(1) (a) (I) A
person who is a resident of Colorado may be issued an identification card by the
department, attested by the applicant and department as to true name, date of
birth, current address, and other identifying data the department may require.
(II) An application for an identification card shall contain the applicant's
fingerprint.
(III) An application for an identification card shall include the applicant's
social security number or a sworn statement made under penalty of law that the
applicant does not have a social security number.
(IV) An identification card shall not be issued until any previously issued
instruction permit or minor driver's or driver's license is surrendered or canceled.
(V) The applicant's social security number shall remain confidential and shall
not be placed on the applicant's identification card. Such confidentiality shall not
extend to the state child support enforcement agency, the department, or a court
of competent jurisdiction when requesting information in the course of activities
authorized under article 13 of title 26, C.R.S., or article 14 of title 14, C.R.S.
(VI) Every application shall include the opportunity for the applicant to self-identify his or her race or ethnicity. The race or ethnicity information that may be
identified on the application shall not be printed on the identification card but shall
be maintained in the stored information as defined by section 42-2-303 (1)(b)(II).
That information must be accessible to a law enforcement officer through magnetic
or electronic readers.
(b) (I) In addition to the requirements of subsection (1)(a) of this section, an
application for an identification card must state that:
(A) The applicant understands that, as a resident of the state of Colorado,
any motor vehicle owned by the applicant must be registered in Colorado pursuant
to the laws of the state and the applicant may be subject to criminal penalties, civil
penalties, and liability for any unpaid registration fees and specific ownership taxes
if the applicant fails to comply with such registration requirements; and
(B) The applicant agrees, within thirty days after the date the applicant
became a resident, to register in Colorado any vehicle owned by the applicant.
(II) The applicant shall verify the statements required by this paragraph (b)
by the applicant's signature on the application.
(c) A sworn statement that is made under penalty of perjury shall be
sufficient evidence of the applicant's social security number required by this
subsection (1) and shall authorize the department to issue an identification card to
the applicant. Nothing in this paragraph (c) shall be construed to prevent the
department from canceling, denying, recalling, or updating an identification card if
the department learns that the applicant has provided a false social security
number.
(2) (a) The department shall issue an identification card only upon the
furnishing of a birth certificate or other documentary evidence of identity that the
department may require. An applicant who submits a birth certificate or other
documentary evidence issued by an entity other than a state or the United States
shall also submit such proof as the department may require that the applicant is
lawfully present in the United States. An applicant who submits as proof of identity
a driver's license or identification card issued by a state that issues drivers' licenses
or identification cards to persons who are not lawfully present in the United States
shall also submit such proof as the department may require that the applicant is
lawfully present in the United States. The department may assess a fee under
section 42-2-306 (1)(b) if the department is required to undertake additional efforts
to verify the identity of the applicant.
(b) The department may not issue an identification card to any person who is
not lawfully present in the United States.
(c) The department may not issue an identification card to any person who is
not a resident of the state of Colorado. The department shall issue an identification
card only upon the furnishing of such evidence of residency that the department
may require.
(2.5) (a) The department shall issue a new identification card to a person who
has a gender different from the sex denoted on that person's identification card
when the department receives a new birth certificate issued pursuant to section 25-2-113.8 or when the department receives:
(I) A statement, in a form or format designated by the department, from the
person, or from the person's parent if the person is a minor, or from the person's
guardian or legal representative, signed under penalty of law, confirming the sex
designation on the person's identification card does not align with the person's
gender identity; and
(II) If the person is a minor under the age of eighteen, a statement, in a form
or format designated by the department, signed under penalty of law, from a
professional medical or mental health-care provider licensed in good standing in
Colorado or with an equivalent license in good standing from another jurisdiction,
stating that the sex designation on the identification card does not align with the
minor's gender identity. This subsection (2.5)(a)(II) does not require a minor to
undergo any specific surgery, treatment, clinical care, or behavioral health care.
(b) [ Editor's note: This version of subsection (2.5)(b) is effective until
October 1, 2026. ] The department may only amend a sex designation for an
individual's identification card one time upon the individual's request. Any further
requests from the individual for additional sex designation changes require the
submission of a court order indicating that the sex designation change is required.
(b) [ Editor's note: This version of subsection (2.5)(b) is effective October 1,
2026. ] The department may only amend a sex designation for an individual's
identification card three times upon the individual's request. Any further requests
from the individual for additional sex designation changes require the submission of
a court order indicating that the sex designation change is required.
(3) (a) The department has the authority to cancel, deny, or deny the
reissuance of the identification card of a person upon determining that the person
is not entitled to issuance of the identification card for the following reasons:
(I) Failure to give the required or correct information in an application or
commission of any fraud in making such application;
(II) Permission of an unlawful or fraudulent use or conviction of misuse of an
identification card;
(III) The person is not lawfully present in the United States; or
(IV) The person is not a resident of the state of Colorado.
(b) If the department cancels, denies, or denies the reissuance of the
identification card of a person, such person may request a hearing pursuant to
section 24-4-105, C.R.S.
(4) (a) Any male United States citizen or immigrant who applies for an
identification card or a renewal or duplicate of any such card and who is at least
eighteen years of age but less than twenty-six years of age shall be registered in
compliance with the requirements of section 3 of the Military Selective Service
Act, 50 U.S.C. sec. 453, as amended.
(b) The department shall forward in an electronic format the necessary
personal information of the applicants identified in paragraph (a) of this subsection
(4) to the selective service system. The applicant's submission of an application
shall serve as an indication that the applicant either has already registered with the
selective service system or that he is authorizing the department to forward to the
selective service system the necessary information for such registration. The
department shall notify the applicant that his submission of an application
constitutes consent to registration with the selective service system, if so required
by federal law.
(5) The department shall not issue an identification card to a first time
applicant in Colorado until the department completes its verification of all facts
relative to such applicant's right to receive an identification card including the
residency, identity, age, and current licensing status of the applicant. Such
verification shall utilize appropriate and accurate technology and techniques. Such
verification shall include a comparison of existing driver's license and identification
card images in department files with the applicant's images to ensure such
applicant has only one identity.
(6) The department shall not issue an identification card to a person who
holds a valid minor driver's or driver's license.
(7) The department shall not issue an identification card to an individual
whose authorization to be present in the United States is temporary unless the
individual applies under and complies with part 5 of this article.
(8) The department shall promulgate rules establishing procedures for
resolving minor spelling inconsistencies and accepting alternative documents to
birth certificates to establish lawful presence.
(9) (a) In accordance with rules promulgated by the department and upon the
applicant's submission, either electronically or by mail, of an application and
payment of the required fee, the department may issue an identification card to the
holder of a driver's license issued under section 42-2-114 or renewed under 42-2-118 if the applicant holds a valid license or if no more than one year has passed
since the expiration of the applicant's driver's license.
(b) Once the department issues an identification card under this subsection
(9), the department shall cancel any valid driver's license held by the applicant.
(c) Repealed.