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National Notary Association

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CO House Bill 25-1076

Legislation

State: Colorado
Signed: March 14, 2025

Effective: January 01, 2026
Chapter: 16

Summary

The Colorado General Assembly enacts a mobile driver’s license and ID bill and clarifies these electronic IDs may be accepted to verify a person’s age or identity.

Affects

Creates Section 42-2-145 in the Colorado Revised Statutes.

Changes
  1. Defines "mobile identification document" as a verifiable electronic extension of a department-issued physical identification document that resides in a native mobile device wallet.
  2. Defines "physical identification document" as a physical driver's license or instruction permit or a physical identification card.
  3. Provides that 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.
  4. Requires the Department to promulgate rules setting criteria for the approval and implementation of mobile identification documents.
  5. Authorizes mobile identification documents to 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.
Analysis

Lots of states are enacting mobile driver’s license and ID bills. They may contain various rules related to the technical specifications of these IDs, as well as provisions to ensure privacy. Most say that a person who has a mobile driver’s license or ID must carry their physical credential with them at all times. Few, if any, say how these electronic credentials may be used. This is what makes Colorado House Bill 25-1076 special. It expressly authorizes mobile identification documents to be accepted to verify age or identity. This would include by a Notary Public.

In the past, the NNA has asked the Colorado Secretary of State’s office whether Notaries could accept a mobile driver’s license under the Governor’s Executive Order B 2019 013. The Secretary’s office indicated at that time it would want to issue regulations before Notaries could accept them. Under House Bill 25-1076 it would appear Notaries could accept them without regulations. But any Notary who was apprehensive about the new electronic IDs could require a document signer to produce their physical ID under an express provision in the new law.

Read House Bill 25-1076.

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