAU OF INVESTIGATION AND SHALL BE USED FOR THE IDENTIFICATION OF FINGERPRINTS COLLECTED BY THE DIVISION'S SINGLE FINGERPRINT INFORMATION SYSTEM. THE RESULTS OF SUCH IDENTIFICATION PROCESS SHALL BE PROVIDED TO THE DIVISION TO PREVENT ANY PERSON FROM HOLDING MULTIPLE IDENTIFICATION CARDS.

(II)  THE SYSTEMS IMPLEMENTED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) SHALL ENSURE THAT FINGERPRINT INFORMATION CAN BE SHARED BY THE DEPARTMENT OF PUBLIC SAFETY AND THE DEPARTMENT OF REVENUE, AND ANY CONTRACT FOR THE OPERATION OF SUCH SYSTEMS SHALL ENSURE THAT THE PROCESSING OF INFORMATION IS AS EFFICIENT AND COST­EFFECTIVE AS POSSIBLE.

(c)  THIS SUBSECTION (2) SHALL BE EFFECTIVE AS SOON AS PRACTICABLE AFTER THE DATE ON WHICH EXISTING CONTRACTS FOR THE OPERATION OF THE DRIVER'S LICENSE SYSTEM ARE RENEGOTIATED AND EFFECTIVE.

(3)  IN ADDITION TO THE SYSTEM DESCRIBED IN SUBSECTION (2) OF THIS SECTION, THE DIVISION OF MOTOR VEHICLES SHALL IMPLEMENT ANY OTHER TECHNOLOGIES TO PREVENT THE ALTERATION, COUNTERFEITING, OR FRAUDULENT USE OF DRIVERS', MINOR DRIVERS', AND PROVISIONAL DRIVERS' LICENSES.

SECTION 2.  42­2­306 (1) (a), Colorado Revised Statutes, is amended to read:

42­2­306.  Fees ­ disposition. (1)  The department shall charge and collect the following fees:

(a)  A fee of three dollars and fifty cents at the time of application for an identification card or renewal of an identification card or three dollars and fifty cents for a duplicate card; except that, for applicants sixty years of age or older AND APPLICANTS DESIGNATED BY ANY COUNTY DEPARTMENT OF SOCIAL SERVICES AS UNABLE TO PAY SUCH FEE, there shall be no fee;

SECTION 3.  Part 3 of article 2 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

42­2­309.5.  Identification card fraud prevention ­ legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT ALTERED IDENTIFICATION CARDS ARE INCREASINGLY BEING USED AT THE EXPENSE OF LAW­ABIDING RESIDENTS TO OBTAIN BENEFITS, PURCHASE LIQUOR, AND CASH BAD CHECKS. THE GENERAL ASSEMBLY THEREFORE FINDS AND DECLARES THAT IDENTIFICATION CARDS MUST BE MADE AS IMMUNE AS POSSIBLE FROM ALTERATION, COUNTERFEITING, AND OTHER FRAUDULENT ACTS.

(2) (a)  THE DIVISION OF MOTOR VEHICLES AND THE COLORADO BUREAU OF INVESTIGATION IN THE DEPARTMENT OF PUBLIC SAFETY SHALL IMPLEMENT SYSTEMS TO MAKE IDENTIFICATION CARDS AS IMMUNE AS POSSIBLE FROM ALTERATION, COUNTERFEITING, AND OTHER FRAUDULENT USES.

(b) (I)  IN FURTHERANCE OF THE GOAL SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE DIVISION SHALL IMPLEMENT AN AUTOMATED SINGLE FINGERPRINT INFORMATION SYSTEM AND THE COLORADO BUREAU OF INVESTIGATION SHALL IMPLEMENT THE ACQUISITION AND MANAGEMENT OF A STAND­ALONE AUTOMATED SINGLE FINGERPRINT IDENTIFICATION SYSTEM (AFIS). SUCH AFIS SYSTEM SHALL BE PHYSICALLY LOCATED AT THE COLORADO BUREAU OF INVESTIGATION AND SHALL BE USED FOR THE IDENTIFICATION OF FINGERPRINTS COLLECTED BY THE DIVISION'S SINGLE FINGERPRINT INFORMATION SYSTEM. THE RESULTS OF SUCH IDENTIFICATION PROCESS SHALL BE PROVIDED TO THE DIVISION TO PREVENT ANY PERSON FROM HOLDING MULTIPLE IDENTIFICATION CARDS.

(II)  THE SYSTEMS IMPLEMENTED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) SHALL ENSURE THAT FINGERPRINT INFORMATION CAN BE SHARED BY THE DEPARTMENT OF PUBLIC SAFETY AND THE DEPARTMENT OF REVENUE, AND ANY CONTRACT FOR THE OPERATION OF SUCH SYSTEMS SHALL ENSURE THAT THE PROCESSING OF INFORMATION IS AS EFFICIENT AND COST­EFFECTIVE AS POSSIBLE.

(c)  THIS SUBSECTION (2) SHALL BE EFFECTIVE AS SOON AS PRACTICABLE AFTER THE DATE ON WHICH EXISTING CONTRACTS FOR THE OPERATION OF THE IDENTIFICATION CARD SYSTEM ARE RENEGOTIATED AND EFFECTIVE.

(3)  IN ADDITION TO THE SYSTEM DESCRIBED IN SUBSECTION (2) OF THIS SECTION, THE DIVISION OF MOTOR VEHICLES SHALL IMPLEMENT ANY OTHER TECHNOLOGIES TO PREVENT THE ALTERATION, COUNTERFEITING, OR FRAUDULENT USE OF IDENTIFICATION CARDS.

SECTION 4.  24­33.5­412 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

24­33.5­412.  Functions of bureau ­ legislative review. (1)  The bureau has the following authority:

(p)  TO CARRY OUT THE DUTIES SET FORTH IN SECTIONS 42­2­136.5 (2) (b) AND 42­2­309.5 (2) (b), C.R.S., CONCERNING THE ACQUISITION AND MANAGEMENT OF A STAND­ALONE AUTOMATED SINGLE FINGERPRINT IDENTIFICATION SYSTEM (AFIS) TO IDENTIFY PERSONS WHO HOLD FRAUDULENTLY OBTAINED DRIVERS' LICENSES OR IDENTIFICATION CARDS.

SECTION 5.  26­2­107 (1) (a), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

26­2­107.  Verification ­ record. (1) (a) (I.5)  WITHIN NINETY DAYS AFTER THE DATE ON WHICH THE DIVISION OF MOTOR VEHICLES IN THE DEPARTMENT OF REVENUE AND THE COLORADO BUREAU OF INVESTIGATION IN THE DEPARTMENT OF PUBLIC SAFETY IMPLEMENT STATEWIDE SYSTEMS FOR COLLECTING AND IDENTIFYING SINGLE FINGERPRINTS PURSUANT TO SECTIONS 42­2­136.5 AND 42­2­309.5, C.R.S., THE COUNTY DEPARTMENT SHALL REQUIRE AN APPLICANT TO PROVIDE A VALID IDENTIFICATION CARD ISSUED PURSUANT TO SECTION 42­2­302 OR A VALID COLORADO DRIVER'S LICENSE BEFORE GRANTING ASSISTANCE. THE STATE DEPARTMENT MAY ADOPT RULES THAT EXEMPT INDIVIDUALS SUFFERING AN UNREASONABLE HARDSHIP FROM THE REQUIREMENTS OF THIS SUBPARAGRAPH (I.5).

SECTION 6.  Appropriations. (1)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of revenue for allocation to the division of motor vehicles, for the fiscal year beginning July 1, 1998, the sum of ___ dollars ($ ) and ___ FTE, or so much thereof as may be necessary, for the implementation of this act.

(2)  In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of public safety for allocation to the Colorado bureau of investigation, for the fiscal year beginning July 1, 1998, the sum of ___ dollars ($ ) and ___ FTE, or so much thereof as may be necessary, for the implementation of this act.

SECTION 7.  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.