(1) (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) (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) (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.
(c) (Deleted by amendment, L. 2000, p. 1340, � 2, effective May 30, 2000.)
(d) The department of revenue shall make every effort to retrieve all copies
of photographs, electronically stored photographs, or digitized images that may
have been sold by the department under subsection (3), as said subsection existed
prior to its repeal in 1999, of this section.
(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) (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).