Colorado 2024 2024 Regular Session

Colorado House Bill HB1130 Introduced / Bill

Filed 01/29/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 24-0534.01 Richard Sweetman x4333
HOUSE BILL 24-1130
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING PROTECTING THE PRIVACY OF AN INDIVIDUAL	'S101
BIOMETRIC DATA.102
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill amends the "Colorado Privacy Act" to add protections for
an individual's biometric data by requiring a person that, alone or jointly
with others, determines the purposes for and means of processing
biometric data (controller) to adopt a written policy that:
! Establishes a retention schedule for biometric identifiers;
! Includes a protocol for responding to a breach of security
HOUSE SPONSORSHIP
Daugherty and Lynch,
SENATE SPONSORSHIP
Lundeen and Hansen,
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. of biometric data; and
! Includes guidelines that require the permanent destruction
of a biometric identifier by the earliest of certain dates.
The bill also:
! Prohibits a controller from collecting a biometric identifier
unless the controller first satisfies certain disclosure and
consent requirements;
! Specifies certain prohibited acts and requirements for
controllers that collect and use biometric data;
! Requires a controller to allow a consumer to access and
update a biometric identifier;
! Restricts an employer's permissible reasons for obtaining
an employee's consent for the collection of biometric
identifiers; and
! Authorizes the attorney general to promulgate rules to
implement the bill.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1)  The general assembly2
finds that:3
(a)  Businesses increasingly use biometric identifiers to attempt to4
verify customer identities, streamline transactions, control access to5
secure areas, and maximize revenues;6
(b)  Biometric identifiers are unlike other unique identifiers that7
are used to verify identity or to access finances or other sensitive8
information because, unlike social security numbers, for example,9
biometric identifiers cannot be changed; they are unique to an individual,10
and once an individual's biometric identifiers are compromised, the11
individual has no recourse, is at heightened risk for identity theft, and12
may no longer feel safe participating in biometric-facilitated transactions;13
(c)  The public has grown wary of the use of biometric identifiers14
due to recent data breaches that have exposed many individuals' biometric15
identifiers, leaving those individuals vulnerable to harm; and16
HB24-1130-2- (d)  Biometric identifiers can be collected without an individual's1
knowledge, applied instantaneously to identify the individual in2
circumstances where the individual has an expectation of privacy and3
anonymity, and used to identify and track the individual's movements,4
activities, and associations.5
(2)  The general assembly further finds that:6
(a)  One increasingly prevalent biometric collection and matching7
technology, facial recognition technology, has been shown to have higher8
rates of misidentification and misclassification when it is used on faces9
of color, of women, of children, of the elderly, and of transgender and10
nonbinary persons; and11
(b)  This misidentification and misclassification has led to12
documented cases of businesses refusing admission or service to13
individuals because facial recognition systems incorrectly "matched" the14
individuals to photos of suspected shoplifters or other individuals who15
had been barred from the premises.16
(3)  Therefore, the general assembly declares that the public17
welfare, security, and safety will be served by regulating the collection,18
use, safeguarding, handling, storage, retention, and destruction of19
biometric identifiers.20
SECTION 2. In Colorado Revised Statutes, add 6-1-1314 as21
follows:22
6-1-1314.  Biometric data and biometric identifiers -23
controllers - duties and requirements - written policy - prohibited24
acts - right to correct biometric identifiers - right to access biometric25
identifiers - remedies and civil actions - definitions. (1)  A
S USED IN26
THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :27
HB24-1130
-3- (a)  "COLLECT", "COLLECTION", OR "COLLECTING" MEANS TO1
ACCESS, ASSEMBLE, BUY, RENT, GATHER, PROCURE, RECEIVE, OR2
OTHERWISE OBTAIN ANY BIOMETRIC DATA PERTAINING TO A CONSUMER BY3
ANY MEANS, ONLINE OR OFFLINE, INCLUDING:4
(I)  A
CTIVELY OR PASSIVELY RECEIVING BIOMETRIC DATA FROM5
THE CONSUMER OR FROM A THIRD PARTY ; AND6
(II)  O
BTAINING BIOMETRIC DATA BY OBSERVING THE CONSUMER 'S7
BEHAVIOR.8
(b)  "E
MPLOYEE" MEANS AN INDIVIDUAL WHO IS EMPLOYED9
FULL-TIME, PART-TIME, OR ON-CALL OR WHO IS HIRED AS A CONTRACTOR,10
SUBCONTRACTOR, INTERN, OR FELLOW.11
(2)  Written policy required. (a)  A
 CONTROLLER IN POSSESSION12
OF ONE OR MORE BIOMETRIC IDENTIFIERS SHALL ADOPT A WRITTEN POLICY13
THAT:14
(I)  E
STABLISHES A RETENTION SCHEDULE FOR BIOMETRIC15
IDENTIFIERS;16
(II)  I
NCLUDES A PROTOCOL FOR RESPONDING TO A BREACH OF17
SECURITY OF BIOMETRIC DATA, INCLUDING A PROCESS FOR NOTIFYING A18
CONSUMER WHEN THE SECURITY OF THE CONSUMER 'S BIOMETRIC DATA19
HAS BEEN BREACHED; AND20
(III)  I
NCLUDES GUIDELINES THAT REQUIRE THE PERMANENT21
DESTRUCTION OF A BIOMETRIC IDENTIFIER ON OR BEFORE THE EARLIEST OF22
THE FOLLOWING DATES:23
(A)  T
HE DATE UPON WHICH THE INITIAL PURPOSE FOR COLLECTING24
THE BIOMETRIC IDENTIFIER HAS BEEN SATISFIED;25
(B)  O
NE YEAR AFTER THE CONSUMER INTERACTED WITH THE26
CONTROLLER; OR27
HB24-1130
-4- (C)  NO MORE THAN THIRTY DAYS AFTER RECEIVING A VERIFIED1
REQUEST TO DELETE THE BIOMETRIC IDENTIFIER .2
(b)  A
 CONTROLLER SHALL COMPLY WITH ITS POLICY ADOPTED3
PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION UNLESS OTHERWISE4
DIRECTED BY:5
(I)  A
 WARRANT ISSUED BY A COURT OF COMPETENT JURISDICTION6
FOR A SPECIFIC CONSUMER OR CONTROLLER UNDER INVESTIGATION OR7
FORMALLY CHARGED WITH A CRIME ; OR8
(II)  A
 COMPULSORY REQUEST OR DEMAND ISSUED BY A STATE9
AGENCY OR A DISTRICT ATTORNEY PURSUANT TO AN INVESTIGATION OF A10
VIOLATION OF THIS PART 13.11
(c)  A
 CONTROLLER SHALL MAKE ITS POLICY ADOPTED PURSUANT12
TO SUBSECTION (2)(a) OF THIS SECTION AVAILABLE TO THE PUBLIC ;13
EXCEPT THAT A CONTROLLER IS NOT REQUIRED TO MAKE AVAILABLE TO14
THE PUBLIC A WRITTEN POLICY THAT:15
(I)  A
PPLIES ONLY TO CURRENT EMPLOYEES OF THE CONTROLLER ;16
AND17
(II)  I
S USED SOLELY BY EMPLOYEES AND AGENTS OF THE18
CONTROLLER FOR THE OPERATION OF THE CONTROLLER .19
(3)  Collection and retention of biometric identifiers -20
requirements - prohibited acts. (a)  A
 CONTROLLER SHALL NOT COLLECT21
OR PROCESS A BIOMETRIC IDENTIFIER OF A CONSUMER UNLESS THE22
CONTROLLER FIRST:23
(I)  S
ATISFIES ALL DUTIES REQUIRED BY SECTION 6-1-1308;24
(II)  I
NFORMS THE CONSUMER OR THE CONSUMER 'S LEGALLY25
AUTHORIZED REPRESENTATIVE IN WRITING THAT A BIOMETRIC IDENTIFIER26
IS BEING COLLECTED;27
HB24-1130
-5- (III)  INFORMS THE CONSUMER OR THE CONSUMER 'S LEGALLY1
AUTHORIZED REPRESENTATIVE IN WRITING OF THE SPECIFIC PURPOSE FOR2
WHICH A BIOMETRIC IDENTIFIER IS BEING COLLECTED AND THE LENGTH OF3
TIME THAT THE CONTROLLER WILL RETAIN THE BIOMETRIC IDENTIFIER ;4
(IV)  I
NFORMS THE CONSUMER OR THE CONSUMER 'S LEGALLY5
AUTHORIZED REPRESENTATIVE IN WRITING OF THE BUSINESS NAME OF ANY6
PROCESSOR TO WHICH THE BIOMETRIC IDENTIFIER WILL BE DISCLOSED ,7
REDISCLOSED, OR OTHERWISE DISSEMINATED; THE SPECIFIC PURPOSE FOR8
WHICH THE BIOMETRIC IDENTIFIER IS BEING SHARED WITH A PROCESSOR ;9
AND THE LENGTH OF TIME THAT A PROCESSOR WILL RETAIN THE BIOMETRIC10
IDENTIFIER; AND11
(V)  O
BTAINS THE CONSUMER'S CONSENT OR, IN THE CASE OF THE12
BIOMETRIC IDENTIFIER OF A KNOWN CHILD, OBTAINS CONSENT FROM THE13
CHILD'S PARENT OR LAWFUL GUARDIAN , AS REQUIRED BY SECTION14
6-1-1308
 (7).15
(b)  A
 PROCESSOR SHALL SATISFY ALL THE DUTIES DESCRIBED IN16
THIS SUBSECTION (3); EXCEPT THAT A PROCESSOR IS NOT REQUIRED TO17
OBTAIN CONSENT DIRECTLY FROM A CONSUMER OR THE CONSUMER 'S18
LEGALLY AUTHORIZED REPRESENTATIVE IF THE CONTROLLER HAS19
ACQUIRED SUCH CONSENT AND HAS DISCLOSED TO THE CONSUMER OR THE20
CONSUMER'S LEGALLY AUTHORIZED REPRESENTATIVE THE INFORMATION21
DESCRIBED IN SUBSECTIONS (3)(a)(II) AND (3)(a)(III) OF THIS SECTION.22
(c)  A
 CONTROLLER THAT COLLECTS A CONSUMER 'S BIOMETRIC23
IDENTIFIER SHALL NOT:24
(I)  S
ELL, LEASE, OR TRADE THE BIOMETRIC IDENTIFIER WITH ANY25
ENTITY;26
(II)  P
ERMIT ANY ENTITY TO WHICH THE BIOMETRIC IDENTIFIER IS27
HB24-1130
-6- TRANSFERRED TO SELL, LEASE, OR TRADE THE BIOMETRIC IDENTIFIER; OR1
(III)  D
ISCLOSE, REDISCLOSE, OR OTHERWISE DISSEMINATE THE2
BIOMETRIC IDENTIFIER UNLESS:3
(A)  T
HE CONSUMER OR THE CONSUMER 'S LEGALLY AUTHORIZED4
REPRESENTATIVE CONSENTS TO THE DISCLOSURE , REDISCLOSURE, OR5
OTHER DISSEMINATION;6
(B)  T
HE DISCLOSURE, REDISCLOSURE, OR OTHER DISSEMINATION7
IS REQUESTED OR AUTHORIZED BY THE CONSUMER OR THE CONSUMER 'S8
LEGALLY AUTHORIZED REPRESENTATIVE FOR THE PURPOSE OF9
COMPLETING A FINANCIAL TRANSACTION ;10
(C)  T
HE DISCLOSURE, REDISCLOSURE, OR OTHER DISSEMINATION11
IS REQUESTED OR AUTHORIZED BY THE CONSUMER OR THE CONSUMER 'S12
LEGALLY AUTHORIZED REPRESENTATIVE FOR THE PURPOSE OF PROCESSING13
BY AN EXTERNAL PARTY , WHICH PROCESSING IS NECESSARY FOR THE14
PURPOSE FOR WHICH THE BIOMETRIC IDENTIFIER WAS COLLECTED ;15
(D)  T
HE DISCLOSURE, REDISCLOSURE, OR OTHER DISSEMINATION16
IS REQUIRED BY STATE OR FEDERAL LAW ; OR17
(E)  T
HE DISCLOSURE, REDISCLOSURE, OR OTHER DISSEMINATION18
IS REQUIRED PURSUANT TO A WARRANT ISSUED BY A COURT OF19
COMPETENT JURISDICTION FOR A CONSUMER OR CONTROLLER UNDER20
INVESTIGATION OR FORMALLY CHARGED WITH A CRIME OR PURSUANT TO21
A COMPULSORY REQUEST OR DEMAND ISSUED BY A STATE AGENCY OR A22
DISTRICT ATTORNEY PURSUANT TO AN INVESTIGATION OF A VIOLATION OF23
THIS PART 13.24
(d)  A
 CONTROLLER SHALL NOT:25
(I)  R
EFUSE TO PROVIDE A GOOD OR SERVICE TO A CONSUMER26
UNLESS THE CONSUMER CONSENTS TO ALLOW THE CONTROLLER TO27
HB24-1130
-7- COLLECT, USE, DISCLOSE, TRANSFER, SELL, RETAIN, OR PROCESS A1
BIOMETRIC IDENTIFIER UNLESS THE COLLECTION , USE, DISCLOSURE,2
TRANSFER, SALE, RETENTION, OR PROCESSING OF THE BIOMETRIC3
IDENTIFIER IS NECESSARY TO PROVIDE THE GOOD OR SERVICE ; OR4
(II)  C
HARGE A DIFFERENT PRICE OR RATE FOR A GOOD OR SERVICE5
OR PROVIDE A DIFFERENT LEVEL OF QUALITY OF A GOOD OR SERVICE TO6
ANY CONSUMER WHO EXERCISES THE CONSUMER 'S RIGHTS UNDER THIS7
PART 13.8
(e)  A
 CONTROLLER SHALL STORE, TRANSMIT, AND PROTECT FROM9
DISCLOSURE ALL BIOMETRIC DATA USING THE REASONABLE STANDARD OF10
CARE WITHIN THE CONTROLLER 'S INDUSTRY. IF NO SUCH STANDARD11
EXISTS, A CONTROLLER SHALL STORE , TRANSMIT, AND PROTECT FROM12
DISCLOSURE ALL BIOMETRIC DATA IN A MANNER THAT IS EQUAL TO OR13
MORE PROTECTIVE THAN THE MANNER IN WHICH THE CONTROLLER14
STORES, TRANSMITS, AND PROTECTS OTHER CONFIDENTIAL INFORMATION .15
(4)  Right to update biometric identifiers. A
T THE REQUEST OF16
A CONSUMER OR A CONSUMER 'S LEGALLY AUTHORIZED REPRESENTATIVE ,17
A CONTROLLER THAT COLLECTS THE CONSUMER 'S BIOMETRIC IDENTIFIER18
SHALL UPDATE THE BIOMETRIC IDENTIFIER AS REQUESTED BY THE19
CONSUMER. THE CONTROLLER SHALL COMPLETE THE UPDATE AND DELETE20
ANY REPLACED DATA WITHIN SIXTY DAYS AFTER RECEIVING THE REQUEST	.21
(5)  Right to access biometric identifiers - applicability -22
definitions. (a)  E
XCEPT AS DESCRIBED IN SUBSECTION (5)(b) OF THIS23
SECTION, AT THE REQUEST OF A CONSUMER OR A CONSUMER 'S LEGALLY24
AUTHORIZED REPRESENTATIVE , A CONTROLLER THAT COLLECTS THE25
CONSUMER'S BIOMETRIC IDENTIFIER SHALL DISCLOSE TO THE CONSUMER ,26
FREE OF CHARGE, THE CONSUMER'S BIOMETRIC IDENTIFIER AND THE27
HB24-1130
-8- FOLLOWING INFORMATION :1
(I)  T
HE SOURCE FROM WHICH THE CONTROLLER COLLECTED THE2
BIOMETRIC IDENTIFIER;3
(II)  T
HE PURPOSE FOR WHICH THE CONTROLLER USED THE4
BIOMETRIC IDENTIFIER AND ANY ASSOCIATED PERSONAL DATA ;5
(III)  T
HE IDENTITY OF ANY THIRD PARTY WITH WHICH THE6
CONTROLLER SHARED OR SHARES THE BIOMETRIC IDENTIFIER AND THE7
PURPOSES FOR SHARING; AND8
(IV)  T
HE CATEGORY OR A DESCRIPTION OF THE SPECIFIC9
BIOMETRIC IDENTIFIERS THAT THE CONTROLLER DISCLOSES TO THIRD10
PARTIES.11
(b)  T
HE REQUIREMENTS OF SUBSECTION (5)(a) OF THIS SECTION12
APPLY ONLY TO:13
(I)  A
 SOLE PROPRIETORSHIP, A PARTNERSHIP, A LIMITED LIABILITY14
COMPANY, A CORPORATION, AN ASSOCIATION, OR ANOTHER LEGAL ENTITY15
THAT:16
(A)  C
ONDUCTS BUSINESS IN COLORADO OR PRODUCES OR17
DELIVERS COMMERCIAL PRODUCTS OR SERVICES THAT ARE MARKETED TO18
C
OLORADO RESIDENTS;19
(B)  C
OLLECTS BIOMETRIC IDENTIFIERS OR HAS BIOMETRIC20
IDENTIFIERS COLLECTED ON ITS BEHALF; AND21
(C)  E
ITHER COLLECTS OR PROCESSES THE PERSONAL DATA OF ONE22
HUNDRED THOUSAND INDIVIDUALS OR MORE DURING A CALENDAR YEAR23
OR COLLECTS AND PROCESSES THE PERSONAL DATA OF TWENTY -FIVE24
THOUSAND INDIVIDUALS OR MORE AND DERIVES REVENUE FROM , OR25
RECEIVES A DISCOUNT ON THE PRICE OF GOODS OR SERVICES FROM , THE26
SALE OF PERSONAL DATA;27
HB24-1130
-9- (II)  A CONTROLLER THAT CONTROLS OR IS CONTROLLED BY1
ANOTHER CONTROLLER AND THAT SHARES COMMON BRANDING WITH THE2
OTHER CONTROLLER. AS USED IN THIS SUBSECTION (5)(b)(II):3
(A)  "C
OMMON BRANDING " MEANS A SHARED NAME , SERVICE4
MARK, OR TRADEMARK THAT A CONSUMER WOULD REASONABLY5
UNDERSTAND TO INDICATE THAT TWO OR MORE ENTITIES ARE COMMONLY6
OWNED.7
(B)  "C
ONTROL" MEANS THE OWNERSHIP OF , CONTROL OF, OR8
POWER TO VOTE MORE THAN TWENTY -FIVE PERCENT OR MORE OF THE9
OUTSTANDING SHARES OF ANY CLASS OF VOTING SECURITY OF A10
CONTROLLER; CONTROL IN ANY MANNER OVER THE ELECTION OF A11
MAJORITY OF THE DIRECTORS OF A CONTROLLER OR OF INDIVIDUALS12
EXERCISING SIMILAR FUNCTIONS; OR THE POWER TO EXERCISE, DIRECTLY13
OR INDIRECTLY, A CONTROLLING INFLUENCE OVER THE MANAGEMENT OF14
A CONTROLLER.15
(III)  A
 JOINT VENTURE OR PARTNERSHIP CONSISTING OF NO MORE16
THAN TWO BUSINESSES THAT SHARE CONSUMERS ' PERSONAL DATA WITH17
EACH OTHER.18
(6)  Use of consent by employers. A
N EMPLOYER MAY REQUIRE19
AS A CONDITION OF EMPLOYMENT THAT AN EMPLOYEE OR A PROSPECTIVE20
EMPLOYEE CONSENT TO ALLOWING THE EMPLOYER TO COLLECT AND USE21
THE EMPLOYEE'S OR THE PROSPECTIVE EMPLOYEE'S BIOMETRIC IDENTIFIER22
ONLY TO:23
(a)  P
ERMIT ACCESS TO SECURE PHYSICAL LOCATIONS AND SECURE24
ELECTRONIC HARDWARE AND SOFTWARE APPLICATIONS ; EXCEPT THAT AN25
EMPLOYER SHALL NOT OBTAIN THE EMPLOYEE 'S OR PROSPECTIVE26
EMPLOYEE'S CONSENT TO RETAIN BIOMETRIC DATA THAT IS USED FOR27
HB24-1130
-10- CURRENT EMPLOYEE LOCATION TRACKING OR THE TRACKING OF HOW1
MUCH TIME THE EMPLOYEE SPENDS USING A HARDWARE OR SOFTWARE2
APPLICATION; OR3
(b)  R
ECORD THE COMMENCEMENT AND CONCLUSION OF THE4
EMPLOYEE'S FULL WORK DAY, INCLUDING MEAL BREAKS AND REST BREAKS5
IN EXCESS OF THIRTY MINUTES.6
(7)  Rules. T
HE DEPARTMENT OF LAW MAY PROMULGATE RULES7
FOR THE IMPLEMENTATION OF THIS SECTION , INCLUDING RULES8
PROMULGATED IN CONSULTATION WITH THE OFFICE OF INFORMATION9
TECHNOLOGY AND THE DEPARTMENT OF REGULATORY AGENCIES10
ESTABLISHING APPROPRIATE SECURITY STANDARDS FOR BIOMETRIC DATA11
THAT ARE MORE STRINGENT THAN THE REQUIREMENTS DESCRIBED IN THIS12
SECTION.13
SECTION 3. In Colorado Revised Statutes, 6-1-1303, add (2.2)14
and (2.4) as follows:15
6-1-1303.  Definitions. As used in this part 13, unless the context16
otherwise requires:17
(2.2)  "B
IOMETRIC DATA" MEANS ONE OR MORE BIOMETRIC18
IDENTIFIERS THAT ARE USED OR INTENDED TO BE USED , SINGLY OR IN19
COMBINATION WITH EACH OTHER OR WITH OTHER PERSONAL DATA , FOR20
IDENTIFICATION PURPOSES.21
(2.4)  "B
IOMETRIC IDENTIFIER" MEANS DATA GENERATED BY THE22
TECHNOLOGICAL PROCESSING , MEASUREMENT, OR ANALYSIS OF A23
CONSUMER'S BIOLOGICAL, PHYSICAL, OR BEHAVIORAL CHARACTERISTICS,24
WHICH DATA CAN BE PROCESSED FOR THE PURPOSE OF UNIQUELY25
IDENTIFYING AN INDIVIDUAL. "BIOMETRIC IDENTIFIER" INCLUDES:26
(a)  A
 FINGERPRINT;27
HB24-1130
-11- (b)  A VOICEPRINT;1
(c)  A
 SCAN OR RECORD OF AN EYE RETINA OR IRIS;2
(d)  A
 FACIAL MAP, FACIAL GEOMETRY, OR FACIAL TEMPLATE; AND3
(e)  O
THER UNIQUE BIOLOGICAL, PHYSIOLOGICAL, OR BEHAVIORAL4
PATTERNS OR CHARACTERISTICS .5
SECTION 4. In Colorado Revised Statutes, 6-1-1304, amend (1);6
and add (6) as follows:7
6-1-1304.  Applicability of part. (1)  Except as specified in8
subsection (2) of this section, this part 13 applies to a controller that:9
(a) (I)  Conducts business in Colorado or produces or delivers10
commercial products or services that are intentionally targeted to11
residents of Colorado; and12
(b)
 (II)  Satisfies one or both of the following thresholds:13
(I) (A)  Controls or processes the personal data of one hundred14
thousand consumers or more during a calendar year; or15
(II) (B)  Derives revenue or receives a discount on the price of16
goods or services from the sale of personal data and processes or controls17
the personal data of twenty-five thousand consumers or more; 
OR18
(b)  C
ONTROLS OR PROCESSES ANY AMOUNT OF BIOMETRIC DATA19
REGARDLESS OF THE AMOUNT OF BIOMETRIC DATA CONTROLLED OR20
PROCESSED ANNUALLY.21
(6)  N
OTHING IN THIS PART 13 SHALL BE CONSTRUED TO IMPACT22
THE ADMISSION OR DISCOVERY OF A BIOMETRIC IDENTIFIER IN ANY ACTION23
OF ANY KIND IN ANY COURT OR BEFORE ANY TRIBUNAL , BOARD, OR24
AGENCY.25
SECTION 5. Act subject to petition - effective date -26
applicability. (1)  This act takes effect July 1, 2025; except that, if a27
HB24-1130
-12- referendum petition is filed pursuant to section 1 (3) of article V of the1
state constitution against this act or an item, section, or part of this act2
within the ninety-day period after final adjournment of the general3
assembly, then the act, item, section, or part will not take effect unless4
approved by the people at the general election to be held in November5
2024 and, in such case, will take effect July 1, 2025, or on the date of the6
official declaration of the vote thereon by the governor, whichever is7
later.8
(2)  This act applies to the collection, retention, and use of9
biometric identifiers on and after the applicable effective date of this act.10
HB24-1130
-13-