42-2-107. Application for license or instruction permit - anatomical gifts - donations to Emily Keyes - John W. Buckner organ and tissue donation awareness fund - legislative declaration - rules - annual report - repeal.

Statute text

(1) (a) (I) To be acceptable, every application for an instruction permit or for a driver's or minor driver's license must be made upon forms furnished by the department and accompanied by the required fee. The department shall set the fee in accordance with section 42-2-114.5 (2). The department shall transfer the fee to the state treasurer, who shall credit it to the Colorado DRIVES vehicle services account created in section 42-1-211 (2). Every applicant shall submit with the application proof of age or proof of identity, or both, as the department may require.

(II) If an applicant is applying for an instruction permit or driver's or minor driver's license for the first time in Colorado and the applicant otherwise meets the requirements for such license or permit, the applicant shall receive a temporary license or instruction permit pursuant to section 42-2-106 (2) until the department verifies all facts relative to such applicant's right to receive an instruction permit or minor driver's or driver's license including the age, identity, and residency of the applicant.

(b) (I) An applicant who submits proof of age or proof of identity issued by an entity other than a state or the United States shall also submit such proof as the department may require that the applicant is lawfully present in the United States.

(II) An applicant who submits, as proof of age or proof of identity, a driver's license or identification card issued by a state that issues drivers' licenses or identification cards to persons who are not lawfully present in the United States shall also submit such proof as the department may require that the applicant is lawfully present in the United States.

(c) The department shall not issue a driver's or minor driver's license to a person who is not lawfully present in the United States.

(d) The department may not issue a driver's or minor driver's license to any person who is not a resident of the state of Colorado. The department shall issue such a license only upon the furnishing of such evidence of residency as the department may require.

(2) (a) (I) Every application shall state the full name, date of birth, sex, and residence address of the applicant; briefly describe the applicant; be signed by the applicant with such applicant's usual signature; have affixed thereon the applicant's fingerprint; and state whether the applicant has ever been licensed as a minor driver or driver and, if so, when and by what state or country and whether any such license has ever been denied, suspended, or revoked, the reasons therefor, and the date thereof. These statements shall be verified by the applicant's signature thereon.

(II) The department shall issue a new driver's license to a person who has a gender different from the sex denoted on that person's driver's license when the department receives a new birth certificate issued pursuant to section 25-2-113.8 or when the department receives:

(A) A statement, in a form or format designated by the department, from the person, or from the person's parent if the person is a minor, or from the person's guardian or legal representative, signed under penalty of law, confirming the sex designation on the person's driver's license does not align with the person's gender identity; and

(B) If the person is a minor under the age of eighteen, a statement, in a form or format designated by the department, signed under penalty of law, from a professional medical or mental health-care provider licensed in good standing in Colorado or with an equivalent license in good standing from another jurisdiction, stating that the sex designation on the driver's license does not align with the minor's gender identity. This subsection (2)(a)(II)(B) does not require a minor to undergo any specific surgery, treatment, clinical care, or behavioral health care.

(III) The department may only amend a sex designation for an individual's driver's license one time upon the individual's request. Any further requests from the individual for additional sex designation changes require the submission of a court order indicating that the sex designation change is required.

(IV) In addition to the information required by subsection (2)(a)(I) of this section, every application shall include the opportunity for the applicant to self-identify his or her race or ethnicity. The race or ethnicity information that may be identified on the application shall not be printed on the driver's license but shall be maintained in the stored information as defined by section 42-2-114 (1)(b). That information must be accessible to a law enforcement officer through magnetic or electronic readers.

(b) (I) In addition to the requirements of subsection (2)(a) of this section, an application must state that:

(A) The applicant understands that, as a resident of the state of Colorado, any motor vehicle owned by the applicant must be registered in Colorado pursuant to the laws of the state and the applicant may be subject to criminal penalties, civil penalties, and liability for any unpaid registration fees and specific ownership taxes if the applicant fails to comply with such registration requirements; and

(B) The applicant agrees, within thirty days after the date the applicant became a resident, to register in Colorado any vehicle owned by the applicant.

(II) The applicant shall verify the statements required by this paragraph (b) by the applicant's signature on the application.

(2.5) (a) Any male United States citizen or immigrant who applies for an instruction permit or a driver's license or a renewal of any such permit or license and who is at least eighteen years of age but less than twenty-six years of age shall be registered in compliance with the requirements of section 3 of the "Military Selective Service Act", 50 U.S.C. App. sec. 453, as amended.

(b) The department shall forward in an electronic format the necessary personal information of the applicants identified in paragraph (a) of this subsection (2.5) to the selective service system. The applicant's submission of an application shall serve as an indication that the applicant either has already registered with the selective service system or that he is authorizing the department to forward to the selective service system the necessary information for such registration. The department shall notify the applicant that his submission of an application constitutes consent to registration with the selective service system, if so required by federal law.

(3) (a) Except as otherwise provided in paragraph (b) of this subsection (3), an application for a driver's or minor driver's license shall include the applicant's social security number, which shall remain confidential and shall not be placed on the applicant's driver's or minor driver's license; except that such confidentiality shall not extend to the state child support enforcement agency, the department, or a court of competent jurisdiction when requesting information in the course of activities authorized under article 13 of title 26, C.R.S., or article 14 of title 14, C.R.S. If the applicant does not have a social security number, the applicant shall submit a sworn statement made under penalty of law, together with the application, stating that the applicant does not have a social security number.

(b) If federal law is changed to prohibit the collection of social security numbers on driver's license applications, the department shall automatically stop its practice of including applicants' social security numbers on applications for driver's and minor driver's licenses as specified in paragraph (a) of this subsection (3).

(c) A sworn statement that is made under penalty of perjury shall be sufficient evidence of the applicant's social security number required by this subsection (3) and shall authorize the department to issue a driver's or minor driver's license to the applicant. Nothing in this paragraph (c) shall be construed to prevent the department from canceling, denying, recalling, or updating a driver's or minor driver's license if the department learns that the applicant has provided a false social security number.

(4) (a) (Deleted by amendment, L. 2004, p. 1891, 4, effective August 4, 2004.)

(b) (I) (A) The general assembly hereby finds, determines, and declares that the availability of human organs and tissue by voluntary designation of donors under the provisions of the "Revised Uniform Anatomical Gift Act", part 2 of article 19 of title 15, is critical for advancements in medical science to occur and for the successful use of various medical treatments to save and prolong lives.

(B) The general assembly further finds, determines, and declares that state government should play a role in increasing the availability of human organs and tissue to procurement organizations, as defined in section 15-19-202, by acting as a conduit to make money available for promoting organ and tissue donation and that this role constitutes a public purpose.

(II) There is hereby created in the state treasury the Emily Keyes - John W. Buckner organ and tissue donation awareness fund, which shall consist of all moneys credited thereto from all sources including but not limited to moneys collected from voluntary contributions for organ and tissue donation pursuant to subparagraph (V) of this paragraph (b) and section 42-2-118 (1)(a)(II). All moneys in the fund are hereby continuously appropriated to the department of the treasury and shall remain in the fund to be used for the purposes set forth in subparagraph (III) of this paragraph (b) and shall not revert to the general fund or any other fund. All interest derived from the deposit and investment of this fund shall be credited to the fund. At least quarterly, the state treasurer shall transfer all available moneys in the Emily Keyes - John W. Buckner organ and tissue donation awareness fund to Donor Alliance, Inc., or its successor organization, as directed by sub-subparagraph (A) of subparagraph (III) of this paragraph (b).

(III) At least quarterly, the state treasurer shall transfer all available money from the Emily Keyes - John W. Buckner organ and tissue donation awareness fund:

(A) To Donor Alliance, Inc., or its successor organization, to provide funding for activities to promote organ and tissue donation through the creation and dissemination, by means of electronic media and otherwise, of educational information including public service announcements and information to increase awareness in the medical professions and related fields. Donor Alliance, Inc., or its successor organization, shall create, by amendment to its articles of incorporation or bylaws or otherwise, as appropriate, an advisory group to allocate moneys received pursuant to this sub-subparagraph (A). Such advisory body shall include a representative of any qualified transplant organization. Such organizations shall include those for organs, tissue, and living donations. The advisory body created under this sub-subparagraph (A) shall report in writing in a form and manner determined by the department and at such intervals as required by the department on the use of moneys received under this sub-subparagraph (A). No moneys made available pursuant to this paragraph (b) shall be used to encourage fetal tissue donation.

(B) (Deleted by amendment, L. 98, p. 1172, 9, effective June 1, 1998.)

(C) Before any payment to Donor Alliance, Inc., or its successor organization, from the Emily Keyes - John W. Buckner organ and tissue donation awareness fund may be made for any purpose, to the department for the reasonable costs associated with the initial installation of the organ and tissue donor registry, the setup for electronic transfer of the donor information for the organ and tissue donor registry to the federally designated organ procurement organization, and computer programming, reprogramming, and form changes necessary as a result of the creation or modification of the organ and tissue donor registry.

(D) To Donor Alliance, Inc., or its successor organization, for the costs associated with educating the public about the organ and tissue donor registry pursuant to section 15-19-220.

(IV) Appropriations made by the general assembly pursuant to subparagraph (III) of this paragraph (b) shall not exceed moneys in the Emily Keyes - John W. Buckner organ and tissue donation awareness fund that are available for appropriation.

(V) 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 subsection (4)(b)(II) of this section, to promote the donation of organs and tissues under the "Revised Uniform Anatomical Gift Act", part 2 of article 19 of title 15. The department shall collect the financial donations and transmit them to the state treasurer, who shall credit them to the Emily Keyes - John W. Buckner organ and tissue donation awareness fund. The donation prescribed in this subsection (4)(b)(V) 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 subsection (4)(b)(III)(A) of this section. 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 and shall also specifically inform the applicant of the option for organ and tissue donations. The department shall also provide written information designed and approved by the advisory body created under subsection (4)(b)(III)(A) of this section to each applicant volunteering to become an organ and tissue donor. The written information shall disclose 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 donor status. The issuance of an identification card, a driver's license, or an instruction permit with a donor's designation completes the donation process and is effective unless revoked pursuant to section 15-19-206 of the "Revised Uniform Anatomical Gift Act", part 2 of article 19 of title 15.

(V.5) Designation on a donor's driver's license or permit shall fulfill the release requirements set forth in section 24-72-204 (7)(b), C.R.S.

(VI) The provisions of article 16 of title 6, C.R.S., shall not apply to the activities of the department under this paragraph (b).

(VII) By October 1, 2017, and by each October 1 thereafter, Donor Alliance, Inc., or its successor organization, shall submit to the department an annual report detailing the amounts and specific uses of all funds received by Donor Alliance, Inc., from the Emily Keyes - John W. Buckner organ and tissue donation awareness fund.

(VIII) This subsection (4)(b) is repealed, effective September 1, 2027.

(5) Repealed.

(6) 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.

History

Source: L. 94: Entire title amended with relocations, p. 2119, 1, effective January 1, 1995. L. 95: (5) added, p. 1003, 1, effective July 1. L. 96: IP(15)(b) amended, p. 1201, 1, effective June 1; (4) amended, p. 1132, 1, effective July 1. L. 97: (5)(a) amended, p. 1669, 2, effective June 5; (2) amended, p. 1000, 1, effective August 6. L. 98: (4)(a), (4)(b)(II), (4)(b)(III)(B), and (4)(b)(VII) amended, p. 1172, 9, effective June 1; (6) added, p. 1351, 93, effective June 1; (1) amended, p. 294, 1, effective July 1. L. 99: (4)(b)(II) amended, p. 630, 46, effective August 4. L. 2000: (3) amended, p. 1715, 11, effective July 1; (4)(b)(III)(C), (4)(b)(III)(D), and (4)(b)(V.5) added and (4)(b)(V) and (4)(b)(VII) amended, pp. 730, 731, 733, 8, 9, 14, effective July 1; (1)(a), (1)(c), (1)(d), (2)(a), (3), and (5)(a)(I) amended, p. 1349, 16, effective July 1, 2001. L. 2001: (1)(a) amended, p. 938, 2, effective July 1; (2.5) added, p. 646, 1, effective August 8; (3)(a) amended and (3)(c) added, p. 782, 1, effective August 8. L. 2002: (1)(b) amended, p. 171, 1, effective April 2. L. 2004: (4)(a), (4)(b)(II), (4)(b)(III)(C), and (4)(b)(V) amended, p. 1891, 4, effective August 4. L. 2005: (3)(a) amended, p. 642, 4, effective May 27. L. 2007: (4)(b)(II), IP(4)(b)(III), (4)(b)(III)(A), (4)(b)(III)(C), (4)(b)(III)(D), (4)(b)(IV), (4)(b)(V), and (4)(b)(VII) amended, p. 307, 1, effective, March 30; (1)(a)(I) amended, p. 1570, 2, effective July 1; (4)(b)(I), (4)(b)(III)(C), (4)(b)(III)(D), and (4)(b)(V) amended, p. 799, 10, effective July 1. L. 2009: (1)(a)(I) amended, (SB 09-274), ch. 210, p. 951, 1, effective May 1. L. 2010: (1)(a)(I) amended, (HB 10-1387), ch. 205, p. 886, 1, effective May 5. L. 2011: (4)(b)(II) and (4)(b)(III) amended, (HB 11-1303), ch. 264, p. 1177, 99, effective August 10. L. 2012: (1)(a)(I) amended, (HB 12-1216), ch. 80, p. 263, 1, effective July 1. L. 2013: (1)(c) amended, (SB 13-251), ch. 402, p. 2351, 2, effective August 7. L. 2014: (1)(a)(I) amended, (SB 14-194), ch. 346, p. 1543, 6, effective June 5. L. 2016: (2)(a) amended, (HB 16-1021), ch. 322, p. 1307, 1, effective June 10. L. 2017: (4)(b)(I)(A), (4)(b)(I)(B), IP(4)(b)(III), (4)(b)(III)(D), and (4)(b)(V) amended, (SB 17-223), ch. 158, p. 564, 18, effective August 9; (4)(b)(II), IP(4)(b)(III), (4)(b)(III)(A), (4)(b)(III)(C), (4)(b)(IV), (4)(b)(V), and (4)(b)(VII) amended and (4)(b)(VIII) added, (HB 17-1027), ch. 329, p. 1759, 1, effective September 15. L. 2019: (2)(a) amended, (HB 19-1039), ch. 377, p. 3405, 3, effective January 1, 2020. L. 2020: (2)(a)(II) amended, (SB 20-166), ch. 280, p. 1371, 2, effective July 13. L. 2021: (2)(a)(I) and (2)(a)(II)(B) amended, (SB 21-266), ch. 423, p. 2807, 41, effective July 2; IP(2)(b)(I) and (2)(b)(I)(A) amended and (5) repealed, (HB 21-1314), ch. 460, p. 3094, 3, effective January 1, 2022. L. 2022: (1)(a)(I) amended, (HB 22-1339), ch. 135, p. 910, 7, effective July 1.

Annotations

Editor's note: (1) This section is similar to former 42-2-106 as it existed prior to 1994, and the former 42-2-107 was relocated to 42-2-108.

(2) Amendments to subsection (3) by Senate Bill 00-145 and Senate Bill 00-011 were harmonized, effective July 1, 2001.

(3) Amendments to subsections (4)(b)(III)(C), (4)(b)(III)(D), and (4)(b)(V) by Senate Bill 07-037 and House Bill 07-1266 were harmonized.

(4) Amendments to subsections IP(4)(b)(III) and (4)(b)(V) by SB 17-223 and HB 17-1027 were harmonized.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "Organ Donation Update", see 13 Colo. Law. 612 (1984).

Annotator's note. Since 42-2-107 is similar to 42-2-106 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, relevant cases construing that provision have been included with the annotations to this section.

Subsection (3) not unconstitutional when applied to individuals whose religion prohibits the taking of photographs. Johnson v. Motor Vehicle Div., 197 Colo. 455, 593 P.2d 1363, cert. denied, 444 U.S. 885, 100 S. Ct. 179, 62 L. Ed. 2d 116 (1979).

Suspension of a license is not synonymous with suspension of the privilege to drive. Therefore, failure of an applicant to disclose suspension of her driving privilege does not violate the provision that requires disclosure of any license suspension. Edge v. Dept. of Rev., 53 P.3d 652 (Colo. App. 2001).