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-