HOUSE BILL 971346
BY REPRESENTATIVES Grampsas, Allen, and Anderson;
also SENATOR Rizzuto.
CONCERNING THE SALE OF DRIVER'S LICENSE PHOTOGRAPHS
FOR THE PURPOSE OF PREVENTION OF FRAUD.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 2472204
(2) (a) (VI), Colorado Revised Statutes, 1988 Repl. Vol., as amended,
is amended to read:
2472204. Allowance or denial
of inspection grounds procedure appeal.
(2) (a) The custodian may deny the right of inspection
of the following records, unless otherwise provided by law, on
the ground that disclosure to the applicant would be contrary
to the public interest:
(VI) Photographs filed with, maintained
by, or prepared by the department of revenue pursuant to section
422121 (2) (c) (I) (F), C.R.S. COPIES OF PHOTOGRAPHS,
ELECTRONICALLY STORED PHOTOGRAPHS, OR DIGITIZED IMAGES MAY BE
SOLD BY THE DEPARTMENT OF REVENUE UNDER SECTION 421206
(3), C.R.S., FOR THE PURPOSE OF PREVENTION OF FRAUD.
SECTION 2. 421206,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
421206. Records open to
inspection furnishing of copies.
(3) (a) EXCEPT AS PROVIDED IN PARAGRAPH (d) OF
THIS SUBSECTION (3), THE DEPARTMENT MAY SELL COPIES OF PHOTOGRAPHS,
ELECTRONICALLY STORED PHOTOGRAPHS, OR DIGITIZED IMAGES THAT ARE
RECORDED AND MAINTAINED AS REQUIRED BY SECTION 422121
(2) (c) (I) (F) IF SUCH ITEMS ARE TO BE USED SOLELY FOR THE PREVENTION
OF FRAUD, INCLUDING, BUT NOT LIMITED TO, USE IN MECHANISMS INTENDED
TO PREVENT THE FRAUDULENT USE OF CREDIT CARDS, DEBIT CARDS, CHECKS,
OR OTHER FORMS OF FINANCIAL TRANSACTIONS. THE USE OF SUCH PHOTOGRAPHS,
ELECTRONICALLY STORED PHOTOGRAPHS, OR DIGITIZED IMAGES OBTAINED
PURSUANT TO THIS SUBSECTION (3) IS LIMITED TO THE VERIFICATION
OF THE IDENTITY OF THE HOLDER OF AN ACCOUNT AND MAY NOT BE USED
FOR ANY OTHER PURPOSE.
(b) THE DEPARTMENT MAY SELL COPIES OF
PHOTOGRAPHS, ELECTRONICALLY STORED PHOTOGRAPHS, OR DIGITIZED IMAGES
THAT ARE RECORDED AND MAINTAINED BY THE DEPARTMENT AS REQUIRED
BY SECTION 422121 (2) (c) (I) (F), UPON RECEIPT OF
THE FOLLOWING FROM AN APPLICANT:
(I) PROOF OF THE IDENTITY OF THE APPLICANT;
(II) A DECLARATION, IN SUCH FORM AS IS
REQUIRED BY THE DEPARTMENT, DESCRIBING HOW THE APPLICANT WILL
USE SUCH PHOTOGRAPHS, ELECTRONICALLY STORED PHOTOGRAPHS, OR DIGITIZED
IMAGES FOR THE PREVENTION OF FRAUD; AND
(III) PAYMENT OF A FEE FOR THE PHOTOGRAPHS,
ELECTRONICALLY STORED PHOTOGRAPHS, OR DIGITIZED IMAGES. THE DEPARTMENT
SHALL ESTABLISH A FEE FOR PROVIDING COPIES OF SUCH PHOTOGRAPHS,
ELECTRONICALLY STORED PHOTOGRAPHS, OR DIGITIZED IMAGES AND ALL
FEES COLLECTED PURSUANT TO THIS SUBSECTION (3) SHALL BE USED TO
DEFRAY THE COSTS OF THE DEPARTMENT IN PROVIDING SUCH COPIES TO
APPLICANTS.
(c) THE DEPARTMENT MAY AUTHORIZE AN APPLICANT
TO OBTAIN COPIES OF PHOTOGRAPHS, ELECTRONICALLY STORED PHOTOGRAPHS,
OR DIGITIZED IMAGES DIRECTLY FROM A VENDOR. TO OBTAIN SUCH ITEMS
FROM A VENDOR, THE APPLICANT SHALL APPLY TO THE DEPARTMENT AND
COMPLY WITH THE PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH
(b) OF THIS SUBSECTION (3). IF THE APPLICATION IS APPROVED BY
THE DEPARTMENT, THE APPLICANT SHALL PAY THE VENDOR DIRECTLY FOR
THE COST OF OBTAINING THE PHOTOGRAPHS, ELECTRONICALLY STORED PHOTOGRAPHS,
OR DIGITIZED IMAGES.
(d) THE DEPARTMENT MAY NOT SELL ANY PHOTOGRAPH,
ELECTRONICALLY STORED PHOTOGRAPH, OR DIGITIZED IMAGE OF A PERSON
WHOSE ADDRESS IS REQUIRED TO BE KEPT CONFIDENTIAL UNDER SECTION
2472204 (3.5), C.R.S.
SECTION 3. No appropriation.
The general assembly has determined that this act can be implemented
within existing appropriations, and therefore no separate appropriation
of state moneys is necessary to carry out the purposes of this
act.
SECTION 4. Effective
date applicability. This act shall take
effect July 1, 1997, and shall apply to requests made to the department
of revenue on or after said date.
SECTION 5. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
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