Colorado 2023 Regular Session

Colorado Senate Bill SB286 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0416.03 Nicole Myers x4326
1	8		SENATE BILL 23-286
2		-	BY SENATOR(S) Hansen, Bridges, Exum, Moreno, Priola;
3		-	also REPRESENTATIVE(S) Snyder and Soper, Brown, Hamrick, Lindsay,
4		-	Ricks, Titone.
	9	+	Senate Committees House Committees
	10	+	State, Veterans, & Military Affairs State, Civic, Military, & Veterans Affairs
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
5	13		C
6		-	ONCERNING IMPROVING PUBLIC ACCESS TO GOVERNMENT RECORDS .
7		-	Be it enacted by the General Assembly of the State of Colorado:
8		-	SECTION 1. In Colorado Revised Statutes, 24-72-203, amend
9		-	(1)(a), (3.5)(a)(II), (3.5)(b) introductory portion, and (3.5)(b)(II); and add
10		-	(3.5)(a)(IV) and (3.5)(a)(V) as follows:
11		-	24-72-203. Public records open to inspection. (1) (a) All public
12		-	records shall be open for inspection by any person at reasonable times,
13		-	except as provided in this part 2 or as otherwise provided by law, but the
14		-	official custodian of any public records may make such rules with reference
15		-	to the inspection of such records as are reasonably necessary for the
16		-	protection of such records and the prevention of unnecessary interference
17		-	with the regular discharge of the duties of the custodian or the custodian's
18		-	office. E
19		-	XCEPT AS OTHERWISE REQUIRED BY SECTION 24-72-204 (3.5)(g),
20		-	AND EXCEPT WHEN A RECORD REQUESTED IS CONFIDENTIAL AND ACCESSIBLE
21		-	ONLY ON THE BASIS THAT THE REQUESTER IS THE PERSON IN INTEREST
22		-	, A
23		-	________
24		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
25		-	through words or numbers indicate deletions from existing law and such material is not part of
26		-	the act. CUSTODIAN OF PUBLIC RECORDS SHALL NOT REQUIRE A REQUESTER TO
27		-	PROVIDE THE CUSTODIAN WITH ANY FORM OF IDENTIFICATION TO REQUEST
28		-	OR INSPECT RECORDS PURSUANT TO THIS PART
29		-	2.
30		-	(3.5) (a) Except as otherwise required by subsection (3.5)(b) of this
31		-	section:
32		-	(II) If a public record is stored in a digital format that is searchable,
33		-	but not sortable, the custodian shall provide a DIGITAL copy of the public
34		-	record in a searchable format
35		-	UNLESS OTHERWISE REQUESTED BY THE
36		-	REQUESTER
37		-	.
	14	+	ONCERNING IMPROVING
	15	+	PUBLIC ACCESS TO GOVERNMENT RECORDS .101
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov
	22	+	.)
	23	+	The bill makes changes to the "Colorado Open Records Act"
	24	+	(CORA) and to record retention requirements for state agencies.
	25	+	Definitions. The bill modifies the definition of "public records"
	26	+	(records) in CORA to clarify that writings made, maintained, or kept by
	27	+	the state, including any office of the state, are records. The bill also
	28	+	changes the definition of "electronic mail" to "electronic communication"
	29	+	to encompass all forms of electronic communication.
	30	+	Format of records for inspection. Current law specifies how a
	31	+	HOUSE
	32	+	Amended 3rd Reading
	33	+	May 7, 2023
	34	+	HOUSE
	35	+	Amended 2nd Reading
	36	+	May 6, 2023
	37	+	SENATE
	38	+	Amended 3rd Reading
	39	+	May 1, 2023
	40	+	SENATE
	41	+	Amended 2nd Reading
	42	+	April 28, 2023
	43	+	SENATE SPONSORSHIP
	44	+	Hansen, Bridges, Exum, Moreno, Priola
	45	+	HOUSE SPONSORSHIP
	46	+	Snyder and Soper, Brown, Hamrick, Lindsay, Ricks, Titone
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	Dashes through the words or numbers indicate deletions from existing law. custodian is required to provide a record for inspection if the record is
	50	+	available in a digital format that is sortable, searchable, or both. The bill
	51	+	specifies that if a record is available and can be transmitted in digital
	52	+	format, the custodian is required to transmit the record by electronic
	53	+	communication unless otherwise requested by the requester. In addition,
	54	+	the bill prohibits a custodian from converting a digital record into a
	55	+	non-searchable or non-sortable format prior to transmission.
	56	+	Records subject to inspection. CORA currently allows a
	57	+	custodian to deny a requester's right to inspect certain records on the
	58	+	ground that disclosure of the record would be contrary to the public
	59	+	interest. The bill includes in this category the telephone number or home
	60	+	address that a person provides to an elected official for the purpose of
	61	+	future communication with the elected official.
	62	+	The bill specifies that if an elected official is the subject of a
	63	+	government-authorized investigation into the elected official's alleged
	64	+	sexual harassment in the workplace, the final report of the investigation
	65	+	is a public record; except that the identity of any accuser and any
	66	+	potentially identifiable characteristics of any accuser must be redacted
	67	+	unless the identity of all accusers is already known to the public.
	68	+	Transmission and per-page fees for records. Currently, a
	69	+	custodian may transmit a record to a requester in one of several ways and
	70	+	may charge the requester for the costs associated with transmitting the
	71	+	record; except that the custodian may not charge a fee if the record is
	72	+	transmitted via electronic communication. In addition, a custodian may
	73	+	currently charge a per-page fee for providing copies of a record. The bill
	74	+	specifies that the custodian may not charge a per-page fee if the records
	75	+	are provided in a digital or electronic format.
	76	+	Electronic payments. The bill requires a custodian to allow
	77	+	records requesters to pay any fee or deposit associated with the request
	78	+	via a credit card or electronic payment if the custodian allows members
	79	+	of the public to pay for any other product or service provided by the
	80	+	custodian with a credit card or electronic payment.
	81	+	Records retention requirements. The bill requires all electronic
	82	+	communications sent to or received by an officer or employee of a state
	83	+	agency, the contents of which include any discussion of the public
	84	+	business of the state agency and are relevant to any proceeding in which
	85	+	the state agency is involved, to be retained for at least the length of the
	86	+	applicable proceeding. In addition, the bill requires each state agency to
	87	+	retain all electronic mail messages in its custody or control that may be
	88	+	responsive to a request for records pursuant to CORA until the request for
	89	+	records and any subsequent appeals are resolved.
	90	+	Be it enacted by the General Assembly of the State of Colorado:1
	91	+	286-2- 1
	92	+	SECTION 1. In Colorado Revised Statutes, 24-72-203, amend2
	93	+	(3.5)(a)(II), (3.5)(b) introductory portion, and (3.5)(b)(II); and add3
	94	+	(3.5)(a)(IV) and (3.5)(a)(V) as follows:4
	95	+	24-72-203. Public records open to inspection. (1) (a) All public5
	96	+	records shall be open for inspection by any person at reasonable times,6
	97	+	except as provided in this part 2 or as otherwise provided by law, but the7
	98	+	official custodian of any public records may make such rules with8
	99	+	reference to the inspection of such records as are reasonably necessary for9
	100	+	the protection of such records and the prevention of unnecessary10
	101	+	interference with the regular discharge of the duties of the custodian or11
	102	+	the custodian's office. E
	103	+	XCEPT AS OTHERWISE REQUIRED BY SECTION
	104	+	12
	105	+	24-72-204 (3.5)(g),
	106	+	AND EXCEPT WHEN A RECORD REQUESTED IS
	107	+	13
	108	+	CONFIDENTIAL AND ACCESSIBLE ONLY ON THE BASIS THAT THE REQUESTER14
	109	+	IS THE PERSON IN INTEREST, A CUSTODIAN OF PUBLIC RECORDS SHALL NOT15
	110	+	REQUIRE A REQUESTER TO PROVIDE THE CUSTODIAN WITH ANY FORM OF16
	111	+	IDENTIFICATION TO REQUEST OR INSPECT RECORDS PURSUANT TO THIS17
	112	+	PART 2.18
	113	+	(3.5) (a) Except as otherwise required by subsection (3.5)(b) of19
	114	+	this section:20
	115	+	(II) If a public record is stored in a digital format that is21
	116	+	searchable, but not sortable, the custodian shall provide a DIGITAL copy22
	117	+	of the public record in a searchable format
	118	+	UNLESS OTHERWISE23
	119	+	REQUESTED BY THE REQUESTER .24
	120	+
	121	+	25
38	122		(IV) I
39		-	F A PUBLIC RECORD IS AVAILABLE IN A DIGITAL FORMAT , ~~THE~~
40		-	CUSTODIAN SHALL TRANSMIT A DIGITAL COPY OF THE PUBLIC RECORD IN A
41		-	~~DIGITAL FORMAT BY ELECTRONIC MAIL OR BY ANOTHER MUTUALLY~~
42		-	~~-AGREED~~
43		-	~~UPON TRANSMISSION METHOD IF THE SIZE OF THE RECORD PREVENTS~~
44		-	TRANSMISSION ~~BY ELECTRONIC COMMUNICATION~~
45		-	.
	123	+	F A PUBLIC RECORD IS AVAILABLE IN A DIGITAL FORMAT, THE26
	124	+	CUSTODIAN SHALL TRANSMIT A DIGITAL COPY OF THE PUBLIC RECORD IN
	125	+	27
	126	+	286
	127	+	-3- A DIGITAL FORMAT BY ELECTRONIC MAIL OR BY ANOTHER1
	128	+	MUTUALLY-AGREED UPON TRANSMISSION METHOD IF THE SIZE OF THE2
	129	+	RECORD PREVENTS TRANSMISSION BY ELECTRONIC COMMUNICATION .3
46	130		(V) E
47		-	XCEPT AS OTHERWISE REQUIRED BY SUBSECTION (3.5)(b) OF
48		-	THIS SECTION
49		-	, A CUSTODIAN SHALL NOT CONVERT A DIGITAL PUBLIC RECORD
50		-	INTO A NON
51		-	-SEARCHABLE FORMAT BEFORE TRANSMISSION .
	131	+	XCEPT AS OTHERWISE REQUIRED BY SUBSECTION (3.5)(b) OF4
	132	+	THIS SECTION, A CUSTODIAN SHALL NOT CONVERT A DIGITAL PUBLIC5
	133	+	RECORD INTO A NON-SEARCHABLE
	134	+	FORMAT BEFORE TRANSMISSION .6
52	135		(b) A custodian is not required to produce a
53		-	DIGITAL public record
54		-	in a searchable or sortable format in accordance with subsection (3.5)(a) of
55		-	this section if:
56		-	(II) After making reasonable inquiries, it is not technologically or
57		-	practically feasible to permanently remove information that the custodian
58		-	is required or allowed to withhold within the requested format, it is not
59		-	technologically or practically feasible to provide a copy of the record in a
60		-	DIGITAL searchable or sortable format, or if the custodian would be required
61		-	to purchase software or create additional programming or functionality in
62		-	its existing software to remove the information.
63		-	SECTION 2. In Colorado Revised Statutes, 24-72-204, amend
64		-	(2)(a)(VII); and add (9) as follows:
65		-	24-72-204. Allowance or denial of inspection - grounds -
66		-	procedure - appeal - definitions - repeal. (2) (a) The custodian may deny
67		-	the right of inspection of the following records, unless otherwise provided
68		-	PAGE 2-SENATE BILL 23-286 by law, on the ground that disclosure to the applicant would be contrary to
69		-	the public interest:
70		-	(VII) Electronic mail addresses,
71		-	TELEPHONE NUMBERS, OR HOME
72		-	ADDRESSES
73		-	provided by a person to an ELECTED OFFICIAL, agency,
74		-	institution, or political subdivision of the state for the purposes of future
	136	+	DIGITAL public record7
	137	+	in a searchable
	138	+	or sortable format in accordance with subsection (3.5)(a)8
	139	+	of this section if:9
	140	+	(II) After making reasonable inquiries, it is not technologically or10
	141	+	practically feasible to permanently remove information that the custodian11
	142	+	is required or allowed to withhold within the requested format, it is not12
	143	+	technologically or practically feasible to provide a copy of the record in13
	144	+	a
	145	+	DIGITAL searchable
	146	+	or sortable format, or if the custodian would be14
	147	+	required to purchase software or create additional programming or15
	148	+	functionality in its existing software to remove the information.16
	149	+	SECTION 2. In Colorado Revised Statutes, 24-72-204, amend17
	150	+	(2)(a)(VII); and add (9) as follows:18
	151	+	24-72-204. Allowance or denial of inspection - grounds -19
	152	+	procedure - appeal - definitions - repeal. (2) (a) The custodian may20
	153	+	deny the right of inspection of the following records, unless otherwise21
	154	+	provided by law, on the ground that disclosure to the applicant would be22
	155	+	contrary to the public interest:23
	156	+	(VII) Electronic mail addresses, TELEPHONE NUMBERS, OR HOME24
	157	+	ADDRESSES provided by a person to an ELECTED OFFICIAL, agency,25
	158	+	institution, or political subdivision of the state for the purposes of future26
75	159		electronic communications to the person from the
76	160		ELECTED OFFICIAL,
77		-	agency, institution, or political subdivision; and
78		-	(9) U
79		-	NLESS ANY OTHER PROVISION OF THIS PART 2 APPLIES TO
80		-	PREVENT OR RESTRICT DISCLOSURE AND NOTWITHSTANDING THE PROVISIONS
81		-	OF SECTION
82		-	2-3-511 AND SUBSECTIONS (3)(a)(X) AND (3)(a)(X.5) OF THIS
83		-	SECTION
84		-	, RECORDS OF SEXUAL HARASSMENT COMPLAINTS MADE AGAINST AN
85		-	ELECTED OFFICIAL AND THE RESULTS OR REPORT OF INVESTIGATIONS
86		-	REGARDING ALLEGED SEXUAL HARASSMENT BY AN ELECTED OFFICIAL
87		-	CONDUCTED BY OR FOR THAT OFFICIAL
88		-	'S GOVERNMENT SHALL BE MADE
89		-	AVAILABLE FOR INSPECTION IF THE INVESTIGATION CONCLUDES THAT THE
90		-	ELECTED OFFICIAL IS CULPABLE FOR ANY ACT OF SEXUAL HARASSMENT
91		-	;
92		-	EXCEPT THAT THE IDENTITY OF ANY ACCUSER , ACCUSED WHO IS NOT AN
93		-	ELECTED OFFICIAL
94		-	, VICTIM, OR WITNESS AND ANY OTHER INFORMATION THAT
95		-	WOULD IDENTIFY ANY SUCH PERSON MUST BE REDACTED
96		-	. THE RECORDS
97		-	MUST BE REDACTED
98		-	, IF POSSIBLE, TO PERMIT INSPECTION WITHOUT
99		-	REVEALING ANY PART OF THE RECORD THAT WOULD NOT BE SUBJECT TO
100		-	DISCLOSURE PURSUANT TO ANY OTHER PROVISION OF THIS PART
101		-	2. NOTHING
102		-	IN THIS SUBSECTION
103		-	(9) REQUIRES THE DISCLOSURE OF ANY RECORD SUBJECT
104		-	TO PART
105		-	3 OF THIS ARTICLE 72.
106		-	SECTION 3. In Colorado Revised Statutes, 24-72-204.5, add (3)
107		-	as follows:
	161	+	27
	162	+	286
	163	+	-4- agency, institution, or political subdivision; and1
	164	+	(9) UNLESS ANY OTHER PROVISION OF THIS PART 2 APPLIES TO2
	165	+	PREVENT OR RESTRICT DISCLOSURE AND NOTWITHSTANDING THE3
	166	+	PROVISIONS OF SECTION 2-3-511 AND SUBSECTIONS (3)(a)(X) AND4
	167	+	(3)(a)(X.5)
	168	+	OF THIS SECTION, RECORDS OF SEXUAL HARASSMENT
	169	+	5
	170	+	COMPLAINTS MADE AGAINST AN ELECTED OFFICIAL AND THE RESULTS OR6
	171	+	REPORT OF INVESTIGATIONS REGARDING ALLEGED SEXUAL HARASSMENT7
	172	+	BY AN ELECTED OFFICIAL CONDUCTED BY OR FOR THAT OFFICIAL 'S8
	173	+	GOVERNMENT SHALL BE MADE AVAILABLE FOR INSPECTION IF THE9
	174	+	INVESTIGATION CONCLUDES THAT THE ELECTED OFFICIAL IS CULPABLE FOR10
	175	+	ANY ACT OF SEXUAL HARASSMENT ; EXCEPT THAT THE IDENTITY OF ANY11
	176	+	ACCUSER, ACCUSED WHO IS NOT AN ELECTED OFFICIAL , VICTIM, OR12
	177	+	WITNESS AND ANY OTHER INFORMATION THAT WOULD IDENTIFY ANY SUCH13
	178	+	PERSON MUST BE REDACTED . THE RECORDS MUST BE REDACTED , IF14
	179	+	POSSIBLE, TO PERMIT INSPECTION WITHOUT REVEALING ANY PART OF THE15
	180	+	RECORD THAT WOULD NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ANY16
	181	+	OTHER PROVISION OF THIS PART 2. NOTHING IN THIS SUBSECTION (9)17
	182	+	REQUIRES THE DISCLOSURE OF ANY RECORD SUBJECT TO PART 3 OF THIS18
	183	+	ARTICLE 72. 19
	184	+	SECTION 3. In Colorado Revised Statutes, 24-72-204.5, add (3)20
	185	+	as follows:21
108	186		24-72-204.5. Adoption of electronic mail policy. (3) O
109	187		N OR
110		-	BEFORE
111		-	JANUARY 1, 2024, EACH MEMBER OF THE GENERAL ASSEMBLY , THE
112		-	GOVERNOR
113		-	'S OFFICE AND EACH OFFICE OF THE GOVERNOR, AND EACH STATE
114		-	AGENCY AND INSTITUTION SHALL SUBMIT A REPORT TO THE STAFF OF THE
115		-	LEGISLATIVE COUNCIL OF THE GENERAL ASSEMBLY OUTLINING ITS
116		-	RESPECTIVE ELECTRONIC MAIL RETENTION POLICY
117		-	. THE MEMBERS OF THE
118		-	GENERAL ASSEMBLY MAY SUBMIT INDIVIDUAL REPORTS OR MAY SUBMIT A
119		-	REPORT THAT SPECIFIES THE ELECTRONIC MAIL RETENTION POLICIES OF
120		-	MULTIPLE MEMBERS OF THE GENERAL ASSEMBLY
121		-	.
122		-	PAGE 3-SENATE BILL 23-286 SECTION 4. In Colorado Revised Statutes, 24-72-205, amend
123		-	(5)(a); and add (7) as follows:
124		-	24-72-205. Copy, printout, or photograph of a public record -
125		-	imposition of research and retrieval fee.
126		-	(5) (a) A custodian may charge a fee not to exceed twenty-five cents
127		-	per standard page for a copy of a public record or a fee not to exceed the
128		-	actual cost of providing a copy, printout, or photograph of a public record
129		-	in a format other than a standard page;
130		-	EXCEPT THAT A CUSTODIAN SHALL
131		-	NOT CHARGE A PER
132		-	-PAGE FEE FOR PROVIDING RECORDS IN A DIGITAL OR
133		-	ELECTRONIC FORMAT
134		-	.
135		-	(7) I
136		-	F A CUSTODIAN OF A PUBLIC RECORD REQUESTED PURSUANT TO
137		-	THIS PART
138		-	2 ALLOWS MEMBERS OF THE PUBLIC TO PAY FOR ANY OTHER
139		-	SERVICE OR PRODUCT PROVIDED BY THE CUSTODIAN WITH A CREDIT CARD OR
140		-	ELECTRONIC PAYMENT
141		-	, THE CUSTODIAN MUST ALLOW THE REQUESTER OF
142		-	THE PUBLIC RECORD TO PAY ANY FEE OR DEPOSIT ASSOCIATED WITH THE
143		-	REQUEST WITH A CREDIT CARD OR VIA AN ELECTRONIC PAYMENT
144		-	. THE
145		-	CUSTODIAN MAY REQUIRE A REQUESTER TO PAY ANY SERVICE CHARGE OR
146		-	FEE IMPOSED BY THE PROCESSOR OF A CREDIT CARD OR ELECTRONIC
147		-	PAYMENT
148		-	.
149		-	SECTION 5. Act subject to petition - effective date. This act
150		-	takes effect at 12:01 a.m. on the day following the expiration of the
151		-	ninety-day period after final adjournment of the general assembly; except
152		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
153		-	of the state constitution against this act or an item, section, or part of this act
154		-	within such period, then the act, item, section, or part will not take effect
155		-	unless approved by the people at the general election to be held in
156		-	PAGE 4-SENATE BILL 23-286 November 2024 and, in such case, will take effect on the date of the official
157		-	declaration of the vote thereon by the governor.
158		-	____________________________ ____________________________
159		-	Steve Fenberg Julie McCluskie
160		-	PRESIDENT OF SPEAKER OF THE HOUSE
161		-	THE SENATE OF REPRESENTATIVES
162		-	____________________________ ____________________________
163		-	Cindi L. Markwell Robin Jones
164		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
165		-	THE SENATE OF REPRESENTATIVES
166		-	APPROVED________________________________________
167		-	(Date and Time)
168		-	_________________________________________
169		-	Jared S. Polis
170		-	GOVERNOR OF THE STATE OF COLORADO
171		-	PAGE 5-SENATE BILL 23-286
	188	+	22
	189	+	BEFORE JANUARY 1, 2024, EACH MEMBER OF THE GENERAL ASSEMBLY ,23
	190	+	THE GOVERNOR'S OFFICE AND EACH OFFICE OF THE GOVERNOR, AND EACH24
	191	+	STATE AGENCY AND INSTITUTION SHALL SUBMIT A REPORT TO THE STAFF25
	192	+	OF THE LEGISLATIVE COUNCIL OF THE GENERAL ASSEMBLY OUTLINING ITS26
	193	+	RESPECTIVE ELECTRONIC MAIL RETENTION POLICY . THE MEMBERS OF THE27
	194	+	286
	195	+	-5- GENERAL ASSEMBLY MAY SUBMIT INDIVIDUAL REPORTS OR MAY SUBMIT1
	196	+	A REPORT THAT SPECIFIES THE ELECTRONIC MAIL RETENTION POLICIES OF2
	197	+	MULTIPLE MEMBERS OF THE GENERAL ASSEMBLY .3
	198	+	SECTION 4. In Colorado Revised Statutes, 24-72-205, amend4
	199	+	(5)(a); and add (8) as follows:5
	200	+	24-72-205. Copy, printout, or photograph of a public record6
	201	+	- imposition of research and retrieval fee. 7
	202	+	(5) (a) A custodian may charge a fee not to exceed twenty-five8
	203	+	cents per standard page for a copy of a public record or a fee not to9
	204	+	exceed the actual cost of providing a copy, printout, or photograph of a10
	205	+	public record in a format other than a standard page;
	206	+	EXCEPT THAT A11
	207	+	CUSTODIAN SHALL NOT CHARGE A PER-PAGE FEE FOR PROVIDING RECORDS12
	208	+	IN A DIGITAL OR ELECTRONIC FORMAT.13
	209	+
	210	+	14
	211	+	(8) I
	212	+	F A CUSTODIAN OF A PUBLIC RECORD REQUESTED PURSUANT15
	213	+	TO THIS PART 2 ALLOWS MEMBERS OF THE PUBLIC TO PAY FOR ANY OTHER16
	214	+	SERVICE OR PRODUCT PROVIDED BY THE CUSTODIAN WITH A CREDIT CARD17
	215	+	OR ELECTRONIC PAYMENT, THE CUSTODIAN MUST ALLOW THE REQUESTER18
	216	+	OF THE PUBLIC RECORD TO PAY ANY FEE OR DEPOSIT ASSOCIATED WITH19
	217	+	THE REQUEST WITH A CREDIT CARD OR VIA AN ELECTRONIC PAYMENT . THE
	218	+	20
	219	+	CUSTODIAN MAY REQUIRE A REQUESTER TO PAY ANY SERVICE CHARGE OR21
	220	+	FEE IMPOSED BY THE PROCESSOR OF A CREDIT CARD OR ELECTRONIC22
	221	+	PAYMENT.23
	222	+	24
	223	+	SECTION 5. Act subject to petition - effective date. This act25
	224	+	takes effect at 12:01 a.m. on the day following the expiration of the26
	225	+	ninety-day period after final adjournment of the general assembly; except27
	226	+	286
	227	+	-6- that, if a referendum petition is filed pursuant to section 1 (3) of article V1
	228	+	of the state constitution against this act or an item, section, or part of this2
	229	+	act within such period, then the act, item, section, or part will not take3
	230	+	effect unless approved by the people at the general election to be held in4
	231	+	November 2024 and, in such case, will take effect on the date of the5
	232	+	official declaration of the vote thereon by the governor.6
	233	+	286
	234	+	-7-