First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 25-0156.01 Jery Payne x2157
SENATE BILL 25-038
Senate Committees House Committees
Agriculture & Natural Resources Agri culture, Water & 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
HOUSE
3rd Reading Unamended
February 28, 2025
HOUSE
2nd Reading Unamended
February 27, 2025
SENATE
3rd Reading Unamended
February 5, 2025
SENATE
Amended 2nd Reading
February 4, 2025
SENATE SPONSORSHIP
Roberts and Catlin, Bridges, Marchman, Pelton B., Simpson, Amabile, Baisley, Bright,
Carson, Coleman, Cutter, Daugherty, Exum, Frizell, Hinrichsen, Jodeh, Kipp, Kirkmeyer,
Kolker, Liston, Lundeen, Michaelson Jenet, Mullica, Pelton R., Rich, Rodriguez, Snyder,
Weissman, Winter F.
HOUSE SPONSORSHIP
McCluskie and Winter T., Martinez, McCormick, Bird, Boesenecker, Bradley, Brown,
Caldwell, Duran, Johnson, Joseph, Keltie, Lieder, Lukens, Mauro, Richardson, Soper, Suckla,
Taggart, Titone, Valdez, Weinberg
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
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 people that make7
compensation claims, more ranchers will be comfortable submitting8
depredation claims to the division of parks and wildlife and participating9
in proactive nonlethal measures, and the intent of Proposition 114 and10
Senate Bill 23-255 will be better fulfilled.11
SECTION 2. In Colorado Revised Statutes, 24-72-204, add12
(3)(a)(XXIV) as follows:13
24-72-204. Allowance or denial of inspection - grounds -14
procedure - appeal - definitions - repeal. (3) (a) The custodian shall15
deny the right of inspection of the following records, unless otherwise16
provided by law; except that the custodian shall make any of the17
following records, other than letters of reference concerning employment,18
licensing, or issuance of permits, available to the person in interest in19
accordance with this subsection (3):20
(XXIV) R
ECORDS THAT ARE NOT SUBJECT TO DISCLOSURE
21
PURSUANT TO SECTION 33-3-110.5.22
SECTION 3. In Colorado Revised Statutes, add 33-3-110.5 as23
follows:24
33-3-110.5. Confidentiality of personal information -25
definition. (1) (a) AS USED IN THIS SECTION, "PERSONAL INFORMATION"26
MEANS:27
038
-3- (I) A PERSON'S:1
(A) NAME;2
(B) PHONE NUMBER;3
(C) HOME ADDRESS;4
(D) BUSINESS ADDRESS;5
(E) PERSONAL EMAIL ADDRESS; OR6
(F) BUSINESS EMAIL ADDRESS; OR7
(II) ANY OTHER INFORMATION THAT WOULD REVEAL THE IDENTITY8
OF THE PERSON OR THE PERSON'S BUSINESS.9
(b) "P
ERSONAL INFORMATION" DOES NOT INCLUDE INFORMATION
10
ABOUT NONLETHAL PREDATOR -LIVESTOCK CONFLICT MINIMIZATION11
MEASURES USED BY OR RECOMMENDED TO A PERSON , OR A SUMMARY OR12
AGGREGATED DATA RELATED TO SUCH INFORMATION , SO LONG AS THE13
INFORMATION OR SUMMARY OR AGGREGATED DATA DOES NOT REVEAL14
THE IDENTITY OF THE PERSON OR THE PERSON 'S BUSINESS.15
(2) T
HE PERSONAL INFORMATION OF A PERSON
THAT THE DIVISION16
RECEIVES THROUGH THE CLAIM PROCEDURES DESCRIBED IN SECTIONS17
33-3-107
TO 33-3-110 AND SITE ASSESSMENTS CONDUCTED BY STATE
18
OFFICIALS AND THIRD PARTIES TO PREVENT FUTURE DEPREDATION AND19
ANY PERSONAL OR OTHERWISE IDENTIFYING INFORMATION ASSOCIATED20
WITH THE USE OF PROACTIVE NONLETHAL PREDATOR -LIVESTOCK CONFLICT21
MINIMIZATION MEASURES IS CONFIDENTIAL AND IS NOT SUBJECT TO22
DISCLOSURE PURSUANT TO THE "COLORADO OPEN RECORDS ACT", PART23
2
OF ARTICLE 72 OF TITLE 24.24
(3) N
OTHING IN THIS SECTION PROHIBITS THE DISCLOSURE OF
25
NONIDENTIFYING INFORMATION REGARDING COUNTY -LEVEL DATA26
HIGHLIGHTING THE NUMBER OR DOLLAR AMOUNT OF CLAIMS MADE TO THE27
038
-4- DIVISION, THE NUMBER OF CLAIMS MADE TO THE DIVISION THAT WERE1
SETTLED AND THE MONETARY AMOUNTS OF THOSE SETTLEMENTS , THE2
NUMBER OF CLAIMS MADE TO THE DIVISION THAT ARE PENDING AT THE3
TIME OF A REQUEST FOR DISCLOSURE, AND THE NUMBER OF CLAIMS MADE4
TO THE DIVISION THAT WERE DENIED AND THE REASONS FOR DENIAL .5
(4) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
6
CONTRARY, IF A PERSON , OR AN AUTHORIZED DESIGNEE OR7
REPRESENTATIVE OF THE PERSON, TAKES ACTIONS OR MAKES STATEMENTS8
THAT LEAD TO THE PERSON 'S PERSONAL INFORMATION BECOMING9
PUBLICLY KNOWN, THE PERSONAL INFORMATION IS NOT CONFIDENTIAL10
AND IS SUBJECT TO DISCLOSURE PURSUANT TO THE "COLORADO OPEN11
R
ECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24.
12
(5) A
PERSON SHALL NOT BRING OR MAINTAIN A PRIVATE ACTION ,
13
AT LAW OR IN EQUITY, CHALLENGING THE DIVISION'S DETERMINATION14
THAT A PERSON, OR AN AUTHORIZED DESIGNEE OR REPRESENTATIVE OF15
THE PERSON, HAS TAKEN ACTIONS OR MADE STATEMENTS THAT LED TO16
THE PERSON'S PERSONAL INFORMATION BECOMING PUBLICLY KNOWN .17
(6) ANY PERSON, OR AUTHORIZED DESIGNEE OR REPRESENTATIVE18
OF THE PERSON, THAT REQUESTS RECORDS PERTAINING TO THE PERSON 'S19
OWN CLAIM PURSUANT TO THE "COLORADO OPEN RECORDS ACT", PART20
2
OF ARTICLE 72 OF TITLE 24, IS ENTITLED TO RECEIVE THE RECORDS21
WITHOUT REGARD TO SUBSECTION (2) OF THIS SECTION.22
SECTION 4.
Act subject to petition - effective date. This act23
takes effect at 12:01 a.m. on the day following the expiration of the24
ninety-day period after final adjournment of the general assembly; except25
that, if a referendum petition is filed pursuant to section 1 (3) of article V26
of the state constitution against this act or an item, section, or part of this27
038
-5- act within such period, then the act, item, section, or part will not take1
effect unless approved by the people at the general election to be held in2
November 2026 and, in such case, will take effect on the date of the3
official declaration of the vote thereon by the governor.4
038
-6-