HB 21-1314

Abstract

The act repeals the department of revenue's (department) discretionary authority to take administrative action to:Cancel, deny, or deny renewal of a person's driver's license: For unlawful or fraudulent use or conviction of misuse of license, titles, permits, or license plates; Because the person failed to pay a monetary judgment or has an outstanding warrant relating to a traffic violation or a municipal violation committed when the person was under 18 years of age; or Because the person failed to pay a judgment for using public transportation without paying the fare; and Cancel, deny, or deny renewal of a person's driver's license or identification card because the person failed to register all vehicles owned by the person. The act repeals mandatory administrative actions by the department to revoke a person's driver's license or instruction permit following a first conviction for illegal underage possession or consumption of alcohol or marijuana or attempting to obtain alcohol when underage, and only permits revocation upon a second or subsequent conviction when a person has failed to complete an alcohol evaluation or assessment, education program, or treatment program ordered by the court in connection with the conviction. The revocation can run concurrently with another suspension, revocation, cancellation, or denial.The act repeals mandatory administrative actions by the department to:Revoke a person's driver's license or instruction permit because the person was convicted of, or has received a deferred judgment for, aggravated motor vehicle theft or second degree criminal trespass; Deny issuance or renewal of a person's driver's license because the person failed to pay a monetary judgment or has an outstanding warrant relating to a traffic violation or a municipal violation committed when the person was under 18 years of age or the person failed to pay a monetary judgment for using public transportation without paying the fare; or Suspend the driver's license of certain persons following conviction for selling, serving, or otherwise providing alcohol to or for an underage person or permitting or failing to prevent an underage person from using the person's identification to unlawfully purchase alcohol. The act prohibits the department from denying to issue, renew, or reinstate a person's driver's license because the person failed to pay a monetary judgment or has an outstanding warrant relating to a traffic violation or a municipal violation. The person must pay the required fees for issuance or reinstatement of the license.The act imposes a $25 fee to issue or restore a person's license if the person's license was revoked because of a DUI, DUI per se, DWAI, or UDD conviction.The act establishes a study group to examine methods to encourage people who have received a traffic citation and fail to appear in court to contest the citation or to pay any default judgment associated with the citation. The study group must report its findings and recommendations by December 31, 2021.The act makes transfers from the marijuana tax cash fund (cash fund), adds an allowable appropriation from the cash fund, and makes appropriations.(Note: This summary applies to this bill as enacted.)