Amendments for HB25-1195
House Journal, March 6
31 HB25-1195 be amended as follows, and as so amended, be referred to
32 the Committee on Appropriations with favorable
33 recommendation:
34
35 Amend printed bill, printed bill, page 2, strike lines 2 through 5.
36
37 Page 3, strike lines 1 through 12.
38
39 Renumber succeeding sections accordingly.
40
41 Page 3, after line 25 insert:
42
43 "(V) AN EMERGENCY COMMUNICATIONS SPECIALIST, AS DEFINED
44 IN SECTION 29-11-101 (10.5);".
45
46 Renumber succeeding subparagraphs accordingly.
47
48 Page 4, strike lines 2 and 3 and substitute:
49
50 "(VII) THE SPOUSE OR CIVIL UNION PARTNER OF AN INDIVIDUAL
51 SPECIFIED IN".
52
53 Page 4, strike lines 11 through 27.
54
55 Page 5, strike lines 1 through 4 and substitute:
56
1 "(c) A FIRST RESPONDER MAY MAKE THE REQUEST FOR
2 CONFIDENTIALITY ALLOWED BY SUBSECTION (3.7)(b) OF THIS SECTION TO
3 THE COUNTY CLERK AND RECORDER WHERE THE INDIVIDUAL MAKING THE
4 REQUEST RESIDES, ON AN APPLICATION FORM APPROVED BY THE
5 SECRETARY OF STATE. THE APPLICATION FORM SHALL PROVIDE SPACE
6 FOR".
7
8 Page 5, line 12, after "SPOUSE" insert "OR CIVIL UNION PARTNER".
9
10 Page 5, strike lines 19 through 27 and substitute "BUT IS NOT A FIRST
11 RESPONDER.
12 (d) EACH COUNTY CLERK AND RECORDER SHALL:
13 (I) MAKE THE CONFIDENTIALITY REQUEST APPLICATION FORMS
14 AVAILABLE IN THEIR OFFICES;
15 (II) PROVIDE THE CONFIDENTIALITY REQUEST APPLICATION FORMS
16 TO INTERESTED PERSONS BY UNITED STATES MAIL, EMAIL DELIVERY, OR
17 FACSIMILE TRANSMISSION, IF REQUESTED;
18 (III) PERMIT FIRST RESPONDERS TO SUBMIT COMPLETED AND
19 SIGNED CONFIDENTIALITY REQUEST APPLICATION FORMS BY UNITED
20 STATES MAIL, PERSONAL DELIVERY, EMAIL DELIVERY, OR FACSIMILE
21 TRANSMISSION; AND
22 (IV) NOT CHARGE A PROCESSING OR ANY OTHER FEE IN
23 CONNECTION WITH A FIRST RESPONDER'S".
24
25 Reletter succeeding paragraphs accordingly.
26
27
House Journal, April 4
47 HB25-1195 be amended as follows, and as so amended, be referred to
48 the Committee of the Whole with favorable
49 recommendation:
50
51 Amend printed bill, strike everything below the enacting clause and
52 substitute:
53 "SECTION 1. In Colorado Revised Statutes, 24-72-204, amend
54 (3.5)(a), (3.5)(b), (3.5)(c) introductory portion, and (3.5)(e); and add
55 (3.5)(h) as follows:
1 24-72-204. Allowance or denial of inspection - grounds -
2 procedure - appeal - definitions - repeal. (3.5) (a) Effective January 1,
3 1992, Any individual who meets the requirements of this subsection (3.5)
4 may request that the address of such individual THEIR ADDRESS included
5 in any public records concerning that individual which THEM THAT are
6 required to be made, maintained, or kept pursuant to the following
7 sections SECTIONS 1-2-227, 1-2-301, OR 24-6-202 be kept confidential.
8 (I) Sections 1-2-227 and 1-2-301, C.R.S.;
9 (II) (Deleted by amendment, L. 2000, p. 1337, ยง 1, effective May
10 30, 2000.)
11 (III) Section 24-6-202.
12 (b) (I) An individual may make the request of confidentiality
13 allowed by this subsection (3.5) if such THE individual IS A FIRST
14 RESPONDER OR IF THE INDIVIDUAL has reason to believe that such THE
15 individual, or any member of such THE individual's immediate family who
16 resides in the same household as such THE individual, will be exposed to
17 criminal harassment as prohibited in section 18-9-111, C.R.S., or
18 otherwise be in danger of bodily harm, if such THE individual's address
19 is not kept confidential in accordance with this subsection (3.5).
20 (II) A request of confidentiality with respect to records described
21 in subparagraph (I) of paragraph (a) of this subsection (3.5) shall be made
22 in person in the office of AN INDIVIDUAL MUST MAKE THE REQUEST FOR
23 CONFIDENTIALITY ALLOWED BY SUBSECTION (3.5)(a) OF THIS SECTION TO
24 the county clerk and recorder of the county where the individual making
25 the request resides. Requests shall be made on application forms
26 approved by the secretary of state, after consultation with county clerk
27 and recorders THE SECRETARY OF STATE SHALL APPROVE THE
28 APPLICATION FORM FOR A REQUEST FOR CONFIDENTIALITY. The
29 application form shall provide space for the applicant to provide his or
30 her THEIR name and address, date of birth, and any other identifying
31 information determined by the secretary of state to be necessary to carry
32 out the provisions of this subsection (3.5). In addition, an affirmation
33 shall MUST be printed on the form, in the area immediately above a line
34 for the applicant's signature and the date, stating the following: "I swear
35 or affirm, under penalty of perjury, that I have reason to believe that I, or
36 a member of my immediate family who resides in my household, will be
37 exposed to criminal harassment, or otherwise be in danger of bodily harm,
38 if my address is not kept confidential OR THAT I AM OR HAVE BEEN A FIRST
39 RESPONDER OR AM OR HAVE BEEN THE SPOUSE OR CIVIL UNION PARTNER
40 OF A FIRST RESPONDER AND AM ELIGIBLE TO HAVE MY ADDRESS KEPT
41 CONFIDENTIAL PURSUANT TO SECTION 24-72-204 (3.5)." Immediately
42 below the signature line, there shall MUST be printed a notice, in a type
43 that is larger than the other information contained on the form, that the
44 applicant may be prosecuted for perjury in the second degree under
45 section 18-8-503 C.R.S., if the applicant signs such THE affirmation and
46 does not believe such THE affirmation to be true OR IS NOT OR HAS NOT
47 BEEN A FIRST RESPONDER OR THE SPOUSE OR CIVIL UNION PARTNER OF A
48 FIRST RESPONDER.
49 (III) The county clerk and recorder of each county shall provide
50 an opportunity for any individual to make the request of confidentiality
51 allowed by this subsection (3.5) in person at the time such individual
52 makes application to the county clerk and recorder to register to vote or
53 to make any change in such individual's registration, and at any other time
54 during normal business hours of the office of the county clerk and
55 recorder. The county clerk and recorder shall forward a copy of each
1 completed application to the secretary of state for purposes of the records
2 maintained by him or her pursuant to subparagraph (I) of paragraph (a)
3 of this subsection (3.5). The county clerk and recorder shall collect a
4 processing fee in the amount of five dollars of which amount two dollars
5 and fifty cents shall be transmitted to the secretary of state for the purpose
6 of offsetting the secretary of state's costs of processing applications
7 forwarded to the secretary of state pursuant to this subparagraph (III). All
8 processing fees received by the secretary of state pursuant to this
9 subparagraph (III) shall be transmitted to the state treasurer, who shall
10 credit the same to the department of state cash fund EACH COUNTY CLERK
11 AND RECORDER SHALL:
12 (A) MAKE THE CONFIDENTIALITY REQUEST APPLICATION FORMS
13 AVAILABLE IN THEIR OFFICE;
14 (B) PROVIDE THE CONFIDENTIALITY REQUEST APPLICATION FORMS
15 TO INTERESTED PERSONS BY UNITED STATES MAIL, EMAIL DELIVERY, OR
16 FACSIMILE TRANSMISSION, IF REQUESTED;
17 (C) PERMIT INDIVIDUALS TO SUBMIT COMPLETED AND SIGNED
18 CONFIDENTIALITY REQUEST APPLICATION FORMS BY UNITED STATES MAIL,
19 PERSONAL DELIVERY, EMAIL DELIVERY, OR FACSIMILE TRANSMISSION; AND
20 (D) PROCESS AN INDIVIDUAL'S REQUEST FOR CONFIDENTIALITY
21 PURSUANT TO THIS SUBSECTION (3.5) WITHOUT IMPOSING A PROCESSING
22 FEE OR ANY OTHER CHARGE.
23 (IV) The secretary of state shall provide an opportunity for any
24 individual to make the request of confidentiality allowed by paragraph (a)
25 of this subsection (3.5), with respect to the records described in
26 subparagraph (III) of paragraph (a) of this subsection (3.5). The secretary
27 of state may charge a processing fee, not to exceed five dollars, for each
28 such request. All processing fees collected by the secretary of state
29 pursuant to this subparagraph (IV) or subparagraph (III) of this paragraph
30 (b) shall be transmitted to the state treasurer, who shall credit the same to
31 the department of state cash fund.
32 (V) Notwithstanding the amount specified for any fee in
33 subparagraph (III) or (IV) of this paragraph (b), the secretary of state by
34 rule or as otherwise provided by law may reduce the amount of one or
35 more of the fees credited to the department of state cash fund if necessary
36 pursuant to section 24-75-402 (3), to reduce the uncommitted reserves of
37 the fund to which all or any portion of one or more of the fees is credited.
38 After the uncommitted reserves of the fund are sufficiently reduced, the
39 secretary of state by rule or as otherwise provided by law may increase
402 40 the amount of one or more of the fees as provided in section 24-75-
41 (4).
42 (c) The custodian of any records described in subsection (3.5)(a)
43 of this section that concern an individual who has made a request of FOR
44 confidentiality pursuant to this subsection (3.5) and paid any required
45 processing fee shall deny the right of inspection of the individual's
46 address contained in such records on the ground that disclosure would be
47 contrary to the public interest; except that the custodian shall allow the
48 inspection of the records by the individual, by any person authorized in
49 writing by that individual, and by any individual employed by one of the
50 following entities who makes a request to the custodian to inspect the
51 records and who provides evidence satisfactory to the custodian that the
52 inspection is reasonably related to the authorized purpose of the
53 employing entity:
54
1 (e) No A person shall NOT make any false statement in requesting
2 any information pursuant to paragraph (a) or (b) of this subsection (3.5)
3 SUBSECTION (3.5)(c) OR (3.5)(d) OF THIS SECTION.
4 (h) AS USED IN THIS SUBSECTION (3.5), UNLESS THE CONTEXT
5 OTHERWISE REQUIRES, "FIRST RESPONDER" MEANS AN ELECTOR, AS
6 DEFINED IN SECTION 1-1-104 (12), WHO IS OR WHO HAS BEEN ONE OF THE
7 FOLLOWING:
8 (I) A PEACE OFFICER, AS DESCRIBED IN SECTION 16-2.5-101;
9 (II) A FIREFIGHTER, AS DEFINED IN SECTION 29-5-203 (10);
10 (III) A VOLUNTEER FIREFIGHTER, AS DEFINED IN SECTION
11 31-30-1102 (9)(a);
12 (IV) AN EMERGENCY MEDICAL SERVICE PROVIDER, AS DEFINED IN
13 SECTION 25-3.5-103 (8);
14 (V) AN EMERGENCY COMMUNICATIONS SPECIALIST, AS DEFINED IN
15 SECTION 29-11-101 (10.5);
16 (VI) THE SPOUSE OR CIVIL UNION PARTNER OF AN INDIVIDUAL
17 SPECIFIED IN SUBSECTION (3.5)(h)(I), (3.5)(h)(II), (3.5)(h)(III),
18 (3.5)(h)(IV), OR (3.5)(h)(V) OF THIS SECTION.
19 SECTION 2. Act subject to petition - effective date. This act
20 takes effect at 12:01 a.m. on the day following the expiration of the
21 ninety-day period after final adjournment of the general assembly; except
22 that, if a referendum petition is filed pursuant to section 1 (3) of article V
23 of the state constitution against this act or an item, section, or part of this
24 act within such period, then the act, item, section, or part will not take
25 effect unless approved by the people at the general election to be held in
26 November 2026 and, in such case, will take effect on the date of the
27 official declaration of the vote thereon by the governor.".".
28
29
Senate Journal, April 23
After consideration on the merits, the Committee recommends that HB25-1195 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 2, strike line 3 and substitute "(3.5)(a)
introductory portion, (3.5)(b)(I), (3.5)(b)(II), (3.5)(b)(III), (3.5)(c) introductory
portion, and (3.5)(e); repeal (3.5)(b)(V); and add".
Page 3, line 5, strike "the following" and substitute "the following".
Page 3, strike lines 6 through 10 and substitute "sections be kept confidential:".
Page 5, strike lines 23 through 27.
Page 6, strike lines 1 through 4.
State,
Veterans, &
Military
Affairs