(1) As used in this section:
"Indian" means a person who is a member of a federally recognized Indian tribe.
"Reservation" means the Southern Ute Indian reservation, the exterior boundaries ofwhich were confirmed in the Act of May 21, 1984, Pub.L. 98-290, 98 Stat. 201, 202 (found at "Other Provisions" note to 25 U.S.C. sec. 668).
"Reservation driving privilege" means the driving privilege of an Indian that arisesunder and is governed by the tribal code when the Indian is operating a motor vehicle within the boundaries of the reservation.
"Tribal code" means the laws adopted by the tribe pursuant to the tribe's constitution.
"Tribe" means the Southern Ute Indian tribe.
(2) Legislative declaration. (a) The general assembly finds that:
The tribal code, including traffic provisions, governs the conduct of Indians withinthe reservation;
The tribal code grants reservation driving privileges to Indians based on possessionof a state-issued driver's license but does not authorize application of state driver's license revocation laws based on the conduct of Indians within the reservation; and
When Indians drive outside of the reservation, state and municipal traffic laws apply to their state driving privileges.
(b) In enacting this section, the general assembly intends to provide safety for all persons using the highways of the state by authorizing a process whereby the state shall revoke the Colorado driving privileges of a person after the tribe has entered a final order under the tribal code revoking the reservation driving privileges of that person, in a manner similar to how the state revokes the state driving privileges of a Colorado licensee whose driving privileges are revoked for an action occurring and adjudicated in a foreign jurisdiction.
When the tribe initially revokes the reservation driving privilege of an Indian pursuant to the tribal code pending a tribal hearing, the tribe shall take possession of the person's Colorado driver's license. The tribe is authorized to issue a temporary permit which shall provide temporary Colorado driving privileges to the person until the tribe enters a final order of revocation of the person's reservation driving privileges.
If the tribe enters a final order of revocation of the person's reservation driving privileges, the tribe shall send notice of such revocation to the department via fax, mail, or electronic means.
The state shall give full faith and credit to a tribal administrative or judicial determination related to the tribe's revocation of the reservation driving privileges of an Indian.
Upon receiving notice of revocation from the tribe pertaining to any Indian, the department shall immediately revoke the Colorado driving privileges of that person. The period of the state revocation shall run concurrently with the revocation action taken by the tribe. The state's driver record for the revoked individual shall indicate concurrent dates for the revocation period. The department shall send notice of revocation by first-class mail to the person at the address last shown on the department's records.
The department's revocation of the person's Colorado driving privileges shall be afinal agency action of the department. Any appeal of the state's final revocation action may be taken in accordance with section 42-2-135 and section 24-4-106, C.R.S. Because the state is giving full faith and credit to the tribal determination, the department's revocation action shall be affirmed if, upon review, the reviewing court determines that the tribe's revocation of tribal driving privileges met both of the following conditions:
The revocation occurred after providing the person whose driving privilege was revoked reasonable notice and an opportunity to be heard sufficient to protect due process rights; and
The tribal administrative or judicial tribunal that made the determination had jurisdiction over the parties and over the subject matter.
When a person whose license is revoked under this section has completed the termsand conditions of the tribal revocation order, the tribe shall provide the person with written notification of the completion and shall also send written notice to the department. When the department receives the tribe's written notification of the completion, the person may seek reinstatement of his or her Colorado driving privileges. The person must comply with sections 42-2-126 (4)(d), 42-2-132, and 42-7-406 to obtain a new license or otherwise restore his or her Colorado driving privileges.
The provisions of this section do not apply to the department's revocation, suspension, cancellation, or denial of a Colorado driver's license of an Indian for any driving offense that occurs while operating a motor vehicle outside the boundaries of the reservation.
This section shall automatically repeal on the occurrence of any one or more of thefollowing events:
The tribe repeals the express consent law of the tribal code;
Either the tribe or the state terminates any intergovernmental agreement between theparties pertaining to driver's license revocations of Indians; or
A repeal of this section by the general assembly acting by separate bill.
Source: L. 2001: Entire section added, p. 320, § 1, effective April 12. L. 2008: (8) amended, p. 246, § 8, effective July 1.