2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › GENERAL AND ADMINISTRATIVE (§§ 42-1-101 — 42-1-401) › Article 1 - GENERAL AND ADMINISTRATIVE (§§ 42-1-101 — 42-1-401) › Part 2 - ADMINISTRATION (§§ 42-1-201 — 42-1-236) › Section 42-1-206 - Records open to inspection - furnishing of copies - rules

(1)
(a)
Except as provided in part 2 of article
72
of title
24
, C.R.S., and subsection (6) of this section, all records made public records by any provision of this title and kept in the office of the department shall be open to inspection by the public during business hours under such reasonable rules relating thereto as the executive director of the department may prescribe.
(b)
(I)
For purposes of subsections (1) to (3) and (5) of this section, "law" means the federal "Driver's Privacy Protection Act of 1994",
18 U.S.C. sec. 2721
et seq., the federal "Fair Credit Reporting Act",
15 U.S.C. sec. 1681
et seq., part 2 of article
72
of title
24
, part 21 of article
30
of title
24
, article
74
of title
24
, and this section. The department shall prepare a requester release form and make the form available to the department's authorized agents. The form must include the following:
(A)
A statement indicating whether the requester will use the motor vehicle or driver records or transfer or resell such records to another person for any purpose prohibited by law;
(B)
A warning that any person using motor vehicle or driver records, or obtaining, reselling, or transferring these records, for purposes prohibited by law may be subject to civil or criminal penalties under federal and state law; and
(C)
An affidavit of intended use that states that such requester shall not obtain, use, resell, or transfer the information for any purpose prohibited by law.
(II)
The department or an authorized agent shall require any person, other than a person in interest as defined in section
24-72-202 (4)
, C.R.S., or a federal, state, or local government agency carrying out its official functions, requesting inspection of a motor vehicle or driver record from the department or agent individually or in bulk, to sign a requester release form and, under penalty of perjury, an affidavit of intended use prior to providing the record to such person. The department or authorized agent may allow inspection of motor vehicle and driver records only as authorized under section
24-72-204 (7)
, C.R.S.
(2)
(a)
Except as provided in subsection (6) of this section, upon written application and the payment of a fee per copy, or a record search for each copy requested, the department shall furnish to any person a photostatic copy of any specified record or accident report specifically made a public record by this title and shall, if requested, certify the same. The department shall set the fee in accordance with section
42-2-114.5
. The department shall transfer the fee to the state treasurer, who shall credit the fee to the Colorado DRIVES vehicle services account created in section
42-1-211 (2)
.
(b)
An authorized agent of the department shall not provide the service of furnishing copies of certain records to members of the public if copies of such records are available to the public directly from the department.
(3)
Repealed. / (Deleted by amendment, L. 99, p. 345, § 3, effective April 16, 1999.)
(3.5)
(a)
The department shall not sell, permit the sale of, or otherwise release to anyone other than the person in interest any photograph, electronically stored photograph, digitized image, fingerprint, or social security number filed with, maintained by, or prepared by the department of revenue pursuant to section
42-2-121 (2)(c)(I)(F) or (2)(c)(I)(H)
.
(b)
Nothing in this subsection (3.5) shall prevent the department from sharing any information with a criminal justice agency as defined in section
24-72-302 (3)
; except that this subsection (3.5) does not apply to a request made for the purpose of investigating for, participating in, or assisting in federal immigration enforcement, including enforcement of civil immigration laws,
8 U.S.C. sec. 1325
and
8 U.S.C. sec. 1326
, except as required by federal law or state law or as required to comply with a court-issued subpoena, warrant, or order.
(c)
(Deleted by amendment, L. 2000, p. 1340, § 2, effective May 30, 2000.)
(d)
The department of revenue shall make every effort to retrieve all copies of photographs, electronically stored photographs, or digitized images that may have been sold by the department under subsection (3), as said subsection existed prior to its repeal in 1999, of this section.
(e)
Notwithstanding subsection (3.5)(a) of this section or part 3 of article
72
of title
24
, the department may transmit the driver or cardholder image from its driver's license and identification card records to the driver licensing agency of any other state for the purposes of identifying driver's license applicants and violators. The department may promulgate rules to implement this provision.
(3.7)
(a)
The department shall establish a system to allow bulk electronic transfer of information to primary users and vendors who are permitted to receive such information pursuant to section
24-72-204 (7)
, C.R.S. Bulk transfers to vendors shall be limited strictly to vendors who transfer or resell such information for purposes permitted by law. Such information shall consist of the information contained in a driver's license application under section
42-2-107
, a driver's license renewal application under section
42-2-118
, a duplicate driver's license application under section
42-2-117
, a commercial driver's license application under section
42-2-403
, an identification card application under section
42-2-302
, a motor vehicle title application under section
42-6-116
, a motor vehicle registration application under section
42-3-113
, or other official record or document maintained by the department under section
42-2-121
.
(b)
The department shall promulgate rules governing annual contracts with primary users and vendors for the purpose of establishing bulk electronic transfer of information to primary users and vendors pursuant to an annual affidavit and release form and shall require that the contracts include, at a minimum:
(I)
A provision for a reasonable fee that encompasses all direct costs of the department related to the bulk electronic transfer of information to that primary user or vendor;
(II)
A provision that prohibits any use not otherwise authorized by law;
(III)
A provision that requires the primary user or vendor to specify the designated use and recipients of the information; and
(IV)
A provision that prohibits any resale or transfer of the information other than as specified in the contract or in a manner that is prohibited by law.
(c)
Repealed.
(d)
The department shall provide bulk electronic transfer in accordance with the limitations and restrictions regarding release of information in this section as well as section
24-72-204
, C.R.S. The department shall not release photographs, electronically stored photographs, digitized images, or fingerprints filed with, maintained by, or prepared by the department through bulk electronic transfer.
(e)
The department shall forward all fees collected pursuant to contracts entered into with primary users or vendors pursuant to this subsection (3.7) to the state treasurer, who shall credit the same to the highway users tax fund. The general assembly shall make annual appropriations from the general fund for the costs associated with the administration of this subsection (3.7).
(f)
The executive director of the department shall promulgate rules as are consistent with current law and necessary to carry out the provisions of this subsection (3.7).
(4)
Notwithstanding the amount specified for any fee in this section, the executive director of the department by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section
24-75-402 (3)
, C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the department by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section
24-75-402 (4)
, C.R.S.
(5)
A person who willfully and knowingly obtains, resells, transfers, or uses information in violation of law:
(a)
Is liable to any injured party for treble damages, reasonable attorney fees, and costs;
(b)
Is subject to being denied access to the records by the department. The department may temporarily or permanently deny access to or place restrictions on the access of a person who violates this subsection (5).
(6)
The record of conviction and actions taken by the department for violating section
18-13-122
or
44-3-901 (1)(d)
, held by the department of revenue, shall not be a public record after the period of revocation imposed under such sections has been concluded; except that this subsection (6) shall not prevent the department from sharing such information with a criminal justice agency as defined in section
24-72-302 (3)
.
Amended by 2022 Ch. 135, § 5, eff. 7/1/2022.
Amended by 2021 Ch. 353, § 3, eff. 6/25/2021.
Amended by 2018 Ch. 297, § 2, eff. 7/1/2019.
Amended by 2018 Ch. 152, § 22, eff. 10/1/2018.
Amended by 2017 Ch. 101, § 2, eff. 8/9/2017.
Amended by 2014 Ch. 346, § 2, eff. 6/5/2014.
L. 94: Entire title amended with relocations, p. 2107, § 1, effective 1/1/1995. L. 97: (3) added, p. 1178, § 2, effective July 1; entire section amended, p. 1051, § 3, effective September 1. L. 98: (4) added, p. 1351, § 92, effective June 1. L. 99: (3) amended and (3.5) added, p. 345, § 3, effective April 16; (3) repealed and (3.7) added, pp. 1241, 1239, §§ 4, 2, effective August 4. L. 2000: (1)(b)(I)(A), (2)(a), (3.5)(c), and (3.7)(a) amended, p. 1340, § 2, effective May 30. L. 2001: (1)(b), (3.7)(a), IP(3.7)(b), (3.7)(b)(I), and (3.7)(b)(IV) amended and (5) added, p. 587, § 2, effective August 8. L. 2003: (2)(a) amended, p. 1978, § 2, effective May 22. L. 2005: (1)(a) and (2)(a) amended and (6) added, p. 673, § 1, effective June 1; (3.5)(d) amended, p. 782, § 75, effective June 1; (3.7)(a) amended, p. 1171, § 3, effective August 8. L. 2014: (2)(a) amended, (SB 14-194), ch. 1541, p. 1541, § 2, effective June 5. L. 2017: (3.5)(e) added, (HB 17 -1107), ch. 359, p. 359, § 2, effective August 9. L. 2018: (6) amended, (HB 18-1025), ch. 1082, p. 1082, § 22, effective October 1; IP(1)(b)(I), (1)(b)(I)(B), and (5) amended, (HB 18-1299), ch. 1808, p. 1808, § 2, effective 7/1/2019. L. 2021: IP(1)(b)(I) and (3.5)(b) amended, (SB 21-131), ch. 2299, p. 2299, § 3, effective June 25.
Subsection (3.7)(c)(II) provided for the repeal of subsection (3.7)(c), effective July 1, 2000. (See L. 99, p. 1239.)
(1) For public records and the inspection, copying, or photographing thereof, see part 2 of article 72 of title 24 . (2) For the legislative declaration contained in the 1997 act amending this section, see section 1 of chapter 201, Session Laws of Colorado 1997.