Colorado Code
Part 3 - Identification Cards
§ 42-2-303. Contents of Identification Card - Disability Identifier Symbol - Rules - Definition

(b) (I) [ Editor's note: This version of subsection (1)(b)(I) is effective July 1, 2022. ] 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:

(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 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.

Source: L. 94: (1) amended, p. 1453, § 2, effective May 25; entire title amended with relocations, p. 2161, § 1, effective January 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. 322, p. 1498, § 2, effective July 1. L. 2013: (4)(b) repealed, (HB 13-1011), ch. 90, p. 291, § 2, effective August 7; (5) added, (HB 13-1119), ch. 177, p. 653, § 2, effective August 7. L. 2016: (1)(b)(I) amended, (HB 16-1021), ch. 322, p. 1308, § 4, effective June 10. L. 2021: (4)(a) amended, (HB 21-1231), ch. 206, p. 1080, § 14, effective May 28; (1)(b)(I) amended and (6) added, (HB 21-1014), ch. 406, p. 2696, § 3, effective July 1, 2022.

Cross references: For the legislative declaration in SB 21-1014, see section 1 of chapter 406, Session Laws of Colorado 2021.