C.R.S. § 24-18.2-101: Collection of demographic information - required categories - definition.

(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.