Amendments for SB25-038
Senate Journal, January 31
After consideration on the merits, the Committee recommends that SB25-038 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 3, lines 7 and 8, strike "compensation claimants," and
substitute "people that make compensation claims,".
Page 3, after line 11 insert:
"SECTION 2. In Colorado Revised Statutes, 24-72-204, add
(3)(a)(XXIV) as follows:
24-72-204. Allowance or denial of inspection - grounds - procedure
- appeal - definitions - repeal. (3) (a) The custodian shall deny the right of
inspection of the following records, unless otherwise provided by law; except
that the custodian shall make any of the following records, other than letters of
reference concerning employment, licensing, or issuance of permits, available
to the person in interest in accordance with this subsection (3):
(XXIV) RECORDS THAT ARE NOT SUBJECT TO DISCLOSURE PURSUANT
TO SECTION 33-3-110.5.".
Renumber succeeding sections accordingly.
Page 3, line 15, after "(1)" insert "(a)".
Page 3, line 17, strike "(a)" and substitute "(I)".
Page 3, line 18, strike "(I)" and substitute "(A)".
Page 3, line 19, strike "(II)" and substitute "(B)".
Page 3, line 20, strike "(III)" and substitute "(C)".
Page 3, line 21, strike "(IV)" and substitute "(D)".
Page 3, line 22, strike "(V)" and substitute "(E)".
Page 3, line 23, strike "(VI)" and substitute "(F)".
Page 3, line 24, strike "(b)" and substitute "(II)".
Page 3, after line 25 insert:
"(b) "PERSONAL INFORMATION" DOES NOT INCLUDE INFORMATION
ABOUT NONLETHAL PREDATOR-LIVESTOCK CONFLICT MINIMIZATION MEASURES
USED BY OR RECOMMENDED TO A PERSON, OR A SUMMARY OR AGGREGATED
DATA RELATED TO SUCH INFORMATION, SO LONG AS THE INFORMATION OR
SUMMARY OR AGGREGATED DATA DOES NOT REVEAL THE IDENTITY OF THE
PERSON OR THE PERSON'S BUSINESS.".
Page 4, strike lines 1 through 3 and substitute "SECTIONS 33-3-107 TO 33-3-110
AND SITE ASSESSMENTS CONDUCTED BY STATE OFFICIALS AND THIRD PARTIES
TO PREVENT FUTURE DEPREDATION AND ANY PERSONAL OR OTHERWISE
IDENTIFYING INFORMATION ASSOCIATED WITH THE USE OF PROACTIVE
NONLETHAL PREDATOR-LIVESTOCK CONFLICT MINIMIZATION MEASURES IS
CONFIDENTIAL AND".
Page 4, after line 5 insert:
"(3) NOTHING IN THIS SECTION PROHIBITS THE DISCLOSURE OF
NONIDENTIFYING INFORMATION REGARDING COUNTY-LEVEL DATA
HIGHLIGHTING THE NUMBER OR DOLLAR AMOUNT OF CLAIMS MADE TO THE
DIVISION, THE NUMBER OF CLAIMS MADE TO THE DIVISION THAT WERE SETTLED
AND THE MONETARY AMOUNTS OF THOSE SETTLEMENTS, THE NUMBER OF
CLAIMS MADE TO THE DIVISION THAT ARE PENDING AT THE TIME OF A REQUEST
FOR DISCLOSURE, AND THE NUMBER OF CLAIMS MADE TO THE DIVISION THAT
WERE DENIED AND THE REASONS FOR DENIAL.
(4) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
CONTRARY, IF A PERSON, OR AN AUTHORIZED DESIGNEE OR REPRESENTATIVE OF
THE PERSON, TAKES ACTIONS OR MAKES STATEMENTS THAT LEAD TO THE
PERSON'S PERSONAL INFORMATION BECOMING PUBLICLY KNOWN, THE PERSONAL
INFORMATION IS NOT CONFIDENTIAL AND IS SUBJECT TO DISCLOSURE PURSUANT
TO THE "COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24.
(5) A PERSON SHALL NOT BRING OR MAINTAIN A PRIVATE ACTION, AT
LAW OR IN EQUITY, CHALLENGING THE DIVISION'S DETERMINATION THAT A
PERSON, OR AN AUTHORIZED DESIGNEE OR REPRESENTATIVE OF THE PERSON,
HAS TAKEN ACTIONS OR MADE STATEMENTS THAT LED TO THE PERSON'S
PERSONAL INFORMATION BECOMING PUBLICLY KNOWN.".
Renumber succeeding subsection accordingly.
Page 4, lines 6 and 7, strike "NOTWITHSTANDING ANY PROVISION OF THIS
SECTION TO THE CONTRARY, ANY" and substitute "ANY".
Strike "CLAIMANT'S" and substitute "PERSON'S" on: Page 3, lines 17 and 25; and
Page 4, line 9.
Strike "CLAIMANT" and substitute "PERSON" on: Page 3, lines 25 and 26; and
Page 4, lines 7 and 8.
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