C.R.S.
Section 42-1-206
Records open to inspection
- furnishing of copies
- rules
(1)
Intentionally left blank —Ed.(a)
Except as provided in part 2 of article 72 of title 24, C.R.S., and subsection (6) of this section, 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 relating thereto as the executive director of the department may prescribe.(b)
Intentionally left blank —Ed.(I)
For purposes of subsections (1) to (3) and (5) of this section, “law” means the federal “Driver’s Privacy Protection Act of 1994”, 18 U.S.C. sec. 2721 et seq., the federal “Fair Credit Reporting Act”, 15 U.S.C. sec. 1681 et seq., part 2 of article 72 of title 24, part 21 of article 30 of title 24, article 74 of title 24, and this section. The department shall prepare a requester release form and make the form available to the department’s authorized agents. The form must include the following:(A)
A statement indicating whether the requester will use the motor vehicle or driver records or transfer or resell such records to another person for any purpose prohibited by law;(B)
A warning that any person using motor vehicle or driver records, or obtaining, reselling, or transferring these records, for purposes prohibited by law may be subject to civil or criminal penalties under federal and state law; and(C)
An affidavit of intended use that states that such requester shall not obtain, use, resell, or transfer the information for any purpose prohibited by law.(II)
The department or an authorized agent shall require any person, other than a person in interest as defined in section 24-72-202 (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 requester release form and, under penalty of perjury, an affidavit of intended use prior to providing the record to such person. The department or authorized agent may allow inspection of motor vehicle and driver records only as authorized under section 24-72-204 (7), C.R.S.(2)
Intentionally left blank —Ed.(a)
Except as provided in subsection (6) of this section, upon written application and the payment of a fee per copy, or a record search 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 this title and shall, if requested, certify the same. The department shall set the fee in accordance with section 42-2-114.5. The department shall transfer the fee to the state treasurer, who shall credit the fee to the Colorado DRIVES vehicle services account created in section 42-1-211 (2).(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.(3)
Repealed. / (Deleted by amendment, L. 99, p. 345, § 3, effective April 16, 1999.)(3.5)(a) The department shall not sell, permit the sale of, or otherwise release to anyone other than the person in interest any photograph, electronically stored photograph, digitized image, fingerprint, or social security number filed with, maintained by, or prepared by the department of revenue pursuant to section 42-2-121 (2)(c)(I)(F) or (2)(c)(I)(H).(b)
Nothing in this subsection (3.5) shall prevent the department from sharing any information with a criminal justice agency as defined in section 24-72-302 (3); except that this subsection (3.5) does not apply to a request made for the purpose of investigating for, participating in, or assisting in federal immigration enforcement, including enforcement of civil immigration laws, 8 U.S.C. sec. 1325 and 8 U.S.C. sec. 1326, except as required by federal law or state law or as required to comply with a court-issued subpoena, warrant, or order.(e)
Notwithstanding subsection (3.5)(a) of this section or part 3 of article 72 of title 24, the department may transmit the driver or cardholder image from its driver’s license and identification card records to the driver licensing agency of any other state for the purposes of identifying driver’s license applicants and violators. The department may promulgate rules to implement this provision.(3.7)
Intentionally left blank —Ed.(a)
The department shall establish a system to allow bulk electronic transfer of information to primary users and vendors who are permitted to receive such information pursuant to section 24-72-204 (7), C.R.S. Bulk transfers to vendors shall be limited strictly to vendors who transfer or resell such information for purposes permitted by law. Such information shall consist of the information contained in a driver’s license application under section 42-2-107, a driver’s license renewal application under section 42-2-118, a duplicate driver’s license application under section 42-2-117, a commercial driver’s license application under section 42-2-403, an identification card application under section 42-2-302, a motor vehicle title application under section 42-6-116, a motor vehicle registration application under section 42-3-113, or other official record or document maintained by the department under section 42-2-121.(b)
The department shall promulgate rules governing annual contracts with primary users and vendors for the purpose of establishing bulk electronic transfer of information to primary users and vendors pursuant to an annual affidavit and release form and shall require that the contracts include, at a minimum:(I)
A provision for a reasonable fee that encompasses all direct costs of the department related to the bulk electronic transfer of information to that primary user or vendor;(II)
A provision that prohibits any use not otherwise authorized by law;(III)
A provision that requires the primary user or vendor to specify the designated use and recipients of the information; and(IV)
A provision that prohibits any resale or transfer of the information other than as specified in the contract or in a manner that is prohibited by law.(c)
Repealed.(d)
The department shall provide bulk electronic transfer in accordance with the limitations and restrictions regarding release of information in this section as well as section 24-72-204, C.R.S. The department shall not release photographs, electronically stored photographs, digitized images, or fingerprints filed with, maintained by, or prepared by the department through bulk electronic transfer.(e)
The department shall forward all fees collected pursuant to contracts entered into with primary users or vendors pursuant to this subsection (3.7) to the state treasurer, who shall credit the same to the highway users tax fund. The general assembly shall make annual appropriations from the general fund for the costs associated with the administration of this subsection (3.7).(f)
The executive director of the department shall promulgate rules as are consistent with current law and necessary to carry out the provisions of this subsection (3.7).(4)
Notwithstanding the amount specified for any fee in this section, the executive director of the department by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the department by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.(5)
A person who willfully and knowingly obtains, resells, transfers, or uses information in violation of law:(a)
Is liable to any injured party for treble damages, reasonable attorney fees, and costs;(b)
Is subject to being denied access to the records by the department. The department may temporarily or permanently deny access to or place restrictions on the access of a person who violates this subsection (5).(6)
The record of conviction and actions taken by the department for violating section 18-13-122 or 44-3-901 (1)(d), held by the department of revenue, shall not be a public record after the period of revocation imposed under such sections has been concluded; except that this subsection (6) shall not prevent the department from sharing such information with a criminal justice agency as defined in section 24-72-302 (3).
Source:
Section 42-1-206 — Records open to inspection - furnishing of copies - rules, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-42.pdf (accessed Oct. 20, 2023).
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