Colorado 2025 2025 Regular Session

Colorado Senate Bill SB038 Introduced / Bill

Filed 01/08/2025

                    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-