(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: L. 2022: Entire part added, (SB 22-113), ch. 463, p. 3292, � 4, effective August 10.
24-18.2-101. Collection of demographic information - required categories - definition. [Editor's note: This section is effective September 1, 2026.]
(1) As used in this section, unless the context otherwise requires:
(a) Form means a document that collects population-level demographic data that is not individually identifiable.
(b) State means the government of this state, and every state department, including the department of education, agency, board, commission, institution of higher education, special purpose authority, as defined in section 24-77-102 (15), or authorized agent of the state.
(2) (a) Except as otherwise provided in subsection (2)(b)(I) of this section, a form issued by the state or a state agency that requests that the individual completing the form disclose the individual's race or ethnicity must include, in addition to spaces for any other racial or ethnic categories required by the federal office of management and budget, a space to indicate that the individual's race or ethnicity is Middle Eastern, North African, or South Asian.
(b) (I) The state is exempt from the requirements of subsection (2)(a) of this section if:
(A) The demographic data collected in the form is reported by the state to the federal government; and
(B) The federal government rejects or will reject the demographic data reported by the state because it includes Middle Eastern, North African, or South Asian as a primary demographic category.
(II) When exercising the exemption, the state shall include Middle Eastern, North African, or South Asian as a demographic subcategory of the non-specific racial category on the form.
Source: L. 2025: Entire article added, (SB 25-050), ch. 181, p. 777, � 1, effective September 1, 2026.
Editor's note: Section 3(2) of chapter 181 (SB 25-050), Session Laws of Colorado 2025, provides that the act adding this article 18.2 applies to state and local government forms that request that the individual completing the form disclose the individual's race or ethnicity and that are provided to individuals for completion on or after September 1, 2026.