First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0110.01 Jery Payne x2157
SENATE BILL 23-011
Senate Committees House Committees
Transportation & Energy
A BILL FOR AN ACT
C
ONCERNING THE REGULATION OF PROCESSES ASSOCIATED WITH THE101
LICENSING OF A MINOR TO DRIVE A MOTOR VEHICLE ON A102
ROADWAY.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Transportation Legislation Review Committee. For 10 income
tax years, section 1 of the bill creates a refundable income tax credit for
purchasing driver education and training for a minor. The amount of the
credit is the amount spent on driver education and training, but cannot
exceed $1,000 per student. To claim a credit, an individual must provide
SENATE SPONSORSHIP
Winter F., Sullivan
HOUSE SPONSORSHIP
Boesenecker and Lindsay, Valdez
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. the department of revenue (department) with a receipt for the amount paid
if the department requests the receipt.
Currently, a minor who is under 18 years of age may be issued a
driver's license or temporary driver's license if the minor has held an
instruction permit for 12 months and has completed 50 hours of
supervised driving, including 10 hours of night driving. Section 2 adds
the requirements that the applicant must:
! Complete a 30-hour driver education course, which may
include an online course, approved by the department; and
! Receive at least 6 hours of behind-the-wheel driving
training with a driving instructor or, for minors who live in
rural areas of the state, 12 hours of behind-the-wheel
training with a parent, a legal guardian, or an alternate
permit supervisor.
Additionally, section 2 eliminates the current instructional
requirements for minors under 16 and one-half years of age to hold an
instruction permit for 12 months, complete 50 hours of supervised
driving, including 10 hours of night driving, and receive 6 hours of
behind-the-wheel driving training with a driving instructor or, if the
minor lives more than 30 miles from a business offering driving
instruction, at least 12 hours of training from a parent, legal guardian, or
responsible adult to be eligible for issuance of a driver's license.
Section 2 also adds a requirement that a minor who is 18 years of
age or older and under 21 years of age must successfully complete a
4-hour prequalification driver awareness program approved by the
department to be issued a driver's license or temporary driver's license.
Current law authorizes the department to issue an instruction
permit to a minor if the minor meets one of the following conditions:
! A minor who is 16 years of age or older need not complete
a driver education course;
! A minor who is at least 15 and one-half years of age but
under 16 years of age must have completed a driver
education course or a 4-hour driver awareness course; or
! A minor who is 15 years of age or older but under 15 and
one-half years of age must have completed a driver
education course.
Sections 2 and 3 eliminate the tiered system and require all minors
who are under 18 years of age to complete a 30-hour driver education
course and minors who are 18 years of age or older but under 21 years of
age to complete a 4-hour driver awareness course.
Section 5 prohibits a person who has been convicted of certain
violent or sexual crimes from providing behind-the-wheel driving
instruction to minors. A commercial driving school is prohibited from
employing such a driving instructor to provide behind-the-wheel driving
instruction to minors. Each instructor employed by a commercial driving
SB23-011
-2- school must obtain a fingerprint-based criminal history record check to
verify that the instructor has not committed a disqualifying crime.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 39-22-549 as2
follows:3
39-22-549. Credit for qualified driving instructional expense4
- legislative declaration - definitions - repeal. (1) (a) T
HE GENERAL5
ASSEMBLY HEREBY FINDS AND DECLARES THAT , IN ACCORDANCE WITH6
SECTION 39-21-304 (1), THE PURPOSE OF THIS TAX EXPENDITURE IS TO:7
(I) I
NDUCE TAXPAYERS TO OBTAIN DRIVER EDUCATION AND8
TRAINING FOR MINOR DRIVERS THAT WILL INCREASE ROAD SAFETY IN9
C
OLORADO FOR BOTH THE MINOR AND OTHER DRIVERS ; AND10
(II) P
ROVIDE TAX RELIEF FOR TAXPAYERS THAT COMPLETE DRIVER11
EDUCATION AND TRAINING.12
(b) T
HE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL13
MEASURE THE EFFECTIVENESS OF THE CREDIT IN ACHIEVING THE PURPOSE14
SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION BASED ON THE INCREASE15
IN THE NUMBER OF MINOR DRIVERS THAT COMPLETE A DRIVER EDUCATION16
AND TRAINING PROGRAM AFTER THE EFFECTIVE DATE OF THIS SECTION .17
(2) A
S USED IN THIS SECTION:18
(a) "C
REDIT" MEANS THE CREDIT, CREATED IN THIS SECTION,19
AGAINST THE INCOME TAX IMPOSED IN THIS ARTICLE 22.20
(b) "D
EPARTMENT" MEANS THE DEPARTMENT OF REVENUE .21
(c) "Q
UALIFIED DRIVING INSTRUCTIONAL EXPENSE " MEANS THE:22
(I) T
HIRTY-HOUR DRIVER EDUCATION COURSE APPROVED BY THE23
DEPARTMENT THAT IS REQUIRED IN SECTION 42-2-104 (4)(a)(III); OR24
(II) S
IX HOURS OF BEHIND-THE-WHEEL DRIVING TRAINING WITH A25
SB23-011-3- DRIVING INSTRUCTOR EMPLOYED BY OR ASSOCIATED WITH A DRIVER1
EDUCATION COURSE AS DESCRIBED IN SECTION 42-4-104 (4)(a)(IV)(A).2
(d) "Q
UALIFIED INDIVIDUAL" MEANS AN INDIVIDUAL WHO PAID A3
QUALIFIED DRIVING INSTRUCTIONAL EXPENSE FOR :4
(I) T
HE INDIVIDUAL, IF A MINOR;5
(II) A
MINOR DEPENDENT OF THE INDIVIDUAL ;6
(III) A
MINOR FOSTER CHILD OF THE INDIVIDUAL; OR7
(IV) A
NY MINOR MEMBER OF THE INDIVIDUAL 'S IMMEDIATE8
FAMILY.9
(3) F
OR ANY INCOME TAX YEAR COMMENCING ON OR AFTER10
J
ANUARY 1, 2023, BUT BEFORE JANUARY 1, 2033, A QUALIFIED11
INDIVIDUAL IS ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS12
ARTICLE 22 FOR A QUALIFIED DRIVING INSTRUCTIONAL EXPENSE ; EXCEPT13
THAT THE AMOUNT OF THE CREDIT MUST NOT EXCEED ONE THOUSAND14
DOLLARS PER STUDENT WHO RECEIVED EDUCATION OR TRAINING FOR THE15
INCOME TAX YEAR COMMENCING ON JANUARY 1, 2023, AS ADJUSTED FOR16
INFLATION FOR EACH INCOME TAX YEAR THEREAFTER .17
(4) T
HE AMOUNT OF THE CREDIT THAT EXCEEDS THE QUALIFIED18
INDIVIDUAL'S INCOME TAXES DUE IS REFUNDED TO THE QUALIFIED19
INDIVIDUAL.20
(5) T
O CLAIM A CREDIT, A QUALIFIED INDIVIDUAL MUST PROVIDE21
TO THE DEPARTMENT, UPON THE DEPARTMENT'S REQUEST, A RECEIPT FOR22
THE AMOUNT THE INDIVIDUAL PAID FOR THE QUALIFYING DRIVING23
INSTRUCTIONAL EXPENSE.24
(6) T
HE CREDIT IS NOT CONSIDERED TO BE INCOME OR RESOURCES25
FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR THE PAYMENT OF26
PUBLIC ASSISTANCE BENEFITS OR MEDICAL ASSISTANCE BENEFITS27
SB23-011
-4- AUTHORIZED UNDER STATE LAW OR FOR A PAYMENT MADE UNDER ANY1
OTHER PUBLICLY FUNDED PROGRAMS .2
(7) T
HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2038.3
SECTION 2. In Colorado Revised Statutes, 42-2-104, amend4
(4)(a); repeal (5); and add (5.5) as follows:5
42-2-104. Licenses issued - denied. (4) (a) The department shall6
not issue a driver's license, including a temporary driver's license under7
section 42-2-106 (2)
42-2-106 (5), to a person under eighteen years of age8
unless the person has:9
(I) Applied for, been issued, and possessed an appropriate10
instruction permit for at least twelve months; and11
(II) Submitted a log or other written evidence on a standardized12
form approved by the department certifying that the person has completed13
not less than fifty hours,
OF WHICH NOT LESS THAN TEN HOURS MUST HAVE14
BEEN COMPLETED WHILE DRIVING AT NIGHT , of actual driving experience15
of which not less than ten hours must have been completed while driving
16
at night, which WITH A DRIVING SUPERVISOR LISTED IN SECTION 42-2-10617
(2)(b), (2)(c),
OR (2)(e). THE form is
MUST BE signed by:18
(A) The person's parent or guardian or by a ANOTHER responsible19
adult;20
(B) The instructor of a driver's DRIVER education course approved21
by the department; or22
(C) Any individual who is twenty-one years of age or older, who23
holds a valid driver's license, and who instructed the applicant if the24
applicant is a foster child.25
(III) S
UCCESSFULLY COMPLETED A THIRTY -HOUR DRIVER26
EDUCATION COURSE, WHICH MAY BE COMPLETED ONLINE , THAT IS27
SB23-011
-5- APPROVED BY THE DEPARTMENT ; AND1
(IV) R
ECEIVED A MINIMUM OF:2
(A) S
IX HOURS OF BEHIND-THE-WHEEL DRIVING TRAINING WITH A3
DRIVING INSTRUCTOR EMPLOYED BY OR ASSOCIATED WITH A DRIVER4
EDUCATION COURSE THAT IS APPROVED BY THE DEPARTMENT ; OR5
(B) T
WELVE HOURS OF BEHIND -THE-WHEEL DRIVING TRAINING6
DIRECTED BY A PARENT, A LEGAL GUARDIAN, OR AN ALTERNATE PERMIT7
SUPERVISOR APPOINTED IN ACCORDANCE WITH SECTION 42-2-106 (2)(e)(I)8
IF NO ENTITY OFFERS APPROVED BEHIND -THE-WHEEL DRIVING TRAINING9
AT LEAST TWENTY HOURS A WEEK FROM A PERMANENT LOCATION WITH AN10
ADDRESS THAT IS WITHIN THIRTY MILES OF THE PERMIT HOLDER 'S11
RESIDENCE.12
(5) The department shall not issue a driver's license to a person
13
under sixteen years and six months of age unless the person has either:14
(a) Received a minimum of twelve hours of15
driving-behind-the-wheel training directed by a parent, a legal guardian,16
or an alternate permit supervisor, which training shall be in addition to the17
driving experience required by subsection (4) of this section, if no entity18
offers approved behind-the-wheel driver training at least twenty hours a19
week from a permanent location with an address that is within thirty miles20
of the permit holder's residence; or21
(b) Received a minimum of six hours of driving-behind-the-wheel22
training with a driving instructor employed or associated with an23
approved driver education course.24
(5.5) T
HE DEPARTMENT SHALL NOT ISSUE A DRIVER 'S LICENSE,25
INCLUDING A TEMPORARY DRIVER'S LICENSE UNDER SECTION 42-2-106 (5),26
TO A PERSON WHO IS EIGHTEEN YEARS OF AGE OR OLDER AND UNDER27
SB23-011
-6- TWENTY-ONE YEARS OF AGE UNLESS THE PERSON HAS SUCCESSFULLY1
COMPLETED A FOUR -HOUR PREQUALIFICATION DRIVER AWARENESS2
PROGRAM THAT IS APPROVED BY THE DEPARTMENT OR A THIRTY -HOUR3
DRIVER EDUCATION COURSE THAT IS APPROVED BY THE DEPARTMENT .4
SECTION 3. In Colorado Revised Statutes, repeal and reenact,5
with amendments, 42-2-106 as follows:6
42-2-106. Instruction permits and temporary licenses -7
penalty. (1) (a) T
HE DEPARTMENT SHALL ISSUE AN INSTRUCTION PERMIT8
TO A MINOR WHO IS FIFTEEN YEARS OF AGE OR OLDER AND UNDER9
TWENTY-ONE YEARS OF AGE AND WHO:10
(I) H
AS SUCCESSFULLY COMPLETED A THIRTY -HOUR DRIVER11
EDUCATION COURSE THAT IS APPROVED BY THE DEPARTMENT ; AND12
(II) M
EETS THE REQUIREMENTS TO BE ISSUED AN INSTRUCTION13
PERMIT IN ACCORDANCE WITH SECTIONS 42-2-107 AND 42-2-108.14
(b) T
HE DEPARTMENT SHALL ISSUE AN INSTRUCTION PERMIT TO A15
MINOR WHO IS EIGHTEEN YEARS OF AGE OR OLDER AND WHO :16
(I) H
AS SUCCESSFULLY COMPLETED A THIRTY -HOUR DRIVER17
EDUCATION COURSE THAT IS APPROVED BY THE DEPARTMENT OR A18
FOUR-HOUR PREQUALIFICATION DRIVER AWARENESS PROGRAM THAT IS19
APPROVED BY THE DEPARTMENT ; AND20
(II) Q
UALIFIES FOR AN INSTRUCTION PERMIT IN ACCORDANCE WITH21
SECTIONS 42-2-107 AND 42-2-108.22
(c) T
HE DEPARTMENT SHALL ISSUE AN INSTRUCTION PERMIT TO A23
MINOR WHO IS QUALIFIED UNDER SUBSECTION (1)(a) OR (1)(b) OF THIS24
SECTION AND WHO HAS A DISABILITY THAT REQUIRES THE PERSON TO USE25
A SPECIAL VEHICLE OR THAT QUALIFIES THE MINOR FOR PARKING26
PRIVILEGES UNDER SECTION 42-3-204, BUT THE DEPARTMENT MAY SET27
SB23-011
-7- ADDITIONAL REASONABLE REQUIREMENTS ON THE USE OF THE1
INSTRUCTION PERMIT.2
(2) (a) A
N INSTRUCTION PERMIT ENTITLES THE HOLDER TO DRIVE3
A MOTOR VEHICLE ON A ROADWAY IF THE MINOR COMPLIES WITH4
SUBSECTION (2)(b) OF THIS SECTION.5
(b) E
XCEPT AS PROVIDED IN SUBSECTION (2)(c), (2)(d), OR (2)(e)6
OF THIS SECTION, AN INSTRUCTION PERMIT HOLDER SHALL NOT DRIVE A7
MOTOR VEHICLE ON A ROADWAY UNLESS :8
(I) T
HE PERMIT IS IN THE HOLDER'S IMMEDIATE POSSESSION; AND9
(II) O
NE OF THE FOLLOWING PERSONS WHO HOLDS A COLORADO10
DRIVER'S LICENSE IS SUPERVISING THE PERMIT HOLDER FROM THE FRONT11
PASSENGER SEAT OR, IF THE MOTOR VEHICLE IS A MOTORCYCLE, IN CLOSE12
PROXIMITY TO WHERE THE PERMIT HOLDER IS DRIVING :13
(A) T
HE MINOR'S PARENT OR STEPPARENT;14
(B) T
HE MINOR'S GRANDPARENT WITH POWER OF ATTORNEY ;15
(C) T
HE GUARDIAN WHO COSIGNED THE APPLICATION FOR THE16
MINOR'S INSTRUCTION PERMIT;17
(D) T
HE FOSTER PARENT WHO COSIGNED THE APPLICATION FOR18
THE MINOR'S INSTRUCTION PERMIT;19
(E) A
N APPROVED DRIVER EDUCATION INSTRUCTOR IF THE MOTOR20
VEHICLE COMPLIES WITH SECTION 42-2-602 AND IS MARKED TO INDICATE21
THAT IT IS USED FOR INSTRUCTION;22
(F) A
PERSON AUTHORIZED TO SUPERVISE A FOSTER CHILD IN23
SUBSECTION (2)(c) OF THIS SECTION; OR24
(G) A
N ALTERNATE PERMIT SUPERVISOR APPOINTED IN25
ACCORDANCE WITH SUBSECTION (2)(e)(I) OF THIS SECTION.26
(c) N
OTWITHSTANDING SUBSECTION (2)(d) OF THIS SECTION, A27
SB23-011
-8- FOSTER CHILD MAY DRIVE WITH AND FULFILL THE FIFTY -HOUR DRIVING1
REQUIREMENT ESTABLISHED IN SECTION 42-2-104 (4)(a)(II) WITH ANY2
PERSON WHO:3
(I) H
OLDS A VALID DRIVER'S LICENSE;4
(II) I
S TWENTY-ONE YEARS OF AGE OR OLDER; AND5
(III) O
CCUPIES THE FRONT PASSENGER SEAT, IN CLOSE PROXIMITY6
TO THE FOSTER CHILD, FOR THE PURPOSES OF INSTRUCTION.7
(d) T
HE PARENT, STEPPARENT, GRANDPARENT WITH POWER OF8
ATTORNEY, GUARDIAN WHO COSIGNED THE APPLICATION FOR THE MINOR 'S9
INSTRUCTION PERMIT, OR FOSTER PARENT WHO COSIGNED THE10
APPLICATION FOR THE MINOR'S INSTRUCTION PERMIT MAY ALLOW THE11
MINOR TO DRIVE WITH AN INDIVIDUAL WHO HOLDS A VALID DRIVER 'S12
LICENSE AND IS TWENTY-ONE YEARS OF AGE OR OLDER FOR ADDITIONAL13
DRIVING EXPERIENCE, BUT THE ADDITIONAL DRIVING EXPERIENCE DOES14
NOT COUNT TOWARD THE FIFTY -HOUR DRIVING REQUIREMENT15
ESTABLISHED IN SECTION 42-2-104 (4)(a)(II).16
(e) (I) I
F THE PARENT, STEPPARENT, GRANDPARENT WITH POWER17
OF ATTORNEY, GUARDIAN WHO COSIGNED THE APPLICATION FOR THE18
MINOR'S INSTRUCTION PERMIT, OR FOSTER PARENT WHO COSIGNED THE19
APPLICATION FOR THE MINOR'S INSTRUCTION PERMIT DOES NOT HAVE A20
C
OLORADO DRIVER'S LICENSE, THE PERSON MAY APPOINT AN ALTERNATE21
PERMIT SUPERVISOR WHO HOLDS A COLORADO DRIVER'S LICENSE.22
(II) I
F THE PARENT, STEPPARENT, GRANDPARENT WITH POWER OF23
ATTORNEY, GUARDIAN WHO COSIGNED THE APPLICATION FOR THE MINOR 'S24
INSTRUCTION PERMIT, OR FOSTER PARENT WHO COSIGNED THE25
APPLICATION FOR THE MINOR'S INSTRUCTION PERMIT IS IN THE UNITED26
S
TATES MILITARY AND DOES NOT HAVE A COLORADO DRIVER'S LICENSE,27
SB23-011
-9- THE PERSON MAY SUPERVISE THE INSTRUCTION PERMIT HOLDER IF THE1
PERSON HOLDS A VALID DRIVER 'S LICENSE FROM ANOTHER STATE , IS2
AUTHORIZED TO DRIVE A MOTOR VEHICLE OR MOTORCYCLE , AND HAS3
PROPER MILITARY IDENTIFICATION.4
(3) T
O BE AN APPROVED DRIVING INSTRUCTOR , THE INSTRUCTOR5
MUST HAVE A VALID DRIVER 'S LICENSE. TO BE AN APPROVED DRIVING6
INSTRUCTOR WHO GIVES INSTRUCTION IN MOTORCYCLES , THE INSTRUCTOR7
MUST HAVE A VALID MOTORCYCLE DRIVER 'S LICENSE OR ENDORSEMENT8
FROM COLORADO AND HAVE SUCCESSFULLY COMPLETED AN INSTRUCTION9
PROGRAM IN MOTORCYCLE SAFETY THAT IS APPROVED BY THE10
DEPARTMENT.11
(4) A
N INSTRUCTION PERMIT EXPIRES THREE YEARS AFTER THE12
DATE OF ISSUANCE; EXCEPT THAT A TEMPORARY INSTRUCTION PERMIT TO13
DRIVE A COMMERCIAL MOTOR VEHICLE , AS DEFINED IN SECTION 42-2-40214
(4),
EXPIRES ONE YEAR AFTER THE DATE OF ISSUANCE .15
(5) (a) T
HE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A16
TEMPORARY MINOR DRIVER 'S LICENSE OR TEMPORARY DRIVER'S LICENSE17
TO AN APPLICANT WHO IS NOT A FIRST-TIME APPLICANT IN COLORADO OR18
WHO IS UNDER EIGHTEEN YEARS OF AGE AND IS ACCOMPANIED BY A19
PERSON WHO SIGNS AN AFFIDAVIT OF LIABILITY IN ACCORDANCE WITH20
SECTION 42-2-108 (1) THAT WILL PERMIT THE APPLICANT TO OPERATE A21
MOTOR VEHICLE WHILE THE DEPARTMENT COMPLETES ITS VERIFICATION22
OF ALL FACTS RELATIVE TO THE APPLICANT'S RIGHT TO RECEIVE A MINOR23
DRIVER'S LICENSE OR DRIVER'S LICENSE.24
(b) T
HE DEPARTMENT SHALL ISSUE A TEMPORARY MINOR DRIVER 'S25
LICENSE OR TEMPORARY DRIVER'S LICENSE TO A FIRST-TIME APPLICANT IN26
C
OLORADO FOR A MINOR DRIVER 'S LICENSE OR DRIVER'S LICENSE THAT27
SB23-011
-10- WILL PERMIT THE APPLICANT TO OPERATE A MOTOR VEHICLE WHILE THE1
DEPARTMENT COMPLETES ITS VERIFICATION OF ALL FACTS RELATIVE TO2
THE APPLICANT'S RIGHT TO RECEIVE A MINOR DRIVER 'S LICENSE OR3
DRIVER'S LICENSE, INCLUDING THE AGE, IDENTITY, AND RESIDENCY OF THE4
APPLICANT, UNLESS THE APPLICANT IS UNDER EIGHTEEN YEARS OF AGE5
AND IS ACCOMPANIED BY A PERSON WHO SIGNS AN AFFIDAVIT OF LIABILITY6
IN ACCORDANCE WITH SECTION 42-2-108 (1). THE VERIFICATION MUST7
INCLUDE A COMPARISON OF EXISTING DRIVER 'S LICENSE AND8
IDENTIFICATION CARD IMAGES IN DEPARTMENT FILES WITH THE9
APPLICANT'S IMAGES TO ENSURE THE APPLICANT HAS ONLY ONE IDENTITY .10
(c) A
TEMPORARY DRIVER'S LICENSE OR TEMPORARY MINOR11
DRIVER'S LICENSE IS VALID FOR UP TO ONE YEAR AS DETERMINED BY THE12
DEPARTMENT, UNLESS EXTENDED BY THE DEPARTMENT , AND MUST BE IN13
THE APPLICANT'S IMMEDIATE POSSESSION WHILE OPERATING A MOTOR14
VEHICLE. A TEMPORARY DRIVER 'S LICENSE OR TEMPORARY MINOR15
DRIVER'S LICENSE IMMEDIATELY BECOMES INVALID WHEN THE PERMANENT16
DRIVER'S LICENSE HAS BEEN ISSUED OR HAS BEEN REFUSED FOR GOOD17
CAUSE.18
(6) A
PERSON WHO VIOLATES THIS SECTION COMMITS A CLASS A19
TRAFFIC INFRACTION.20
SECTION 4. In Colorado Revised Statutes, 42-2-107, amend21
(1)(a)(II) as follows:22
42-2-107. Application for license or instruction permit -23
anatomical gifts - donations to Emily Keyes - John W. Buckner organ24
and tissue donation awareness fund - legislative declaration - rules -25
annual report - repeal. (1) (a) (II) If an applicant is applying for an26
instruction permit, or
driver's LICENSE, or minor driver's license for the27
SB23-011
-11- first time in Colorado and the applicant otherwise meets the requirements1
for such license or permit, the applicant shall receive a temporary license,2
TEMPORARY MINOR DRIVER 'S LICENSE, or instruction permit pursuant to3
section 42-2-106 (2)
42-2-106 (5) until the department verifies all facts4
relative to such THE applicant's right to receive an instruction permit, or5
minor driver's
LICENSE, or driver's license, including the age, identity, and6
residency of the applicant.7
SECTION 5. In Colorado Revised Statutes, add 42-2-605 as8
follows:9
42-2-605. Criminal history of commercial driving instructors10
- rules. (1) A
COMMERCIAL DRIVING INSTRUCTOR SHALL NOT PROVIDE ,11
AND A COMMERCIAL DRIVING SCHOOL SHALL NOT EMPLOY A COMMERCIAL12
DRIVING INSTRUCTOR TO PROVIDE , BEHIND-THE-WHEEL DRIVING13
INSTRUCTION TO A MINOR IF THE COMMERCIAL DRIVING INSTRUCTOR HAS14
BEEN, WITHIN THE LAST TWENTY YEARS, CONVICTED OF OR PLEAD GUILTY15
OR NOLO CONTENDERE TO:16
(a) A
CRIMINAL VIOLATION OF ARTICLE 3; PART 4 OR 8 OF ARTICLE17
6;
ARTICLE 6.5; OR PART 4, 5, OR 8 OF ARTICLE 7 OF TITLE 18;18
(b) A
NY OTHER CRIME THAT THE DEPARTMENT DETERMINES , BY19
RULE, PLACES A MINOR AT RISK OF SEXUAL MISCONDUCT OR VIOLENCE20
WHEN DRIVING WITH THE COMMERCIAL DRIVING INSTRUCTOR ; OR21
(c) A
CRIMINAL VIOLATION OF ARTICLE 2 OF TITLE 18, THE BASIS22
OF WHICH IS AN OFFENSE LISTED IN SUBSECTION (1)(a) OR (1)(b) OF THIS23
SECTION.24
(2) (a) A
COMMERCIAL DRIVING SCHOOL SHALL NOT EMPLOY OR25
AUTHORIZE A COMMERCIAL DRIVING INSTRUCTOR TO PROVIDE26
BEHIND-THE-WHEEL DRIVING INSTRUCTION TO A MINOR UNLESS THE27
SB23-011
-12- COMMERCIAL DRIVING INSTRUCTOR HAS OBTAINED A FINGERPRINT -BASED1
CRIMINAL HISTORY RECORD CHECK IN ACCORDANCE WITH SUBSECTION2
(2)(b)
OF THIS SECTION. THE COMMERCIAL DRIVING SCHOOL SHALL SUBMIT3
TO THE DEPARTMENT THE NAME OF EACH COMMERCIAL DRIVING4
INSTRUCTOR THAT IT INTENDS TO EMPLOY OR TO AUTHORIZE TO PROVIDE5
BEHIND-THE-WHEEL DRIVING INSTRUCTION TO MINORS .6
(b) A
COMMERCIAL DRIVING SCHOOL SHALL REQUIRE EACH7
COMMERCIAL DRIVING INSTRUCTOR WHO PROVIDES BEHIND -THE-WHEEL8
DRIVING INSTRUCTION TO MINORS TO SUBMIT A COMPLETE SET OF9
FINGERPRINTS TO A LOCAL LAW ENFORCEMENT AGENCY . THE LAW10
ENFORCEMENT AGENCY SHALL SUBMIT THE FINGERPRINTS TO THE11
C
OLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING12
A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE13
C
OLORADO BUREAU OF INVESTIGATION SHALL FORWARD THE14
FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR THE15
PURPOSE OF CONDUCTING A FINGERPRINT -BASED CRIMINAL HISTORY16
RECORD CHECK. THE COLORADO BUREAU OF INVESTIGATION SHALL17
FORWARD THE RESULTS TO THE DEPARTMENT . THE DEPARTMENT MAY18
ACQUIRE A NAME-BASED JUDICIAL RECORD CHECK FOR A COMMERCIAL19
DRIVING INSTRUCTOR WHO HAS TWICE SUBMITTED TO A20
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK AND WHOSE21
FINGERPRINTS ARE UNCLASSIFIABLE . THE DEPARTMENT SHALL NOTIFY22
EACH COMMERCIAL DRIVING SCHOOL THAT EMPLOYS THE COMMERCIAL23
DRIVING INSTRUCTOR OF ANY CRIMINAL CONVICTION OR PLEA OF GUILTY24
OR NOLO CONTENDERE THAT DISQUALIFIES THE COMMERCIAL DRIVING25
INSTRUCTOR FROM PROVIDING INSTRUCTION IN ACCORDANCE WITH26
SUBSECTION (1) OF THIS SECTION. THE COMMERCIAL DRIVING INSTRUCTOR27
SB23-011
-13- SHALL PAY THE COSTS ASSOCIATED WITH THE FINGERPRINT -BASED1
CRIMINAL HISTORY RECORD CHECK TO THE COLORADO BUREAU OF2
INVESTIGATION.3
SECTION 6. Act subject to petition - effective date -4
applicability. (1) This act takes effect at 12:01 a.m. on the day following5
the expiration of the ninety-day period after final adjournment of the6
general assembly; except that, if a referendum petition is filed pursuant7
to section 1 (3) of article V of the state constitution against this act or an8
item, section, or part of this act within such period, then the act, item,9
section, or part will not take effect unless approved by the people at the10
general election to be held in November 2024 and, in such case, will take11
effect on the date of the official declaration of the vote thereon by the12
governor.13
(2) This act applies to acts committed on or after the effective date14
of this act.15
SB23-011
-14-