HOUSE BILL 971246
BY REPRESENTATIVES Lawrence and May;
also SENATORS Ament, Hernandez, Norton, Pascoe, and
Rupert.
CONCERNING MEASURES TO PROTECT THE PRIVACY OF MOTOR
VEHICLE RECORDS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 2472204
(3) (a), Colorado Revised Statutes, 1988 Repl. Vol., as amended,
is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
2472204. Allowance or denial
of inspection grounds procedure appeal.
(3) (a) The custodian shall deny the right of
inspection of the following records, unless otherwise provided
by law; except that any of the following records, other than letters
of reference concerning employment, licensing, or issuance of
permits, shall be available to the person in interest under this
subsection (3):
(XII) ANY RECORD INDICATING THAT A PERSON
HAS OBTAINED DISTINGUISHING LICENSE PLATES OR AN IDENTIFYING PLACARD
FOR PERSONS WITH DISABILITIES UNDER SECTION 423121,
C.R.S., OR ANY OTHER MOTOR VEHICLE RECORD THAT WOULD REVEAL THE
PRESENCE OF A DISABILITY.
SECTION 2. 422136
(6), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended, and the said 422136 is further amended BY
THE ADDITION OF A NEW SUBSECTION, to read:
422136. Unlawful possession
or use of license. (5.5) NO
PERSON SHALL PHOTOGRAPH, PHOTOSTAT, DUPLICATE, OR IN ANY WAY REPRODUCE
ANY DRIVER'S LICENSE OR FACSIMILE THEREOF FOR THE PURPOSE OF DISTRIBUTION,
RESALE, REUSE, OR MANIPULATION OF THE DATA OR IMAGES CONTAINED
IN SUCH DRIVER'S LICENSE UNLESS AUTHORIZED BY THE DEPARTMENT OR
OTHERWISE AUTHORIZED BY LAW.
(6) (a) Any person who violates any
provision of SUBSECTIONS (1) TO (5) OF this section commits a
class 2 misdemeanor traffic offense.
(b) ANY PERSON WHO VIOLATES ANY PROVISION
OF SUBSECTION (5.5) OF THIS SECTION COMMITS A CLASS 3 MISDEMEANOR
AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED AS PROVIDED IN
SECTION 181106, C.R.S.
SECTION 3. 422309
(1), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
422309. Unlawful acts.
(1) It is unlawful for any person:
(h) TO PHOTOGRAPH, PHOTOSTAT, DUPLICATE,
OR IN ANY WAY REPRODUCE ANY IDENTIFICATION CARD OR FACSIMILE THEREOF
FOR THE PURPOSE OF DISTRIBUTION, RESALE, REUSE, OR MANIPULATION
OF THE DATA OR IMAGES CONTAINED IN SUCH IDENTIFICATION CARD UNLESS
AUTHORIZED BY THE DEPARTMENT OR OTHERWISE AUTHORIZED BY LAW.
SECTION 4. Effective
date applicability. (1) This act shall
take effect at 12:01 a.m. on the day following the expiration
of the ninetyday period after final adjournment of the general
assembly that is allowed for submitting a referendum petition
pursuant to article V, section 1 (3) of the state constitution;
except that, if a referendum petition is filed against this act
or an item, section, or part of this act within such period, then
the act, item, section, or part, if approved by the people, shall
take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.
(2) The provisions of this act shall apply
to requests for motor vehicle records received on or after the
applicable effective date of this act and to offenses committed
on or after the applicable effective date of this act.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO