DEFINITION OF NON-RESIDENT 
FOR THE PURPOSES OF DRIVER’S LICENSE ISSUANCE

1. 	Statement of Basis and Purpose: The statutory bases for this rule are §§ 42-1-204, 42-2-102(1)(c), 42-1-102(62),  and 42-1-102(81), CRS. The purpose of this rule is to include in the definition of “non-resident” 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, who do not have permanent resident status, and therefore shall not be considered to have “gainful employment” for the purposes of establishing residency. These non-residents shall be exempt from the requirement to obtain a Colorado driver’s license under § 42-2-102(1)(c), and shall not be considered to have “gainful employment” unless he or she 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.

2.	For the purposes of establishing residency, as defined in Section 42-1-102(81), a person who is employed in this state by means of a document that authorizes only temporary or seasonal employment issued by the United States Citizenship and Immigration Services and who otherwise does not have permanent resident status shall not be considered to have obtained “gainful employment” in this state, and, therefore, shall not be a “resident” of this state, unless he or she 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.  Such a person shall be considered a “nonresident” and may operate a vehicle in this state in accordance with 42-2-102(1)(c).