reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 7 - CRIMINAL JUSTICE RECORD SEALING (§§ 24-72-701 — 24-72-711) › Section 24-72-711 - [Effective 7/1/2025] Record sealing - change in the law - conduct no longer prohibited

(1)
Pursuant to the timelines in this subsection (1), if a statutory change legalizes previously prohibited conduct, a defendant may file a motion in any case in which a conviction record exists pertaining to the defendant's conviction for an offense that is no longer prohibited by statute and provide notice of the motion to the district attorney. A defendant may file the motion after the date of the final disposition against the defendant or the date of the defendant's release from supervision, whichever is later.
(2)
A defendant who makes a motion to have the defendant's criminal records sealed pursuant to this section is not required to pay any fees or costs associated with sealing the record.
(3)
The district attorney may only object to the sealing of a record pursuant to this section if the district attorney has a good-faith belief that the offense the defendant is seeking to seal is illegal at the time the motion to seal is made. If the district attorney does not object within forty-two days after the date of the motion to seal the record, the court shall order the record sealed regardless of other convictions on the defendant's record.
(4)
Notwithstanding the provisions of section 24-72-706 (1)(c), a defendant who files a motion pursuant to this section shall not be required to submit a verified copy of the defendant's criminal history with the motion. section 24-72-703 (2)(a)(V) does not apply to conviction records sealed pursuant to this section.
Added by 2024 Ch. 384,§ 7, eff. 7/1/2025.
2024 Ch. 384, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72.1 - SECURE AND VERIFIABLE IDENTITY DOCUMENTS (§§ 24-72.1-101 — 24-72.1-107) › Section 24-72.1-101 - Short title

This article shall be known and may be cited as the "Secure and Verifiable Identity Document Act".
L. 2003: Entire article added, p. 1887, § 1, effective May 22.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72.1 - SECURE AND VERIFIABLE IDENTITY DOCUMENTS (§§ 24-72.1-101 — 24-72.1-107) › Section 24-72.1-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Children" means children as defined by
42 U.S.C. sec. 1786 (b)
.
(2)
"Infants" means infants as defined by
42 U.S.C. sec. 1786 (b)
.
(3)
"Public entity" means an agency, department, board, division, bureau, commission, council, or political subdivision of the state.
(4)
"Public official" means an elected or appointed official, an employee, or an agent of a public entity.
(5)
"Secure and verifiable document" means a document issued by a state or federal jurisdiction or recognized by the United States government and that is verifiable by federal or state law enforcement, intelligence, or homeland security agencies.
L. 2003: Entire article added, p. 1887, § 1, effective May 22.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72.1 - SECURE AND VERIFIABLE IDENTITY DOCUMENTS (§§ 24-72.1-101 — 24-72.1-107) › Section 24-72.1-103 - Identity documents - verifiable

(1)
Except as provided in subsection (3) of this section, a public entity that provides services shall not accept, rely upon, or utilize an identification document to provide services unless it is a secure and verifiable document.
(2)
Except as provided in subsection (3) of this section, a public entity that is issuing an identification card, license, permit, or official document shall not authorize acceptance of an identification document, nor shall a public official acting in an official capacity accept the holder's identification document before issuing official documents, unless the identification document is a secure and verifiable document.
(3)
The department of revenue may issue a driver's license, minor driver's license, instruction permit, or identification card in accordance with part 5 of article
2
of title
42
, C.R.S., but the license, permit, or card is not a secure and verifiable document.
Amended by 2013 Ch. 402, § 5, eff. 8/7/2013 and applicable to applications submitted on or after 8/1/2014.
L. 2003: Entire article added, p. 1888, § 1, effective May 22. L. 2013: Entire section amended, (SB 13-251), ch. 402, p. 2354, § 5, effective August 7.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72.1 - SECURE AND VERIFIABLE IDENTITY DOCUMENTS (§§ 24-72.1-101 — 24-72.1-107) › Section 24-72.1-104 - Records

Information gathered pursuant to section
24-72.1-105 (2)(a)
shall be a public record accessed pursuant to section
24-72-306
unless the subject of the information is a juvenile or the information concerns an ongoing criminal investigation. Such records shall be retained for three years, but may be disposed of after three years.
L. 2003: Entire article added, p. 1888, § 1, effective May 22.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72.1 - SECURE AND VERIFIABLE IDENTITY DOCUMENTS (§§ 24-72.1-101 — 24-72.1-107) › Section 24-72.1-105 - Violations - immunity

(1)
Actions taken in knowing violation of this article shall not be protected by governmental immunity provided to public employees by article
10
of this title.
(2)
A peace officer who, in the performance of the officer's duties, utilizes identification that is not secure and verifiable shall not forfeit governmental immunity pursuant to this section if such officer:
(a)
Gathers all information from such identification; and
(b)
If feasible, according to any applicable law enforcement agency guidelines, gathers fingerprint information from such person and stores such fingerprints for at least one year as a criminal justice record.
L. 2003: Entire article added, p. 1888, § 1, effective May 22.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72.1 - SECURE AND VERIFIABLE IDENTITY DOCUMENTS (§§ 24-72.1-101 — 24-72.1-107) › Section 24-72.1-106 - Applicability

(1)
This article 72.1 does not apply to:
(a)
A person reporting a crime;
(b)
A public entity or official accepting a crime report, conducting a criminal investigation, accepting an application for the provision of services or providing services to infants and children born in the United States pursuant to
42 U.S.C. sec. 1786
, or providing emergency medical service;
(c)
A peace officer in the performance of the officer's duties and within the scope of the officer's employment if the officer complies with section
24-72.1-105 (2)
;
(d)
A person issuing a hunting or fishing license pursuant to article
4
of title
33
; or
(e)
Instances when a federal law mandates acceptance of a document.
Amended by 2020 Ch. 49, § 14, eff. 3/20/2020.
L. 2003: Entire article added, p. 1888, § 1, effective May 22.
Section 15 of chapter 49 (HB 20-1087), Session Laws of Colorado 2020, provides that the act changing this section applies to offenses committed on or after March 20, 2020.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72.1 - SECURE AND VERIFIABLE IDENTITY DOCUMENTS (§§ 24-72.1-101 — 24-72.1-107) › Section 24-72.1-107 - [Repealed]

Amended by 2013 Ch. 284, § 4, eff. 5/24/2013.
L. 2006: Entire section added, p. 1289, § 1, effective August 7. L. 2013: (2) repealed, (SB 13-129), ch. 284, p. 1493, § 4, effective May 24.
Subsection (1)(b) provided for the repeal of subsection (1), effective July 1, 2009. (See L. 2006, p. 1289.)
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72.3 - PROHIBITING INCLUSION OF SOCIAL SECURITY NUMBER (§§ 24-72.3-101 — 24-72.3-102) › Section 24-72.3-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Public entity" means an agency, department, board, division, bureau, commission, council, authority, special district, or political subdivision of the state or a local government.
L. 2004: Entire article added, p. 1958, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72.3 - PROHIBITING INCLUSION OF SOCIAL SECURITY NUMBER (§§ 24-72.3-101 — 24-72.3-102) › Section 24-72.3-102 - Prohibition - inclusion of social security number - requiring social security number over the phone, internet, or mail - exceptions

(1)
A public entity shall not issue a license, permit, pass, or certificate that contains the holder's social security number, unless the issuing authority determines inclusion of the social security number is necessary to further the purpose of the license, pass, or certificate or inclusion is required by federal or state law.
(2)
A public entity shall not request a person's social security number over the phone, internet, or via mail unless the public entity determines receiving the social security number is required by federal law or is essential to the provision of services by the public entity.
L. 2004: Entire article added, p. 1958, § 1, effective August 4.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72.4 - REVENUE AND EXPENDITURE WEB-BASED SYSTEM (§§ 24-72.4-101 — 24-72.4-106) › Section 24-72.4-101 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
Taxpayers should be able to easily access the details of the state's finances, including how much revenue the state receives and how that revenue is spent;
(b)
On April 2, 2009, the governor issued an executive order that created the transparency online project;
(c)
The transparency online project is a free, searchable web-based system providing easy access to information about the state's revenues and expenditures;
(d)
The transparency online project is an important first step in providing a more transparent and accountable state government; and
(e)
The purpose of this legislation is to improve the system created by the executive order.
(2)
Now, therefore, it is the intent of the general assembly that the web-based system established by the governor's executive order be modified as set forth in this article.
(3)
(a)
The general assembly further finds and declares that:
(I)
Only a limited number of the department of transportation's transactions are included in the state's official book of record and, accordingly, most of its revenues and expenditures are not included in the web-based system;
(II)
Because of accounting and information technology differences, it is not feasible to fully assimilate the department of transportation into the web-based system; and
(III)
Taxpayers should still be able to access the details of the department of transportation's finances.
(b)
Now, therefore, it is the intent of the general assembly that the department of transportation be required to create and maintain a searchable, online revenue and expenditure database and that such information should be accessible through the web-based system.
(4)
The general assembly further finds and declares that the web-based system, known as the transparency online project, has made state government more transparent and accountable and that county taxpayers are entitled to the same access to information. Now, therefore, it is the intent of the general assembly to expand the system to include revenue and expenditure data for counties.
Amended by 2016 Ch. 115, § 1, eff. 8/10/2016.
L. 2009: Entire article added, (HB 09 -1288), ch. 439, p. 2430, § 1, effective August 5. L. 2011: (3) added, (HB 11 -1002), ch. 263, p. 1144, § 1, effective August 10. L. 2016: (4) added, (HB 16-1230), ch. 115, p. 325, § 1, effective August 10.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72.4 - REVENUE AND EXPENDITURE WEB-BASED SYSTEM (§§ 24-72.4-101 — 24-72.4-106) › Section 24-72.4-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Challenger" means an individual who challenges an exclusion of information from the web-based system by sending written notice to a state agency in accordance with section
24-72.4-103 (2)(a)
.
(2)
"Chief information officer" means the chief information officer appointed pursuant to section
24-37.5-103
.
(3)
"County" means any county in the state and includes a city and county.
(4)
"Online database" means the searchable, online revenue and expenditure database developed, maintained, and made publicly available by the department of transportation pursuant to section
24-72.4-105
.
(5)
"Spending agency" means any county office, unit, department, board, commission, or institution that is responsible for any particular expenditures or revenues, as identified by the county for purposes of the "Local Government Budget Law of Colorado", part 1 of article
1
of title
29
, C.R.S.
(6)
"State agency" means any department, division, board, bureau, commission, institution, or agency of the state for which account balances are maintained on the state's official book of record.
(7)
"State's official book of record" means the electronic database commonly known as the Colorado financial reporting system that is maintained by the office of information technology on behalf of the state controller pursuant to the authority set forth in section
24-30-202
.
(8)
"Unstructured data field" means a data element in the state's official book of record for which the content is not selected from a predetermined set of options and the preparer of the transaction is allowed to enter any combination of characters or symbols.
(9)
"Web-based system" means the searchable web-based system that provides access to:
(a)
Descriptions of revenues and expenditures recorded in the state's official book of record that, in accordance with executive order 007-09, is developed and maintained by the chief information officer, in consultation with the state controller; and
(b)
Descriptions of revenues and expenditures that a county provides to the chief information officer.
Amended by 2016 Ch. 115, § 2, eff. 8/10/2016.
L. 2009: Entire article added, (HB 09 -1288), ch. 439, p. 2431, § 1, effective August 5. L. 2010: (1) amended and (1.2), (1.4), (1.6), and (1.8) added, (HB 10 -1393), ch. 329, p. 1519, § 1, effective May 27. L. 2011: (1.3) added, (HB 11 -1002), ch. 263, p. 1145, § 2, effective August 10. L. 2016: Entire section amended, (HB 16-1230), ch. 115, p. 325, § 2, effective August 10.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72.4 - REVENUE AND EXPENDITURE WEB-BASED SYSTEM (§§ 24-72.4-101 — 24-72.4-106) › Section 24-72.4-104 - Information in web-based system - limit on duty

(1)
The chief information officer and the state controller may reasonably rely upon representations by a state agency in determining what information to include in the web-based system, and neither the chief information officer nor the state controller shall have a duty to independently review the information for compliance with this article 72.4 prior to posting the information on the web-based system.
(2)
The limitation on duty set forth in subsection (1) of this section shall be in addition to any limitation on duty and liability provided by the "Colorado Governmental Immunity Act", article
10
of this title.
Amended by 2024 Ch. 34,§ 21, eff. 3/22/2024.
Amended by 2016 Ch. 115, § 4, eff. 8/10/2016.
L. 2010: Entire section added, (HB 10 -1393), ch. 329, p. 1522, § 4, effective May 27. L. 2016: (1) amended, (HB 16-1230), ch. 115, p. 326, § 4, effective August 10.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72.4 - REVENUE AND EXPENDITURE WEB-BASED SYSTEM (§§ 24-72.4-101 — 24-72.4-106) › Section 24-72.4-105 - Department of transportation - revenue and expenditure - online database - link to web-based system

(1)
No later than July 1, 2012, the department of transportation shall develop, maintain, and make publicly available a searchable, online revenue and expenditure database.
(2)
The online database must:
(a)
Include the following information for all revenues received by the department of transportation:
(I)
The amount received;
(II)
The date of receipt;
(III)
The source of the moneys; except that the identity of an individual making a payment to the department of transportation should not be included;
(IV)
The reason for the payment;
(V)
The fund in which the moneys are deposited; and
(VI)
The program for which the moneys are received;
(b)
(I)
Except as set forth in subparagraph (II) of this paragraph (b), include the following information for each expenditure made by the department of transportation:
(A)
The amount of moneys expended;
(B)
The date of the transaction;
(C)
The vendor that received the payment;
(D)
The purchase category; and
(E)
The fund from which the expenditure was made;
(II)
Include only the following information about payments made to each employee of the department of transportation:
(A)
The personnel area of the employee;
(B)
The employee's job title; and
(C)
The gross year-to-date payments made to the employee;
(c)
Be searchable;
(d)
Be updated at least every five business days to include new expenditure and revenue data;
(e)
Beginning on July 1, 2013, include archived revenue and expenditure data for the prior state fiscal year only.
(3)
The online database must not include:
(a)
Any information that is not a public record or that is exempt from disclosure pursuant to the "Colorado Open Records Act", part 2 of article
72
of this title, or pursuant to part 3 of article
72
of this title; or
(b)
Any information that is confidential pursuant to state or federal law.
(4)
The department of transportation may include any other information that the department determines will increase transparency.
L. 2011: Entire section added, (HB 11 -1002), ch. 263, p. 1145, § 4, effective August 10.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72.4 - REVENUE AND EXPENDITURE WEB-BASED SYSTEM (§§ 24-72.4-101 — 24-72.4-106) › Section 24-72.4-106 - [Repealed]

Repealed by 2024 Ch. 34,§ 22, eff. 3/22/2024.
Added by 2016 Ch. 115, § 5, eff. 8/10/2016.
L. 2016: Entire section added, (HB 16-1230), ch. 115, p. 327, § 5, effective August 10.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-74-108) › Article 72.5 - GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-72.5-106) › Section 24-72.5-101 - Legislative declaration

The general assembly finds that an informed citizenry, which results from the free flow of information between citizens and the mass media, and the preservation of news information sources for the mass media is of vital concern to all people of the state of Colorado and that the interest of the state in such area is so great that the state shall retain jurisdiction over the use of any subpoena power or the exercise of any other authority by any governmental entity to obtain news information or the identification of the source of such information within the knowledge or possession of newspersons, which is hereby declared to be a matter of statewide concern.
L. 90: Entire article added, p. 1264, § 2, effective April 16.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-74-108) › Article 72.5 - GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-72.5-106) › Section 24-72.5-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Governmental entity" means the state and any state agency or institution, county, city and county, incorporated city or town, school district, special improvement district, authority, and every other kind of district, instrumentality, or political subdivision of the state organized pursuant to law. "Governmental entity" shall include entities governed by home rule charters.
(2)
"Mass medium" means any publisher of a newspaper or periodical; wire service; radio or television station or network; news or feature syndicate; or cable television system.
(3)
"News information" means any knowledge, observation, notes, documents, photographs, films, recordings, videotapes, audiotapes, and reports, and the contents and sources thereof, obtained by a newsperson while engaged as such, regardless of whether such items have been provided to or obtained by such newsperson in confidence.
(4)
"Newsperson" means any member of the mass media and any employee or independent contractor of a member of the mass media who is engaged to gather, receive, observe, process, prepare, write, or edit news information for dissemination to the public through the mass media.
(5)
"Press conference" means any meeting or event called for the purpose of issuing a public statement to members of the mass media, and to which members of the mass media are invited in advance.
(6)
"Proceeding" means any investigation, hearing, or other process for obtaining information conducted by, before, or under the authority of any executive or administrative body, panel, or officer of the state of Colorado or any city, county, city and county, or other political subdivision of the state. Such term shall not include any investigation, hearing, or other process for obtaining information conducted by, before, or under the authority of the general assembly.
(7)
"Source" means any person from whom or any means by or through which news information is received or procured by a newsperson, regardless of whether such newsperson was requested to hold confidential the identity of such person or means.
L. 90: Entire article added, p. 1264, § 2, effective April 16.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-74-108) › Article 72.5 - GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-72.5-106) › Section 24-72.5-103 - Compelled disclosure of news information - privilege

(1)
Notwithstanding any other provision of law to the contrary, and except as otherwise provided by section
24-72.5-104
, no newsperson shall, without the express consent of such newsperson, be compelled to disclose, be examined concerning refusal to disclose, or be subject to any process to compel disclosure or to impose any sanction for nondisclosure in connection with any proceeding of a governmental entity for refusal to disclose any news information received, observed, procured, processed, prepared, written, or edited by a newsperson, while acting in the capacity of a newsperson; except that the privilege of nondisclosure shall not apply to the following:
(a)
News information received at a press conference;
(b)
News information that has actually been published or broadcasted through the mass media;
(c)
News information based on a newsperson's personal observation of the commission of an act which, under any statute, law, or ordinance, is deemed to be a criminal offense if substantially similar news information cannot reasonably be obtained by any other means;
(d)
News information based on a newsperson's personal observation of the commission of a class 1, 2, or 3 felony.
L. 90: Entire article added, p. 1265, § 2, effective April 16.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-74-108) › Article 72.5 - GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-72.5-106) › Section 24-72.5-104 - Limit of nondisclosure privilege for newsperson

(1)
Notwithstanding the privilege of nondisclosure established in section
24-72.5-103
, a governmental entity otherwise authorized by law to issue or obtain subpoenas may subpoena a newsperson in order to obtain news information by establishing, by a preponderance of the evidence:
(a)
That the news information is directly relevant to a substantial issue involved in the proceeding;
(b)
That the news information cannot be obtained by any other reasonable means; and
(c)
That a strong interest of the party seeking to subpoena the newsperson outweighs the interests under the first amendment to the United States constitution of such newsperson in not responding to a subpoena and of the general public in receiving news information.
L. 90: Entire article added, p. 1265, § 2, effective April 16.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-74-108) › Article 72.5 - GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-72.5-106) › Section 24-72.5-105 - Waiver of privilege

The privilege of nondisclosure established in section
24-72.5-103
may be waived only by the voluntary testimony or disclosure of a newsperson that directly addresses the news information or identifies the source of such news information sought by a governmental entity. A publication or broadcast of a news report through the mass media concerning the subject area of the news information sought, but which does not directly address the news information sought by such governmental entity, shall not be deemed a waiver of the privilege of nondisclosure as to such specific news information.
L. 90: Entire article added, p. 1265, § 2, effective April 16.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-74-108) › Article 72.5 - GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-72.5-106) › Section 24-72.5-106 - Ability to obtain search warrant not affected

Nothing in this article shall preclude the issuance of a search warrant pursuant to the federal "Privacy Protection Act of 1980",
42 U.S.C. sec. 2000aa
.
L. 90: Entire article added, p. 1266, § 2, effective April 16.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-74-108) › Article 73 - SECURITY BREACHES AND PERSONAL INFORMATION (§§ 24-73-101 — 24-73-103) › Section 24-73-101 - Governmental entity - disposal of personal identifying information - policy - definitions

(1)
Each governmental entity in the state that maintains paper or electronic documents during the course of business that contain personal identifying information shall develop a written policy for the destruction or proper disposal of those paper and electronic documents containing personal identifying information. Unless otherwise required by state or federal law or regulation, the written policy must require that, when such paper or electronic documents are no longer needed, the governmental entity destroy or arrange for the destruction of such paper and electronic documents within its custody or control that contain personal identifying information by shredding, erasing, or otherwise modifying the personal identifying information in the paper or electronic documents to make the personal identifying information unreadable or indecipherable through any means.
(2)
A governmental entity that is regulated by state or federal law and that maintains procedures for disposal of personal identifying information pursuant to the laws, rules, regulations, guidances, or guidelines established by its state or federal regulator is in compliance with this section.
(3)
Unless a governmental entity specifically contracts with a recycler or disposal firm for destruction of documents that contain personal identifying information, nothing in this section requires a recycler or disposal firm to verify that the documents contained in the products it receives for disposal or recycling have been properly destroyed or disposed of as required by this section.
(4)
For the purposes of this section and section
24-73-102
, unless the context otherwise requires:
(a)
"Governmental entity" means the state and any state agency or institution, including the judicial department, county, city and county, incorporated city or town, school district, special improvement district, authority, and every other kind of district, instrumentality, or political subdivision of the state organized pursuant to law. "Governmental entity" includes entities governed by home rule charters. "Governmental entity" does not include an entity acting as a third-party service provider as defined in section
24-73-102
.
(b)
"Personal identifying information" means a social security number; a personal identification number; a password; a pass code; an official state or government-issued driver's license or identification card number; a government passport number; biometric data, as defined in section
24-73-103 (1)(a)
; an employer, student, or military identification number; or a financial transaction device, as defined in section
18-5-701 (3)
.
Added by 2018 Ch. 266, § 4, eff. 9/1/2018.
L. 2018: Entire article added, (HB 18-1128), ch. 266, p. 1639, § 4, effective September 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-74-108) › Article 73 - SECURITY BREACHES AND PERSONAL INFORMATION (§§ 24-73-101 — 24-73-103) › Section 24-73-102 - Governmental entity - protection of personal identifying information - definition

(1)
To protect personal identifying information, as defined in section
24-73-101 (4)(b)
, from unauthorized access, use, modification, disclosure, or destruction, a governmental entity that maintains, owns, or licenses personal identifying information shall implement and maintain reasonable security procedures and practices that are appropriate to the nature of the personal identifying information and the nature and size of the governmental entity.
(2)
Unless a governmental entity agrees to provide its own security protection for the information it discloses to a third-party service provider, the governmental entity shall require that the third-party service provider implement and maintain reasonable security procedures and practices that are:
(a)
Appropriate to the nature of the personal identifying information disclosed to the third-party service provider; and
(b)
Reasonably designed to help protect the personal identifying information from unauthorized access, use, modification, disclosure, or destruction.
(3)
For the purposes of subsection (2) of this section, a disclosure of personal identifying information does not include disclosure of information to a third party under circumstances where the governmental entity retains primary responsibility for implementing and maintaining reasonable security procedures and practices appropriate to the nature of the personal identifying information and the governmental entity implements and maintains technical controls reasonably designed to:
(a)
Help protect the personal identifying information from unauthorized access, modification, disclosure, or destruction; or
(b)
Effectively eliminate the third party's ability to access the personal identifying information, notwithstanding the third party's physical possession of the personal identifying information.
(4)
A governmental entity that is regulated by state or federal law and that maintains procedures for storage of personal identifying information pursuant to the laws, rules, regulations, guidances, or guidelines established by its state or federal regulator is in compliance with this section.
(5)
For the purposes of this section, "third-party service provider" means an entity that has been contracted to maintain, store, or process personal identifying information on behalf of a governmental entity.
Added by 2018 Ch. 266, § 4, eff. 9/1/2018.
L. 2018: Entire article added, (HB 18-1128), ch. 266, p. 1640, § 4, effective September 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-74-108) › Article 74 - PROTECTION OF PERSONAL IDENTIFYING INFORMATION (§§ 24-74-101 — 24-74-108) › Section 24-74-101 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
State agencies increasingly collect residents' personal information to be able to provide a variety of services, including education, healthcare, financial assistance, and regulatory and enforcement activities designed to ensure the safety of Colorado residents;
(b)
Colorado residents have a reasonable expectation that state agencies will not disclose this information with outside actors for unintended purposes;
(c)
Coloradans' access to government services, including services that can be crucial in a time of crisis, is key to the collective health and wellness of the state;
(d)
All Coloradans should feel welcome to be the recipients of state services without fear of abuse of their privacy or data;
(e)
Any role that a state agency plays in enforcing federal immigration laws can undermine public trust and deter persons from accessing these services offered by state agencies;
(f)
The United States and Colorado constitutions guarantee persons a legitimate expectation of privacy from unreasonable government intrusions;
(g)
The federal government does not have the authority to command state or local officials to enforce or administer a federal regulatory program, as doing so would violate the tenth amendment to the United States constitution; and
(h)
This article 74 is not intended to interfere with criminal investigations and proceedings authorized by judicial process or with the collection or sharing of information that may be necessary to provide Coloradans with government services and benefits.
(2)
The general assembly further finds and declares that it is necessary to adopt this article 74 to protect individual rights and to further the preservation of the peace, health, and safety of Colorado residents.
Added by 2021 Ch. 353, § 1, eff. 6/25/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-74-108) › Article 74 - PROTECTION OF PERSONAL IDENTIFYING INFORMATION (§§ 24-74-101 — 24-74-108) › Section 24-74-102 - Definitions

As used in this article 74, unless the context otherwise requires:
(1)
"Personal identifying information" means information that may be used, along or in conjunction with any other information, to identify a specific individual, including but not limited to a name; a date of birth; a place of birth; a social security number or tax identification number; a password or pass code; an official government-issued driver's license or identification card number; information contained in an employment authorization document; information contained in a permanent resident card; vehicle registration information; a license plate number; a photograph, electronically stored photograph, or digitized image; a fingerprint; a record of a physical feature, a physical characteristic, a behavioral characteristic, or handwriting; a government passport number; a health insurance identification number; an employer, student, or military identification number; a financial transaction device; a school or educational institution attended; a source of income; medical information; biometric data; financial and tax records; home or work addresses or other contact information; family or emergency contact information; status as a recipient of public assistance or as a crime victim; race; ethnicity; national origin; immigration or citizenship status; sexual orientation; gender identity; physical disability; intellectual and developmental disability; or religion.
(2)
"Publicly available information" means information that is available to the public online, in person, or through a request for records under part 2 or part 3 of article
72
of this title 24.
(3)
"State agency" means a department of the executive branch of state government, including any division, office, agency, or other unit created within a department or the governor's office, including institutions of higher education and the Colorado commission on higher education.
(4)
"State agency employee" means every person in the service of a state agency, including all officers and employees, whether full-time, part-time, or temporary, and whether classified in or exempt from the state personnel system. "State agency employee" also includes all independent contractors of a state agency when acting in their capacity as independent contractors for the state agency.
(5)
"Third party" means any person or entity, including any law enforcement officer or agency, that is not a state agency, a state agency employee, or otherwise part of the state government.
Added by 2021 Ch. 353, § 1, eff. 6/25/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-74-108) › Article 74 - PROTECTION OF PERSONAL IDENTIFYING INFORMATION (§§ 24-74-101 — 24-74-108) › Section 24-74-103 - Personal identifying information shared by state agencies - limitation - responsibilities - state agency employee

A state agency employee shall not disclose or make accessible, including through a database or automated network, personal identifying information that is not publicly available information for the purpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, including enforcement of civil immigration laws and
8 U.S.C. sec. 1325
or
1326
, except as required by federal or state law or as required to comply with a court-issued subpoena, warrant, or order.
Added by 2021 Ch. 353, § 1, eff. 6/25/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-74-108) › Article 74 - PROTECTION OF PERSONAL IDENTIFYING INFORMATION (§§ 24-74-101 — 24-74-108) › Section 24-74-104 - Reduce personal identifying information collected by state agencies

(1)
Beginning January 1, 2022, a state agency employee shall not inquire into, or request information or documents to ascertain, a person's immigration status for the purpose of identifying if the person has complied with federal immigration laws, including civil immigration laws and
8 U.S.C. sec. 1325
or
1326
, except as required by state or federal law or as necessary to perform state agency duties, or to verify a person's eligibility for a government funded program for housing or economic development if verification is a necessary condition of the government funding.
(2)
Beginning January 1, 2022, a state agency shall not collect the following, except as required by state or federal law or as necessary to perform state agency duties, or to verify a person's eligibility for a government funded program for housing or economic development if verification is a necessary condition of the government funding:
(a)
Place of birth;
(b)
Immigration or citizenship status; or
(c)
Information from passports, permanent resident cards, alien registration cards, or employment authorization documents.
(3)
This section does not apply to a database or automated network collecting data or documents that was activated by a state agency on or before December 31, 2021.
Added by 2021 Ch. 353, § 1, eff. 6/25/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-74-108) › Article 74 - PROTECTION OF PERSONAL IDENTIFYING INFORMATION (§§ 24-74-101 — 24-74-108) › Section 24-74-105 - Access to state agency records - limitations

(1)
Beginning January 1, 2022, to be granted access to personal identifying information through a database or automated network that is not publicly available information, a third party must have, within the past year, certified under penalty of perjury that:
(a)
The third party will not use personal identifying information obtained from the database or automated network for the purpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, including enforcement of civil immigration laws and
8 U.S.C. sec. 1325
or
1326
, unless required by federal or state law or to comply with a court-issued subpoena, warrant, or order; and
(b)
The third party will not disclose personal identifying information obtained from the database or automated network to individuals or entities engaged in investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, including enforcement of civil immigration laws and
8 U.S.C. sec. 1325
or
1326
, unless required by federal or state law or to comply with a court-issued subpoena, warrant, or order.
(2)
The attorney general's office shall create a model certification form and provide it to state agencies within sixty days of June 25, 2021.
Added by 2021 Ch. 353, § 1, eff. 6/25/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-74-108) › Article 74 - PROTECTION OF PERSONAL IDENTIFYING INFORMATION (§§ 24-74-101 — 24-74-108) › Section 24-74-107 - Data privacy breaches - accountability provisions

Any state agency employee who intentionally violates the provisions of this article 74 is subject to an injunction and is liable for a civil penalty of not more than fifty thousand dollars for each violation.
Added by 2021 Ch. 353, § 1, eff. 6/25/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNMENTAL ACCESS TO NEWS INFORMATION (§§ 24-72.5-101 — 24-74-108) › Article 74 - PROTECTION OF PERSONAL IDENTIFYING INFORMATION (§§ 24-74-101 — 24-74-108) › Section 24-74-108 - Severability

If any provision of this article 74 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article 74 which can be given effect without the invalid provision or application, and to this end the provisions of this article 74 are severable.
Added by 2021 Ch. 353, § 1, eff. 6/25/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE FUNDS (§§ 24-75-101 — 24-75-1401) › Article 75 - STATE FUNDS (§§ 24-75-101 — 24-75-1401) › Part 1 - APPROPRIATIONS (§§ 24-75-101 — 24-75-116) › Section 24-75-101 - Deficiency in revenue

(1)
The following appropriations shall be appropriations of the first class and shall be first paid out of the revenue of the state against which they are chargeable:
(a)
All appropriations made by the general assembly for the executive, legislative, and judicial departments of the state government;
(b)
All appropriations made by the general assembly for the institutions of higher education and for the penal, charitable, and eleemosynary institutions of the state government;
(c)
All interests on the public debt of the state government;
(d)
All appropriations of funds derived from state continuing mill levies for the support of penal, eleemosynary, and educational institutions and other state purposes, other than the general revenue fund, shall be appropriations of the first class and shall be expended as such for the purposes for which levied and appropriated.
(2)
All other appropriations made by the general assembly shall be appropriations of the second class.
(3)
In case there are insufficient revenues to pay all appropriations made by the general assembly in full, the appropriations of the first class, designated in subsection (1) of this section, shall be first paid in full and the balance of revenue available shall be thereafter prorated among the second class appropriations designated in subsection (2) of this section.
L. 41: p. 636, §§ 1, 2. CSA: C. 153, § 16(1). CRS 53: § 130-1-1. C.R.S. 1963: § 130-1-1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE FUNDS (§§ 24-75-101 — 24-75-1401) › Article 75 - STATE FUNDS (§§ 24-75-101 — 24-75-1401) › Part 1 - APPROPRIATIONS (§§ 24-75-101 — 24-75-116) › Section 24-75-102 - When appropriations expended - balance

(1)
(a)
Except as otherwise provided by law, including paragraph (b) of this subsection (1), all moneys appropriated by the general assembly may be expended or encumbered, if authorized by the controller, only in the fiscal year for which appropriated. Except as otherwise provided by law, any moneys unexpended or not encumbered from the appropriation to each department for any fiscal year shall revert to the general fund or, if made from a special fund, to such special fund. Determination of such expenditures or encumbrances shall be made no later than thirty-five days after the close of the fiscal year and pursuant to the provisions of section
24-30-202 (11)
.
(b)
(I)
Appropriations for the superfund, brownfields, and natural resource damage programs administered by the department of public health and environment pursuant to article
15
of title
25
, C.R.S., shall be encumbered within eighteen months after the beginning of the fiscal year for which they were appropriated.
(II)
As used in this paragraph (b), "superfund" means the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980",
42 U.S.C. sec. 9601
et seq., as amended.
(2) and (3)
Repealed.
L. 49: p. 686, § 1. CSA: C. 153, § 23(1). CRS 53: § 130-1-2. C.R.S. 1963: § 130-1-2. L. 81: Entire section amended, p. 1162, § 2, effective May 29. L. 85: Entire section amended, p. 1723, § 1, effective July 10. L. 94: Entire section amended, p. 828, § 1, effective 7/1/1995. L. 98: Entire section amended, p. 1360, § 120, effective June 1. L. 2000: (3) added, p. 487, § 10, effective April 28. L. 2008: (1) amended, p. 177, § 15, effective March 24. L. 2010: (1)(b)(II) amended, (HB 10 -1422), ch. 419, p. 2088, § 79, effective August 11.
(1) Subsection (2) provided for the repeal of subsection (2), effective September 1, 1998. (See L. 98, p. 1360.)
(2) Subsection (3) provided for the repeal of subsection (3), effective September 1, 2000. (See L. 2000, p. 487.)
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE FUNDS (§§ 24-75-101 — 24-75-1401) › Article 75 - STATE FUNDS (§§ 24-75-101 — 24-75-1401) › Part 1 - APPROPRIATIONS (§§ 24-75-101 — 24-75-116) › Section 24-75-103 - Exceptions to transfer of balances

The provisions of section
24-75-102
shall not apply to any appropriation where, as a part of the object intended by or as preliminary to the expenditure of the appropriation, condemnation proceedings or other litigation has been commenced or where the expenditure of the money appropriated has been delayed by proceedings or litigation by third persons in resistance of the object of the appropriation.
L. 49: p. 686, § 2. CSA: C. 153, § 23(2). CRS 53: § 130-1-3. C.R.S. 1963: § 130-1-3.