First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0156.01 Sarah Lozano x3858 SENATE BILL 25-038 Senate Committees House Committees Agriculture & Natural Resources A BILL FOR AN ACT C ONCERNING PROTECTION OF TH E PERSONAL INFORMATION OF101 PERSONS IMPACTED BY WILDLIFE DAMAGE .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/ .) Water Resources and Agriculture Review Committee. Under current law, a person may file a claim with the division of parks and wildlife (division) for compensation for damages to property caused by wildlife, and the division must review and investigate that claim (claim procedures). The bill changes current law by requiring that the personal information of a claimant received by the division through the claim SENATE SPONSORSHIP Roberts, Bridges, Marchman, Pelton B., Simpson HOUSE SPONSORSHIP McCluskie, Martinez, McCormick 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. procedures and proactive nonlethal measures is kept confidential and not disclosed pursuant to the "Colorado Open Records Act". 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) Proposition 114, the ballot measure enacted in 2020 that4 authorized the process to introduce gray wolves in Colorado, explicitly5 required the state to fairly compensate owners for losses of livestock6 caused by gray wolves in addition to losses of livestock caused by other7 wildlife;8 (b) To fulfill this obligation, the general assembly passed and the9 governor signed into law Senate Bill 23-255, enacted in 2023, which,10 along with funding sources that exist for damages resulting from other11 types of wildlife, created a dedicated compensation fund to compensate12 owners for depredation of livestock and working animals by gray wolves;13 (c) Now that gray wolves have been released and are present in14 Colorado, along with depredation by other wildlife, livestock and15 working animals have been killed by wolves, entitling ranchers to16 compensation for the losses; and17 (d) However, ranchers in the state have been reluctant to18 participate in site assessments and file claims for compensation due to the19 fear of their personal information being made public through open20 records requests brought by individuals and organizations with the intent21 of:22 (I) Traveling to the rancher's home or business to view gray23 wolves and other wildlife;24 (II) Contacting the rancher directly; or25 SB25-038-2- (III) Using the rancher's personal information to conduct other1 invasions of the rancher's privacy.2 (2) The general assembly therefore declares that:3 (a) It is the intent of the state through the enactment of Proposition4 114 and Senate Bill 23-255 to prevent future depredations and fairly5 compensate ranchers for their losses; and6 (b) By protecting the personal information of compensation7 claimants, more ranchers will be comfortable submitting depredation8 claims to the division of parks and wildlife and participating in proactive9 nonlethal measures, and the intent of Proposition 114 and Senate Bill10 23-255 will be better fulfilled.11 SECTION 2. In Colorado Revised Statutes, add 33-3-110.5 as12 follows:13 33-3-110.5. Confidentiality of personal information -14 definition. (1) A S USED IN THIS SECTION, "PERSONAL INFORMATION "15 MEANS:16 (a) A CLAIMANT'S:17 (I) N AME;18 (II) P HONE NUMBER;19 (III) H OME ADDRESS;20 (IV) B USINESS ADDRESS;21 (V) P ERSONAL EMAIL ADDRESS; OR22 (VI) B USINESS EMAIL ADDRESS; OR23 (b) A NY OTHER INFORMATION THAT WOULD REVEAL THE IDENTITY24 OF THE CLAIMANT OR THE CLAIMANT 'S BUSINESS.25 (2) T HE PERSONAL INFORMATION OF A CLAIMANT THAT THE26 DIVISION RECEIVES THROUGH THE CLAIM PROCEDURES DESCRIBED IN27 SB25-038 -3- SECTIONS 33-3-107 TO 33-3-110 AND PROACTIVE NONLETHAL MEASURES ,1 INCLUDING SITE ASSESSMENTS CONDUCTED BY STATE OFFICIALS AND2 THIRD PARTIES TO PREVENT FUTURE DEPREDATION , IS CONFIDENTIAL AND3 IS NOT SUBJECT TO DISCLOSURE PURSUANT TO THE "COLORADO OPEN4 R ECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24.5 (3) N OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE6 CONTRARY, ANY CLAIMANT , OR AUTHORIZED DESIGNEE OR7 REPRESENTATIVE OF THE CLAIMANT , THAT REQUESTS RECORDS8 PERTAINING TO THE CLAIMANT 'S OWN CLAIM PURSUANT TO THE9 "C OLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24, IS10 ENTITLED TO RECEIVE THE RECORDS WITHOUT REGARD TO SUBSECTION (2)11 OF THIS SECTION.12 SECTION 3. Act subject to petition - effective date. This act13 takes effect at 12:01 a.m. on the day following the expiration of the14 ninety-day period after final adjournment of the general assembly; except15 that, if a referendum petition is filed pursuant to section 1 (3) of article V16 of the state constitution against this act or an item, section, or part of this17 act within such period, then the act, item, section, or part will not take18 effect unless approved by the people at the general election to be held in19 November 2026 and, in such case, will take effect on the date of the20 official declaration of the vote thereon by the governor.21 SB25-038 -4-