House Bill 25-1076

BY REPRESENTATIVE(S) Boesenecker and Lindsay, Froelich, Mauro, Bacon, Carter, Velasco, McCluskie, Duran;

also SENATOR(S) Cutter and Simpson, Winter F., Hinrichsen, Marchman, Michaelson Jenet.

Concerning documents related to the division of motor vehicles.

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

SECTION 1. In Colorado Revised Statutes, add 18-5-121 as follows:

18-5-121.  Division of motor vehicles official product protection - vehicular document piracy - applicability - penalty - definitions. (1)  As used in this section, unless the context otherwise requires:

(a)  "Document" means a thing that uses writing to serve as evidence or proof.

(b) (I)  "Official document" means a document created for the purposes of administering article 1, 2, 3, 4, 6, or 12 of title 42 by the department of revenue or the department's agents.

(II)  "Official document" includes the following documents concerning an individual's identification, a motor vehicle, or an off-highway vehicle:

(A)  A license plate;

(B)  A temporary license plate;

(C)  A driver's license;

(D)  An identification card;

(E)  An identifying placard;

(F)  A certificate of title;

(G)  Evidence of an emissions test; or

(H)  A registration.

(2)  A person commits vehicular document piracy if the person makes, distributes, advertises, sells, promotes, completes, alters, or produces or causes to be made, distributed, advertised, sold, promoted, completed, altered, or produced a document that:

(a)  Simulates an official document; or

(b)  Closely resembles an official document.

(3)  A person does not commit vehicular document piracy if the person received the express written permission of the department of revenue to make, distribute, advertise, sell, promote, complete, alter, or produce the official document.

(4)  A violation of this section may be charged in addition to any other violation committed by the person in the course of violating this section.

(5)  This section does not apply to agents of the department of revenue that are engaging in business on behalf of the department as part of the person's official responsibilities as an agent.

(6)  Vehicular document piracy is a civil infraction and is punishable by a fine of not more than one thousand dollars.

SECTION 2.  In Colorado Revised Statutes, 42-2-136, add (6)(c) as follows:

42-2-136.  Unlawful possession or use of license. (6) (c)  A person that violates this section violates section 18-5-121 and, in addition to any other penalty, is subject to the penalties of section 18-5-121 (6).

SECTION 3.  In Colorado Revised Statutes, 42-4-313, add (5) as follows:

42-4-313.  Penalties. (5)  A person that violates this section violates section 18-5-121 and, in addition to any other penalty, is subject to the penalties of section 18-5-121 (6).

SECTION 4.  In Colorado Revised Statutes, 42-4-1208, amend (5) introductory portion as follows:

42-4-1208.  Reserved parking for persons with disabilities - applicability - rules. (5)  Fraud and trafficking. A person is subject to the penalties in sectionsections 18-5-121 (6) and 42-4-1701 (4)(a)(X) if the person:

SECTION 5.  In Colorado Revised Statutes, 15-14-703, add (2) as follows:

15-14-703.  Applicability. (2)  Notwithstanding subsection (1)(d) of this section, this part 7 applies to power of attorney forms created by the department of revenue under article 1, 3, 6, or 12 of title 42.

SECTION 6.  In Colorado Revised Statutes, add 42-1-237 as follows:

42-1-237.  "Uniform Power of Attorney Act" applies to motor vehicle documents.The "Uniform Power of Attorney Act", part 7 of article 14 of title 15, applies to power of attorney forms created by the department under article 1, 3, 6, or 12 of this title 42.

SECTION 7.  In Colorado Revised Statutes, 42-3-304, amend (3) introductory portion and (3)(a); and repeal (3)(b) as follows:

42-3-304.  Registration fees - passenger-mile taxes - clean screen fund - pilot program - report - rules - definitions. (3)  No fee shall beis payable for the annual registration of a vehicle when:

(a)  The owner of suchthe vehicle is a veteran who in an application for registration shows that the owner has established such owner's rights to benefits under the provisions of Public Law 663, 79th CongressPub.L. 79-663, as amended, and Public Law 187, 82nd CongressPub.L. 82-187, as amended, or is a veteran of the armed forces of the United States who incurred a disability and who is, at the date of such application, receiving compensation from the veterans administration or any branch of the armed forces of the United States for a fifty percent or more, service-connected permanent disability, or for loss of use of one or both feet or one or both hands, or for permanent impairment or loss of vision in both eyes that constitutes virtual or actual blindness. The exemption provided in this paragraph (a) shall applysubsection (3)(a) applies to the original qualifying vehicle and to any vehicle subsequently purchased and owned by the same veteran but shalldoes not apply to more than one vehicle at a time.

(b)  The application for registration shows that the owner of such vehicle is a foreign government or a consul or other official representative of a foreign government duly recognized by the department of state of the United States government. License plates for the vehicles qualifying for the exemption granted in this paragraph (b) shall be issued only by the department and shall bear such inscription as may be required to indicate their status.

SECTION 8.  In Colorado Revised Statutes, 42-3-213, repeal (1)(a)(XVIII), (1)(a)(XXV), (19), and (26) as follows:

42-3-213.  License plates - military veterans - rules - retirement. (1) (a)  The department shall issue one or more sets of license plates to the following persons who own a truck that does not exceed sixteen thousand pounds empty weight, a passenger car, a motorcycle, or a noncommercial or recreational vehicle:

(XVIII)  A person who supports the North American aerospace defense command;

(XXV)  An honorably discharged or discharged LGBT veteran or a retired, reserve, or active member of the Navy SEALs;

(19)  North American aerospace defense command commemorative special license plate.(a)  The North American aerospace defense command commemorative special license plate shall be designed to indicate that the owner of the motor vehicle to which the license plate is attached wishes to commemorate the North American aerospace defense command's fiftieth anniversary.

(b)  The department shall issue North American aerospace defense command commemorative special license plates until January 1, 2010, or when the available inventory is depleted, whichever is later. This paragraph (b) shall not be deemed to prohibit the use of the plate after January 1, 2010, nor to require the plate to be recalled by the department.

(26)  Honorably discharged or discharged LGBT veteran or retired, active, or reserve member of the Navy SEALs.(a)  The department shall design the Navy SEAL license plate to indicate that an owner of a motor vehicle to which the plate is attached is a veteran, a reserve member, or an active member of the United States Navy SEALs.

(b)  A natural person who has received an honorable discharge, is a discharged LGBT veteran, is retired, or is an active or reserve member of the United States Navy SEALs may use a United States Navy SEALs license plate. To qualify for the license plate, an applicant must submit a DD214 form issued by the United States government and a certification from the UDT/SEAL association, inc., the Rocky Mountain chapter of the UDT/SEAL association, inc., or a successor organization that the applicant has an honorable discharge from, is retired from, or is currently an active or reserve member of the Navy SEALs.

SECTION 9.  In Colorado Revised Statutes, repeal 42-3-230.

SECTION 10.  In Colorado Revised Statutes, 42-2-104, amend as it will become effective April 1, 2026, (4)(a)(II)(A) as follows:

42-2-104.  Licenses issued - denied. (4) (a)  The department shall not issue a driver's license, including a temporary driver's license under section 42-2-106 (5), to an individual under eighteen years of age unless the individual has:

(II)  Submitted a log or other written evidence on a standardized form approved by the department certifying that the individual has completed not less than fifty hours of actual driving experience with a driving supervisor listed in section 42-2-106 (2)(b)(II) of which not less than ten hours must have been completed while driving at night, which form must be signed by:

(A)  The individual who signed the affidavit of liability for the individual to obtain an instruction permitThe individual's parent or guardian or a responsible adult;

SECTION 11.  In Colorado Revised Statutes, 42-2-106, amend as they will become effective April 1, 2026, (1)(a)(I), (1)(b)(I), and (1)(d) as follows:

42-2-106.  Instruction permits and temporary licenses - penalty. (1) (a)  The department shall issue an instruction permit to a minor who is fifteen years of age or older and under eighteen years of age and who:

(I)  Has successfully completed within the last six months a thirty-hour driver education course that is approved by the department, which course may be completed online; and

(b)  The department shall issue an instruction permit to a minor who is eighteen years of age or older and who:

(I)  Has successfully completed within the last six months a thirty-hour driver education course that is approved by the department, which course may be online, or a four-hour prequalification driver awareness program that is approved by the department; and

(d)  The department shall issue an instruction permit to a minoran individual who is twenty-one years of age or older and who meets the requirements to be issued an instruction permit in accordance with sections 42-2-107 and 42-2-108.

SECTION 12.  In Colorado Revised Statutes, 42-2-107, repeal (2)(b)(I)(B) as follows:

42-2-107.  Application for license or instruction permit - anatomical gifts - donations to Emily Keyes - John W. Buckner organ and tissue donation awareness fund - legislative declaration - rules - annual report - repeal. (2) (b) (I)  In addition to the requirements of subsection (2)(a) of this section, an application must state that:

(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.

SECTION 13.  In Colorado Revised Statutes, 42-2-112, amend (1), (2), and (3) as follows:

42-2-112.  Medical advice - use by department - provider immunity - rules. (1)  In order to determine whether anya licensed driver or anyan applicant for a driver's license is physically or mentally able to operate a motor vehicle safely upon the highways of this state, the department is authorized, pursuant to this section and upon the adoption of rules concerning medical criteria for driver licensing, to seek and receive a written medical opinion from any physician, physician assistant, advanced practice registered nurse, or optometrist licensed in this state. Such written medical opinion may also be used by The department may use the written medical opinion in regard to the renewal, suspension, revocation, or cancellation of drivers'driver's licenses pursuant to this article. Noarticle 2. The department shall not require a person to obtain a written medical opinion shall be sought pursuant to this section unless the department has reason to believe that the driver or applicant is physically or mentally unable to operate a motor vehicle safely upon the highways of this state.

(2)  In addition to the written medical opinion sought and received pursuant to subsection (1) of this section, the department may consider a written medical opinion received from the personal physician, physician assistant, advanced practice registered nurse, or optometrist of an individual driver or applicant. AnyA written medical opinion requested by the applicant or driver from a personal physician, physician assistant, advanced practice registered nurse, or optometrist shallmust be provided to the department at the expense of the applicant or driver. AnyA written medical opinion required by the department shallmust also be at the expense of the applicant or driver.

(3)  NoA person shall not bring a civil or criminal action shall be brought against anya physician, physician assistant, advanced practice registered nurse, or optometrist licensed to practice in this state for providing a written medical or optometric opinion pursuant to subsection (1) or (2) of this section if the physician, physician assistant, advanced practice registered nurse, or optometrist acts in good faith and without malice.

SECTION 14.  In Colorado Revised Statutes, 42-2-114.5, amend (3) as follows:

42-2-114.5.  Fees for driver's licenses, identification cards, and related services - crediting to DRIVES account - fee setting procedures - rules. (3)  The department may raise or lower the fees listed in subsection (2) of this section, but the department shall not increase the fee by more than five percent per year. The department may round a fee increase to the nearest dollar.

SECTION 15.  In Colorado Revised Statutes, 42-2-505, amend as it will become effective March 31, 2025, (1)(e)(II) as follows:

42-2-505.  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:

(e)  Presents one of the following documents that is unexpired or has expired less than ten years before the date of the individual's application for an identification document:

(II)  On and after the earlier of January 1, 2027, or when the department is able to implement this subsection (1)(e)(II), an identifying document or a combination of identifying documents issued by an agency of the United States government or its contractors or subcontractors in accordance with rules promulgated by the department in accordance with subsection (4) of this section.

SECTION 16.  In Colorado Revised Statutes, add 42-2-145 as follows:

42-2-145.  Electronic identification documents - rules - applicability - definitions. (1)  As used in this section, unless the context otherwise requires:

(a)  "Mobile identification document" means a verifiable electronic extension of a department-issued physical identification document issued under this article 2 that resides in a native mobile device wallet.

(b)  "Physical identification document" means a physical driver's license or instruction permit or a physical identification card issued under this title 42.

(2)  The provider of a mobile identification document must comply with the standards adopted by the department by rule, which may include the standards adopted by the American Association of Motor Vehicle Administrators or the standards adopted by the International Organization for Standardization and the International Electrotechnical Commission.

(3)  The department shall promulgate rules setting criteria for the approval and implementation of mobile identification documents.

(4)  Mobile identification documents may be accepted to verify an individual's age or identity in Colorado, but a person may require a physical identification document to verify the individual's age or identity.

(5)  This section takes effect January 1, 2026.

SECTION 17.  In Colorado Revised Statutes, amend 42-1-222 as follows:

42-1-222.  Motor vehicle investigations unit. (1)  The department shall establish a motor vehicle investigations unit to investigate and prevent fraud concerning the use of driver's licenses, identification cards, motor vehicle titles and registrations, and other motor vehicleofficial documents, as defined in section 18-5-121 (1)(b), issued by the department Suchor the department's agents. The unit shall also assist victims of identity theft by means of such documents.

(2)  The motor vehicle investigations unit may cancel, deny, or deny the issuance or reissuance of an official document, as defined in section 18-5-121 (1)(b), upon determining that the person was not entitled to the issuance of the official document for:

(a)  Failure to give the required or correct information in an application for the official document or for committing fraud in making the application or in submitting any proof for the application; or

(b)  Permitting an unlawful or fraudulent use of the official document or for being convicted of an offense involving misuse of the official document.

(3)  If the motor vehicle investigations unit cancels, denies, or denies the issuance or reissuance of an official document, as defined in section 18-5-121 (1)(b), the affected person may request a hearing pursuant to section 24-4-105.

SECTION 18.  Act subject to petition - effective date - applicability. (1)  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.

(2)  This act applies to offenses committed or to the issuance, acceptance, or use of identification documents on or after the applicable effective date of this act.