Montezuma County declines state PII certification, authorizes written response

Montezuma County commissioners on Jan. 14 reiterated their refusal to sign a Colorado state certification that would permit continued access to certain non‑public databases containing personal identifying information (PII), and authorized the county attorney and the county public health director to draft and send an explanatory response to the state.

The discussion centered on a state law requiring a yearly certification that third parties will not use PII obtained from state databases to assist federal immigration enforcement except as required by court order, subpoena or warrant. County Attorney Steven (first name used in the record) explained that the statute, enacted in 2022, requires a certification under penalty of perjury as a condition for database access and said the requirement itself does not change existing obligations to respond to lawful subpoenas and warrants. Public Health Director Bobby Locke said the county’s health department already protects patient data and releases it only when required by law: “Every client we see, no matter where they come from, who they are, we protect their personal identifying information and health information. And the only way we release it is through these measures, you know, a subpoena, a warrant, those types of things.”

Commissioners said their earlier, public decision to decline the state form remains in place. Board members and staff noted two practical concerns: 1) the county has not received a definitive answer from the state about what, if any, funding or database access consequences would follow a continued refusal to sign, and 2) many other counties (the attorney said roughly 62 of 64) have signed the form while some, including Weld County, pursued alternate language with the state.

While commissioners did not reverse the prior denial, the board authorized the county attorney and the public health director to prepare a written reply to the state that documents the county’s decision and reiterates that county departments will follow applicable state and federal law. Commissioners said the intent of the response is to make clear the county is not planning to share PII outside legal requirements and to ask the state to confirm possible operational or funding consequences if the county continues to decline the certification.

The board did not take a bill or budgetary vote related to the state request at the meeting. Commissioners asked staff to monitor any subsequent communications from the Colorado Department of Public Health and Environment or other state agencies and to report back if the county faces concrete funding or access impacts.