Colorado 2025 Regular Session

Colorado House Bill HB1195 Latest Draft

Bill / Engrossed Version Filed 04/11/2025

                            First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 25-0490.02 Nicole Myers x4326
HOUSE BILL 25-1195
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE ABILITY OF A FIRS T RESPONDER OR THE SPOUSE OF101
A FIRST RESPONDER TO REQUEST THAT THE ADDRESS IN THEIR102
VOTER REGISTRATION RECORDS MAINTAINED BY THE COUNTY103
CLERK AND RECORDER OR THE SECRETARY OF STATE BE KEPT104
CONFIDENTIAL.105
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
.)
Beginning January 1, 2026, an elector or the spouse of an elector
who is or has been a peace officer, firefighter, volunteer firefighter,
HOUSE
3rd Reading Unamended
April 11, 2025
HOUSE
Amended 2nd Reading
April 7, 2025
HOUSE SPONSORSHIP
Johnson and Martinez, Bradfield, Armagost, Bacon, Bird, Boesenecker, Brown, Caldwell,
Clifford, Duran, Jackson, Lieder, McCluskie, Phillips, Smith, Titone, Valdez
SENATE SPONSORSHIP
Mullica and Baisley,
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. emergency medical service provider, or other individual who responds to
a public safety emergency (first responder) may request that the address
included in the following records concerning the first responder be kept
confidential (address confidentiality):
! Voter registration records in the custody of a county clerk
and recorder; and
! Voter registration records in the centralized statewide
registration system maintained by the secretary of state
(secretary).
A first responder may request address confidentiality on the
electronic voter registration form or record created by the secretary. The
secretary is required to ensure that the electronic voter registration form
and an elector's voter registration record includes a place for a first
responder to indicate that they are a first responder and request address
confidentiality. The secretary is also required to ensure that when a first
responder indicates on their voter registration form or record that they are
requesting address confidentiality, the first responder is automatically
directed to an electronic application form that requests certain
information to allow the secretary to implement the address
confidentiality request.
The secretary is required to provide a copy of each completed
application to the clerk and recorder of the county where the first
responder is registered to vote for the purpose of implementing address
confidentiality for the records maintained by the county clerk and
recorder.
The secretary is prohibited from charging a fee in connection with
a first responder's request for address confidentiality.
The custodian of any voter registration records that concern a first
responder who has requested address confidentiality is required to deny
the right of inspection of the first responder's address contained in the
records on the ground that disclosure would be contrary to the public
interest.
A first responder's request for address confidentiality is not a
public record subject to public inspection.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-72-204, amend2
(3.5)(a), (3.5)(b), (3.5)(c) introductory portion, and (3.5)(e); and add3
(3.5)(h) as follows:4
24-72-204. Allowance or denial of inspection - grounds -5
1195-2- procedure - appeal - definitions - repeal. (3.5) (a) Effective January 1,1
1992, Any individual who meets the requirements of this subsection (3.5)2
may request that the address of such individual THEIR ADDRESS included3
in any public records concerning that individual which THEM THAT are4
required to be made, maintained, or kept pursuant to the following5
sections SECTIONS 1-2-227, 1-2-301, OR 24-6-202 be kept confidential.6
(I)  Sections 1-2-227 and 1-2-301, C.R.S.;7
(II) (Deleted by amendment, L. 2000, p. 1337, ยง 1, effective May8
30, 2000.)9
(III)  Section 24-6-202.10
(b) (I)  An individual may make the request of confidentiality11
allowed by this subsection (3.5) if such THE individual IS A FIRST12
RESPONDER OR IF THE INDIVIDUAL has reason to believe that such THE13
individual, or any member of such THE individual's immediate family who14
resides in the same household as such THE individual, will be exposed to15
criminal harassment as prohibited in section 18-9-111, C.R.S., or16
otherwise be in danger of bodily harm, if such THE individual's address17
is not kept confidential in accordance with this subsection (3.5).18
(II) A request of confidentiality with respect to records described19
in subparagraph (I) of paragraph (a) of this subsection (3.5) shall be made20
in person in the office of AN INDIVIDUAL MUST MAKE THE REQUEST FOR21
CONFIDENTIALITY ALLOWED BY SUBSECTION (3.5)(a) OF THIS SECTION TO22
the county clerk and recorder of the county where the individual making23
the request resides. Requests shall be made on application forms24
approved by the secretary of state, after consultation with county clerk25
and recorders THE SECRETARY OF STATE SHALL APPROVE THE26
APPLICATION FORM FOR A REQUEST FOR CONFIDENTIALITY. The27
1195
-3- application form shall provide space for the applicant to provide his or1
her THEIR name and address, date of birth, and any other identifying2
information determined by the secretary of state to be necessary to carry3
out the provisions of this subsection (3.5). In addition, an affirmation4
shall MUST be printed on the form, in the area immediately above a line5
for the applicant's signature and the date, stating the following: "I swear6
or affirm, under penalty of perjury, that I have reason to believe that I, or7
a member of my immediate family who resides in my household, will be8
exposed to criminal harassment, or otherwise be in danger of bodily harm,9
if my address is not kept confidential OR THAT I AM OR HAVE BEEN A FIRST10
RESPONDER OR AM OR HAVE BEEN THE SPOUSE OR CIVIL UNION PARTNER11
OF A FIRST RESPONDER AND AM ELIGIBLE TO HAVE MY ADDRESS KEPT12
CONFIDENTIAL PURSUANT TO SECTION 24-72-204 (3.5)." Immediately13
below the signature line, there shall MUST be printed a notice, in a type14
that is larger than the other information contained on the form, that the15
applicant may be prosecuted for perjury in the second degree under16
section 18-8-503 C.R.S., if the applicant signs such THE affirmation and17
does not believe such THE affirmation to be true OR IS NOT OR HAS NOT18
BEEN A FIRST RESPONDER OR THE SPOUSE OR CIVIL UNION PARTNER OF A19
FIRST RESPONDER.20
(III) The county clerk and recorder of each county shall provide21
an opportunity for any individual to make the request of confidentiality22
allowed by this subsection (3.5) in person at the time such individual23
makes application to the county clerk and recorder to register to vote or24
to make any change in such individual's registration, and at any other time25
during normal business hours of the office of the county clerk and26
recorder. The county clerk and recorder shall forward a copy of each27
1195
-4- completed application to the secretary of state for purposes of the records1
maintained by him or her pursuant to subparagraph (I) of paragraph (a)2
of this subsection (3.5). The county clerk and recorder shall collect a3
processing fee in the amount of five dollars of which amount two dollars4
and fifty cents shall be transmitted to the secretary of state for the purpose5
of offsetting the secretary of state's costs of processing applications6
forwarded to the secretary of state pursuant to this subparagraph (III). All7
processing fees received by the secretary of state pursuant to this8
subparagraph (III) shall be transmitted to the state treasurer, who shall9
credit the same to the department of state cash fund EACH COUNTY CLERK10
AND RECORDER SHALL:11
(A) MAKE THE CONFIDENTIALITY REQUEST APPLICATION FORMS12
AVAILABLE IN THEIR OFFICE;13
(B) PROVIDE THE CONFIDENTIALITY REQUEST APPLICATION FORMS14
TO INTERESTED PERSONS BY UNITED STATES MAIL, EMAIL DELIVERY, OR15
FACSIMILE TRANSMISSION, IF REQUESTED;16
(C) PERMIT INDIVIDUALS TO SUBMIT COMPLETED AND SIGNED17
CONFIDENTIALITY REQUEST APPLICATION FORMS BY UNITED STATES MAIL,18
PERSONAL DELIVERY, EMAIL DELIVERY, OR FACSIMILE TRANSMISSION; AND19
(D)   PROCESS AN INDIVIDUAL'S REQUEST FOR CONFIDENTIALITY20
PURSUANT TO THIS SUBSECTION (3.5) WITHOUT IMPOSING A PROCESSING21
FEE OR ANY OTHER CHARGE.22
(IV) The secretary of state shall provide an opportunity for any23
individual to make the request of confidentiality allowed by paragraph (a)24
of this subsection (3.5), with respect to the records described in25
subparagraph (III) of paragraph (a) of this subsection (3.5). The secretary26
of state may charge a processing fee, not to exceed five dollars, for each27
1195
-5- such request. All processing fees collected by the secretary of state1
pursuant to this subparagraph (IV) or subparagraph (III) of this paragraph2
(b) shall be transmitted to the state treasurer, who shall credit the same to3
the department of state cash fund.4
(V) Notwithstanding the amount specified for any fee in5
subparagraph (III) or (IV) of this paragraph (b), the secretary of state by6
rule or as otherwise provided by law may reduce the amount of one or7
more of the fees credited to the department of state cash fund if necessary8
pursuant to section 24-75-402 (3), to reduce the uncommitted reserves of9
the fund to which all or any portion of one or more of the fees is credited.10
After the uncommitted reserves of the fund are sufficiently reduced, the11
secretary of state by rule or as otherwise provided by law may increase12
the amount of one or more of the fees as provided in section 24-75-40213
(4).14
(c) The custodian of any records described in subsection (3.5)(a)15
of this section that concern an individual who has made a request of FOR16
confidentiality pursuant to this subsection (3.5) and paid any required17
processing fee shall deny the right of inspection of the individual's18
address contained in such records on the ground that disclosure would be19
contrary to the public interest; except that the custodian shall allow the20
inspection of the records by the individual, by any person authorized in21
writing by that individual, and by any individual employed by one of the22
following entities who makes a request to the custodian to inspect the23
records and who provides evidence satisfactory to the custodian that the24
inspection is reasonably related to the authorized purpose of the25
employing entity:26
(e) No A person shall NOT make any false statement in requesting27
1195
-6- any information pursuant to paragraph (a) or (b) of this subsection (3.5)1
SUBSECTION (3.5)(c) OR (3.5)(d) OF THIS SECTION.2
(h) AS USED IN THIS SUBSECTION (3.5), UNLESS THE CONTEXT3
OTHERWISE REQUIRES, "FIRST RESPONDER" MEANS AN ELECTOR, AS4
DEFINED IN SECTION 1-1-104 (12), WHO IS OR WHO HAS BEEN ONE OF THE5
FOLLOWING:6
(I)  A PEACE OFFICER, AS DESCRIBED IN SECTION 16-2.5-101;7
(II)  A FIREFIGHTER, AS DEFINED IN SECTION 29-5-203 (10);8
(III) A VOLUNTEER FIREFIGHTER, AS DEFINED IN SECTION9
31-30-1102 (9)(a);10
(IV) AN EMERGENCY MEDICAL SERVICE PROVIDER , AS DEFINED IN11
SECTION 25-3.5-103 (8);12
(V) AN EMERGENCY COMMUNICATIONS SPECIALIST , AS DEFINED IN13
SECTION 29-11-101 (10.5);14
(VI) THE SPOUSE OR CIVIL UNION PARTNER OF AN INDIVIDUAL15
SPECIFIED IN SUBSECTION (3.5)(h)(I), (3.5)(h)(II), (3.5)(h)(III),16
(3.5)(h)(IV), OR (3.5)(h)(V) OF THIS SECTION.17
SECTION 2. Act subject to petition - effective date. This act18
takes effect at 12:01 a.m. on the day following the expiration of the19
ninety-day period after final adjournment of the general assembly; except20
that, if a referendum petition is filed pursuant to section 1 (3) of article V21
of the state constitution against this act or an item, section, or part of this22
act within such period, then the act, item, section, or part will not take23
effect unless approved by the people at the general election to be held in24
November 2026 and, in such case, will take effect on the date of the25
official declaration of the vote thereon by the governor.26
1195
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