Colorado Code
Part 1 - Drivers' Licenses
§ 42-2-118. Renewal of License in Person, by Mail, or Electronically - Donations to Emily Keyes - John W. Buckner Organ and Tissue Donation Awareness Fund - Rules - Report - Repeal

(1) (a) (I) [ Editor's note: This version of subsection (1)(a)(I) is effective January 1, 2022. ] Every license issued pursuant to section 42-2-114 or part 5 of this article 2 is renewable prior to its expiration, upon application in person, by mail as provided in subsection (1.3) of this section, or by electronic means as provided in subsection (1.5) of this section; payment of the required fee; passing of an eye test; and passing of such other examinations as the applicant's physical limitations or driver's record indicates to be desirable. If a person renews his or her license pursuant to this subsection (1)(a)(I) by electronic means, the person must attest under penalty of perjury that he or she has had an eye examination by an optometrist or an ophthalmologist within three years before the date of application.














(b) [ Editor's note: This version of subsection (1.3)(b) is effective January 1, 2022. ] Every applicant for renewal of a driver's license by mail shall submit payment of the required fee to the department.










(II) [ Editor's note: This version of subsection (1.5)(c)(II) is effective January 1, 2022. ] Repealed.





























(II) For the purposes of this subsection (3), "outstanding judgments or warrants" does not include any judgment or warrant reported to the department in violation of the provisions of section 42-4-110.5 (2)(c).
(b) (I) If there are no outstanding judgments or warrants entered or issued against the applicant and the applicant has not issued a check or order to the department that was returned for insufficient funds or a closed account and that remains unpaid as set forth in section 42-4-1709 (7) and if all other conditions for renewal pursuant to articles 1 to 4 of this title are met, the department shall renew the applicant's permanent driver's license.
(II) If there are no outstanding judgments or warrants entered or issued against the applicant and the defendant has not issued a check or order to the department that was returned for insufficient funds or a closed account and that remains unpaid as set forth in section 42-4-1709 (7) and if all other conditions for renewal pursuant to articles 1 to 4 of this title are met, the department may issue or renew the applicant's probationary license.
(c) If the department determines that the applicant is subject to the requirements of section 42-4-1709 (7), the permanent driver's license shall not be renewed or the probationary license may not be issued or renewed until such applicant has complied with said section. Any person who pays any outstanding judgments, who has any warrants entered, or who makes payment for a check or order to the department that had been returned for insufficient funds or a closed account pursuant to section 42-4-1709 (7) shall pay to the court or to the department a thirty-dollar administrative processing cost for each such judgment, warrant, check, or order in addition to all other penalties, costs, or forfeitures. If the court collects an administrative processing fee, the court shall remit fifty percent of the administrative processing fee to the department of revenue, and the other fifty percent of that fee is to be retained by the issuing court. If the department collects an administrative processing fee, the department shall retain the fee.
(d) Beginning January 1, 1986, the executive director shall ascertain whether the administrative fee established in paragraph (c) of this subsection (3) adequately compensates the department for administration of this subsection (3).
(e) The department of revenue shall coordinate the design and implementation of the necessary delinquency notification forms, satisfaction forms, and time requirements for utilization of such forms by the courts.
(f) There shall be a twenty-day period to appeal any penalty under this section when it can be shown by the applicant or defendant that sufficient funds were in the financial institution and the error was that of the financial institution. In this event the department shall review the documentation and, if it was the fault of the financial institution that the check or order was returned, no penalty or fee shall be imposed.
(3) [ Editor's note: This version of subsection (3) is effective January 1, 2022. ] (a) (I) Prior to the renewal of a permanent driver's license or the issuance or renewal of a probationary license, the department shall determine if the applicant has issued a check or order to the department for the payment of a penalty assessment and such check or order was returned for insufficient funds or a closed account and remains unpaid as set forth in section 42-4-1709 (7).
(II) (Deleted by amendment, L. 2021.)
(b) (I) If the applicant has not issued a check or order to the department that was returned for insufficient funds or a closed account and that remains unpaid as set forth in section 42-4-1709 (7) and if all other conditions for renewal pursuant to articles 1 to 4 of this title 42 are met, the department shall renew the applicant's permanent driver's license.
(II) If the defendant has not issued a check or order to the department that was returned for insufficient funds or a closed account and that remains unpaid as set forth in section 42-4-1709 (7) and if all other conditions for renewal pursuant to articles 1 to 4 of this title 42 are met, the department may issue or renew the applicant's probationary license.
(c) Any person who makes payment for a check or order to the department that had been returned for insufficient funds or a closed account pursuant to section 42-4-1709 (7) shall pay to the court or to the department a thirty-dollar administrative processing cost for each check or order in addition to all other penalties, costs, or forfeitures. If the court collects an administrative processing fee, the court shall remit fifty percent of the administrative processing fee to the department of revenue, and the other fifty percent of that fee is to be retained by the issuing court. If the department collects an administrative processing fee, the department shall retain the fee.
(d)
(e) (Deleted by amendment, L. 2021.)
(f) There is a twenty-day period to appeal any penalty under this section when it can be shown by the applicant or defendant that sufficient funds were in the financial institution and the error was that of the financial institution. In this event the department shall review the documentation and, if it was the fault of the financial institution that the check or order was returned, the department shall not impose a penalty or fee.







Source: L. 94: (1)(a) amended, p. 694, § 1, effective July 1; entire title amended with relocations, p. 2125, § 1, effective January 1, 1995. L. 96: (1)(a) amended, p. 1134, § 2, effective July 1; (3)(a), (3)(b), and (3)(c) amended, p. 1203, § 2, effective July 1. L. 97: (1)(a)(I) amended and (1.3) added, p. 141, § 2, effective March 28; (3)(a) amended, p. 1669, § 3, effective June 5; (3)(a) to (3)(c) amended and (3)(f) added, p. 1382, § 1, effective July 1. L. 98: (1)(a)(II) amended, p. 1174, § 10, effective June 1; (4) added, p. 1352, § 96, effective June 1. L. 2000: (1)(a)(II) amended, p. 732, § 11, effective July 1; (1.3)(b)(II)(B) added by revision, pp. 1342, 1362, §§ 4, 49. L. 2002: (3)(d) amended, p. 869, § 2, effective August 7. L. 2004: (1)(a)(I) and (1.3)(a)(II) amended and (1.5) added, p. 1268, § 1, effective May 28. L. 2005: (1.3)(a)(I) amended and (1.3)(a)(III) and (1.3)(a)(IV) added, p. 645, § 10, effective May 27. L. 2006: (1.5)(d)(I) amended, p. 1737, § 27, effective June 6. L. 2007: (1)(a)(II) amended, p. 309, § 2, effective March 30; (1.5)(d)(I) amended, p. 918, § 20, effective May 17; (1)(a)(II)(A) amended, p. 800, § 11, effective July 1. L. 2008: (1.3)(a)(I), (1.3)(a)(II), (1.3)(a)(III), and (1.5)(a) amended, p. 629, § 1, effective August 5; (1.5)(f) repealed, p. 1915, § 135, effective August 5. L. 2009: (1.5)(b) amended, (SB 09-274), ch. 210, p. 953, § 5, effective May 1. L. 2014: (1)(b)(I) and (1.5)(a)(II) amended, (SB 14-194), ch. 346, p. 1546, § 10, effective June 5. L. 2017: (1)(a)(II)(A) amended, (SB 17-223), ch. 158, p. 565, § 19, effective August 9; (1)(a)(II) amended, (HB 17-1027), ch. 329, p. 1761, § 2, effective September 15. L. 2018: (1)(a)(I), (1)(b)(I), IP(1.3)(a), (1.3)(a)(II), IP(1.5)(a), and (1.5)(a)(II) amended, (SB 18-108), ch. 260, p. 1596, § 5, effective January 1, 2019. L. 2021: (1.3)(a)(II), (1.3)(a)(III), IP(1.5)(a), (1.5)(a)(I), (1.5)(a)(II), and (1.5)(a)(III) amended and (5) added, (HB 21-1139), ch. 177, p. 966, § 1, effective May 24; (1)(a)(I), (1.3)(b), and (3) amended and (1.5)(c)(II) repealed, (HB 21-1314), ch. 460, p. 3095, § 4, effective January 1, 2022.

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