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CO Executive Order B 2019 013

Executive Order

State: Colorado

Effective: October 30, 2019

Summary

Executive Order B 2019 013 authorizes Colorado digital driver licenses and non-driver identification to be accepted as a legal form of personal identification for use in Colorado.

Affects

The application of Section 24-21-507(2)(a) of the Colorado Revised Statutes.

Changes
  1. Authorizes Colorado digital IDs comprising driver licenses and non-driver identification to be accepted as a legal form of personal identification in Colorado.
  2. Authorizes all executive branch agencies in Colorado to accept digital IDs beginning December 1, 2019.
  3. Authorizes an educational campaign to inform organizations, businesses, and individuals across Colorado that digital IDs are valid forms of identification.
  4. Directs state agencies to work with federal agencies to ensure that Colorado digital IDs comply with the federal REAL ID Act of 2005.
  5. Directs state agencies to work with the Transportation Security Administration and other federal authorities to ensure Colorado's digital IDs are valid forms of identification for travel across the United States and worldwide.
  6. Directs state agencies to issue guidelines on how to validate Colorado digital IDs.
  7. Provides exemptions for certain law enforcement agencies.
Analysis

The Governor of Colorado signed an executive order authorizing the use and acceptance of digital driver licenses and non-driver IDs in Colorado through the myColorado mobile application that will be available on iOS (Apple) and Android devices initially. Colorado and three states have piloted projects on a small scale, but Colorado is the first state to explicitly allow digital IDs to replace a tangible driver license or non-driver ID. There are many benefits to digital IDs. Accessing a driver license on a modern cell phone is arguably more secure than carrying a tangible license or ID because authentication to the device is required in order to view the digital ID. If someone loses their phone containing the myColorado mobile app, the Colorado DMV can immediately take action to rescind or reissue it. The Governor is calling on all Coloradoans to accept the new technology, but for now urges Coloradoans to continue to carry their physical driver licenses or non-driver IDs as a backup until at least December 31, 2020. During the intervening time, the state will be launching an educational campaign to inform state and federal agencies about the new technology. In email correspondence obtained by the NNA, the Colorado Secretary of State's office has said that myColorado Digital IDs comply with CRS 24-21-507(2)(a), the statute that specifies the forms of identification that can be presented to a Notary. While the Colorado Secretary of State believes Colorado Notaries can accept the new digital IDs, time will tell whether the other 49 U.S. states and the District of Columbia will recognize the IDs as well.

Read the Executive Order (click the PDF below).

Update: As of February 2024, the Secretary of State's office has informed the NNA that Notaries should not accept a myColorado mDL until the Secretary's office has published rules and guidelines for their use by Notaries.

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