SB 24-129 CO Became Law
Nonprofit Member Data Privacy & Public Agencies
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Summary
With certain exceptions, the act 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 act'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 act'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 act prohibits a custodian of public records (custodian) from requiring a nonprofit entity to produce member-specific data that is contained in public records if 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. APPROVED by Governor May 28, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Sponsors (4)
- Byron Pelton Republican · primary
- Chris Kolker Democratic · primary
- Chris deGruy Kennedy · primary
- Lisa Frizell Republican · primary
Action history (14)
- May 28, 2024 Governor Signed · executive
- May 10, 2024 Sent to the Governor · executive
- May 10, 2024 Signed by the Speaker of the House · lower
- May 9, 2024 Signed by the President of the Senate · upper
- May 5, 2024 House Third Reading Passed - No Amendments · lower
- May 4, 2024 House Second Reading Special Order - Passed - No Amendments · lower
- May 3, 2024 House Second Reading Laid Over Daily - No Amendments · lower
- May 1, 2024 House Committee on Business Affairs & Labor Refer Unamended to House Committee of the Whole · lower
- Apr 26, 2024 Introduced In House - Assigned to Business Affairs & Labor · lower
- Apr 26, 2024 Senate Third Reading Passed - No Amendments · upper
- Apr 25, 2024 Senate Second Reading Special Order - Passed with Amendments - Committee · upper
- Apr 25, 2024 Senate Committee on Appropriations Refer Amended - Consent Calendar to Senate Committee of the Whole · upper
- Mar 28, 2024 Senate Committee on Business, Labor, & Technology Refer Amended to Appropriations · upper
- Feb 6, 2024 Introduced In Senate - Assigned to Business, Labor, & Technology · upper
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