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 5 - COLORADO ROAD AND COMMUNITY SAFETY ACT (§§ 42-2-501 — 42-2-511) › Section 42-2-505 - [Effective Until 3/31/2025] Identification documents - individuals not lawfully present - rules

(1)
Documents issued.
An individual who is not lawfully present in the United States may apply for an identification document in accordance with this part 5. The department shall issue an identification document to an applicant who:
(a)
Qualifies for the document applied for except for qualifications that conflict with this section; and
(b)
(I)
Signs an affidavit that the applicant is currently a resident and presents proof of return filing for the immediately preceding year and evidence of residence in Colorado that conforms to the standards of Pub.L. 109-13, Division B, Title II, sec. 201 et seq., or any rules promulgated under Pub.L. 109-13, Division B, Title II, sec. 201 et seq.; or
(II)
Signs an affidavit that the applicant has continuously been a resident in Colorado for the immediately preceding twenty-four months and presents evidence of residence in Colorado for the immediately preceding twenty-four months that conforms to the standards of Pub.L. 109-13, Division B, Title II, sec. 201 et seq., or any rules promulgated under Pub.L. 109-13, Division B, Title II, sec. 201 et seq.; and
(c)
(I)
Documents an individual taxpayer identification number issued by the United States internal revenue service; or
(II)
Documents a social security number issued by the United States social security administration, which documentation may include a social security card or any other documentation acceptable to the department as provided by rule if the federal government confirms the individual's social security number. This confirmation must include electronic confirmation through the social security online verification system commonly known as SSOLV.
(d)
Affirms in an affidavit signed by the applicant that the applicant has applied to be lawfully present within the United States or will apply to be lawfully present as soon as the applicant is eligible; and
(e)
Presents one of the following from the applicant's country of origin:
(I)
A passport;
(II)
A consular identification card; or
(III)
A military identification document.
(1.5)
(a)
The department shall issue a new identification document to a person who has a gender different from the sex denoted on that person's identification document 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 document 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 document does not align with the minor's gender identity. This subsection (1.5)(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 document 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.
(2)
Document contents.
(a)
On an identification document issued pursuant to this section, the department shall place the phrase "Not valid for federal identification, voting, or federal public benefit purposes" clearly displayed on the face and incorporated into the machine readable zone. The department may use a substantially similar phrase if required by federal law.
(b)
The department shall design the identification document issued under this section to be distinguishable from another identification document issued under this article in compliance with federal law.
(3)
Graduated driver's license requirements.
To be issued a minor driver's license under this section, an applicant who is under eighteen years of age must comply with section
42-2-104 (4)
.
Amended by 2021 Ch. 351, § 7, eff. 7/1/2022.
Amended by 2021 Ch. 423, § 43, eff. 7/2/2021.
Amended by 2020 Ch. 280, § 4, eff. 7/13/2020.
Amended by 2019 Ch. 377, § 5, eff. 1/1/2020.
Amended by 2018 Ch. 260, § 2, eff. 1/1/2019.
L. 2013: Entire part added, (SB 13-251), ch. 2353, p. 2353, § 4, effective August 7. L. 2018: IP(1) and (1)(c) amended, (SB 18-108), ch. 1595, p. 1595, § 2, effective 1/1/2019. L. 2019: (1.5) added, (HB 19-1039), ch. 3407, p. 3407, § 5, effective 1/1/2020. L. 2020: (1.5)(a) amended, (SB 20-166), ch. 1372, p. 1372, § 4, effective July 13. L. 2021: (1.5)(a)(II) amended, (SB 21-266), ch. 2808, p. 2808, § 43, effective July 2; (2)(a) amended, (SB 21-199), ch. 2283, p. 2283, § 7, effective 7/1/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.