Standards of Conduct

C.R.S. tit. 24, art. 18
in effect

C.R.S. § 24-18-101 Legislative declaration

24-18-101. Legislative declaration. The general assembly recognizes the importance of the participation of the citizens of this state in all levels of government in the state. The general assembly further recognizes that, when citizens of this state obtain public office, conflicts may arise between the public duty of such a citizen and his or her private interest. The general assembly hereby declares that the prescription of some standards of conduct common to those citizens involved with government is beneficial to all residents of the state. The provisions of this part 1 recognize that some actions are conflicts per se between public duty and private interest while other actions may or may not pose such conflicts depending upon the surrounding circumstances.

C.R.S. § 24-18-102 Definitions

24-18-102. Definitions. As used in this part 1, unless the context otherwise requires: (1) "Business" means any corporation, limited liability company, partnership, sole proprietorship, trust or foundation, or other individual or organization carrying on a business, whether or not operated for profit. (2) "Compensation" means any money, thing of value, or economic benefit conferred on or received by any person in return for services rendered or to be rendered by himself or another. (3) "Employee" means any temporary or permanent employee of a state agency or any local government, except a member of the general assembly and an employee under contract to the state. (4) "Financial interest" means a substantial interest held by an individual which is: (a) An ownership interest in a business; (b) A creditor interest in an insolvent business; (c) An employment or a prospective employment for which negotiations have begun; (d) An ownership interest in real or personal property; (e) A loan or any other debtor interest; or (f) A directorship or officership in a business. (5) "Local government" means the government of any county, city and county, city, town, special district, or school district. (6) "Local government official" means an elected or appointed official of a local government, but does not include an employee of a local government. "Local government official" includes a member of the board of commissioners of any airport authority created pursuant to article 3 of title 41. (7) "Official act" or "official action" means any vote, decision, recommendation, approval, disapproval, or other action, including inaction, which involves the use of discretionary authority. (8) "Public officer" means any elected officer, the head of a principal department of the executive branch, and any other state officer. "Public officer" does not include a member of the general assembly, a member of the judiciary, any local government official, or any member of a board, commission, council, or committee who receives no compensation other than a per diem allowance or necessary and reasonable expenses. (9) "State agency" means the state; the general assembly and its committees; every executive department, board, commission, committee, bureau, and office; every state institution of higher education, whether established by the state constitution or by law, and every governing board thereof; and every independent commission and other political subdivision of the state government except the courts.

C.R.S. § 24-18-103 Public trust - breach of fiduciary duty

24-18-103. Public trust - breach of fiduciary duty. (1) The holding of public office or employment is a public trust, created by the confidence which the electorate reposes in the integrity of public officers, members of the general assembly, local government officials, and employees. A public officer, member of the general assembly, local government official, or employee shall carry out his duties for the benefit of the people of the state. (2) A public officer, member of the general assembly, local government official, or employee whose conduct departs from his fiduciary duty is liable to the people of the state as a trustee of property and shall suffer such other liabilities as a private fiduciary would suffer for abuse of his trust. The district attorney of the district where the trust is violated may bring appropriate judicial proceedings on behalf of the people. Any moneys collected in such actions shall be paid to the general fund of the state or local government. Judicial proceedings pursuant to this section shall be in addition to any criminal action which may be brought against such public officer, member of the general assembly, local government official, or employee.

C.R.S. § 24-18-104 Rules of conduct for all public officers, members of the general assembly, local government officials, and employees

24-18-104. Rules of conduct for all public officers, members of the general assembly, local government officials, and employees. (1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty and the public trust. A public officer, a member of the general assembly, a local government official, or an employee shall not: (a) Disclose or use confidential information acquired in the course of his official duties in order to further substantially his personal financial interests; or (b) Accept a gift of substantial value or a substantial economic benefit tantamount to a gift of substantial value: (I) Which would tend improperly to influence a reasonable person in his position to depart from the faithful and impartial discharge of his public duties; or (II) Which he knows or which a reasonable person in his position should know under the circumstances is primarily for the purpose of rewarding him for official action he has taken. (2) An economic benefit tantamount to a gift of substantial value includes without limitation: (a) A loan at a rate of interest substantially lower than the commercial rate then currently prevalent for similar loans and compensation received for private services rendered at a rate substantially exceeding the fair market value of such services; or (b) The acceptance by a public officer, a member of the general assembly, a local government official, or an employee of goods or services for his or her own personal benefit offered by a person who is at the same time providing goods or services to the state or a local government under a contract or other means by which the person receives payment or other compensation from the state or local government, as applicable, for which the officer, member, official, or employee serves, unless the totality of the circumstances attendant to the acceptance of the goods or services indicates that the transaction is legitimate, the terms are fair to both parties, the transaction is supported by full and adequate consideration, and the officer, member, official, or employee does not receive any substantial benefit resulting from his or her official or governmental status that is unavailable to members of the public generally. (3) The following are not gifts of substantial value or gifts of substantial economic benefit tantamount to gifts of substantial value for purposes of this section: (a) Campaign contributions and contributions in kind reported as required by section 1-45-108, C.R.S.; (b) An unsolicited item of trivial value; (b.5) A gift with a fair market value of fifty-three dollars or less that is given to the public officer, member of the general assembly, local government official, or employee by a person other than a professional lobbyist. (c) An unsolicited token or award of appreciation as described in section 3 (3)(c) of article XXIX of the state constitution; (c.5) Unsolicited informational material, publications, or subscriptions related to the performance of official duties on the part of the public officer, member of the general assembly, local government official, or employee; (d) Payment of or reimbursement for reasonable expenses paid by a nonprofit organization or state and local government in connection with attendance at a convention, fact-finding mission or trip, or other meeting as permitted in accordance with the provisions of section 3 (3)(f) of article XXIX of the state constitution; (e) Payment of or reimbursement for admission to, and the cost of food or beverages consumed at, a reception, meal, or meeting that may be accepted or received in accordance with the provisions of section 3 (3)(e) of article XXIX of the state constitution; (f) A gift given by an individual who is a relative or personal friend of the public officer, member of the general assembly, local government official, or employee on a special occasion. to, and the cost of food or beverages consumed at, a reception, meal, or meeting that may be accepted or received in accordance with the provisions of section 3 (3)(e) of article XXIX of the state constitution; (f) A gift given by an individual who is a relative or personal friend of the public officer, member of the general assembly, local government official, or employee on a special occasion. (g) Payment for speeches, appearances, or publications that may be accepted or received by the public officer, member of the general assembly, local government official, or employee in accordance with the provisions of section 3 of article XXIX of the state constitution that are reported pursuant to section 24-6-203 (3)(d); (h) Payment of salary from employment, including other government employment, in addition to that earned from being a member of the general assembly or by reason of service in other public office; (i) A component of the compensation paid or other incentive given to the public officer, member of the general assembly, local government official, or employee in the normal course of employment; and (j) Any other gift or thing of value a public officer, member of the general assembly, local government official, or employee is permitted to solicit, accept, or receive in accordance with the provisions of section 3 of article XXIX of the state constitution, the acceptance of which is not otherwise prohibited by law. (4) The provisions of this section are distinct from and in addition to the reporting requirements of section 1-45-108, C.R.S., and section 24-6-203, and do not relieve an incumbent in or elected candidate to public office from reporting an item described in subsection (3) of this section, if such reporting provisions apply. (5) The amount of the gift limit specified in paragraph (b.5) of subsection (3) of this section, set at fifty-three dollars as of August 8, 2012, shall be identical to the amount of the gift limit under section 3 of article XXIX of the state constitution, and shall be adjusted for inflation contemporaneously with any adjustment of the constitutional gift limit pursuant to section 3 (6) of article XXIX.

C.R.S. § 24-18-105 Ethical principles for public officers, local government officials, and employees

24-18-105. Ethical principles for public officers, local government officials, and employees. (1) The principles in this section are intended as guides to conduct and do not constitute violations as such of the public trust of office or employment in state or local government. (2) A public officer, a local government official, or an employee should not acquire or hold an interest in any business or undertaking which he has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by an agency over which he has substantive authority. (3) A public officer, a local government official, or an employee should not, within six months following the termination of his office or employment, obtain employment in which he will take direct advantage, unavailable to others, of matters with which he was directly involved during his term of employment. These matters include rules, other than rules of general application, which he actively helped to formulate and applications, claims, or contested cases in the consideration of which he was an active participant. (4) A public officer, a local government official, or an employee should not perform an official act directly and substantially affecting a business or other undertaking to its economic detriment when he has a substantial financial interest in a competing firm or undertaking. (5) Public officers, local government officials, and employees are discouraged from assisting or enabling members of their immediate family in obtaining employment, a gift of substantial value, or an economic benefit tantamount to a gift of substantial value from a person whom the officer, official, or employee is in a position to reward with official action or has rewarded with official action in the past.

C.R.S. § 24-18-106 Rules of conduct for members of the general assembly

24-18-106. Rules of conduct for members of the general assembly. (1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the member of the general assembly committing the act has breached his fiduciary duty and the public trust. A member of the general assembly shall not accept a fee, a contingent fee, or any other compensation, except his official compensation provided by statute, for promoting or opposing the passage of legislation. (2) It shall not be a breach of fiduciary duty and the public trust for a member of the general assembly to: (a) Use state facilities or equipment to communicate or correspond with a member's constituents, family members, or business associates; (b) Accept or receive a benefit as an indirect consequence of transacting state business; or (c) Accept the payment of or reimbursement for actual and necessary expenses for travel, board, and lodging from any organization declared to be a joint governmental agency of this state under section 2-3-311 (2), C.R.S., if: (I) (A) The expenses are related to the member's attendance at a convention or meeting of the joint governmental agency at which the member is scheduled to deliver a speech, make a presentation, participate on a panel, or represent the state of Colorado or for some other legitimate state purpose; (B) The travel, board, and lodging arrangements are appropriate for purposes of the member's attendance at the convention or meeting; (C) The duration of the member's stay is no longer than is reasonably necessary for the member to accomplish the purpose of his or her attendance at the convention or meeting; (D) The member is not currently and will not subsequent to the convention or meeting be in a position to take any official action that will benefit the joint governmental agency; and (E) The attendance at conventions or meetings of the joint governmental agency has been approved by the executive committee of the legislative council or by the leadership of the house of the general assembly to which the member belongs; or (II) The general assembly pays regular monthly, annual, or other periodic dues to the joint governmental agency that are invoiced expressly to cover travel, board, and lodging expenses for the attendance of members at conventions or meetings of the joint governmental agency. (3) Notwithstanding any other provision of law, no member of the general assembly shall lobby, solicit lobbying business or contracts, or otherwise establish a lobbying business or practice respecting issues before the general assembly prior to the expiration of his or her term. Where the member tenders his or her resignation prior to the expiration of his or her term, the requirements of this subsection (3) shall apply up through the date of the member's resignation from office.

C.R.S. § 24-18-107 Ethical principles for members of the general assembly

24-18-107. Ethical principles for members of the general assembly. (1) The principles in this section are intended only as guides to a member of the general assembly in determining whether or not his conduct is ethical. (2) A member of the general assembly who has a personal or private interest in any measure or bill proposed or pending before the general assembly shall disclose the fact to the house of which he is a member and shall not vote thereon. In deciding whether or not he has such an interest, a member shall consider, among other things, the following: (a) Whether the interest impedes his independence of judgment; (b) The effect of his participation on public confidence in the integrity of the general assembly; and (c) Whether his participation is likely to have any significant effect on the disposition of the matter. (3) An interest situation does not arise from legislation affecting the entire membership of a class. (4) If a member of the general assembly elects to disclose the interest, he shall do so as provided in the rules of the house of representatives or the senate, but in no case shall failure to disclose constitute a breach of the public trust of legislative office.

C.R.S. § 24-18-108 Rules of conduct for public officers and state employees

24-18-108. Rules of conduct for public officers and state employees. (1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty. (2) A public officer or a state employee shall not: (a) Engage in a substantial financial transaction for his private business purposes with a person whom he inspects, regulates, or supervises in the course of his official duties; (b) Assist any person for a fee or other compensation in obtaining any contract, claim, license, or other economic benefit from his agency; (c) Assist any person for a contingent fee in obtaining any contract, claim, license, or other economic benefit from any state agency; or (d) Perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which he either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent. (3) A head of a principal department or a member of a quasi-judicial or rule-making agency may perform an official act notwithstanding paragraph (d) of subsection (2) of this section if his participation is necessary to the administration of a statute and if he complies with the voluntary disclosure procedures under section 24-18-110. (4) Repealed.

C.R.S. § 24-18-108.5 Rules of conduct for members of boards and commissions

24-18-108.5. Rules of conduct for members of boards and commissions. (1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty. (2) A member of a board, commission, council, or committee who receives no compensation other than a per diem allowance or necessary and reasonable expenses shall not perform an official act which may have a direct economic benefit on a business or other undertaking in which such member has a direct or substantial financial interest.

C.R.S. § 24-18-109 Rules of conduct for local government officials and employees

24-18-109. Rules of conduct for local government officials and employees. (1) Proof beyond a reasonable doubt of commission of any act enumerated in this section is proof that the actor has breached his fiduciary duty and the public trust. (2) A local government official or local government employee shall not: (a) Engage in a substantial financial transaction for his private business purposes with a person whom he inspects or supervises in the course of his official duties; (b) Perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which he either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent; or (c) Accept goods or services for his or her own personal benefit offered by a person who is at the same time providing goods or services to the local government for which the official or employee serves, under a contract or other means by which the person receives payment or other compensation from the local government, unless the totality of the circumstances attendant to the acceptance of the goods or services indicates that the transaction is legitimate, the terms are fair to both parties, the transaction is supported by full and adequate consideration, and the official or employee does not receive any substantial benefit resulting from his or her official or governmental status that is unavailable to members of the public generally. (3) (a) A member of the governing body of a local government who has a personal or private interest in any matter proposed or pending before the governing body shall disclose such interest to the governing body and shall not vote thereon and shall refrain from attempting to influence the decisions of the other members of the governing body in voting on the matter. (b) A member of the governing body of a local government may vote notwithstanding paragraph (a) of this subsection (3) if his participation is necessary to obtain a quorum or otherwise enable the body to act and if he complies with the voluntary disclosure procedures under section 24-18-110. (4) It shall not be a breach of fiduciary duty and the public trust for a local government official or local government employee to: (a) Use local government facilities or equipment to communicate or correspond with a member's constituents, family members, or business associates; or (b) Accept or receive a benefit as an indirect consequence of transacting local government business. (5) (a) Notwithstanding any other provision of this article 18, it is neither a conflict of interest nor a breach of fiduciary duty or the public trust for a local government official who is a member of the governing body of a local government to serve on a board of directors of a nonprofit entity and, when serving on the governing body, to vote on matters that may pertain to or benefit the nonprofit entity. (b) (I) Except as provided in subsection (5)(b)(II) of this section, a local government official is not required to provide or file a disclosure or otherwise comply with the requirements of subsection (3) of this section unless the local government official has a financial interest in, or the local government official or an immediate family member receives services from, the nonprofit entity independent of the official's membership on the board of directors of the nonprofit entity. (II) A local government official who serves on the board of directors of a nonprofit entity shall publicly announce his or her relationship with the nonprofit entity before voting on a matter that provides a direct and substantial economic benefit to the nonprofit entity.

C.R.S. § 24-18-110 Voluntary disclosure

24-18-110. Voluntary disclosure. A member of a board, commission, council, or committee who receives no compensation other than a per diem allowance or necessary and reasonable expenses, a member of the general assembly, a public officer, a local government official, or an employee may, prior to acting in a manner which may impinge on his fiduciary duty and the public trust, disclose the nature of his private interest. Members of the general assembly shall make disclosure as provided in the rules of the house of representatives and the senate, and all others shall make the disclosure in writing to the secretary of state, listing the amount of his financial interest, if any, the purpose and duration of his services rendered, if any, and the compensation received for the services or such other information as is necessary to describe his interest. If he then performs the official act involved, he shall state for the record the fact and summary nature of the interest disclosed at the time of performing the act. Such disclosure shall constitute an affirmative defense to any civil or criminal action or any other sanction.

C.R.S. § 24-18-111 Powers of the secretary of state

24-18-111. Powers of the secretary of state. (Repealed)

C.R.S. § 24-18-112 Board of ethics for the executive branch - created - duties

24-18-112. Board of ethics for the executive branch - created - duties. (1) There is hereby created a board of ethics for the executive branch of state government in the office of the governor. The board shall consist of five members to be appointed by and serve at the pleasure of the governor. (2) The board of ethics for the executive branch shall: (a) Comment, when requested by the governor, on each proposed gubernatorial appointment, including the heads of the principal departments and the senior members of the governor's office based upon the provisions of this article; (b) Upon written request of the governor, review complaints of any violation of the provisions of this article by a member of the executive branch of state government; (c) Make written recommendations to the governor concerning his requests; and (d) Review appeals brought before the board of ethics pursuant to section 24-30-1003 (4).

C.R.S. § 24-18-113 Board of ethics for the general assembly - created - duties

24-18-113. Board of ethics for the general assembly - created - duties. (1) (a) There is hereby created a board of ethics for the general assembly. The board shall consist of four legislative members. One member shall be appointed by and serve at the pleasure of the majority leader of the house of representatives; one member shall be appointed by and serve at the pleasure of the majority leader of the senate; one member shall be appointed by and serve at the pleasure of the minority leader of the house of representatives; and one member shall be appointed by and serve at the pleasure of the minority leader of the senate. (b) The terms of the members appointed by the majority and minority leaders of the house of representatives and the senate and who are serving on March 22, 2007, shall be extended to and expire on or shall terminate on the convening date of the first regular session of the sixty-seventh general assembly. As soon as practicable after such convening date, the majority and minority leaders of the house of representatives and the senate shall each appoint or reappoint members in the same manner as provided in paragraph (a) of this subsection (1). Thereafter, the terms of members appointed or reappointed by the majority and minority leaders of the house of representatives and the senate shall expire on the convening date of the first regular session of each general assembly, and all subsequent appointments and reappointments by the majority and minority leaders of the house of representatives and the senate shall be made as soon as practicable after such convening date. The person making the original appointment or reappointment shall fill any vacancy by appointment for the remainder of an unexpired term. Members appointed or reappointed by the majority and minority leaders of the house of representatives and the senate shall continue in office until the member's successor is appointed. (c) The members of the board of ethics for the general assembly are entitled to receive compensation and reimbursement of expenses as provided in section 2-2-326, C.R.S. (2) The board of ethics for the general assembly shall, upon written request of a member of the general assembly, issue advisory opinions concerning issues relating to the requesting member's conduct and the provisions of this article.

C.R.S. § 24-18-201 Interests in contracts

24-18-201. Interests in contracts. (1) Members of the general assembly, public officers, local government officials, or employees shall not be interested in any contract made by them in their official capacity or by any body, agency, or board of which they are members or employees. A former employee may not, within six months following the termination of his employment, contract or be employed by an employer who contracts with a state agency or any local government involving matters with which he was directly involved during his employment. For purposes of this section, the term: (a) "Be interested in" does not include holding a minority interest in a corporation. (b) "Contract" does not include: (I) Contracts awarded to the lowest responsible bidder based on competitive bidding procedures; (II) Merchandise sold to the highest bidder at public auctions; (III) Investments or deposits in financial institutions which are in the business of loaning or receiving moneys; (IV) A contract with an interested party if, because of geographic restrictions, a local government could not otherwise reasonably afford itself of the subject of the contract. It shall be presumed that a local government could not otherwise reasonably afford itself of the subject of a contract if the additional cost to the local government is greater than ten percent of a contract with an interested party or if the contract is for services that must be performed within a limited time period and no other contractor can provide those services within that time period. (V) A contract with respect to which any member of the general assembly, public officer, local government official, or employee has disclosed a personal interest and has not voted thereon or with respect to which any member of the governing body of a local government has voted thereon in accordance with section 24-18-109 (3)(b) or 31-4-404 (3), C.R.S. Any such disclosure shall be made: To the governing body, for local government officials and employees; in accordance with the rules of the house of representatives and the senate, for members of the general assembly; and to the secretary of state, for all others.

C.R.S. § 24-18-202 Interest in sales or purchases

24-18-202. Interest in sales or purchases. Public officers and local government officials shall not be purchasers at any sale or vendors at any purchase made by them in their official capacity.

C.R.S. § 24-18-203 Voidable contracts

24-18-203. Voidable contracts. Every contract made in violation of any of the provisions of section 24-18-201 or 24-18-202 shall be voidable at the instance of any party to the contract except the officer interested therein.

C.R.S. § 24-18-204 Dealings in warrants and other claims prohibited

24-18-204. Dealings in warrants and other claims prohibited. State officers, county officers, city and county officers, city officers, and town officers, as well as all other local government officials, and their deputies and clerks, are prohibited from purchasing or selling or in any manner receiving to their own use or benefit or to the use or benefit of any person or persons whatever any state, county, city and county, city, or town warrants, scrip, orders, demands, claims, or other evidences of indebtedness against the state or any county, city and county, city, or town thereof except evidences of indebtedness issued to or held by them for services rendered as such officer, deputy, or clerk, and evidences of the funded indebtedness of such state, county, city and county, city, or town.

C.R.S. § 24-18-205 Settlements to be withheld on affidavit

24-18-205. Settlements to be withheld on affidavit. (1) Every officer charged with the disbursement of public moneys who is informed by affidavit establishing probable cause that any officer whose account is about to be settled, audited, or paid by him has violated any of the provisions of this part 2 shall suspend such settlement or payment and cause such officer to be prosecuted for such violation by the district attorney of the appropriate jurisdiction. (2) If there is judgment for the defendant upon such prosecution, the proper officer may proceed to settle, audit, or pay such account as if no such affidavit had been filed.

C.R.S. § 24-18-206 Penalty

24-18-206. Penalty. A person who knowingly commits an act proscribed in this part 2 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. In addition to the penalties provided in section 18-1.3-501, the court may impose a fine of no more than twice the amount of the benefit the person obtained or was attempting to obtain in violating a provision of this part 2.

C.R.S. § 24-18-301 Definitions

24-18-301. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Accountability report" means a report developed pursuant to section 24-18-302 (2). (2) "Agency" means: (a) An agency of the state government or of a local government; or (b) A state institution of higher education. (3) "Decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals" means decisions that: (a) Result in the provision or denial of financial and lending services, housing, insurance, education enrollment, criminal justice, employment opportunities, health-care services, or access to basic necessities such as food and water; or (b) Impact the civil rights of individuals. (4) "Enroll", "enrolled", or "enrolling" means: (a) The process by which a facial recognition service: (I) Creates a facial template from one or more images of an individual; and (II) Adds the facial template to a gallery that is used by the facial recognition service for recognition or persistent tracking of individuals; or (b) The act of adding an existing facial template directly into a gallery that is used by a facial recognition service. (5) (a) "Facial recognition service" means technology that analyzes facial features to facilitate the identification, verification, or persistent tracking of individuals in still or video images. (b) "Facial recognition service" does not include: (I) The analysis of facial features to grant or deny access to an electronic device; (II) A generally available consumer product, including a tablet or smartphone, that allows for the analysis of facial features in order to facilitate the user's ability to manage an address book or still or video images for personal or household use; or (III) The use of an automated or semiautomated process by a law enforcement agency for the purpose of redacting a recording for release or disclosure to protect the privacy of a subject depicted in the recording, so long as the process does not generate or result in the retention of any biometric data or surveillance information. (6) "Facial template" means a machine-interpretable pattern of facial features that is extracted from one or more images of an individual by a facial recognition service. (7) "Identification" means the use of a facial recognition service by an agency to determine whether an unknown individual matches any individual whose identity is known to the agency and who has been enrolled by reference to that identity in a gallery used by the facial recognition service. (8) "Local government" means a statutory or home rule municipality, a county, or a city and county. (9) "Meaningful human review" means review or oversight by one or more individuals who are trained in accordance with section 24-18-305 and who have the authority to alter a decision under review. (10) "Nonidentifying demographic data" means data that is not linked or reasonably linkable to an identified or identifiable individual and includes information about an individual's gender, race, ethnicity, age, or location. (11) (a) "Ongoing surveillance" means the continual use of a facial recognition service by an agency to track in real time the physical movements of a specified individual through one or more public places. (b) "Ongoing surveillance" does not include a single recognition or attempted recognition of an individual if no attempt is made to subsequently track that individual's movement over time after the individual has been recognized. (12) "Persistent tracking" means the use of a facial recognition service by an agency to track the movements of an individual on a persistent basis without identification or verification of the individual. Tracking becomes persistent as soon as: (a) The facial template that permits the tracking is maintained for more than forty-eight hours after first enrolling that template; or been recognized. (12) "Persistent tracking" means the use of a facial recognition service by an agency to track the movements of an individual on a persistent basis without identification or verification of the individual. Tracking becomes persistent as soon as: (a) The facial template that permits the tracking is maintained for more than forty-eight hours after first enrolling that template; or (b) Data created by the facial recognition service is linked to any other data such that the individual who has been tracked is identified or identifiable. (13) "Recognition" means the use of a facial recognition service by an agency to determine whether an unknown individual matches: (a) Any individual who has been enrolled in a gallery used by the facial recognition service; or (b) A specific individual who has been enrolled in a gallery used by the facial recognition service. (14) "Reporting authority" means: (a) For a local government agency, the city council, county commission, or other local government agency in which legislative powers are vested; and (b) For a state agency, the office of information technology created in section 24-37.5-103. (15) "Verification" means the use of a facial recognition service by an agency to determine whether an individual is a specific individual whose identity is known to the agency and who has been enrolled by reference to that identity in a gallery used by the facial recognition service.

C.R.S. § 24-18-302 Notice of intent to use facial recognition service - accountability reports - public review and comment - notice - exemption

24-18-302. Notice of intent to use facial recognition service - accountability reports - public review and comment - notice - exemption. (1) On and after August 10, 2022, an agency that uses or intends to develop, procure, or use a facial recognition service shall file with its reporting authority a notice of intent to develop, procure, use, or continue to use the facial recognition service and specify a purpose for which the technology is to be used. (2) Except as described in subsection (8) of this section, after filing the notice of intent described in subsection (1) of this section, and prior to developing, procuring, using, or continuing to use a facial recognition service, an agency shall produce an accountability report for the facial recognition service. An accountability report must include: (a) (I) The name, vendor, and version of the facial recognition service; and (II) A description of its general capabilities and limitations, including reasonably foreseeable capabilities outside the scope of the agency's proposed use; (b) (I) The type of data inputs that the facial recognition service uses; (II) How data is generated, collected, and processed; and (III) The type of data the facial recognition service is reasonably likely to generate; (c) A description of the purpose and proposed use of the facial recognition service, including: (I) What decision will be used to make or support the facial recognition service; and (II) The intended benefits of the proposed use, including any data or research demonstrating those benefits; (d) A clear use and data management policy, including protocols for the following: (I) How, when, and by whom the facial recognition service will be deployed or used; to whom data will be available; the factors that will be used to determine where, when, and how the technology is deployed; and other relevant information, such as whether the technology will be operated continuously or used only under specific circumstances; (II) If the facial recognition service will be operated or used by an entity on the agency's behalf, a description of the entity's access and any applicable protocols; (III) Any measures taken to minimize inadvertent collection of additional data beyond the amount necessary for the specific purpose for which the facial recognition service will be used; (IV) Data integrity and retention policies applicable to the data collected using the facial recognition service, including how the agency will maintain and update records used in connection with the service, how long the agency will keep the data, and the processes by which data will be deleted; (V) What processes will be required prior to each use of the facial recognition service; (VI) Data security measures applicable to the facial recognition service, including: (A) How data collected using the facial recognition service will be securely stored and accessed; and (B) If an agency intends to share access to the facial recognition service or the data from that facial recognition service with any third party that is not a law enforcement agency, the rules and procedures by which the agency will ensure that the third party complies with the agency's use and data management policy; (VII) The agency's training procedures, including those implemented in accordance with section 24-18-305, and how the agency will ensure that all personnel who operate the facial recognition service or access its data are knowledgeable about and able to ensure compliance with the use and data management policy before using the facial recognition service; and (VIII) Any other policies that will govern use of the facial recognition service; (e) The agency's testing procedures, including its processes for periodically undertaking operational tests of the facial recognition service in accordance with section 24-18-304; owledgeable about and able to ensure compliance with the use and data management policy before using the facial recognition service; and (VIII) Any other policies that will govern use of the facial recognition service; (e) The agency's testing procedures, including its processes for periodically undertaking operational tests of the facial recognition service in accordance with section 24-18-304; (f) Information concerning the facial recognition service's rate of false matches, potential impacts on protected subpopulations, and how the agency will address error rates that are determined independently to be greater than one percent; (g) A description of any potential impacts of the facial recognition service on civil rights and liberties, including potential impacts to privacy and potential disparate impacts on marginalized communities, including the specific steps the agency will take to mitigate the potential impacts; and (h) The agency's procedures for receiving feedback, including the channels for receiving feedback, from individuals affected by the use of the facial recognition service and from the community at large, as well as the procedures for responding to feedback. (3) Prior to finalizing an accountability report, an agency shall: (a) Allow for a public review and comment period; (b) Hold at least three public meetings to obtain feedback from communities; and (c) Consider the issues raised by the public through the public meetings. (4) At least ninety days before an agency puts a facial recognition service into operational use, the agency shall post the final adopted accountability report on the agency's public website and submit it to the agency's reporting authority. The reporting authority shall post the most recent version of each submitted accountability report on its public website. (5) An agency shall update its final accountability report and submit the updated accountability report to the agency's reporting authority at least every two years. (6) An agency seeking to procure a facial recognition service must require each vendor to disclose any complaints or reports of bias regarding the vendor's facial recognition service. (7) An agency seeking to use a facial recognition service for a purpose not disclosed in the agency's existing accountability report must: (a) Seek and consider public comments and community input concerning the proposed new use; and (b) In response to such comments and input, adopt an updated accountability report as described in this section. (8) The requirements of subsections (2), (3), (4), (5), and (7) of this section concerning accountability reports do not apply to an agency's procurement or use of a facial recognition service if: (a) The facial recognition service is part of a generally available consumer product; (b) The facial recognition service is included in the consumer product only for personal or household use; and (c) The agency certifies publicly that the facial recognition service is not the reason for the agency's procurement or use of the consumer product and will not be used for governmental purposes.

C.R.S. § 24-18-303 Use of facial recognition service - meaningful human review of certain decisions required

24-18-303. Use of facial recognition service - meaningful human review of certain decisions required. An agency using a facial recognition service to make decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals must ensure that those decisions are subject to meaningful human review.

C.R.S. § 24-18-304 Use of facial recognition service - testing required before use in certain contexts - testing capability required - exemption

24-18-304. Use of facial recognition service - testing required before use in certain contexts - testing capability required - exemption. (1) Except as described in subsection (4) of this section, before deploying a facial recognition service in a context in which it will be used to make decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals, an agency must test the facial recognition service in operational conditions. An agency must take reasonable steps to ensure best quality results by following all guidance provided by the developer of the facial recognition service. (2) (a) Except as described in subsection (4) of this section, an agency that deploys a facial recognition service shall require the facial recognition service provider to make available an application programming interface or other technical capability, chosen by the provider, to enable legitimate, independent, and reasonable tests of the facial recognition service for accuracy and to identify unfair performance differences across distinct subpopulations, including subpopulations that are defined by visually detectable characteristics such as: (I) Race, skin tone, ethnicity, gender, age, or disability status; or (II) Other protected characteristics that are objectively determinable or self-identified by the individuals portrayed in the testing dataset. (b) If the results of independent testing identify material unfair performance differences across subpopulations, the provider must develop and implement a plan to mitigate the identified performance differences within ninety days after receipt of the results. (c) Subsection (2)(a) of this section does not require a provider to disclose proprietary material or make available an application programming interface or other technical capability in a manner that would increase the risk of cyber attacks. Providers bear the burden of minimizing these risks when making an application programming interface or other technical capability available for testing purposes. (3) Nothing in this section requires an agency to collect or provide data to a facial recognition service provider to satisfy the requirements in subsection (1) of this section. (4) The requirements of subsections (1) and (2) of this section do not apply if the facial recognition service provider is a participant in the face recognition vendor test ongoing project of the national institute of standards and technology.

C.R.S. § 24-18-305 Use of facial recognition service - training of users required

24-18-305. Use of facial recognition service - training of users required. (1) An agency using a facial recognition service must conduct periodic training of all individuals who operate a facial recognition service or who process personal data obtained from the use of a facial recognition service. (2) The training required by subsection (1) of this section must include coverage of: (a) The capabilities and limitations of the facial recognition service; (b) Procedures to interpret and act on the output of the facial recognition service; and (c) To the extent applicable to the deployment context, the meaningful human review requirement for decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals.

C.R.S. § 24-18-306 Use of facial recognition service - record keeping required

24-18-306. Use of facial recognition service - record keeping required. An agency using a facial recognition service shall maintain records of its use of the service that are sufficient to facilitate public reporting and auditing of compliance with the agency's use and data management policies developed as part of the agency's accountability report pursuant to section 24-18-302 (2)(d).

C.R.S. § 24-18-307 Use of facial recognition service by law enforcement agencies - surveillance and tracking - prohibited uses - warrants

24-18-307. Use of facial recognition service by law enforcement agencies - surveillance and tracking - prohibited uses - warrants. (1) A law enforcement agency shall not use a facial recognition service to engage in ongoing surveillance, conduct real-time or near real-time identification, or start persistent tracking unless: (a) The law enforcement agency obtains a warrant authorizing such use; (b) Such use is necessary to develop leads in an investigation; (c) The law enforcement agency has established probable cause for such use; or (d) The law enforcement agency obtains a court order authorizing the use of the service for the sole purpose of locating or identifying a missing person or identifying a deceased person. A court may issue an ex parte order under this subsection (1)(d) if a law enforcement officer certifies and the court finds that the information likely to be obtained is relevant to locating or identifying a missing person or identifying a deceased person. (2) A law enforcement agency shall not apply a facial recognition service to any individual based on the individual's religious, political, or social views or activities; participation in a particular noncriminal organization or lawful event; or actual or perceived race, ethnicity, citizenship, place of origin, immigration status, age, disability, gender, gender expression, gender identity, sexual orientation, or other characteristic protected by law. (3) A law enforcement agency shall not use a facial recognition service to create a record depicting any individual's exercise of rights guaranteed by the first amendment of the United States constitution and by section 10 of article II of the state constitution. (4) A law enforcement agency shall not use the results of a facial recognition service as the sole basis to establish probable cause in a criminal investigation. The results of a facial recognition service may be used in conjunction with other information and evidence lawfully obtained by a law enforcement officer to establish probable cause in a criminal investigation. (5) A law enforcement agency shall not substantively manipulate an image for use in a facial recognition service in a manner not consistent with the facial recognition service provider's intended use and training.

C.R.S. § 24-18-308 Use of facial recognition service by agencies - disclosure to criminal defendant required - warrants

24-18-308. Use of facial recognition service by agencies - disclosure to criminal defendant required - warrants. (1) An agency shall disclose its use of a facial recognition service on a criminal defendant to that defendant in a timely manner prior to trial. (2) In January of each year, any judge who has issued or extended a warrant for the use of a facial recognition service as described in section 24-18-307 during the preceding year, or who has denied approval of such a warrant during that year, shall report to the state court administrator: (a) The fact that a warrant or extension was applied for; (b) The fact that the warrant or extension was granted as applied for, was modified, or was denied; (c) The period of surveillance authorized by the warrant and the number and duration of any extensions of the warrant; (d) The identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; and (e) The nature of the public spaces where the surveillance was conducted. (3) In January of each year, any agency that has applied for a warrant or an extension of a warrant for the use of a facial recognition service to engage in any surveillance as described in section 24-18-307 shall provide to the agency's reporting authority a report summarizing nonidentifying demographic data of individuals named in warrant applications as subjects of surveillance with the use of a facial recognition service.

C.R.S. § 24-18-309 Use of facial recognition service - applicability and exemptions

24-18-309. Use of facial recognition service - applicability and exemptions. (1) Notwithstanding any provision of this part 3 to the contrary, this part 3 does not apply to: (a) An agency that: (I) Is required to use a specific facial recognition service pursuant to a federal regulation or order, or that uses a facial recognition service in partnership with a federal agency to fulfill a congressional mandate, fulfill aviation security directives, or comply with federal law; (II) Uses a facial recognition service in association with a federal agency to verify the identity of individuals presenting themselves for travel at an airport; or (III) Uses a facial recognition service in connection with a physical access control system in order to grant or deny access to a secure area; (b) The use of a facial recognition service solely for research purposes by a state agency so long as the use does not result in or affect any decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals; or (c) A utility.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-24.docxFetched: 10/6/2026

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