NOTE: The governor signed this measure on 4/18/2014.
      
      
      HOUSE BILL 14-1141
      
      
      BY REPRESENTATIVE(S) Coram, Swalm, Fields, Fischer, Lebsock,
      Rosenthal, Schafer;
      also SENATOR(S) Roberts, Aguilar, Cadman, Crowder, Grantham, Heath,
      Herpin, Hodge, Jahn, Kefalas, Kerr, King, Lambert, Lundberg, Newell,
      Nicholson, Rivera, Scheffel, Steadman, Todd, Ulibarri, Zenzinger.
      
      
      Concerning the confidentiality of social security numbers under
           statutes protecting the privacy of individuals.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, add 8-2-128 as
      follows:
      
           8-2-128.  Prohibitions of employer - requiring social security
      number - exceptions. (1) (a)  An entity with a board of directors,
      including any advisory board, shall not require a member of the
      board of directors who is not paid for serving on the board, except
      for occasional reimbursement of incidental  expenses of serving
      on the board, to disclose the member's social security number to
      the entity in order to serve as a member of the board.
      
           (b)  Notwithstanding paragraph (a) of this subsection (1), a
      current or prospective board member may be required to disclose
      his or her social security number:
      
           (I)  To an entity that is required by law, rule, or a
      government or accreditation organization's recommended
      program of legal compliance to require a member of its board of
      directors to provide a social security number to use to check any
      governmental background check database or to reimburse a
      member for expenses incurred in the actual performance of his or
      her duties;
      
           (II)  If the board member would directly serve a clientele
      that includes minors, the elderly, victims of abuse, persons with
      developmental disabilities, or other vulnerable individuals and
      that has an established policy of using a professional employment
      screening service to conduct background checks, utilizing social
      security numbers, to screen its personnel, board members, or
      volunteers; or
      
           (III)  If the board member would be authorized to sign checks
      or engage in other transactions involving the entity's assets or
      accounts, and the financial institution holding those assets or
      accounts requires a social security number to verify the identity
      of persons so authorized.
      
           (c)  An entity that requires an individual to provide his or
      her social security number for one of the reasons listed in
      paragraph (b) of this subsection (1) shall state the reason and
      specify what uses will be made of the individual's social security
      number.
      
           (2)  It is unlawful for the state or any local government to
      deny an individual any right, benefit, or privilege provided by law
      that would violate the federal "Privacy Act of 1974", Pub.L.
      93-579, sec. 7, because of the individual's refusal to disclose his or
      her social security number unless federal law, state law or rule,
      or a rule, order, or directive of a court requires such disclosure.
      The state or any local government that requests an individual to
      disclose his or her social security number when the disclosure is
      not required by federal or state law shall inform the individual
      whether that disclosure is mandatory or voluntary, by what
      statutory or other authority the social security number is
      solicited, and what uses will be made of the individual's social
      security number.
      
           SECTION 2.  Act subject to petition - effective date -
      applicability. (1)  This act takes effect at 12:01 a.m. on the day following
      the expiration of the ninety-day period after final adjournment of the
      general assembly (August 6, 2014, if adjournment sine die is on May 7,
      2014); except that, if a referendum petition is filed pursuant to section 1 (3)
      of article V of the state constitution against this act or an item, section, or
      part of this act within such period, then the act, item, section, or part will
      not take effect unless approved by the people at the general election to be
      held in November 2014 and, in such case, will take effect on the date of the
      official declaration of the vote thereon by the governor.
      
           (2)  This act applies to acts occurring on or after the applicable
      effective date of this act.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                        Morgan Carroll
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO