Colorado 2025 Regular Session

Colorado Senate Bill SB038 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fifth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 25-0156.01 Jery Payne x2157
1	8		SENATE BILL 25-038
2		-	BY SENATOR(S) Roberts and Catlin, Bridges, Marchman, Pelton B.,
3		-	Simpson, Amabile, Baisley, Bright, Carson, Cutter, Daugherty, Exum,
4		-	Frizell, Hinrichsen, Jodeh, Kipp, Kirkmeyer, Kolker, Liston, Lundeen,
5		-	Michaelson Jenet, Mullica, Pelton R., Rich, Rodriguez, Snyder, Weissman,
6		-	Winter F., Coleman;
7		-	also REPRESENTATIVE(S) McCluskie and Winter T., Martinez,
8		-	McCormick, Bird, Boesenecker, Bradley, Brown, Caldwell, Duran,
9		-	Johnson, Joseph, Keltie, Lieder, Lukens, Mauro, Richardson, Soper, Suckla,
10		-	Taggart, Titone, Valdez, Weinberg.
	9	+	Senate Committees House Committees
	10	+	Agriculture & Natural Resources Agri culture, Water & Natural Resources
	11	+	A BILL FOR AN ACT
11	12		C
12		-	ONCERNING PROTECTION OF THE PERSONAL INFORMATION OF PERSONS
13		-	IMPACTED BY WILDLIFE DAMAGE
14		-	.
15		-
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. Legislative declaration. (1) The general assembly
18		-	finds that:
19		-	(a) Proposition 114, the ballot measure enacted in 2020 that
20		-	authorized the process to introduce gray wolves in Colorado, explicitly
21		-	required the state to fairly compensate owners for losses of livestock caused
22		-	by gray wolves in addition to losses of livestock caused by other wildlife;
23		-	________
24		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
25		-	through words or numbers indicate deletions from existing law and such material is not part of
26		-	the act. (b) To fulfill this obligation, the general assembly passed and the
27		-	governor signed into law Senate Bill 23-255, enacted in 2023, which, along
28		-	with funding sources that exist for damages resulting from other types of
29		-	wildlife, created a dedicated compensation fund to compensate owners for
30		-	depredation of livestock and working animals by gray wolves;
31		-	(c) Now that gray wolves have been released and are present in
32		-	Colorado, along with depredation by other wildlife, livestock and working
33		-	animals have been killed by wolves, entitling ranchers to compensation for
34		-	the losses; and
35		-	(d) However, ranchers in the state have been reluctant to participate
36		-	in site assessments and file claims for compensation due to the fear of their
37		-	personal information being made public through open records requests
38		-	brought by individuals and organizations with the intent of:
39		-	(I) Traveling to the rancher's home or business to view gray wolves
40		-	and other wildlife;
41		-	(II) Contacting the rancher directly; or
42		-	(III) Using the rancher's personal information to conduct other
43		-	invasions of the rancher's privacy.
44		-	(2) The general assembly therefore declares that:
45		-	(a) It is the intent of the state through the enactment of Proposition
46		-	114 and Senate Bill 23-255 to prevent future depredations and fairly
47		-	compensate ranchers for their losses; and
48		-	(b) By protecting the personal information of people that make
49		-	compensation claims, more ranchers will be comfortable submitting
50		-	depredation claims to the division of parks and wildlife and participating in
51		-	proactive nonlethal measures, and the intent of Proposition 114 and Senate
52		-	Bill 23-255 will be better fulfilled.
53		-	SECTION 2. In Colorado Revised Statutes, 24-72-204, add
54		-	(3)(a)(XXIV) as follows:
55		-	PAGE 2-SENATE BILL 25-038 24-72-204. Allowance or denial of inspection - grounds -
56		-	procedure - appeal - definitions - repeal. (3) (a) The custodian shall deny
57		-	the right of inspection of the following records, unless otherwise provided
58		-	by law; except that the custodian shall make any of the following records,
59		-	other than letters of reference concerning employment, licensing, or
60		-	issuance of permits, available to the person in interest in accordance with
61		-	this subsection (3):
	13	+	ONCERNING PROTECTION OF TH E PERSONAL INFORMATION OF101
	14	+	PERSONS IMPACTED BY WILDLIFE DAMAGE .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov/
	21	+	.)
	22	+	Water Resources and Agriculture Review Committee. Under
	23	+	current law, a person may file a claim with the division of parks and
	24	+	wildlife (division) for compensation for damages to property caused by
	25	+	wildlife, and the division must review and investigate that claim (claim
	26	+	procedures). The bill changes current law by requiring that the personal
	27	+	information of a claimant received by the division through the claim
	28	+	HOUSE
	29	+	3rd Reading Unamended
	30	+	February 28, 2025
	31	+	HOUSE
	32	+	2nd Reading Unamended
	33	+	February 27, 2025
	34	+	SENATE
	35	+	3rd Reading Unamended
	36	+	February 5, 2025
	37	+	SENATE
	38	+	Amended 2nd Reading
	39	+	February 4, 2025
	40	+	SENATE SPONSORSHIP
	41	+	Roberts and Catlin, Bridges, Marchman, Pelton B., Simpson, Amabile, Baisley, Bright,
	42	+	Carson, Coleman, Cutter, Daugherty, Exum, Frizell, Hinrichsen, Jodeh, Kipp, Kirkmeyer,
	43	+	Kolker, Liston, Lundeen, Michaelson Jenet, Mullica, Pelton R., Rich, Rodriguez, Snyder,
	44	+	Weissman, Winter F.
	45	+	HOUSE SPONSORSHIP
	46	+	McCluskie and Winter T., Martinez, McCormick, Bird, Boesenecker, Bradley, Brown,
	47	+	Caldwell, Duran, Johnson, Joseph, Keltie, Lieder, Lukens, Mauro, Richardson, Soper, Suckla,
	48	+	Taggart, Titone, Valdez, Weinberg
	49	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	50	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	51	+	Dashes through the words or numbers indicate deletions from existing law. procedures and proactive nonlethal measures is kept confidential and not
	52	+	disclosed pursuant to the "Colorado Open Records Act".
	53	+	Be it enacted by the General Assembly of the State of Colorado:1
	54	+	SECTION 1. Legislative declaration. (1) The general assembly2
	55	+	finds that:3
	56	+	(a) Proposition 114, the ballot measure enacted in 2020 that4
	57	+	authorized the process to introduce gray wolves in Colorado, explicitly5
	58	+	required the state to fairly compensate owners for losses of livestock6
	59	+	caused by gray wolves in addition to losses of livestock caused by other7
	60	+	wildlife;8
	61	+	(b) To fulfill this obligation, the general assembly passed and the9
	62	+	governor signed into law Senate Bill 23-255, enacted in 2023, which,10
	63	+	along with funding sources that exist for damages resulting from other11
	64	+	types of wildlife, created a dedicated compensation fund to compensate12
	65	+	owners for depredation of livestock and working animals by gray wolves;13
	66	+	(c) Now that gray wolves have been released and are present in14
	67	+	Colorado, along with depredation by other wildlife, livestock and15
	68	+	working animals have been killed by wolves, entitling ranchers to16
	69	+	compensation for the losses; and17
	70	+	(d) However, ranchers in the state have been reluctant to18
	71	+	participate in site assessments and file claims for compensation due to the19
	72	+	fear of their personal information being made public through open20
	73	+	records requests brought by individuals and organizations with the intent21
	74	+	of:22
	75	+	(I) Traveling to the rancher's home or business to view gray23
	76	+	wolves and other wildlife;24
	77	+	(II) Contacting the rancher directly; or25
	78	+	038-2- (III) Using the rancher's personal information to conduct other1
	79	+	invasions of the rancher's privacy.2
	80	+	(2) The general assembly therefore declares that:3
	81	+	(a) It is the intent of the state through the enactment of Proposition4
	82	+	114 and Senate Bill 23-255 to prevent future depredations and fairly5
	83	+	compensate ranchers for their losses; and6
	84	+	(b) By protecting the personal information of people that make7
	85	+	compensation claims, more ranchers will be comfortable submitting8
	86	+	depredation claims to the division of parks and wildlife and participating9
	87	+	in proactive nonlethal measures, and the intent of Proposition 114 and10
	88	+	Senate Bill 23-255 will be better fulfilled.11
	89	+	SECTION 2. In Colorado Revised Statutes, 24-72-204, add12
	90	+	(3)(a)(XXIV) as follows:13
	91	+	24-72-204. Allowance or denial of inspection - grounds -14
	92	+	procedure - appeal - definitions - repeal. (3) (a) The custodian shall15
	93	+	deny the right of inspection of the following records, unless otherwise16
	94	+	provided by law; except that the custodian shall make any of the17
	95	+	following records, other than letters of reference concerning employment,18
	96	+	licensing, or issuance of permits, available to the person in interest in19
	97	+	accordance with this subsection (3):20
62	98		(XXIV) R
63		-	ECORDS THAT ARE NOT SUBJECT TO DISCLOSURE PURSUANT
64		-	TO SECTION
65		-	33-3-110.5.
66		-	SECTION 3. In Colorado Revised Statutes, add 33-3-110.5 as
67		-	follows:
68		-	33-3-110.5. Confidentiality of personal information - definition.
69		-	(1) (a) A
70		-	S USED IN THIS SECTION, "PERSONAL INFORMATION" MEANS:
71		-	(I) A
72		-	PERSON'S:
73		-	(A) N
74		-	AME;
75		-	(B) P
76		-	HONE NUMBER;
77		-	(C) H
78		-	OME ADDRESS;
79		-	(D) B
80		-	USINESS ADDRESS;
81		-	(E) P
82		-	ERSONAL EMAIL ADDRESS; OR
83		-	(F) BUSINESS EMAIL ADDRESS; OR
84		-	(II) ANY OTHER INFORMATION THAT WOULD REVEAL THE IDENTITY
85		-	OF THE PERSON OR THE PERSON
86		-	'S BUSINESS.
	99	+	ECORDS THAT ARE NOT SUBJECT TO DISCLOSURE
	100	+	21
	101	+	PURSUANT TO SECTION 33-3-110.5.22
	102	+	SECTION 3. In Colorado Revised Statutes, add 33-3-110.5 as23
	103	+	follows:24
	104	+	33-3-110.5. Confidentiality of personal information -25
	105	+	definition. (1) (a) AS USED IN THIS SECTION, "PERSONAL INFORMATION"26
	106	+	MEANS:27
	107	+	038
	108	+	-3- (I) A PERSON'S:1
	109	+	(A) NAME;2
	110	+	(B) PHONE NUMBER;3
	111	+	(C) HOME ADDRESS;4
	112	+	(D) BUSINESS ADDRESS;5
	113	+	(E) PERSONAL EMAIL ADDRESS; OR6
	114	+	(F) BUSINESS EMAIL ADDRESS; OR7
	115	+	(II) ANY OTHER INFORMATION THAT WOULD REVEAL THE IDENTITY8
	116	+	OF THE PERSON OR THE PERSON'S BUSINESS.9
87	117		(b) "P
88	118		ERSONAL INFORMATION" DOES NOT INCLUDE INFORMATION
89		-	~~ABOUT NONLETHAL PREDATOR~~
90		-	-LIVESTOCK CONFLICT ~~MINIMIZATION~~
91		-	MEASURES USED BY OR RECOMMENDED TO A PERSON
92		-	, ~~OR A SUMMARY OR~~
93		-	AGGREGATED DATA ~~RELATED TO SUCH INFORMATION~~
94		-	~~, SO LONG AS~~ THE
95		-	~~INFORMATION OR SUMMARY OR AGGREGATED DATA DOES NOT REVEAL THE~~
96		-	~~IDENTITY~~ OF ~~THE~~ PERSON ~~OR THE PERSON~~
97		-	~~'S BUSINESS.~~
98		-	~~PAGE 3-SENATE BILL 25-038 (2)~~ THE ~~PERSONAL INFORMATION OF A PERSON THAT THE DIVISION~~
99		-	~~RECEIVES THROUGH THE CLAIM PROCEDURES DESCRIBED IN SECTIONS~~
100		-	~~33-3-107~~ TO 33-3-110 AND SITE ASSESSMENTS CONDUCTED BY STATE
101		-	~~OFFICIALS AND THIRD PARTIES TO PREVENT FUTURE DEPREDATION AND ANY~~
102		-	~~PERSONAL OR OTHERWISE IDENTIFYING INFORMATION ASSOCIATED WITH THE~~
103		-	~~USE OF PROACTIVE NONLETHAL PREDATOR~~
104		-	-LIVESTOCK ~~CONFLICT~~
105		-	MINIMIZATION MEASURES IS CONFIDENTIAL AND IS NOT SUBJECT TO
106		-	DISCLOSURE PURSUANT TO THE
107		-	~~"COLORADO OPEN RECORDS ACT", PART~~ 2
108		-	OF ARTICLE 72 OF TITLE 24.
	119	+	10
	120	+	ABOUT NONLETHAL PREDATOR -LIVESTOCK CONFLICT MINIMIZATION11
	121	+	MEASURES USED BY OR RECOMMENDED TO A PERSON , OR A SUMMARY OR12
	122	+	AGGREGATED DATA RELATED TO SUCH INFORMATION , SO LONG AS THE13
	123	+	INFORMATION OR SUMMARY OR AGGREGATED DATA DOES NOT REVEAL14
	124	+	THE IDENTITY OF THE PERSON OR THE PERSON 'S BUSINESS.15
	125	+	(2) T
	126	+	HE PERSONAL INFORMATION OF A PERSON
	127	+	THAT THE DIVISION16
	128	+	RECEIVES THROUGH THE CLAIM PROCEDURES DESCRIBED IN SECTIONS17
	129	+	33-3-107
	130	+	TO 33-3-110 AND SITE ASSESSMENTS CONDUCTED BY STATE
	131	+	18
	132	+	OFFICIALS AND THIRD PARTIES TO PREVENT FUTURE DEPREDATION AND19
	133	+	ANY PERSONAL OR OTHERWISE IDENTIFYING INFORMATION ASSOCIATED20
	134	+	WITH THE USE OF PROACTIVE NONLETHAL PREDATOR -LIVESTOCK CONFLICT21
	135	+	MINIMIZATION MEASURES IS CONFIDENTIAL AND IS NOT SUBJECT TO22
	136	+	DISCLOSURE PURSUANT TO THE "COLORADO OPEN RECORDS ACT", PART23
	137	+	2
	138	+	OF ARTICLE 72 OF TITLE 24.24
109	139		(3) N
110	140		OTHING IN THIS SECTION PROHIBITS THE DISCLOSURE OF
111		-	NONIDENTIFYING INFORMATION REGARDING C OUNTY
112		-	-LEVEL DATA
113		-	HIGHLIGHTING THE NUMBER OR DOLLAR AMOUNT OF CLAIMS MADE TO THE
114		-	DIVISION
115		-	, THE NUMBER OF CLAIMS MADE TO THE DIVISION THAT WERE
116		-	SETTLED AND THE MONETARY AMOUNTS OF THOSE SETTLEMENTS
117		-	, THE
118		-	NUMBER OF CLAIMS MADE TO THE DIVISION THAT ARE PENDING AT THE TIME
119		-	OF A REQUEST FOR DISCLOSURE
120		-	, AND THE NUMBER OF CLAIMS MADE TO THE
121		-	DIVISION THAT WERE DENIED AND THE REASONS FOR DENIAL
122		-	.
	141	+	25
	142	+	NONIDENTIFYING INFORMATION REGARDING COUNTY -LEVEL DATA26
	143	+	HIGHLIGHTING THE NUMBER OR DOLLAR AMOUNT OF CLAIMS MADE TO THE27
	144	+	038
	145	+	-4- DIVISION, THE NUMBER OF CLAIMS MADE TO THE DIVISION THAT WERE1
	146	+	SETTLED AND THE MONETARY AMOUNTS OF THOSE SETTLEMENTS , THE2
	147	+	NUMBER OF CLAIMS MADE TO THE DIVISION THAT ARE PENDING AT THE3
	148	+	TIME OF A REQUEST FOR DISCLOSURE, AND THE NUMBER OF CLAIMS MADE4
	149	+	TO THE DIVISION THAT WERE DENIED AND THE REASONS FOR DENIAL .5
123	150		(4) N
124	151		OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
125		-	CONTRARY
126		-	, IF A PERSON, OR AN AUTHORIZED DESIGNEE OR REPRESENTATIVE
127		-	OF THE PERSON
128		-	, TAKES ACTIONS OR MAKES STATEMENTS THAT LEAD TO THE
129		-	PERSON
130		-	'S PERSONAL INFORMATION BECOMING PUBLICLY KNOWN , THE
131		-	PERSONAL INFORMATION IS NOT CONFIDENTIAL AND IS SUBJECT TO
132		-	DISCLOSURE PURSUANT TO THE
133		-	"COLORADO OPEN RECORDS ACT", PART 2
134		-	OF ARTICLE 72 OF TITLE 24.
	152	+	6
	153	+	CONTRARY, IF A PERSON , OR AN AUTHORIZED DESIGNEE OR7
	154	+	REPRESENTATIVE OF THE PERSON, TAKES ACTIONS OR MAKES STATEMENTS8
	155	+	THAT LEAD TO THE PERSON 'S PERSONAL INFORMATION BECOMING9
	156	+	PUBLICLY KNOWN, THE PERSONAL INFORMATION IS NOT CONFIDENTIAL10
	157	+	AND IS SUBJECT TO DISCLOSURE PURSUANT TO THE "COLORADO OPEN11
	158	+	R
	159	+	ECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24.
	160	+	12
135	161		(5) A
136		-	PERSON SHALL NOT BRING OR MAINTAIN A PRIVATE ACTION , AT
137		-	LAW OR IN EQUITY
138		-	, CHALLENGING THE DIVISION'S DETERMINATION THAT A
139		-	PERSON
140		-	, OR AN AUTHORIZED DESIGNEE OR REPRESENTATIVE OF THE PERSON ,
141		-	HAS TAKEN ACTIONS OR MADE STATEMENTS THAT LED TO THE PERSON 'S
142		-	PERSONAL INFORMATION BECOMING PUBLICLY KNOWN
143		-	.
144		-	(6) A
145		-	NY PERSON, OR AUTHORIZED DESIGNEE OR REPRESENTATIVE OF
146		-	THE PERSON
147		-	, THAT REQUESTS RECORDS PERTAINING TO THE PERSON 'S OWN
148		-	CLAIM PURSUANT TO THE
149		-	"COLORADO OPEN RECORDS ACT", PART 2 OF
150		-	ARTICLE
151		-	72 OF TITLE 24, IS ENTITLED TO RECEIVE THE RECORDS WITHOUT
152		-	REGARD TO SUBSECTION
153		-	(2) OF THIS SECTION.
154		-	SECTION 4. Act subject to petition - effective date. This act
155		-	PAGE 4-SENATE BILL 25-038 takes effect at 12:01 a.m. on the day following the expiration of the
156		-	ninety-day period after final adjournment of the general assembly; except
157		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
158		-	of the state constitution against this act or an item, section, or part of this act
159		-	within such period, then the act, item, section, or part will not take effect
160		-	unless approved by the people at the general election to be held in
161		-	November 2026 and, in such case, will take effect on the date of the official
162		-	declaration of the vote thereon by the governor.
163		-	____________________________ ____________________________
164		-	James Rashad Coleman, Sr. Julie McCluskie
165		-	PRESIDENT OF SPEAKER OF THE HOUSE
166		-	THE SENATE OF REPRESENTATIVES
167		-	____________________________ ____________________________
168		-	Esther van Mourik Vanessa Reilly
169		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
170		-	THE SENATE OF REPRESENTATIVES
171		-	APPROVED________________________________________
172		-	(Date and Time)
173		-	_________________________________________
174		-	Jared S. Polis
175		-	GOVERNOR OF THE STATE OF COLORADO
176		-	PAGE 5-SENATE BILL 25-038
	162	+	PERSON SHALL NOT BRING OR MAINTAIN A PRIVATE ACTION ,
	163	+	13
	164	+	AT LAW OR IN EQUITY, CHALLENGING THE DIVISION'S DETERMINATION14
	165	+	THAT A PERSON, OR AN AUTHORIZED DESIGNEE OR REPRESENTATIVE OF15
	166	+	THE PERSON, HAS TAKEN ACTIONS OR MADE STATEMENTS THAT LED TO16
	167	+	THE PERSON'S PERSONAL INFORMATION BECOMING PUBLICLY KNOWN .17
	168	+	(6) ANY PERSON, OR AUTHORIZED DESIGNEE OR REPRESENTATIVE18
	169	+	OF THE PERSON, THAT REQUESTS RECORDS PERTAINING TO THE PERSON 'S19
	170	+	OWN CLAIM PURSUANT TO THE "COLORADO OPEN RECORDS ACT", PART20
	171	+	2
	172	+	OF ARTICLE 72 OF TITLE 24, IS ENTITLED TO RECEIVE THE RECORDS21
	173	+	WITHOUT REGARD TO SUBSECTION (2) OF THIS SECTION.22
	174	+	SECTION 4.
	175	+	Act subject to petition - effective date. This act23
	176	+	takes effect at 12:01 a.m. on the day following the expiration of the24
	177	+	ninety-day period after final adjournment of the general assembly; except25
	178	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V26
	179	+	of the state constitution against this act or an item, section, or part of this27
	180	+	038
	181	+	-5- act within such period, then the act, item, section, or part will not take1
	182	+	effect unless approved by the people at the general election to be held in2
	183	+	November 2026 and, in such case, will take effect on the date of the3
	184	+	official declaration of the vote thereon by the governor.4
	185	+	038
	186	+	-6-