Amendments for SB24-129
Senate Journal, March 29
After consideration on the merits, the Committee recommends that SB24-129 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 2, line 11, strike "SUPPORTER,".
Page 3, line 21, strike "REQUIRED BY LAW;" and substitute "PERMITTED BY LAW
OR IS NECESSARY TO ENFORCE OR ENSURE COMPLIANCE WITH THE LAW;".
Page 4, line 4, strike "(a)".
Page 4, line 5, strike "AS EXPRESSLY REQUIRED BY LAW," and substitute "AS
OTHERWISE PERMITTED BY LAW OR AS IS NECESSARY TO ENFORCE OR ENSURE
COMPLIANCE WITH THE STATE CONSTITUTION OR AN APPLICABLE FEDERAL,
STATE, OR LOCAL STATUTE, CHARTER PROVISION, RESOLUTION, ORDINANCE,
RULE, OR REGULATION,".
Page 4, line 6, strike "(I)" and substitute "(a)".
Page 4, line 10, strike "(II" and substitute "(b)".
Page 4, line 15, strike "(III)" and substitute "(c)".
Page 4, strike lines 21 through 27.
Page 5, strike lines 6 and 7 and substitute "JURISDICTION OR IS ISSUED UNDER
THE AGENCY'S STATUTORY OR CONSTITUTIONAL AUTHORITY IN AN
ADMINISTRATIVE, CIVIL, OR CRIMINAL FILING IN A COURT OF COMPETENT
JURISDICTION OR IN AN ADMINISTRATIVE PROCEEDING BEFORE AN
ADMINISTRATIVE LAW JUDGE, A HEARING OFFICER, OR OTHER DULY
AUTHORIZED, QUASI-JUDICIAL OFFICIAL, INCLUDING THE INDEPENDENT ETHICS
COMMISSION AS AUTHORIZED BY ARTICLE XXIX OF THE STATE CONSTITUTION;".
Page 5, strike lines 9 through 11 and substitute "PROCEDURE, A COURT OF
COMPETENT JURISDICTION, AN ADMINISTRATIVE LAW JUDGE, A HEARING
OFFICER, OR OTHER DULY AUTHORIZED, QUASI-JUDICIAL OFFICIAL, INCLUDING
THE INDEPENDENT ETHICS COMMISSION AS AUTHORIZED BY ARTICLE XXIX OF
THE STATE CONSTITUTION, ENTERS A PROTECTIVE ORDER PROHIBITING THE
PUBLIC".
Page 5, strike lines 16 through 18 and substitute "BEFORE A COURT OF
COMPETENT JURISDICTION, AN ADMINISTRATIVE LAW JUDGE, A HEARING
OFFICER, OR OTHER DULY AUTHORIZED, QUASI-JUDICIAL OFFICIAL, INCLUDING
THE INDEPENDENT ETHICS COMMISSION AS AUTHORIZED BY ARTICLE XXIX OF
THE STATE CONSTITUTION;".
Page 6, line 10, after "STATUTE" insert "OR REGULATION".
Page 6, strike lines 11 and 12 and substitute "ORDER FOR AN APPLICANT TO
QUALIFY FOR OR TO OPERATE A BUSINESS ACTIVITY IN THE STATE, SO LONG AS
THE MEMBER-SPECIFIC DATA IS USED ONLY IN CONNECTION WITH THE SPECIFIC
APPLICATION TO WHICH THE REQUEST RELATES AND FOR ANY RELATED
PROCEEDINGS;".
Page 6, strike lines 14 through 19 and substitute "COMPLIANCE WITH FEDERAL
OR STATE ANTITRUST STATUTES;
(j) THE MEMBER-SPECIFIC DATA IS SOUGHT BY A PUBLIC AGENCY
INVESTIGATING ALLEGED VIOLATIONS OF STATE OR LOCAL CIVIL OR CRIMINAL
LAWS AS PERMITTED OR EXPRESSLY REQUIRED BY LAW;
(k) THE MEMBER-SPECIFIC DATA IS COLLECTED AND USED FOR THE
PURPOSE OF EVALUATING THE SUITABILITY OF APPLICANTS FOR, AND ANY
POTENTIAL CONFLICTS OF INTEREST RESULTING FROM, EMPLOYMENT BY A
PUBLIC AGENCY OR APPOINTMENTS TO STATE OR LOCAL BOARDS, COMMISSIONS,
ADVISORY COMMITTEES, TASK FORCES, GRANT APPLICATION REVIEW
COMMITTEES, OR COMPARABLE ENTITIES, SO LONG AS THE MEMBER-SPECIFIC
DATA IS USED ONLY IN CONNECTION WITH THE SPECIFIC APPLICATION FOR AN
APPOINTMENT TO WHICH THE REQUEST RELATES AND FOR ANY RELATED
PROCEEDINGS;
(l) THE MEMBER-SPECIFIC DATA IS COLLECTED AND USED IN ORDER TO
DETERMINE WHETHER A PERSON APPLYING FOR OR RENEWING ANY GRANT,
BENEFITS, FINANCING, OR PAYMENTS FROM OR THROUGH, OR ANY CONTRACT
WITH, A PUBLIC AGENCY SHOULD BE AWARDED THE GRANT, BENEFITS,
FINANCING, PAYMENTS, OR CONTRACT AND INCLUDES INFORMATION
PERTAINING TO PERSONS RELATED TO OR AFFILIATED WITH THE APPLICANT, SO
LONG AS THE MEMBER-SPECIFIC DATA IS USED ONLY IN CONNECTION WITH THE
SPECIFIC APPLICATION FOR, OR RENEWAL OF, A GRANT, BENEFITS, FINANCING,
OR PAYMENTS TO WHICH THE REQUEST RELATES AND FOR ANY RELATED
PROCEEDINGS;
(m) THE MEMBER-SPECIFIC DATA IS COLLECTED AND USED IN AN AUDIT
CONDUCTED BY A PUBLIC AGENCY TO ENSURE APPROPRIATE USE OF PUBLIC
RESOURCES OR THAT THE PUBLIC AGENCY'S ACTS ARE CONSISTENT WITH ITS
STATUTORY OR REGULATORY DUTIES AND POWERS, SO LONG AS THE
MEMBER-SPECIFIC DATA IS USED ONLY IN CONNECTION WITH THE SPECIFIC AUDIT
TO WHICH THE REQUEST RELATES AND FOR ANY RELATED PROCEEDINGS;
(n) THE MEMBER-SPECIFIC DATA IS COLLECTED AND USED BY A PUBLIC
AGENCY THAT IS FORMED AS A NONPROFIT ENTITY WHERE SUCH
MEMBER-SPECIFIC DATA IS USED, EITHER DIRECTLY BY THE PUBLIC AGENCY OR
THROUGH ITS AUTHORIZED AGENT, SOLELY TO CONTACT, INFORM, OR SOLICIT
ITS DUES-PAYING MEMBERS OR DONORS, OR TO SEEK UPDATES OF THEIR
MEMBER-SPECIFIC DATA;
(o) THE MEMBER-SPECIFIC DATA IS SOUGHT BY THE DEPARTMENT OF
REVENUE TO DETERMINE A TAXPAYER'S COMPLIANCE WITH LAWS RELATING TO
THE DEDUCTION OF CONTRIBUTIONS TO A NONPROFIT ENTITY FROM A PERSON'S
TAXABLE INCOME; OR
(p) THE MEMBER-SPECIFIC DATA WAS VOLUNTARILY RELEASED TO THE
PUBLIC AGENCY BY THE PERSON OR THE NONPROFIT ENTITY TO WHICH THE DATA
RELATES.".
Page 7, line 7, after "EACH" insert "RECKLESS".
Page 7, after line 12 insert:
SECTION 3. In Colorado Revised Statutes, 24-72-204, add (10) as
follows:
24-72-204. Allowance or denial of inspection - grounds - procedure
- appeal - definitions - repeal. (10) THE CUSTODIAN OF ANY PUBLIC RECORDS
SHALL NOT REQUIRE A NONPROFIT ENTITY TO PRODUCE MEMBER-SPECIFIC DATA,
AS DEFINED IN SECTION 7-90-102 (36.5), THAT IS CONTAINED IN PUBLIC RECORDS
WHERE SUCH RECORDS ARE NOT SUBJECT TO INSPECTION AND COPYING
PURSUANT TO THIS SECTION. A CUSTODIAN SHALL DENY ANY REQUEST TO
INSPECT, COPY, OR REPRODUCE ANY MEMBER-SPECIFIC DATA IN THE POSSESSION
OF A PUBLIC AGENCY AND PROVIDED TO THE PUBLIC AGENCY BY A NONPROFIT
ENTITY. A CUSTODIAN SHALL NOT REQUIRE A NONPROFIT ENTITY TO PRODUCE
RECORDS AND INFORMATION RELATING TO THE IDENTIFICATION OF INDIVIDUAL
EMPLOYEES OF NONPROFIT ENTITIES WITH WHOM THE PUBLIC ENTITY
CONTRACTS FOR SERVICES OR OF INDIVIDUAL EMPLOYEES OF SUBCONTRACTORS
OF SUCH NONPROFIT ENTITIES.".
Renumber succeeding section accordingly.
Business,
Labor, &
Technology
Senate Journal, April 25
After consideration on the merits, the Committee recommends that SB24-129 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.
Amend the Business, Labor, and Technology Committee Report, dated March
28, 2024, page 1, strike lines 2 through 4 and substitute:
"Page 3 of the bill, line 21, strike "REQUIRED BY LAW; AND" and substitute
"PERMITTED BY LAW OR RULE OR IS NECESSARY TO ENFORCE OR ENSURE
COMPLIANCE WITH THE LAW OR RULES OF THE STATE; AND".".
Page 1 of the committee report, strike lines 15 through 20.
Page 2 of the committee report, strike lines 1 through 8 and substitute:
"Page 5 of the bill, strike lines 4 through 13 and substitute:
"(a) THE MEMBER-SPECIFIC DATA IS SPECIFICALLY IDENTIFIED IN A
LAWFUL SUBPOENA OR WARRANT THAT IS:
(I) ISSUED BY A COURT OF COMPETENT JURISDICTION OR IS ISSUED
UNDER THE AGENCY'S STATUTORY OR CONSTITUTIONAL AUTHORITY IN AN
ADMINISTRATIVE, CIVIL, OR CRIMINAL MATTER OR FOR AN ADMINISTRATIVE
PROCEEDING BEFORE AN ADMINISTRATIVE LAW JUDGE, A HEARING OFFICER, OR
OTHER DULY AUTHORIZED, QUASI-JUDICIAL OFFICIAL, INCLUDING THE
INDEPENDENT ETHICS COMMISSION AS AUTHORIZED BY ARTICLE XXIX OF THE
STATE CONSTITUTION; OR
(II) SERVED UPON A STATE OR LOCAL AGENCY FOR PURPOSES OF
FACILITATING A LAWFUL INVESTIGATION, SUBJECT TO THE CONDITIONS OF A
PROTECTIVE ORDER AS DIRECTED BY THE COURT OR AGENCY THAT ISSUED THE
SUBPOENA;
(b) (I) THE MEMBER-SPECIFIC DATA IS PRODUCED IN DISCOVERY UNDER
THE COLORADO RULES OF CIVIL PROCEDURE BEFORE A COURT OF COMPETENT
JURISDICTION OR AS AUTHORIZED BY JURISDICTION, AN ADMINISTRATIVE LAW
JUDGE, A HEARING OFFICER, OR OTHER DULY AUTHORIZED, QUASI-JUDICIAL
OFFICIAL, INCLUDING THE INDEPENDENT ETHICS COMMISSION AS AUTHORIZED
BY ARTICLE XXIX OF THE STATE CONSTITUTION, SO LONG AS THE PRESIDING
OFFICIAL ENTERS A PROTECTIVE ORDER PROHIBITING OR LIMITING THE
DISCLOSURE OF THE MEMBER-SPECIFIC DATA TO THE PUBLIC.
(II) A PROTECTIVE ORDER MAY BE ISSUED AS DESCRIBED IN THIS
SUBSECTION (3)(b) AT THE COURT'S DISCRETION IN DISCOVERY BY STATE OR
LOCAL AGENCIES ENGAGED IN SECURITIES AND COMMODITIES ENFORCEMENT,
LICENSING, OR EXAMINATION PROCEDURES.".".
Page 2 of the committee report, strike lines 16 through 19 and substitute "TO
QUALIFY FOR OR TO OPERATE A BUSINESS ACTIVITY IN THE STATE OR IN ORDER
FOR LICENSEES OR REGISTRANTS TO COMPLY WITH ONGOING REGULATORY
REQUIREMENTS, SO LONG AS THE MEMBER-SPECIFIC DATA IS USED ONLY IN
CONNECTION WITH LAWFUL REGULATORY OR ENFORCEMENT ACTIVITY TO
WHICH THE REQUEST RELATES AND FOR ANY RELATED PROCEEDINGS;".".
Page 2 of the committee report, strike line 35 and substitute "TO DETERMINE
WHETHER A PERSON THAT IS APPLYING FOR OR BEING EVALUATED FOR ANY".
Page 3 of the committee report, strike lines 2 and 3 and substitute "THE
APPLICANT, AS WELL AS PERSONS CONDUCTING THE EVALUATION, SO LONG AS
THE MEMBER-SPECIFIC DATA IS USED ONLY IN CONNECTION WITH THE SPECIFIC
APPLICATION FOR, OR EVALUATION FOR, A".
Page 3 of the committee report, strike lines 6 through 12 and substitute:
"(m) THE MEMBER-SPECIFIC DATA IS COLLECTED AND USED BY THE
OFFICE OF THE STATE AUDITOR FOR THE PURPOSE OF PERFORMING THE
FUNCTIONS OF THAT OFFICE OR IN AN AUDIT, EVALUATION, OR STUDY
CONDUCTED BY A PUBLIC AGENCY TO PERFORM ITS FUNCTIONS, SO LONG AS THE
MEMBER-SPECIFIC DATA IS USED ONLY FOR OFFICIAL STATE BUSINESS;".
Page 3 of the committee report, strike lines 21 through 23 and substitute:
"RELATING TO THE DEDUCTION OR CREDITS ARISING FROM CONTRIBUTIONS TO
A NONPROFIT ENTITY FROM A PERSON'S TAXABLE INCOME;
(p) THE MEMBER-SPECIFIC DATA IS PRODUCED FOR THE PURPOSES OF
ENFORCEMENT, EXAMINATION, OR OTHER SECURITIES AND COMMODITIES
REGULATORY MATTERS, INCLUDING COLLABORATION WITH OTHER SECURITIES
AND COMMODITIES ENFORCEMENT AND REGULATORY AGENCIES, INCLUDING,
BUT NOT LIMITED TO, INTERNATIONAL, FOREIGN, FEDERAL, STATE, AND
SELF-REGULATORY AGENCIES, SUCH AS THE FINANCIAL INDUSTRY REGULATORY
AUTHORITY;
(q) THE MEMBER-SPECIFIC DATA CONCERNS A MEMBER WHO HAS BEEN
ISSUED OR IS PRACTICING UNDER ANY CLASS OF LICENSE UNDER SECTION
44-20-108 OR 44-20-408; OR
(r) THE MEMBER-SPECIFIC DATA WAS VOLUNTARILY RELEASED TO".
Appro-
priations