Senate Bill 25-008

BY SENATOR(S) Hinrichsen and Kipp, Cutter, Exum, Gonzales J., Jodeh, Michaelson Jenet, Mullica, Sullivan, Wallace, Weissman, Winter F.;

also REPRESENTATIVE(S) Froelich, Bacon, Boesenecker, Brown, Clifford, Jackson, Lindsay, McCormick, Ricks, Rutinel, Sirota, Willford, Zokaie.

Concerning adjustments to the necessary document program administered by the office of health equity in the department of public health and environment.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Legislative declaration. (1)  The general assembly finds and declares that:

(a)  The cost of identification documents can be prohibitive for some individuals, particularly individuals experiencing homelessness, individuals fleeing domestic violence, and individuals who have been displaced by a natural disaster;

(b)  Without necessary identification documents, individuals cannot access financial services, drive legally, comply with certain law enforcement requests, or access health care, housing, employment, or public services and benefits;

(c)  Since 2016, the necessary document program has provided a critical service to eligible individuals who are unable to pay for essential identification documents;

(d)  Certain demographic groups, such as residents of rural Colorado; unaccompanied youth; individuals who are lesbian, gay, bisexual, or transgender; and Black people, Indigenous people, and other people of color, have been overrepresented in their participation in the necessary document program and may face additional barriers to accessing the identification documents necessary to meet basic life needs;

(e)  Because of the program's complicated structure, geographic inconsistencies, and low level of funding, which has remained stagnant since the program's creation, the necessary document program currently falls short of meeting statewide need by as much as 90%; and

(f)  This has resulted in social service providers running out of vouchers to distribute to individuals in need, and, in some cases, the providers are covering costs out of their own pocket, which has resulted in social service providers having less money for other critical organizational functions.

(2)  Therefore, the general assembly further declares that it is necessary to adjust the necessary document program to better meet the needs of Colorado by allowing eligible individuals access to identification documents available through the program at the point of service.

SECTION 2.  In Colorado Revised Statutes, 25-4-2208, amend (2) and (3); and add (5) as follows:

25-4-2208.  Necessary document program - report - appropriation - definition. (2) (a)  The office shall administer a necessary document program The office shall make one or more grants per fiscal year to, enter into one or more vendor contracts with, or both, a nonprofit entity or collection of nonprofit entities that conduct a collaborative identification project to assist Colorado residents who are victims of domestic violence, are impacted by a natural disaster, low-income, disabled, homeless, or elderlyearn low incomes, have disabilities, are experiencing homelessness, or are elderly and who are seeking documentation of their identity, status, or citizenship by paying the fees to acquire a necessary document.

(b) (I)  On and after July 1, 2027, and to the extent that money appropriated to the office pursuant to subsection (3)(a) of this section is available, an individual specified in subsection (2)(a) of this section who needs to obtain any necessary documents may obtain the necessary documents without cost to the individual and without a physical voucher at:

(A)  Participating division of motor vehicles locations;

(B)  Participating mobile units or from authorized representatives that offer driver's licenses, identification card services, vital statistics certificates, vital statistics reports, or related documents as described in subsection (1)(c) of this section; or

(C)  Participating vital statistics offices.

(II)  An individual may self-attest to the individual's eligibility to receive assistance from the necessary document program.

(c)  Nothing in this subsection (2) changes the identity verification requirements that may be required to obtain a necessary document.

(3) (a)  The general assembly shall annually appropriate to the office up to three hundred thousand dollars from the general fund. The office shall expend the money for the purposes specified in this section. including up to fifteen thousand dollars for the office's direct and indirect costs in administering the necessary document program.

(b)  The office shall use the money appropriated pursuant to subsection (3)(a) of this section for the following:

(I)  Up to fifteen thousand dollars for the office's direct and indirect costs of administering the necessary document program;

(II)  To reimburse the department for fees for the issuance of vital statistics certificates, vital statistics reports, or related documents as described in subsections (1)(b)(III) and (1)(c) of this section; and

(III)  To reimburse the department of revenue for the issuance of driver's licenses, identification cards, or related documents as described in subsections (1)(b)(I), (1)(b)(II), and (1)(c) of this section.

(c) (I)  The department and the department of revenue shall each submit requests to the office for reimbursement based on the actual number of necessary documents issued by the department or the department of revenue and in the manner determined by the office.

(II)  The office shall provide reimbursements to the department and the department of revenue in a manner determined appropriate by the department until the money appropriated to the office pursuant to subsection (3)(a) of this section is no longer available.

(5)  In addition to the money appropriated to the office pursuant to subsection (3)(a) of this section, the office may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.

SECTION 3.  In Colorado Revised Statutes, 42-2-114.5, add (8) as follows:

42-2-114.5.  Fees for driver's licenses, identification cards, and related services - crediting to DRIVES account - fee setting procedures - rules. (8)  If there is money available from the appropriation made pursuant to section 25-4-2208 (3) or the gifts, grants, or donations accepted pursuant to section25-4-2208 (5), the department shall not charge or collect the fees established in this section from an individual who demonstrates eligibility to receive assistance under the necessary document program established in section 25-4-2208 and administered by the office of health equity in the department of public health and environment.

SECTION 4.  In Colorado Revised Statutes, 42-2-306, add (3) as follows:

42-2-306.  Fees - disposition. (3)  If there is money available from the appropriation made pursuant to section 25-4-2208 (3) or the gifts, grants, or donations accepted pursuant to section25-4-2208 (5),the department shall not charge or collect the fees established in this section from an individual who demonstrates eligibility to receive assistance under the necessary document program established in section 25-4-2208 and administered by the office of health equity in the department of public health and environment.

SECTION 5.  Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.