Colorado 2023 Regular Session

Colorado Senate Bill SB011 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 23-0110.01 Jery Payne x2157
8	8	SENATE BILL 23-011
9	9	Senate Committees House Committees
10	10	Transportation & Energy
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING THE REGULATION OF PROCESSES ASSOCIATED WITH THE101
14	14	LICENSING OF A MINOR TO DRIVE A MOTOR VEHICLE ON A102
15	15	ROADWAY.103
16	16	Bill Summary
17	17	(Note: This summary applies to this bill as introduced and does
18	18	not reflect any amendments that may be subsequently adopted. If this bill
19	19	passes third reading in the house of introduction, a bill summary that
20	20	applies to the reengrossed version of this bill will be available at
21	21	http://leg.colorado.gov/
22	22	.)
23	23	Transportation Legislation Review Committee. For 10 income
24	24	tax years, section 1 of the bill creates a refundable income tax credit for
25	25	purchasing driver education and training for a minor. The amount of the
26	26	credit is the amount spent on driver education and training, but cannot
27	27	exceed $1,000 per student. To claim a credit, an individual must provide
28	28	SENATE SPONSORSHIP
29	29	Winter F., Sullivan
30	30	HOUSE SPONSORSHIP
31	31	Boesenecker and Lindsay, Valdez
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
34	34	Dashes through the words indicate deletions from existing statute. the department of revenue (department) with a receipt for the amount paid
35	35	if the department requests the receipt.
36	36	Currently, a minor who is under 18 years of age may be issued a
37	37	driver's license or temporary driver's license if the minor has held an
38	38	instruction permit for 12 months and has completed 50 hours of
39	39	supervised driving, including 10 hours of night driving. Section 2 adds
40	40	the requirements that the applicant must:
41	41	! Complete a 30-hour driver education course, which may
42	42	include an online course, approved by the department; and
43	43	! Receive at least 6 hours of behind-the-wheel driving
44	44	training with a driving instructor or, for minors who live in
45	45	rural areas of the state, 12 hours of behind-the-wheel
46	46	training with a parent, a legal guardian, or an alternate
47	47	permit supervisor.
48	48	Additionally, section 2 eliminates the current instructional
49	49	requirements for minors under 16 and one-half years of age to hold an
50	50	instruction permit for 12 months, complete 50 hours of supervised
51	51	driving, including 10 hours of night driving, and receive 6 hours of
52	52	behind-the-wheel driving training with a driving instructor or, if the
53	53	minor lives more than 30 miles from a business offering driving
54	54	instruction, at least 12 hours of training from a parent, legal guardian, or
55	55	responsible adult to be eligible for issuance of a driver's license.
56	56	Section 2 also adds a requirement that a minor who is 18 years of
57	57	age or older and under 21 years of age must successfully complete a
58	58	4-hour prequalification driver awareness program approved by the
59	59	department to be issued a driver's license or temporary driver's license.
60	60	Current law authorizes the department to issue an instruction
61	61	permit to a minor if the minor meets one of the following conditions:
62	62	! A minor who is 16 years of age or older need not complete
63	63	a driver education course;
64	64	! A minor who is at least 15 and one-half years of age but
65	65	under 16 years of age must have completed a driver
66	66	education course or a 4-hour driver awareness course; or
67	67	! A minor who is 15 years of age or older but under 15 and
68	68	one-half years of age must have completed a driver
69	69	education course.
70	70	Sections 2 and 3 eliminate the tiered system and require all minors
71	71	who are under 18 years of age to complete a 30-hour driver education
72	72	course and minors who are 18 years of age or older but under 21 years of
73	73	age to complete a 4-hour driver awareness course.
74	74	Section 5 prohibits a person who has been convicted of certain
75	75	violent or sexual crimes from providing behind-the-wheel driving
76	76	instruction to minors. A commercial driving school is prohibited from
77	77	employing such a driving instructor to provide behind-the-wheel driving
78	78	instruction to minors. Each instructor employed by a commercial driving
79	79	SB23-011
80	80	-2- school must obtain a fingerprint-based criminal history record check to
81	81	verify that the instructor has not committed a disqualifying crime.
82	82	Be it enacted by the General Assembly of the State of Colorado:1
83	83	SECTION 1. In Colorado Revised Statutes, add 39-22-549 as2
84	84	follows:3
85	85	39-22-549. Credit for qualified driving instructional expense4
86	86	- legislative declaration - definitions - repeal. (1) (a) T
87	87	HE GENERAL5
88	88	ASSEMBLY HEREBY FINDS AND DECLARES THAT , IN ACCORDANCE WITH6
89	89	SECTION 39-21-304 (1), THE PURPOSE OF THIS TAX EXPENDITURE IS TO:7
90	90	(I) I
91	91	NDUCE TAXPAYERS TO OBTAIN DRIVER EDUCATION AND8
92	92	TRAINING FOR MINOR DRIVERS THAT WILL INCREASE ROAD SAFETY IN9
93	93	C
94	94	OLORADO FOR BOTH THE MINOR AND OTHER DRIVERS ; AND10
95	95	(II) P
96	96	ROVIDE TAX RELIEF FOR TAXPAYERS THAT COMPLETE DRIVER11
97	97	EDUCATION AND TRAINING.12
98	98	(b) T
99	99	HE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL13
100	100	MEASURE THE EFFECTIVENESS OF THE CREDIT IN ACHIEVING THE PURPOSE14
101	101	SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION BASED ON THE INCREASE15
102	102	IN THE NUMBER OF MINOR DRIVERS THAT COMPLETE A DRIVER EDUCATION16
103	103	AND TRAINING PROGRAM AFTER THE EFFECTIVE DATE OF THIS SECTION .17
104	104	(2) A
105	105	S USED IN THIS SECTION:18
106	106	(a) "C
107	107	REDIT" MEANS THE CREDIT, CREATED IN THIS SECTION,19
108	108	AGAINST THE INCOME TAX IMPOSED IN THIS ARTICLE 22.20
109	109	(b) "D
110	110	EPARTMENT" MEANS THE DEPARTMENT OF REVENUE .21
111	111	(c) "Q
112	112	UALIFIED DRIVING INSTRUCTIONAL EXPENSE " MEANS THE:22
113	113	(I) T
114	114	HIRTY-HOUR DRIVER EDUCATION COURSE APPROVED BY THE23
115	115	DEPARTMENT THAT IS REQUIRED IN SECTION 42-2-104 (4)(a)(III); OR24
116	116	(II) S
117	117	IX HOURS OF BEHIND-THE-WHEEL DRIVING TRAINING WITH A25
118	118	SB23-011-3- DRIVING INSTRUCTOR EMPLOYED BY OR ASSOCIATED WITH A DRIVER1
119	119	EDUCATION COURSE AS DESCRIBED IN SECTION 42-4-104 (4)(a)(IV)(A).2
120	120	(d) "Q
121	121	UALIFIED INDIVIDUAL" MEANS AN INDIVIDUAL WHO PAID A3
122	122	QUALIFIED DRIVING INSTRUCTIONAL EXPENSE FOR :4
123	123	(I) T
124	124	HE INDIVIDUAL, IF A MINOR;5
125	125	(II) A
126	126	MINOR DEPENDENT OF THE INDIVIDUAL ;6
127	127	(III) A
128	128	MINOR FOSTER CHILD OF THE INDIVIDUAL; OR7
129	129	(IV) A
130	130	NY MINOR MEMBER OF THE INDIVIDUAL 'S IMMEDIATE8
131	131	FAMILY.9
132	132	(3) F
133	133	OR ANY INCOME TAX YEAR COMMENCING ON OR AFTER10
134	134	J
135	135	ANUARY 1, 2023, BUT BEFORE JANUARY 1, 2033, A QUALIFIED11
136	136	INDIVIDUAL IS ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS12
137	137	ARTICLE 22 FOR A QUALIFIED DRIVING INSTRUCTIONAL EXPENSE ; EXCEPT13
138	138	THAT THE AMOUNT OF THE CREDIT MUST NOT EXCEED ONE THOUSAND14
139	139	DOLLARS PER STUDENT WHO RECEIVED EDUCATION OR TRAINING FOR THE15
140	140	INCOME TAX YEAR COMMENCING ON JANUARY 1, 2023, AS ADJUSTED FOR16
141	141	INFLATION FOR EACH INCOME TAX YEAR THEREAFTER .17
142	142	(4) T
143	143	HE AMOUNT OF THE CREDIT THAT EXCEEDS THE QUALIFIED18
144	144	INDIVIDUAL'S INCOME TAXES DUE IS REFUNDED TO THE QUALIFIED19
145	145	INDIVIDUAL.20
146	146	(5) T
147	147	O CLAIM A CREDIT, A QUALIFIED INDIVIDUAL MUST PROVIDE21
148	148	TO THE DEPARTMENT, UPON THE DEPARTMENT'S REQUEST, A RECEIPT FOR22
149	149	THE AMOUNT THE INDIVIDUAL PAID FOR THE QUALIFYING DRIVING23
150	150	INSTRUCTIONAL EXPENSE.24
151	151	(6) T
152	152	HE CREDIT IS NOT CONSIDERED TO BE INCOME OR RESOURCES25
153	153	FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR THE PAYMENT OF26
154	154	PUBLIC ASSISTANCE BENEFITS OR MEDICAL ASSISTANCE BENEFITS27
155	155	SB23-011
156	156	-4- AUTHORIZED UNDER STATE LAW OR FOR A PAYMENT MADE UNDER ANY1
157	157	OTHER PUBLICLY FUNDED PROGRAMS .2
158	158	(7) T
159	159	HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2038.3
160	160	SECTION 2. In Colorado Revised Statutes, 42-2-104, amend4
161	161	(4)(a); repeal (5); and add (5.5) as follows:5
162	162	42-2-104. Licenses issued - denied. (4) (a) The department shall6
163	163	not issue a driver's license, including a temporary driver's license under7
164	164	section 42-2-106 (2)
165	165	42-2-106 (5), to a person under eighteen years of age8
166	166	unless the person has:9
167	167	(I) Applied for, been issued, and possessed an appropriate10
168	168	instruction permit for at least twelve months; and11
169	169	(II) Submitted a log or other written evidence on a standardized12
170	170	form approved by the department certifying that the person has completed13
171	171	not less than fifty hours,
172	172	OF WHICH NOT LESS THAN TEN HOURS MUST HAVE14
173	173	BEEN COMPLETED WHILE DRIVING AT NIGHT , of actual driving experience15
174	174	of which not less than ten hours must have been completed while driving
175	175	16
176	176	at night, which WITH A DRIVING SUPERVISOR LISTED IN SECTION 42-2-10617
177	177	(2)(b), (2)(c),
178	178	OR (2)(e). THE form is
179	179	MUST BE signed by:18
180	180	(A) The person's parent or guardian or by a ANOTHER responsible19
181	181	adult;20
182	182	(B) The instructor of a driver's DRIVER education course approved21
183	183	by the department; or22
184	184	(C) Any individual who is twenty-one years of age or older, who23
185	185	holds a valid driver's license, and who instructed the applicant if the24
186	186	applicant is a foster child.25
187	187	(III) S
188	188	UCCESSFULLY COMPLETED A THIRTY -HOUR DRIVER26
189	189	EDUCATION COURSE, WHICH MAY BE COMPLETED ONLINE , THAT IS27
190	190	SB23-011
191	191	-5- APPROVED BY THE DEPARTMENT ; AND1
192	192	(IV) R
193	193	ECEIVED A MINIMUM OF:2
194	194	(A) S
195	195	IX HOURS OF BEHIND-THE-WHEEL DRIVING TRAINING WITH A3
196	196	DRIVING INSTRUCTOR EMPLOYED BY OR ASSOCIATED WITH A DRIVER4
197	197	EDUCATION COURSE THAT IS APPROVED BY THE DEPARTMENT ; OR5
198	198	(B) T
199	199	WELVE HOURS OF BEHIND -THE-WHEEL DRIVING TRAINING6
200	200	DIRECTED BY A PARENT, A LEGAL GUARDIAN, OR AN ALTERNATE PERMIT7
201	201	SUPERVISOR APPOINTED IN ACCORDANCE WITH SECTION 42-2-106 (2)(e)(I)8
202	202	IF NO ENTITY OFFERS APPROVED BEHIND -THE-WHEEL DRIVING TRAINING9
203	203	AT LEAST TWENTY HOURS A WEEK FROM A PERMANENT LOCATION WITH AN10
204	204	ADDRESS THAT IS WITHIN THIRTY MILES OF THE PERMIT HOLDER 'S11
205	205	RESIDENCE.12
206	206	(5) The department shall not issue a driver's license to a person
207	207	13
208	208	under sixteen years and six months of age unless the person has either:14
209	209	(a) Received a minimum of twelve hours of15
210	210	driving-behind-the-wheel training directed by a parent, a legal guardian,16
211	211	or an alternate permit supervisor, which training shall be in addition to the17
212	212	driving experience required by subsection (4) of this section, if no entity18
213	213	offers approved behind-the-wheel driver training at least twenty hours a19
214	214	week from a permanent location with an address that is within thirty miles20
215	215	of the permit holder's residence; or21
216	216	(b) Received a minimum of six hours of driving-behind-the-wheel22
217	217	training with a driving instructor employed or associated with an23
218	218	approved driver education course.24
219	219	(5.5) T
220	220	HE DEPARTMENT SHALL NOT ISSUE A DRIVER 'S LICENSE,25
221	221	INCLUDING A TEMPORARY DRIVER'S LICENSE UNDER SECTION 42-2-106 (5),26
222	222	TO A PERSON WHO IS EIGHTEEN YEARS OF AGE OR OLDER AND UNDER27
223	223	SB23-011
224	224	-6- TWENTY-ONE YEARS OF AGE UNLESS THE PERSON HAS SUCCESSFULLY1
225	225	COMPLETED A FOUR -HOUR PREQUALIFICATION DRIVER AWARENESS2
226	226	PROGRAM THAT IS APPROVED BY THE DEPARTMENT OR A THIRTY -HOUR3
227	227	DRIVER EDUCATION COURSE THAT IS APPROVED BY THE DEPARTMENT .4
228	228	SECTION 3. In Colorado Revised Statutes, repeal and reenact,5
229	229	with amendments, 42-2-106 as follows:6
230	230	42-2-106. Instruction permits and temporary licenses -7
231	231	penalty. (1) (a) T
232	232	HE DEPARTMENT SHALL ISSUE AN INSTRUCTION PERMIT8
233	233	TO A MINOR WHO IS FIFTEEN YEARS OF AGE OR OLDER AND UNDER9
234	234	TWENTY-ONE YEARS OF AGE AND WHO:10
235	235	(I) H
236	236	AS SUCCESSFULLY COMPLETED A THIRTY -HOUR DRIVER11
237	237	EDUCATION COURSE THAT IS APPROVED BY THE DEPARTMENT ; AND12
238	238	(II) M
239	239	EETS THE REQUIREMENTS TO BE ISSUED AN INSTRUCTION13
240	240	PERMIT IN ACCORDANCE WITH SECTIONS 42-2-107 AND 42-2-108.14
241	241	(b) T
242	242	HE DEPARTMENT SHALL ISSUE AN INSTRUCTION PERMIT TO A15
243	243	MINOR WHO IS EIGHTEEN YEARS OF AGE OR OLDER AND WHO :16
244	244	(I) H
245	245	AS SUCCESSFULLY COMPLETED A THIRTY -HOUR DRIVER17
246	246	EDUCATION COURSE THAT IS APPROVED BY THE DEPARTMENT OR A18
247	247	FOUR-HOUR PREQUALIFICATION DRIVER AWARENESS PROGRAM THAT IS19
248	248	APPROVED BY THE DEPARTMENT ; AND20
249	249	(II) Q
250	250	UALIFIES FOR AN INSTRUCTION PERMIT IN ACCORDANCE WITH21
251	251	SECTIONS 42-2-107 AND 42-2-108.22
252	252	(c) T
253	253	HE DEPARTMENT SHALL ISSUE AN INSTRUCTION PERMIT TO A23
254	254	MINOR WHO IS QUALIFIED UNDER SUBSECTION (1)(a) OR (1)(b) OF THIS24
255	255	SECTION AND WHO HAS A DISABILITY THAT REQUIRES THE PERSON TO USE25
256	256	A SPECIAL VEHICLE OR THAT QUALIFIES THE MINOR FOR PARKING26
257	257	PRIVILEGES UNDER SECTION 42-3-204, BUT THE DEPARTMENT MAY SET27
258	258	SB23-011
259	259	-7- ADDITIONAL REASONABLE REQUIREMENTS ON THE USE OF THE1
260	260	INSTRUCTION PERMIT.2
261	261	(2) (a) A
262	262	N INSTRUCTION PERMIT ENTITLES THE HOLDER TO DRIVE3
263	263	A MOTOR VEHICLE ON A ROADWAY IF THE MINOR COMPLIES WITH4
264	264	SUBSECTION (2)(b) OF THIS SECTION.5
265	265	(b) E
266	266	XCEPT AS PROVIDED IN SUBSECTION (2)(c), (2)(d), OR (2)(e)6
267	267	OF THIS SECTION, AN INSTRUCTION PERMIT HOLDER SHALL NOT DRIVE A7
268	268	MOTOR VEHICLE ON A ROADWAY UNLESS :8
269	269	(I) T
270	270	HE PERMIT IS IN THE HOLDER'S IMMEDIATE POSSESSION; AND9
271	271	(II) O
272	272	NE OF THE FOLLOWING PERSONS WHO HOLDS A COLORADO10
273	273	DRIVER'S LICENSE IS SUPERVISING THE PERMIT HOLDER FROM THE FRONT11
274	274	PASSENGER SEAT OR, IF THE MOTOR VEHICLE IS A MOTORCYCLE, IN CLOSE12
275	275	PROXIMITY TO WHERE THE PERMIT HOLDER IS DRIVING :13
276	276	(A) T
277	277	HE MINOR'S PARENT OR STEPPARENT;14
278	278	(B) T
279	279	HE MINOR'S GRANDPARENT WITH POWER OF ATTORNEY ;15
280	280	(C) T
281	281	HE GUARDIAN WHO COSIGNED THE APPLICATION FOR THE16
282	282	MINOR'S INSTRUCTION PERMIT;17
283	283	(D) T
284	284	HE FOSTER PARENT WHO COSIGNED THE APPLICATION FOR18
285	285	THE MINOR'S INSTRUCTION PERMIT;19
286	286	(E) A
287	287	N APPROVED DRIVER EDUCATION INSTRUCTOR IF THE MOTOR20
288	288	VEHICLE COMPLIES WITH SECTION 42-2-602 AND IS MARKED TO INDICATE21
289	289	THAT IT IS USED FOR INSTRUCTION;22
290	290	(F) A
291	291	PERSON AUTHORIZED TO SUPERVISE A FOSTER CHILD IN23
292	292	SUBSECTION (2)(c) OF THIS SECTION; OR24
293	293	(G) A
294	294	N ALTERNATE PERMIT SUPERVISOR APPOINTED IN25
295	295	ACCORDANCE WITH SUBSECTION (2)(e)(I) OF THIS SECTION.26
296	296	(c) N
297	297	OTWITHSTANDING SUBSECTION (2)(d) OF THIS SECTION, A27
298	298	SB23-011
299	299	-8- FOSTER CHILD MAY DRIVE WITH AND FULFILL THE FIFTY -HOUR DRIVING1
300	300	REQUIREMENT ESTABLISHED IN SECTION 42-2-104 (4)(a)(II) WITH ANY2
301	301	PERSON WHO:3
302	302	(I) H
303	303	OLDS A VALID DRIVER'S LICENSE;4
304	304	(II) I
305	305	S TWENTY-ONE YEARS OF AGE OR OLDER; AND5
306	306	(III) O
307	307	CCUPIES THE FRONT PASSENGER SEAT, IN CLOSE PROXIMITY6
308	308	TO THE FOSTER CHILD, FOR THE PURPOSES OF INSTRUCTION.7
309	309	(d) T
310	310	HE PARENT, STEPPARENT, GRANDPARENT WITH POWER OF8
311	311	ATTORNEY, GUARDIAN WHO COSIGNED THE APPLICATION FOR THE MINOR 'S9
312	312	INSTRUCTION PERMIT, OR FOSTER PARENT WHO COSIGNED THE10
313	313	APPLICATION FOR THE MINOR'S INSTRUCTION PERMIT MAY ALLOW THE11
314	314	MINOR TO DRIVE WITH AN INDIVIDUAL WHO HOLDS A VALID DRIVER 'S12
315	315	LICENSE AND IS TWENTY-ONE YEARS OF AGE OR OLDER FOR ADDITIONAL13
316	316	DRIVING EXPERIENCE, BUT THE ADDITIONAL DRIVING EXPERIENCE DOES14
317	317	NOT COUNT TOWARD THE FIFTY -HOUR DRIVING REQUIREMENT15
318	318	ESTABLISHED IN SECTION 42-2-104 (4)(a)(II).16
319	319	(e) (I) I
320	320	F THE PARENT, STEPPARENT, GRANDPARENT WITH POWER17
321	321	OF ATTORNEY, GUARDIAN WHO COSIGNED THE APPLICATION FOR THE18
322	322	MINOR'S INSTRUCTION PERMIT, OR FOSTER PARENT WHO COSIGNED THE19
323	323	APPLICATION FOR THE MINOR'S INSTRUCTION PERMIT DOES NOT HAVE A20
324	324	C
325	325	OLORADO DRIVER'S LICENSE, THE PERSON MAY APPOINT AN ALTERNATE21
326	326	PERMIT SUPERVISOR WHO HOLDS A COLORADO DRIVER'S LICENSE.22
327	327	(II) I
328	328	F THE PARENT, STEPPARENT, GRANDPARENT WITH POWER OF23
329	329	ATTORNEY, GUARDIAN WHO COSIGNED THE APPLICATION FOR THE MINOR 'S24
330	330	INSTRUCTION PERMIT, OR FOSTER PARENT WHO COSIGNED THE25
331	331	APPLICATION FOR THE MINOR'S INSTRUCTION PERMIT IS IN THE UNITED26
332	332	S
333	333	TATES MILITARY AND DOES NOT HAVE A COLORADO DRIVER'S LICENSE,27
334	334	SB23-011
335	335	-9- THE PERSON MAY SUPERVISE THE INSTRUCTION PERMIT HOLDER IF THE1
336	336	PERSON HOLDS A VALID DRIVER 'S LICENSE FROM ANOTHER STATE , IS2
337	337	AUTHORIZED TO DRIVE A MOTOR VEHICLE OR MOTORCYCLE , AND HAS3
338	338	PROPER MILITARY IDENTIFICATION.4
339	339	(3) T
340	340	O BE AN APPROVED DRIVING INSTRUCTOR , THE INSTRUCTOR5
341	341	MUST HAVE A VALID DRIVER 'S LICENSE. TO BE AN APPROVED DRIVING6
342	342	INSTRUCTOR WHO GIVES INSTRUCTION IN MOTORCYCLES , THE INSTRUCTOR7
343	343	MUST HAVE A VALID MOTORCYCLE DRIVER 'S LICENSE OR ENDORSEMENT8
344	344	FROM COLORADO AND HAVE SUCCESSFULLY COMPLETED AN INSTRUCTION9
345	345	PROGRAM IN MOTORCYCLE SAFETY THAT IS APPROVED BY THE10
346	346	DEPARTMENT.11
347	347	(4) A
348	348	N INSTRUCTION PERMIT EXPIRES THREE YEARS AFTER THE12
349	349	DATE OF ISSUANCE; EXCEPT THAT A TEMPORARY INSTRUCTION PERMIT TO13
350	350	DRIVE A COMMERCIAL MOTOR VEHICLE , AS DEFINED IN SECTION 42-2-40214
351	351	(4),
352	352	EXPIRES ONE YEAR AFTER THE DATE OF ISSUANCE .15
353	353	(5) (a) T
354	354	HE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A16
355	355	TEMPORARY MINOR DRIVER 'S LICENSE OR TEMPORARY DRIVER'S LICENSE17
356	356	TO AN APPLICANT WHO IS NOT A FIRST-TIME APPLICANT IN COLORADO OR18
357	357	WHO IS UNDER EIGHTEEN YEARS OF AGE AND IS ACCOMPANIED BY A19
358	358	PERSON WHO SIGNS AN AFFIDAVIT OF LIABILITY IN ACCORDANCE WITH20
359	359	SECTION 42-2-108 (1) THAT WILL PERMIT THE APPLICANT TO OPERATE A21
360	360	MOTOR VEHICLE WHILE THE DEPARTMENT COMPLETES ITS VERIFICATION22
361	361	OF ALL FACTS RELATIVE TO THE APPLICANT'S RIGHT TO RECEIVE A MINOR23
362	362	DRIVER'S LICENSE OR DRIVER'S LICENSE.24
363	363	(b) T
364	364	HE DEPARTMENT SHALL ISSUE A TEMPORARY MINOR DRIVER 'S25
365	365	LICENSE OR TEMPORARY DRIVER'S LICENSE TO A FIRST-TIME APPLICANT IN26
366	366	C
367	367	OLORADO FOR A MINOR DRIVER 'S LICENSE OR DRIVER'S LICENSE THAT27
368	368	SB23-011
369	369	-10- WILL PERMIT THE APPLICANT TO OPERATE A MOTOR VEHICLE WHILE THE1
370	370	DEPARTMENT COMPLETES ITS VERIFICATION OF ALL FACTS RELATIVE TO2
371	371	THE APPLICANT'S RIGHT TO RECEIVE A MINOR DRIVER 'S LICENSE OR3
372	372	DRIVER'S LICENSE, INCLUDING THE AGE, IDENTITY, AND RESIDENCY OF THE4
373	373	APPLICANT, UNLESS THE APPLICANT IS UNDER EIGHTEEN YEARS OF AGE5
374	374	AND IS ACCOMPANIED BY A PERSON WHO SIGNS AN AFFIDAVIT OF LIABILITY6
375	375	IN ACCORDANCE WITH SECTION 42-2-108 (1). THE VERIFICATION MUST7
376	376	INCLUDE A COMPARISON OF EXISTING DRIVER 'S LICENSE AND8
377	377	IDENTIFICATION CARD IMAGES IN DEPARTMENT FILES WITH THE9
378	378	APPLICANT'S IMAGES TO ENSURE THE APPLICANT HAS ONLY ONE IDENTITY .10
379	379	(c) A
380	380	TEMPORARY DRIVER'S LICENSE OR TEMPORARY MINOR11
381	381	DRIVER'S LICENSE IS VALID FOR UP TO ONE YEAR AS DETERMINED BY THE12
382	382	DEPARTMENT, UNLESS EXTENDED BY THE DEPARTMENT , AND MUST BE IN13
383	383	THE APPLICANT'S IMMEDIATE POSSESSION WHILE OPERATING A MOTOR14
384	384	VEHICLE. A TEMPORARY DRIVER 'S LICENSE OR TEMPORARY MINOR15
385	385	DRIVER'S LICENSE IMMEDIATELY BECOMES INVALID WHEN THE PERMANENT16
386	386	DRIVER'S LICENSE HAS BEEN ISSUED OR HAS BEEN REFUSED FOR GOOD17
387	387	CAUSE.18
388	388	(6) A
389	389	PERSON WHO VIOLATES THIS SECTION COMMITS A CLASS A19
390	390	TRAFFIC INFRACTION.20
391	391	SECTION 4. In Colorado Revised Statutes, 42-2-107, amend21
392	392	(1)(a)(II) as follows:22
393	393	42-2-107. Application for license or instruction permit -23
394	394	anatomical gifts - donations to Emily Keyes - John W. Buckner organ24
395	395	and tissue donation awareness fund - legislative declaration - rules -25
396	396	annual report - repeal. (1) (a) (II) If an applicant is applying for an26
397	397	instruction permit, or
398	398	driver's LICENSE, or minor driver's license for the27
399	399	SB23-011
400	400	-11- first time in Colorado and the applicant otherwise meets the requirements1
401	401	for such license or permit, the applicant shall receive a temporary license,2
402	402	TEMPORARY MINOR DRIVER 'S LICENSE, or instruction permit pursuant to3
403	403	section 42-2-106 (2)
404	404	42-2-106 (5) until the department verifies all facts4
405	405	relative to such THE applicant's right to receive an instruction permit, or5
406	406	minor driver's
407	407	LICENSE, or driver's license, including the age, identity, and6
408	408	residency of the applicant.7
409	409	SECTION 5. In Colorado Revised Statutes, add 42-2-605 as8
410	410	follows:9
411	411	42-2-605. Criminal history of commercial driving instructors10
412	412	- rules. (1) A
413	413	COMMERCIAL DRIVING INSTRUCTOR SHALL NOT PROVIDE ,11
414	414	AND A COMMERCIAL DRIVING SCHOOL SHALL NOT EMPLOY A COMMERCIAL12
415	415	DRIVING INSTRUCTOR TO PROVIDE , BEHIND-THE-WHEEL DRIVING13
416	416	INSTRUCTION TO A MINOR IF THE COMMERCIAL DRIVING INSTRUCTOR HAS14
417	417	BEEN, WITHIN THE LAST TWENTY YEARS, CONVICTED OF OR PLEAD GUILTY15
418	418	OR NOLO CONTENDERE TO:16
419	419	(a) A
420	420	CRIMINAL VIOLATION OF ARTICLE 3; PART 4 OR 8 OF ARTICLE17
421	421	6;
422	422	ARTICLE 6.5; OR PART 4, 5, OR 8 OF ARTICLE 7 OF TITLE 18;18
423	423	(b) A
424	424	NY OTHER CRIME THAT THE DEPARTMENT DETERMINES , BY19
425	425	RULE, PLACES A MINOR AT RISK OF SEXUAL MISCONDUCT OR VIOLENCE20
426	426	WHEN DRIVING WITH THE COMMERCIAL DRIVING INSTRUCTOR ; OR21
427	427	(c) A
428	428	CRIMINAL VIOLATION OF ARTICLE 2 OF TITLE 18, THE BASIS22
429	429	OF WHICH IS AN OFFENSE LISTED IN SUBSECTION (1)(a) OR (1)(b) OF THIS23
430	430	SECTION.24
431	431	(2) (a) A
432	432	COMMERCIAL DRIVING SCHOOL SHALL NOT EMPLOY OR25
433	433	AUTHORIZE A COMMERCIAL DRIVING INSTRUCTOR TO PROVIDE26
434	434	BEHIND-THE-WHEEL DRIVING INSTRUCTION TO A MINOR UNLESS THE27
435	435	SB23-011
436	436	-12- COMMERCIAL DRIVING INSTRUCTOR HAS OBTAINED A FINGERPRINT -BASED1
437	437	CRIMINAL HISTORY RECORD CHECK IN ACCORDANCE WITH SUBSECTION2
438	438	(2)(b)
439	439	OF THIS SECTION. THE COMMERCIAL DRIVING SCHOOL SHALL SUBMIT3
440	440	TO THE DEPARTMENT THE NAME OF EACH COMMERCIAL DRIVING4
441	441	INSTRUCTOR THAT IT INTENDS TO EMPLOY OR TO AUTHORIZE TO PROVIDE5
442	442	BEHIND-THE-WHEEL DRIVING INSTRUCTION TO MINORS .6
443	443	(b) A
444	444	COMMERCIAL DRIVING SCHOOL SHALL REQUIRE EACH7
445	445	COMMERCIAL DRIVING INSTRUCTOR WHO PROVIDES BEHIND -THE-WHEEL8
446	446	DRIVING INSTRUCTION TO MINORS TO SUBMIT A COMPLETE SET OF9
447	447	FINGERPRINTS TO A LOCAL LAW ENFORCEMENT AGENCY . THE LAW10
448	448	ENFORCEMENT AGENCY SHALL SUBMIT THE FINGERPRINTS TO THE11
449	449	C
450	450	OLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING12
451	451	A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE13
452	452	C
453	453	OLORADO BUREAU OF INVESTIGATION SHALL FORWARD THE14
454	454	FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR THE15
455	455	PURPOSE OF CONDUCTING A FINGERPRINT -BASED CRIMINAL HISTORY16
456	456	RECORD CHECK. THE COLORADO BUREAU OF INVESTIGATION SHALL17
457	457	FORWARD THE RESULTS TO THE DEPARTMENT . THE DEPARTMENT MAY18
458	458	ACQUIRE A NAME-BASED JUDICIAL RECORD CHECK FOR A COMMERCIAL19
459	459	DRIVING INSTRUCTOR WHO HAS TWICE SUBMITTED TO A20
460	460	FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK AND WHOSE21
461	461	FINGERPRINTS ARE UNCLASSIFIABLE . THE DEPARTMENT SHALL NOTIFY22
462	462	EACH COMMERCIAL DRIVING SCHOOL THAT EMPLOYS THE COMMERCIAL23
463	463	DRIVING INSTRUCTOR OF ANY CRIMINAL CONVICTION OR PLEA OF GUILTY24
464	464	OR NOLO CONTENDERE THAT DISQUALIFIES THE COMMERCIAL DRIVING25
465	465	INSTRUCTOR FROM PROVIDING INSTRUCTION IN ACCORDANCE WITH26
466	466	SUBSECTION (1) OF THIS SECTION. THE COMMERCIAL DRIVING INSTRUCTOR27
467	467	SB23-011
468	468	-13- SHALL PAY THE COSTS ASSOCIATED WITH THE FINGERPRINT -BASED1
469	469	CRIMINAL HISTORY RECORD CHECK TO THE COLORADO BUREAU OF2
470	470	INVESTIGATION.3
471	471	SECTION 6. Act subject to petition - effective date -4
472	472	applicability. (1) This act takes effect at 12:01 a.m. on the day following5
473	473	the expiration of the ninety-day period after final adjournment of the6
474	474	general assembly; except that, if a referendum petition is filed pursuant7
475	475	to section 1 (3) of article V of the state constitution against this act or an8
476	476	item, section, or part of this act within such period, then the act, item,9
477	477	section, or part will not take effect unless approved by the people at the10
478	478	general election to be held in November 2024 and, in such case, will take11
479	479	effect on the date of the official declaration of the vote thereon by the12
480	480	governor.13
481	481	(2) This act applies to acts committed on or after the effective date14
482	482	of this act.15
483	483	SB23-011
484	484	-14-