Colorado Department of Revenue

COLORADO DEPARTMENT OF REVENUE DIVISION OF MOTOR VEHICLES

EMERGENCY RULE CONCERNING DEFINITION OF NON-RESIDENT FOR THE PURPOSES OF DRIVER LICENSE ISSUANCE STATEMENT OF EMERGENCY JUSTIFICATION AND ADOPTION

Pursuant to the State Administrative Procedure Act, Title 24, Article 4, C.R.S., as amended,

I, Roxanne Huber, Executive Director of the Colorado Department of Revenue, am adopting this emergency rule on behalf of the Division of Motor Vehicles. I find the immediate adoption of this rule is necessary to address the impact of the definition of “resident” under § 42-1-102(81) has on the ability of temporary or seasonal workers from other states or countries to provide the temporary labor necessary to such industries as agriculture. These persons intend to work in Colorado only on a temporary or seasonal basis, and do not intend to become residents of Colorado. This rule applies only to those who have appropriate temporary or seasonal employment documents issued by the United States Citizenship and Immigration Services, and who do not have permanent resident status.

Statutory Authority: The statutory bases for this regulation are §24-4-103, § 42-2-102(1)(c), § 42-1-102(81), § 42-1- 102(62), C.R.S.

Purpose: The purpose of this rule is to include within the definition of “nonresident” under § 42-1-102(62), those persons who are working on a temporary or seasonal basis with appropriate documentation from the United States Citizenship and Immigration Services and who do not have permanent resident status. Such an individual shall not be considered to have “gainful employment” for the purposes of meeting the definition of “resident” set forth in § 42-1-102(81) and shall be considered a “nonresident” under § 42-1-102(62) and § 42-2-102(1)(c), unless such person otherwise meets the definition of “resident” by either continuously residing within the state for 90 days or more or by owning or operating a business in this state. As a “nonresident,” such an individual shall be exempt from the requirement to obtain a Colorado driver’s license under § 42-2-102(1)(c).

This emergency rule is adopted and shall be effective on this 29th day of July, 2008. ______Roxy Huber