2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › DRIVERS LICENSES (§§ 42-2-101 — 42-2-604) › Article 2 - DRIVERS' LICENSES (§§ 42-2-101 — 42-2-604) › Part 3 - IDENTIFICATION CARDS (§§ 42-2-301 — 42-2-313) › Section 42-2-303 - Contents of identification card - disability identifier symbol - rules - definition

(1)
(a)
The identification card shall be the same size as a driver's license issued pursuant to parts 1 and 2 of this article. The card shall adequately describe the registrant, bear the registrant's picture, and bear the following: "State of Colorado", "Identification Card No. ....", and "This is not a driver's license." Each identification card issued to an individual under this section shall show a photograph of the registrant's full face.
(b)
(I)
If the department issues an identification card that contains stored information, the department shall include in the stored information only the information that is specifically referenced in subsection (1)(a) of this section, that appears in printed form on the face of the card issued by the department to the registrant, or that is any race or ethnicity information identified on an application under section
42-2-302 (1)(a)(VI)
; except that the department shall not include in the stored information:
(A)
The registrant's social security number; or
(B)
The fact that the registrant has requested that a disability identifier symbol be placed on the registrant's identification card in accordance with subsection (6) of this section.
(II)
As used in this paragraph (b), "stored information" includes information that is stored on the identification card by means of magnetic or electronic encoding, or by any other technology designed to store retrievable information.
(2)
Repealed.
(3)
An identification card shall contain one or more security features that are not visible and are capable of authenticating such card and any information contained therein.
(4)
(a)
At the applicant's voluntary request, the department shall issue an identification card bearing an identifier of a branch of the United States armed forces, such as "Marine Corps", "Navy", "Army", "Air Force", "Space Force", or "Coast Guard", if the applicant possesses a currently valid military identification document, a DD214 form issued by the United States government, or any other document accepted by the department that demonstrates that the applicant is an active member or a veteran of the branch of service that the applicant has requested be placed on the identification card. The applicant shall not be required to provide documentation that the applicant is an active member or a veteran of a branch of the United States armed forces to renew or be reissued an identification card bearing an identifier issued pursuant to this subsection (4). The department shall not place more than one branch of the United States armed forces identifier on an applicant's identification card.
(b) and (c)
Repealed.
(5)
(a)
Upon the applicant presenting a DD214 form issued by the United States government or any other document accepted by the department that demonstrates that the applicant is a veteran of the United States armed forces, the department shall print the word "Veteran" on the identification card.
(b)
The holder of an identification card bearing the word "Veteran" need not present documentation that the holder is a veteran of the United States armed forces to renew or reissue the identification card.
(c)
The department shall not issue an identification card bearing the word "Veteran" if the applicant's documentation shows that the applicant received a dishonorable discharge.
(6)
(a)
(I)
At an applicant's request, and upon completion of the application pursuant to subsection (6)(a)(II)(A) of this section, the department shall issue to the applicant an identification card bearing a disability identifier symbol if the applicant has a disability as defined in the federal "Americans with Disabilities Act of 1990",
42 U.S.C. sec. 12101
et seq., and the disability interferes with the person's ability to effectively communicate with a peace officer.
(II)
(A)
The department shall promulgate a rule creating an application and renewal form that is signed by a professional, under penalty of perjury, to affirm that an applicant meets the eligibility requirements for a disability identifier symbol and setting out the penalties for authorizing a disability identifier symbol before verifying that the person has a disability that interferes with the person's ability to effectively communicate with a peace officer.
(B)
As used in this subsection (6)(a)(II), "professional" means a physician licensed to practice medicine under article
240
of title
12
or practicing medicine under section
12-240-107 (3)(i)
, a physician assistant licensed under section
12-240-113
, a mental health professional licensed or certified under article
245
of title
12
, an advanced practice registered nurse registered under section
12-255-111
, a person with a master's degree in rehabilitation counseling, or a physician, physician assistant, mental health professional, or advanced practice registered nurse authorized to practice professionally by another state that shares a common border with Colorado.
(b)
The disability identifier symbol placed on an identification card in accordance with this subsection (6) must be discreet and must represent all types of disabilities, including cognitive disabilities, neurological diversities, mental health disorders, sensory needs, chronic illness, chronic pain, and physical disabilities. The department shall develop the symbol by rule.
(c)
The department shall not charge a fee for placing a disability identifier symbol on an identification card.
(d)
The department shall notify peace officers in Colorado about the voluntary disability identifier symbol created in this subsection (6), noting that the symbol is not the exclusive or only determination of disability, and directing peace officers to relevant P.O.S.T. curriculum resources, including training in recognizing persons with disabilities, appropriate interactions with persons with disabilities, resources available to persons with disabilities and to those interacting with persons with disabilities, and the requirements of the federal "Americans with Disabilities Act of 1990",
42 U.S.C. sec. 12101
et seq., as amended.
(e)
A person may choose to no longer have the disability identifier symbol on the person's identification card. The department shall issue a person a new identification card without a disability identifier symbol at the request of the person. The department shall not charge a fee for the issuance of a new identification card without the disability identifier symbol. The department shall not retain any information regarding a person's disability when the person chooses to remove the disability identifier symbol from the person's identification card.
(f)
By January 15, 2023, and each year thereafter, the department shall report to the house of representatives health and insurance committee and transportation and local government committee and the senate health and human services committee and transportation and energy committee, or their successor committees, on the percentage of persons issued an identification card who have requested a disability identifier symbol issued in accordance with this subsection (6) in the previous calendar year.
Amended by 2021 Ch. 406, § 3, eff. 7/1/2022.
Amended by 2021 Ch. 206, § 14, eff. 5/28/2021.
L. 94: (1) amended, p. 1453, § 2, effective May 25; entire title amended with relocations, p. 2161, § 1, effective 1/1/1995. L. 2001: (3) added, p. 941, § 7, effective July 1. L. 2005: (2) repealed, p. 650, § 20, effective May 27. L. 2010: (4) added, (HB 10-1209), ch. 1498, p. 1498, § 2, effective July 1. L. 2013: (4)(b) repealed, (HB 13 -1011), ch. 291, p. 291, § 2, effective August 7; (5) added, (HB 13-1119), ch. 653, p. 653, § 2, effective August 7. L. 2016: (1)(b)(I) amended, (HB 16-1021), ch. 1308, p. 1308, § 4, effective June 10. L. 2021: (4)(a) amended, (HB 21-1231), ch. 1080, p. 1080, § 14, effective May 28; (1)(b)(I) amended and (6) added, (HB 21-1014), ch. 2696, p. 2696, § 3, effective 7/1/2022.
(1) This section is similar to former § 42-2-403 as it existed prior to 1994.
(2) Amendments to subsection (1) by House Bill 94-1346 were harmonized with Senate Bill 94-001.
(3) Subsection (4)(c)(II) provided for the repeal of subsection (4)(c), effective July 1, 2011. (See L. 2010, p. 1498.)
2021 Ch. 406, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in SB 21-1014, see section 1 of chapter 406, Session Laws of Colorado 2021.