Colorado 2025 Regular Session

Colorado House Bill HB1195 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0490.02 Nicole Myers x4326
8	8		HOUSE BILL 25-1195
9	9		House Committees Senate Committees
10	10		State, Civic, Military, & Veterans Affairs
11	11		Appropriations
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING THE ABILITY OF A FIRS T RESPONDER OR THE SPOUSE OF101
15	15		A FIRST RESPONDER TO REQUEST THAT THE ADDRESS IN THEIR102
16	16		VOTER REGISTRATION RECORDS MAINTAINED BY THE COUNTY103
17	17		CLERK AND RECORDER OR THE SECRETARY OF STATE BE KEPT104
18	18		CONFIDENTIAL.105
19	19		Bill Summary
20	20		(Note: This summary applies to this bill as introduced and does
21	21		not reflect any amendments that may be subsequently adopted. If this bill
22	22		passes third reading in the house of introduction, a bill summary that
23	23		applies to the reengrossed version of this bill will be available at
24	24		http://leg.colorado.gov
25	25		.)
26	26		Beginning January 1, 2026, an elector or the spouse of an elector
27	27		who is or has been a peace officer, firefighter, volunteer firefighter,
28	28		HOUSE
29		-	3rd Reading Unamended
30		-	April 11, 2025
31		-	HOUSE
32	29		Amended 2nd Reading
33	30		April 7, 2025
34	31		HOUSE SPONSORSHIP
35		-	Johnson and Martinez, Bradfield, Armagost, Bacon, Bird, Boesenecker, Brown, Caldwell,
36		-	Clifford, Duran, Jackson, Lieder, McCluskie, Phillips, Smith, Titone, Valdez
	32	+	Johnson and Martinez, Bradfield
37	33		SENATE SPONSORSHIP
38	34		Mullica and Baisley,
39	35		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
40	36		Capital letters or bold & italic numbers indicate new material to be added to existing law.
41	37		Dashes through the words or numbers indicate deletions from existing law. emergency medical service provider, or other individual who responds to
42	38		a public safety emergency (first responder) may request that the address
43	39		included in the following records concerning the first responder be kept
44	40		confidential (address confidentiality):
45	41		! Voter registration records in the custody of a county clerk
46	42		and recorder; and
47	43		! Voter registration records in the centralized statewide
48	44		registration system maintained by the secretary of state
49	45		(secretary).
50	46		A first responder may request address confidentiality on the
51	47		electronic voter registration form or record created by the secretary. The
52	48		secretary is required to ensure that the electronic voter registration form
53	49		and an elector's voter registration record includes a place for a first
54	50		responder to indicate that they are a first responder and request address
55	51		confidentiality. The secretary is also required to ensure that when a first
56	52		responder indicates on their voter registration form or record that they are
57	53		requesting address confidentiality, the first responder is automatically
58	54		directed to an electronic application form that requests certain
59	55		information to allow the secretary to implement the address
60	56		confidentiality request.
61	57		The secretary is required to provide a copy of each completed
62	58		application to the clerk and recorder of the county where the first
63	59		responder is registered to vote for the purpose of implementing address
64	60		confidentiality for the records maintained by the county clerk and
65	61		recorder.
66	62		The secretary is prohibited from charging a fee in connection with
67	63		a first responder's request for address confidentiality.
68	64		The custodian of any voter registration records that concern a first
69	65		responder who has requested address confidentiality is required to deny
70	66		the right of inspection of the first responder's address contained in the
71	67		records on the ground that disclosure would be contrary to the public
72	68		interest.
73	69		A first responder's request for address confidentiality is not a
74	70		public record subject to public inspection.
75	71		Be it enacted by the General Assembly of the State of Colorado:1
76	72		SECTION 1. In Colorado Revised Statutes, 24-72-204, amend2
77	73		(3.5)(a), (3.5)(b), (3.5)(c) introductory portion, and (3.5)(e); and add3
78	74		(3.5)(h) as follows:4
79	75		24-72-204. Allowance or denial of inspection - grounds -5
80	76		1195-2- procedure - appeal - definitions - repeal. (3.5) (a) Effective January 1,1
81	77		1992, Any individual who meets the requirements of this subsection (3.5)2
82	78		may request that the address of such individual THEIR ADDRESS included3
83	79		in any public records concerning that individual which THEM THAT are4
84	80		required to be made, maintained, or kept pursuant to the following5
85	81		sections SECTIONS 1-2-227, 1-2-301, OR 24-6-202 be kept confidential.6
86	82		(I) Sections 1-2-227 and 1-2-301, C.R.S.;7
87	83		(II) (Deleted by amendment, L. 2000, p. 1337, § 1, effective May8
88	84		30, 2000.)9
89	85		(III) Section 24-6-202.10
90	86		(b) (I) An individual may make the request of confidentiality11
91	87		allowed by this subsection (3.5) if such THE individual IS A FIRST12
92	88		RESPONDER OR IF THE INDIVIDUAL has reason to believe that such THE13
93	89		individual, or any member of such THE individual's immediate family who14
94	90		resides in the same household as such THE individual, will be exposed to15
95	91		criminal harassment as prohibited in section 18-9-111, C.R.S., or16
96	92		otherwise be in danger of bodily harm, if such THE individual's address17
97	93		is not kept confidential in accordance with this subsection (3.5).18
98	94		(II) A request of confidentiality with respect to records described19
99	95		in subparagraph (I) of paragraph (a) of this subsection (3.5) shall be made20
100	96		in person in the office of AN INDIVIDUAL MUST MAKE THE REQUEST FOR21
101	97		CONFIDENTIALITY ALLOWED BY SUBSECTION (3.5)(a) OF THIS SECTION TO22
102	98		the county clerk and recorder of the county where the individual making23
103	99		the request resides. Requests shall be made on application forms24
104	100		approved by the secretary of state, after consultation with county clerk25
105	101		and recorders THE SECRETARY OF STATE SHALL APPROVE THE26
106	102		APPLICATION FORM FOR A REQUEST FOR CONFIDENTIALITY. The27
107	103		1195
108	104		-3- application form shall provide space for the applicant to provide his or1
109	105		her THEIR name and address, date of birth, and any other identifying2
110	106		information determined by the secretary of state to be necessary to carry3
111	107		out the provisions of this subsection (3.5). In addition, an affirmation4
112	108		shall MUST be printed on the form, in the area immediately above a line5
113	109		for the applicant's signature and the date, stating the following: "I swear6
114	110		or affirm, under penalty of perjury, that I have reason to believe that I, or7
115	111		a member of my immediate family who resides in my household, will be8
116	112		exposed to criminal harassment, or otherwise be in danger of bodily harm,9
117	113		if my address is not kept confidential OR THAT I AM OR HAVE BEEN A FIRST10
118	114		RESPONDER OR AM OR HAVE BEEN THE SPOUSE OR CIVIL UNION PARTNER11
119	115		OF A FIRST RESPONDER AND AM ELIGIBLE TO HAVE MY ADDRESS KEPT12
120	116		CONFIDENTIAL PURSUANT TO SECTION 24-72-204 (3.5)." Immediately13
121	117		below the signature line, there shall MUST be printed a notice, in a type14
122	118		that is larger than the other information contained on the form, that the15
123	119		applicant may be prosecuted for perjury in the second degree under16
124	120		section 18-8-503 C.R.S., if the applicant signs such THE affirmation and17
125	121		does not believe such THE affirmation to be true OR IS NOT OR HAS NOT18
126	122		BEEN A FIRST RESPONDER OR THE SPOUSE OR CIVIL UNION PARTNER OF A19
127	123		FIRST RESPONDER.20
128	124		(III) The county clerk and recorder of each county shall provide21
129	125		an opportunity for any individual to make the request of confidentiality22
130	126		allowed by this subsection (3.5) in person at the time such individual23
131	127		makes application to the county clerk and recorder to register to vote or24
132	128		to make any change in such individual's registration, and at any other time25
133	129		during normal business hours of the office of the county clerk and26
134	130		recorder. The county clerk and recorder shall forward a copy of each27
135	131		1195
136	132		-4- completed application to the secretary of state for purposes of the records1
137	133		maintained by him or her pursuant to subparagraph (I) of paragraph (a)2
138	134		of this subsection (3.5). The county clerk and recorder shall collect a3
139	135		processing fee in the amount of five dollars of which amount two dollars4
140	136		and fifty cents shall be transmitted to the secretary of state for the purpose5
141	137		of offsetting the secretary of state's costs of processing applications6
142	138		forwarded to the secretary of state pursuant to this subparagraph (III). All7
143	139		processing fees received by the secretary of state pursuant to this8
144	140		subparagraph (III) shall be transmitted to the state treasurer, who shall9
145	141		credit the same to the department of state cash fund EACH COUNTY CLERK10
146	142		AND RECORDER SHALL:11
147	143		(A) MAKE THE CONFIDENTIALITY REQUEST APPLICATION FORMS12
148	144		AVAILABLE IN THEIR OFFICE;13
149	145		(B) PROVIDE THE CONFIDENTIALITY REQUEST APPLICATION FORMS14
150	146		TO INTERESTED PERSONS BY UNITED STATES MAIL, EMAIL DELIVERY, OR15
151	147		FACSIMILE TRANSMISSION, IF REQUESTED;16
152	148		(C) PERMIT INDIVIDUALS TO SUBMIT COMPLETED AND SIGNED17
153	149		CONFIDENTIALITY REQUEST APPLICATION FORMS BY UNITED STATES MAIL,18
154	150		PERSONAL DELIVERY, EMAIL DELIVERY, OR FACSIMILE TRANSMISSION; AND19
155	151		(D) PROCESS AN INDIVIDUAL'S REQUEST FOR CONFIDENTIALITY20
156	152		PURSUANT TO THIS SUBSECTION (3.5) WITHOUT IMPOSING A PROCESSING21
157	153		FEE OR ANY OTHER CHARGE.22
158	154		(IV) The secretary of state shall provide an opportunity for any23
159	155		individual to make the request of confidentiality allowed by paragraph (a)24
160	156		of this subsection (3.5), with respect to the records described in25
161	157		subparagraph (III) of paragraph (a) of this subsection (3.5). The secretary26
162	158		of state may charge a processing fee, not to exceed five dollars, for each27
163	159		1195
164	160		-5- such request. All processing fees collected by the secretary of state1
165	161		pursuant to this subparagraph (IV) or subparagraph (III) of this paragraph2
166	162		(b) shall be transmitted to the state treasurer, who shall credit the same to3
167	163		the department of state cash fund.4
168	164		(V) Notwithstanding the amount specified for any fee in5
169	165		subparagraph (III) or (IV) of this paragraph (b), the secretary of state by6
170	166		rule or as otherwise provided by law may reduce the amount of one or7
171	167		more of the fees credited to the department of state cash fund if necessary8
172	168		pursuant to section 24-75-402 (3), to reduce the uncommitted reserves of9
173	169		the fund to which all or any portion of one or more of the fees is credited.10
174	170		After the uncommitted reserves of the fund are sufficiently reduced, the11
175	171		secretary of state by rule or as otherwise provided by law may increase12
176	172		the amount of one or more of the fees as provided in section 24-75-40213
177	173		(4).14
178	174		(c) The custodian of any records described in subsection (3.5)(a)15
179	175		of this section that concern an individual who has made a request of FOR16
180	176		confidentiality pursuant to this subsection (3.5) and paid any required17
181	177		processing fee shall deny the right of inspection of the individual's18
182	178		address contained in such records on the ground that disclosure would be19
183	179		contrary to the public interest; except that the custodian shall allow the20
184	180		inspection of the records by the individual, by any person authorized in21
185	181		writing by that individual, and by any individual employed by one of the22
186	182		following entities who makes a request to the custodian to inspect the23
187	183		records and who provides evidence satisfactory to the custodian that the24
188	184		inspection is reasonably related to the authorized purpose of the25
189	185		employing entity:26
190	186		(e) No A person shall NOT make any false statement in requesting27
191	187		1195
192	188		-6- any information pursuant to paragraph (a) or (b) of this subsection (3.5)1
193	189		SUBSECTION (3.5)(c) OR (3.5)(d) OF THIS SECTION.2
194	190		(h) AS USED IN THIS SUBSECTION (3.5), UNLESS THE CONTEXT3
195	191		OTHERWISE REQUIRES, "FIRST RESPONDER" MEANS AN ELECTOR, AS4
196	192		DEFINED IN SECTION 1-1-104 (12), WHO IS OR WHO HAS BEEN ONE OF THE5
197	193		FOLLOWING:6
198	194		(I) A PEACE OFFICER, AS DESCRIBED IN SECTION 16-2.5-101;7
199	195		(II) A FIREFIGHTER, AS DEFINED IN SECTION 29-5-203 (10);8
200	196		(III) A VOLUNTEER FIREFIGHTER, AS DEFINED IN SECTION9
201	197		31-30-1102 (9)(a);10
202	198		(IV) AN EMERGENCY MEDICAL SERVICE PROVIDER , AS DEFINED IN11
203	199		SECTION 25-3.5-103 (8);12
204	200		(V) AN EMERGENCY COMMUNICATIONS SPECIALIST , AS DEFINED IN13
205	201		SECTION 29-11-101 (10.5);14
206	202		(VI) THE SPOUSE OR CIVIL UNION PARTNER OF AN INDIVIDUAL15
207	203		SPECIFIED IN SUBSECTION (3.5)(h)(I), (3.5)(h)(II), (3.5)(h)(III),16
208	204		(3.5)(h)(IV), OR (3.5)(h)(V) OF THIS SECTION.17
209	205		SECTION 2. Act subject to petition - effective date. This act18
210	206		takes effect at 12:01 a.m. on the day following the expiration of the19
211	207		ninety-day period after final adjournment of the general assembly; except20
212	208		that, if a referendum petition is filed pursuant to section 1 (3) of article V21
213	209		of the state constitution against this act or an item, section, or part of this22
214	210		act within such period, then the act, item, section, or part will not take23
215	211		effect unless approved by the people at the general election to be held in24
216	212		November 2026 and, in such case, will take effect on the date of the25
217	213		official declaration of the vote thereon by the governor.26
218	214		1195
219	215		-7-