Bill Sponsor
Colorado Senate Bill 129
Session 2024A
Nonprofit Member Data Privacy & Public Agencies
Active
Active
Passed House on May 5, 2024
Sponsors
Republican
Byron Pelton
Democrat
Chris Kolker
Democrat
Chris Kennedy
Republican
Lisa Frizell
First Action
Feb 6, 2024
Latest Action
May 10, 2024
Origin Chamber
Senate
Type
Bill
Bill Number
129
State
Colorado
Session
2024A
Sponsorship by Party
Republican
Primary
Democrat
Primary
Democrat
Primary
Republican
Primary
Summary
With certain exceptions, the bill prohibits a public agency from: Requiring any person to provide the public agency with data that may identify a member of a nonprofit entity (member-specific data) or compelling the disclosure of member-specific data; Disclosing member-specific data to any person; or Requesting or requiring a current or prospective contractor or a current or prospective grantee of a grant program administered by the public agency to provide a list of nonprofit entities to which the current or prospective contractor or grantee has provided financial or nonfinancial support. A nonprofit entity or any of its members affected adversely by a public agency's violation of the bill's provisions may initiate a civil action against the public agency in district court for injunctive relief, damages, or such other relief as is appropriate. Notwithstanding existing laws concerning governmental immunity, a court may award damages against a public agency that violates the bill's provisions as follows: Not less than $2,500 for each reckless violation; and Not less than $7,500 for each intentional violation. A court may also award the costs of litigation to a complainant that prevails in such an action. The bill prohibits a custodian of public records (custodian) from requiring a nonprofit entity to produce member-specific data that is contained in public records where such records are not subject to inspection and copying pursuant to the "Colorado Open Records Act". A custodian must 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 must 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. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Actions (13)
05/10/2024
Office of the Governor
Sent to the Governor
05/10/2024
House
Signed by the Speaker of the House
05/09/2024
Senate
Signed by the President of the Senate
05/05/2024
House
House Third Reading Passed - No Amendments
05/04/2024
House
House Second Reading Special Order - Passed - No Amendments
05/03/2024
House
House Second Reading Laid Over Daily - No Amendments
05/01/2024
House
House Committee on Business Affairs & Labor Refer Unamended to House Committee of the Whole
04/26/2024
House
Introduced In House - Assigned to Business Affairs & Labor
04/26/2024
Senate
Senate Third Reading Passed - No Amendments
04/25/2024
Senate
Senate Second Reading Special Order - Passed with Amendments - Committee
04/25/2024
Senate
Senate Committee on Appropriations Refer Amended - Consent Calendar to Senate Committee of the Whole
03/28/2024
Senate
Senate Committee on Business, Labor, & Technology Refer Amended to Appropriations
02/06/2024
Senate
Introduced In Senate - Assigned to Business, Labor, & Technology
Sources
Record Created
Feb 7, 2024 12:56:27 AM
Record Updated
May 11, 2024 2:35:11 AM