Section 8-20.5-105 - Confidentiality(1) Any records, reports, and information obtained from any person under the provisions of this article shall be available to the public; except that any records granted confidentiality by the director of the division of oil and public safety or a designee, or granted confidentiality under existing Colorado statutes or rules, shall remain confidential.(2) Any person making such confidential records available to any person or organization without authorization from the affected operator or owner commits a petty offense and shall be punished pursuant to section 18-1.3-503.(3) Confidential records may be disclosed to officers, employees, or authorized representatives of the state or of the United States who have been charged with administering this article or subtitle I of the federal "Resource Conservation and Recovery Act of 1976", as amended. Such disclosure shall not constitute a waiver of confidentiality.Amended by 2022 Ch. 421,§17, eff. 8/10/2022.Amended by 2022 Ch. 68,§40, eff. 3/1/2022.Amended by 2021 Ch. 462,§93, eff. 3/1/2022.L. 95: Entire article added, p. 397, § 1, effective July 1. L. 2001: (1) amended, p. 1126, § 45, effective June 5. L. 2002: (2) amended, p. 1467, § 19, effective October 1. (1) This section is similar to former § 25-18-106 as it existed prior to 1995.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3). (1) For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002. (2) For the "Resource Conservation and Recovery Act of 1976", as amended, see Pub.L. 94-580, codified at 42 U.S.C. §6901 et seq.