HOUSE BILL 971348
BY REPRESENTATIVES Allen, Anderson, Keller, and Schwarz;
also SENATOR Mutzebaugh.
CONCERNING CONFIDENTIALITY OF MOTOR VEHICLE RECORDS,
AND, IN CONNECTION THEREWITH, ALLOWING PERSONS TO FILE CONFIDENTIALITY
REQUESTS TO PROHIBIT CERTAIN USES OF INFORMATION CONTAINED IN
DRIVER'S LICENSE, IDENTIFICATION CARD, MOTOR VEHICLE REGISTRATION,
AND MOTOR VEHICLE TITLE APPLICATIONS AND MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Legislative declaration.
The general assembly hereby finds and declares that this act is
mandated by the provisions of the federal "Driver's Privacy
Protection Act of 1994", 18 U.S.C. Sec. 2771, et seq., and
that the state may be subject to penalties if legislation to comply
with the federal act is not enacted on or before September 13,
1997. The general assembly therefore finds that any general fund
moneys appropriated to implement this act are not included within
the statutory limit on general fund appropriations under section
2475201.1 (1) (a) (II), Colorado Revised Statutes,
because the act creates a new program or service required by federal
law pursuant to section 2475201.1 (1) (a) (III) (A),
Colorado Revised Statutes.
SECTION 2. 2472204,
Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
2472204. Allowance or denial
of inspection grounds procedure appeal.
(7) IN ADDITION TO ANY OTHER REQUIREMENT OR RESTRICTION,
THE DEPARTMENT OF REVENUE OR A DESIGNATED AGENT OF THE DEPARTMENT
MAY ALLOW INSPECTION OF INFORMATION CONTAINED IN A DRIVER'S LICENSE
APPLICATION UNDER SECTION 422107, C.R.S., A DRIVER'S
LICENSE RENEWAL APPLICATION UNDER SECTION 422118,
C.R.S., A DUPLICATE DRIVER'S LICENSE APPLICATION UNDER SECTION
422117, C.R.S., A COMMERCIAL DRIVER'S LICENSE APPLICATION
UNDER SECTION 422404, C.R.S., AN IDENTIFICATION CARD
APPLICATION UNDER SECTION 422302, C.R.S., A MOTOR
VEHICLE TITLE APPLICATION UNDER SECTION 426103, C.R.S.,
A MOTOR VEHICLE REGISTRATION APPLICATION UNDER SECTION 423112,
C.R.S., OR OTHER OFFICIAL RECORD OR DOCUMENT MAINTAINED BY THE
DEPARTMENT UNDER SECTION 422121, C.R.S., TO A REQUESTOR,
OTHER THAN A PERSON IN INTEREST OR A FEDERAL, STATE, OR LOCAL
GOVERNMENT AGENCY CARRYING OUT ITS OFFICIAL FUNCTIONS, ONLY UPON
OBTAINING A COMPLETED REQUESTOR RELEASE FORM UNDER SECTION 421206
(1) (b), C.R.S. IF THE REQUESTOR RELEASE FORM INDICATES THAT THE
REQUESTOR WILL USE INFORMATION CONTAINED IN RECORDS, REQUESTED
INDIVIDUALLY, OR IN BULK, FOR ANY PURPOSE OTHER THAN A PURPOSE
AUTHORIZED BY LAW, INCLUDING AN AUTHORIZED USE UNDER THE FEDERAL
"DRIVER'S PRIVACY PROTECTION ACT OF 1994", 18 U.S.C.
SEC. 2721, ET SEQ., OR THE LAWFUL USE OF THE RECORDS BY THE PRESS
AND NEWS MEDIA IN GATHERING NEWS INFORMATION, THE DEPARTMENT OR
AGENT SHALL DENY INSPECTION OF ANY MOTOR VEHICLE OR DRIVER RECORD
FOR WHICH A CONFIDENTIALITY REQUEST FORM HAS BEEN FILED PURSUANT
TO SECTION 422121 (4), C.R.S.
SECTION 3.
421206, Colorado Revised Statutes, 1993 Repl. Vol.,
as amended, is amended to read:
421206. Records open to
inspection furnishing of copies.
(1) (a) Except as provided in part 2 of article
72 of title 24, C.R.S., all records made public records by any
provision of this title and kept in the office of the department
shall be open to inspection by the public during business hours
under such reasonable rules and regulations relating thereto as
the executive director of the department may prescribe.
(b) (I) THE DEPARTMENT SHALL PREPARE
A REQUESTOR RELEASE FORM AND MAKE SUCH FORM AVAILABLE TO THE DEPARTMENT'S
DESIGNATED AGENTS. THE FORM SHALL INCLUDE THE FOLLOWING:
(A) A STATEMENT INDICATING WHETHER THE
REQUESTOR WILL USE THE MOTOR VEHICLE OR DRIVER RECORDS OR TRANSFER
SUCH RECORDS TO ANOTHER PERSON FOR ANY PURPOSE OTHER THAN A PURPOSE
AUTHORIZED BY LAW, INCLUDING ANY AUTHORIZED USE UNDER THE FEDERAL
"DRIVER'S PRIVACY PROTECTION ACT OF 1994", 18 U.S.C.
SEC. 2721, ET SEQ., OR THE LAWFUL USE OF THE RECORDS BY THE PRESS
AND NEWS MEDIA IN GATHERING NEWS INFORMATION; AND
(B) A WARNING THAT ANY PERSON USING MOTOR
VEHICLE OR DRIVER RECORDS FOR IMPROPER PURPOSES MAY BE SUBJECT
TO CIVIL PENALTIES UNDER FEDERAL LAW.
(II) THE DEPARTMENT OR A DESIGNATED AGENT
SHALL REQUIRE ANY PERSON, OTHER THAN A PERSON IN INTEREST AS DEFINED
IN SECTION 2472202 (4), C.R.S., OR A FEDERAL, STATE,
OR LOCAL GOVERNMENT AGENCY CARRYING OUT ITS OFFICIAL FUNCTIONS,
REQUESTING INSPECTION OF A MOTOR VEHICLE OR DRIVER RECORD FROM
THE DEPARTMENT OR AGENT INDIVIDUALLY, OR IN BULK, TO SIGN A REQUESTOR
RELEASE FORM PRIOR TO PROVIDING THE RECORD TO SUCH PERSON. THE
DEPARTMENT OR DESIGNATED AGENT MAY ALLOW INSPECTION OF MOTOR VEHICLE
AND DRIVER RECORDS ONLY AS AUTHORIZED UNDER SECTION 2472204
(7), C.R.S.
(2) (a) Upon written application
and the payment of a fee of two dollars and twenty cents per copy,
or search therefor, for each copy requested, the department shall
furnish to any person a photostatic copy of any specified record
or accident report specifically made a public record by any provision
of this title and shall, for the additional fee of fifty cents
per certification, if requested, certify the same. Any information
required to be kept confidential by section 2472204
(3.5) (a), C.R.S., shall be rendered illegible by the department
on any copy furnished pursuant to this section. All fees collected
under the provisions of this subsection (2) shall be used to defray
the expenses of providing such copies; except that ten cents of
each fee collected by the department shall be credited to the
special purpose account established under section 421211
and used as provided in said section.
(b) AN AUTHORIZED AGENT OF THE DEPARTMENT
SHALL NOT PROVIDE THE SERVICE OF FURNISHING COPIES OF CERTAIN
RECORDS TO MEMBERS OF THE PUBLIC IF COPIES OF SUCH RECORDS ARE
AVAILABLE TO THE PUBLIC DIRECTLY FROM THE DEPARTMENT.
SECTION 4. 422121,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
422121. Records to be kept
by the department admission of records in court.
(4) (a) THE DEPARTMENT SHALL PLACE A CONFIDENTIALITY
NOTICE ON ANY DRIVER'S LICENSE APPLICATION FORM UNDER SECTION
422107, DRIVER'S LICENSE RENEWAL APPLICATION UNDER
SECTION 422118, DUPLICATE DRIVER'S LICENSE APPLICATION
UNDER SECTION 422117, COMMERCIAL DRIVER'S LICENSE
APPLICATION UNDER SECTION 422404, IDENTIFICATION CARD
APPLICATION FORM UNDER SECTION 422302, MOTOR VEHICLE
TITLE APPLICATION FORM UNDER SECTION 426103, OR MOTOR
VEHICLE REGISTRATION APPLICATION FORM UNDER SECTION 423112.
THE DEPARTMENT SHALL INDICATE IN SUCH NOTICE THAT ANY PERSON FILING
SUCH A FORM MAY FILE A CONFIDENTIALITY REQUEST FORM WITH THE DEPARTMENT
REQUESTING THAT THE INFORMATION CONTAINED IN THE PERSON'S MOTOR
VEHICLE OR DRIVER RECORD NOT BE USED FOR ANY PURPOSE OTHER THAN
A PURPOSE AUTHORIZED BY LAW.
(b) THE DEPARTMENT SHALL PREPARE A CONFIDENTIALITY
REQUEST FORM AND SHALL PROVIDE THE FORM TO THE DESIGNATED AGENTS
OF THE DEPARTMENT. THE DEPARTMENT AND THE DESIGNATED AGENTS SHALL
MAKE SUCH FORM AVAILABLE TO ANY PERSON ON REQUEST. THE DEPARTMENT
AND THE DESIGNATED AGENTS SHALL BE THE SOLE DISTRIBUTORS OF SUCH
FORM. THE FORM SHALL CONTAIN INSTRUCTIONS FOR FILING THE FORM
WITH THE DEPARTMENT AND SHALL CONTAIN THE FOLLOWING NOTICES:
(I) THAT THE FILING OF A CONFIDENTIALITY
REQUEST FORM WILL NOT PREVENT INSPECTION OF MOTOR VEHICLE OR DRIVER
RECORD INFORMATION BY ALL PERSONS, INCLUDING THE RELEASE OF INFORMATION
TO THE PRESS AND NEWS MEDIA FOR THE GATHERING OF NEWS RELATED
INFORMATION;
(II) THAT THE FILING OF A CONFIDENTIALITY
REQUEST FORM WILL NOT CEASE ALL SURVEYS, MARKETING, OR SOLICITATIONS
RECEIVED BY THE PERSON BY TELEPHONE, MAIL, OR OTHER MEANS AND
WILL NOT AVOID USE OF MOTOR VEHICLE OR DRIVER RECORD INFORMATION
THAT WAS OBTAINED BY PERSONS PRIOR TO SEPTEMBER 1, 1997;
(III) THAT THERE WILL BE A DELAY BETWEEN
THE DATE OF FILING OF A CONFIDENTIALITY REQUEST FORM AND THE DATE
THE CONFIDENTIALITY REQUEST BECOMES EFFECTIVE; AND
(IV) THAT CONFIDENTIALITY ONLY INCLUDES
PERSONAL INFORMATION CONTAINED IN RECORDS FILED PURSUANT TO DRIVER'S
LICENSE APPLICATIONS, IDENTIFICATION CARD APPLICATIONS, MOTOR
VEHICLE TITLE APPLICATIONS, AND MOTOR VEHICLE REGISTRATION APPLICATIONS.
(c) ANY PERSON MAKING A REQUEST UNDER
THIS SUBSECTION (4) THAT INFORMATION IN MOTOR VEHICLE OR DRIVER
RECORDS NOT BE USED FOR ANY PURPOSE OTHER THAN A PURPOSE AUTHORIZED
BY LAW SHALL PROVIDE THE INFORMATION REQUESTED BY THE DEPARTMENT
IN THE CONFIDENTIALITY REQUEST FORM AND FILE THE FORM DIRECTLY
WITH THE DEPARTMENT. THE DEPARTMENT SHALL PROCESS SUCH FORMS AND
SHALL NOTIFY THE DESIGNATED AGENTS REGARDING WHICH MOTOR VEHICLE
AND DRIVER RECORDS ARE SUBJECT TO CONFIDENTIALITY REQUESTS.
(d) A CONFIDENTIALITY REQUEST EXPIRES
UPON A REQUEST BY THE PERSON TO RESCIND THE CONFIDENTIALITY REQUEST
OR UPON THE RENEWAL OF THE MOTOR VEHICLE OR DRIVER RECORD; EXCEPT
THAT A CONFIDENTIALITY REQUEST FORM FILED IN CONNECTION WITH A
MOTOR VEHICLE REGISTRATION APPLICATION SHALL REMAIN IN FORCE UNTIL
THE MOTOR VEHICLE IS TRANSFERRED OR THE PERSON REQUESTS THAT THE
CONFIDENTIALITY REQUEST BE RESCINDED.
SECTION 5. 421210,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
to read:
421210. County clerk and
recorders and manager of revenue as agents legislative
declaration. (1) The county
clerk and recorder in each county in the state of Colorado, and
in the city and county of Denver the manager of revenue, is hereby
designated as the authorized agent of the department for the administration
of the provisions of articles 3 and 6 of this title relating to
registrations of motor vehicles in such county; and for the enforcement
of the provisions of section 426139 relating to the
registering and titling of motor vehicles in such county; and
for the enforcement of the provisions of section 3829120,
C.R.S., relating to the titling of manufactured homes; but any
such authorized agent in a county has the power to appoint and
employ such motor vehicle registration and license clerks as are
actually necessary in the issuance of motor vehicle licenses and
shall retain for the purpose of defraying such expenses, including
mailing, a sum equal to one dollar per paid motor vehicle registration
and registration requiring a metallic plate, plates, or validation
tab or sticker as provided in section 423113. This
fee of one dollar shall apply to every registration of a motor
vehicle which is designed primarily to be operated or drawn on
any highway of this state, except such vehicles as are specifically
exempted from payment of any registration fee by the provisions
of article 3 of this title, and shall be in addition to the annual
registration fee prescribed by law for such vehicle. Such fee
of one dollar, when collected by the department, shall be credited
to the same fund as registration fees collected by the department.
The county clerk and recorders and the manager of revenue in the
city and county of Denver so designated as the authorized agents
of the department, as provided in this section, shall serve as
such authorized agents under the provisions of this part 2 without
additional remuneration or fees, except as otherwise provided
in articles 1 to 6 of this title.
(2) THE GENERAL ASSEMBLY HEREBY FINDS
THAT, SINCE IT IS THE GOVERNMENT THAT REQUIRES CITIZENS TO REGISTER,
LICENSE, AND UNDERTAKE OTHER ACTIONS CONCERNING THEIR MOTOR VEHICLES,
IT IS THUS THE DUTY OF GOVERNMENT TO PROVIDE CONVENIENT AND EASILY
ACCESSIBLE MOTOR VEHICLE SERVICES TO THE PUBLIC.
SECTION 6. Appropriation. In
addition to any other appropriation, there is hereby appropriated,
out of any moneys in the general fund not otherwise appropriated,
to the department of revenue, division of information technology,
for the fiscal year beginning July 1, 1997, the sum of eightyfive
thousand two hundred sixtyfive dollars ($85,265), or so
much thereof as may be necessary, for the implementation of this
act.
SECTION 7. Statement of intent.
It is the intent of the general assembly that prior to the department
of revenue obtaining any FTE for the implementation of this act
that the department make a request for any FTE through a decision
item.
SECTION 8. Effective
date applicability. This act shall take effect
September 1, 1997, and shall apply to forms filed with the department
of revenue or designated agents of the department on or after
said date and to requests for motor vehicle or driver records
received on or after said date.
SECTION 9. 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