Montezuma County declines state PII certification, directs attorney and public health director to respond

Montezuma County commissioners on Jan. 14 declined to sign a state-required annual certification that would affirm the county will not use personal identifying information (PII) from certain state databases to assist federal immigration enforcement, and they authorized the county attorney and the public health director to draft a response to the state explaining the county’s decision.

The board’s action followed a lengthy public discussion about the statute — enacted in 2022, according to the county attorney — that requires third parties seeking access to nonpublic state databases containing PII to certify under penalty of perjury they will not use that information for immigration enforcement except where compelled by a court-issued subpoena, warrant or order. The county attorney told the board the new law requires an annual certification to maintain access to those databases.

Why it matters: Montezuma County public health programs rely on access to federal and state databases — including WIC and immunization information systems — to deliver services and to meet program reporting requirements. Commissioners said they were concerned the state form singled out immigration enforcement and that signing it could be interpreted as changing how the county treats specific populations. The county attorney said the legal obligations to comply with subpoenas and warrants did not change under the law, but that failure to sign could, in practice, threaten access to databases or funding tied to programs that use them.

Discussion and board direction The county attorney summarized the law and its practical effect: the form is a state-created certification that someone at the county must sign each year to continue using certain databases. He said 62 of Colorado’s 64 counties had signed the form and noted uncertainty about the consequences of declining to sign. The public health director, Bobby Locke, told the board the health department already protects client PII and releases it only in response to subpoenas, warrants or orders. "Every client we see, no matter where they come from, who they are, we protect their personal identifying information and health information," Locke said.

The board emphasized it had already declined to sign the form in a prior meeting. Commissioners expressed frustration with the state’s repeated requests and with the broader question of whether funding could be withheld if the county refused to certify. One commissioner said the board would continue to deny the form and asked county staff to "go back and figure it out" with the state if necessary.

Outcome and next steps Rather than signing the state form, the board authorized the county attorney and Bobby Locke to draft a written reply to the Colorado Department of Public Health and Environment (CDPHE) (the agency referenced in meeting discussion) explaining the county’s reasons for declining to sign and affirming that the county intends to follow applicable state and federal law. Commissioners said they would continue to decline the certification for now and would revisit the matter if the state responds with concrete consequences.

Clarifying details and open questions - The statute creating the certification requirement was described in the meeting as enacted in 2022; the board did not cite a specific statute number during the discussion (not specified). - The county attorney said 62 of 64 counties have signed the state form; Weld County had pursued alternate language that was not accepted by the state. - The public health director identified WIC and the immunization information system as examples of databases relied on by the health department. - The board and staff repeatedly noted uncertainty about whether refusing to sign would lead to loss of state funding or database access; no definitive answer was provided during the meeting.

Ending The board asked staff to return with further information if the state provides details about practical consequences. In the meantime, county leadership said it would continue to publicly decline the certification and will send an explanatory response drafted by the county attorney and the public health director.