Section 42-2-302 - Department may or shall issue - limitations - rules(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) 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.(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. App. 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.Amended by 2021 Ch. 460, § 15, eff. 1/1/2022.Amended by 2021 Ch. 423, § 42, eff. 7/2/2021.Amended by 2020 Ch. 280, § 3, eff. 7/13/2020.Amended by 2019 Ch. 377, § 4, eff. 1/1/2020.L. 94: Entire title amended with relocations, p. 2161, § 1, effective 1/1/1995. L. 97: (2) amended and (3) added, p. 202, § 1, effective July 1; (1) amended, p. 1001, § 3, effective August 6. L. 98: (2) and (3)(a) amended, p. 295, §§ 3, 4, effective July 1. L. 2001: (1)(a) amended and (5) and (6) added, p. 941, § 6, effective July 1; (1)(a) amended and (1)(c) added, p. 783, § 2, effective August 8; (4) added, p. 647, § 2, effective August 8. L. 2002: (2)(a) amended, p. 171, § 2, effective April 2. L. 2005: (1)(a) amended, p. 649, § 19, effective May 27. L. 2006: (1)(a) amended, p. 46, § 1, effective July 1. L. 2013: (7) added, (SB 13-251), ch. 402, p. 2352, § 3, effective August 7. L. 2014: (8) added, (SB 14-087), ch. 1298, p. 1298, § 2, effective August 6. L. 2016: (1)(a)(VI) added, (HB 16-1021), ch. 1308, p. 1308, § 3, effective June 10; (9) added, (HB 16 -1269), ch. 202, p. 202, § 1, effective August 10. L. 2019: (2.5) added, (HB 19-1039), ch. 3406, p. 3406, § 4, effective 1/1/2020. L. 2020: (2.5)(a) amended, (SB 20-166), ch. 1371, p. 1371, § 3, effective July 13. L. 2021: (2.5)(a)(II) amended, (SB 21-266), ch. 2807, p. 2807, § 42, effective July 2; IP(1)(b)(I) and (1)(b)(I)(A) amended, (HB 21-1314), ch. 3100, p. 3100, § 15, effective 1/1/2022.(1) This section is similar to former § 42-2-402 as it existed prior to 1994.
(2) Amendments to subsection (1)(a) by Senate Bill 01-142 and House Bill 01-1125 were harmonized.
(3) Subsections (5) and (6) were originally numbered as (4) and (5) in House Bill 01-1125 but have been renumbered on revision for ease of location.
(4) Subsection (9)(c) provided for the repeal of subsection (9)(c), effective July 1, 2017. (See L. 2016, p. 1308.)
(5) Section 22 of chapter 460 (HB 21-1314), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed and applications submitted on or after January 1, 2022.