SENATE BILL 23-286
BY SENATOR(S) Hansen, Bridges, Exum, Moreno, Priola;
also REPRESENTATIVE(S) Snyder and Soper, Brown, Hamrick, Lindsay,
Ricks, Titone.
C
ONCERNING IMPROVING PUBLIC ACCESS TO GOVERNMENT RECORDS .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-72-203, amend
(1)(a), (3.5)(a)(II), (3.5)(b) introductory portion, and (3.5)(b)(II); and add
(3.5)(a)(IV) and (3.5)(a)(V) as follows:
24-72-203. Public records open to inspection. (1) (a) All public
records shall be open for inspection by any person at reasonable times,
except as provided in this part 2 or as otherwise provided by law, but the
official custodian of any public records may make such rules with reference
to the inspection of such records as are reasonably necessary for the
protection of such records and the prevention of unnecessary interference
with the regular discharge of the duties of the custodian or the custodian's
office. E
XCEPT AS OTHERWISE REQUIRED BY SECTION 24-72-204 (3.5)(g),
AND EXCEPT WHEN A RECORD REQUESTED IS CONFIDENTIAL AND ACCESSIBLE
ONLY ON THE BASIS THAT THE REQUESTER IS THE PERSON IN INTEREST
, A
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. CUSTODIAN OF PUBLIC RECORDS SHALL NOT REQUIRE A REQUESTER TO
PROVIDE THE CUSTODIAN WITH ANY FORM OF IDENTIFICATION TO REQUEST
OR INSPECT RECORDS PURSUANT TO THIS PART
2.
(3.5) (a) Except as otherwise required by subsection (3.5)(b) of this
section:
(II) If a public record is stored in a digital format that is searchable,
but not sortable, the custodian shall provide a DIGITAL copy of the public
record in a searchable format
UNLESS OTHERWISE REQUESTED BY THE
REQUESTER
.
(IV) I
F A PUBLIC RECORD IS AVAILABLE IN A DIGITAL FORMAT , THE
CUSTODIAN SHALL TRANSMIT A DIGITAL COPY OF THE PUBLIC RECORD IN A
DIGITAL FORMAT BY ELECTRONIC MAIL OR BY ANOTHER MUTUALLY
-AGREED
UPON TRANSMISSION METHOD IF THE SIZE OF THE RECORD PREVENTS
TRANSMISSION BY ELECTRONIC COMMUNICATION
.
(V) E
XCEPT AS OTHERWISE REQUIRED BY SUBSECTION (3.5)(b) OF
THIS SECTION
, A CUSTODIAN SHALL NOT CONVERT A DIGITAL PUBLIC RECORD
INTO A NON
-SEARCHABLE FORMAT BEFORE TRANSMISSION .
(b) A custodian is not required to produce a
DIGITAL public record
in a searchable or sortable format in accordance with subsection (3.5)(a) of
this section if:
(II) After making reasonable inquiries, it is not technologically or
practically feasible to permanently remove information that the custodian
is required or allowed to withhold within the requested format, it is not
technologically or practically feasible to provide a copy of the record in a
DIGITAL searchable or sortable format, or if the custodian would be required
to purchase software or create additional programming or functionality in
its existing software to remove the information.
SECTION 2. In Colorado Revised Statutes, 24-72-204, amend
(2)(a)(VII); and add (9) as follows:
24-72-204. Allowance or denial of inspection - grounds -
procedure - appeal - definitions - repeal. (2) (a) The custodian may deny
the right of inspection of the following records, unless otherwise provided
PAGE 2-SENATE BILL 23-286 by law, on the ground that disclosure to the applicant would be contrary to
the public interest:
(VII) Electronic mail addresses,
TELEPHONE NUMBERS, OR HOME
ADDRESSES
provided by a person to an ELECTED OFFICIAL, agency,
institution, or political subdivision of the state for the purposes of future
electronic communications to the person from the
ELECTED OFFICIAL,
agency, institution, or political subdivision; and
(9) U
NLESS ANY OTHER PROVISION OF THIS PART 2 APPLIES TO
PREVENT OR RESTRICT DISCLOSURE AND NOTWITHSTANDING THE PROVISIONS
OF SECTION
2-3-511 AND SUBSECTIONS (3)(a)(X) AND (3)(a)(X.5) OF THIS
SECTION
, RECORDS OF SEXUAL HARASSMENT COMPLAINTS MADE AGAINST AN
ELECTED OFFICIAL AND THE RESULTS OR REPORT OF INVESTIGATIONS
REGARDING ALLEGED SEXUAL HARASSMENT BY AN ELECTED OFFICIAL
CONDUCTED BY OR FOR THAT OFFICIAL
'S GOVERNMENT SHALL BE MADE
AVAILABLE FOR INSPECTION IF THE INVESTIGATION CONCLUDES THAT THE
ELECTED OFFICIAL IS CULPABLE FOR ANY ACT OF SEXUAL HARASSMENT
;
EXCEPT THAT THE IDENTITY OF ANY ACCUSER , ACCUSED WHO IS NOT AN
ELECTED OFFICIAL
, VICTIM, OR WITNESS AND ANY OTHER INFORMATION THAT
WOULD IDENTIFY ANY SUCH PERSON MUST BE REDACTED
. THE RECORDS
MUST BE REDACTED
, IF POSSIBLE, TO PERMIT INSPECTION WITHOUT
REVEALING ANY PART OF THE RECORD THAT WOULD NOT BE SUBJECT TO
DISCLOSURE PURSUANT TO ANY OTHER PROVISION OF THIS PART
2. NOTHING
IN THIS SUBSECTION
(9) REQUIRES THE DISCLOSURE OF ANY RECORD SUBJECT
TO PART
3 OF THIS ARTICLE 72.
SECTION 3. In Colorado Revised Statutes, 24-72-204.5, add (3)
as follows:
24-72-204.5. Adoption of electronic mail policy. (3) O
N OR
BEFORE
JANUARY 1, 2024, EACH MEMBER OF THE GENERAL ASSEMBLY , THE
GOVERNOR
'S OFFICE AND EACH OFFICE OF THE GOVERNOR, AND EACH STATE
AGENCY AND INSTITUTION SHALL SUBMIT A REPORT TO THE STAFF OF THE
LEGISLATIVE COUNCIL OF THE GENERAL ASSEMBLY OUTLINING ITS
RESPECTIVE ELECTRONIC MAIL RETENTION POLICY
. THE MEMBERS OF THE
GENERAL ASSEMBLY MAY SUBMIT INDIVIDUAL REPORTS OR MAY SUBMIT A
REPORT THAT SPECIFIES THE ELECTRONIC MAIL RETENTION POLICIES OF
MULTIPLE MEMBERS OF THE GENERAL ASSEMBLY
.
PAGE 3-SENATE BILL 23-286 SECTION 4. In Colorado Revised Statutes, 24-72-205, amend
(5)(a); and add (7) as follows:
24-72-205. Copy, printout, or photograph of a public record -
imposition of research and retrieval fee.
(5) (a) A custodian may charge a fee not to exceed twenty-five cents
per standard page for a copy of a public record or a fee not to exceed the
actual cost of providing a copy, printout, or photograph of a public record
in a format other than a standard page;
EXCEPT THAT A CUSTODIAN SHALL
NOT CHARGE A PER
-PAGE FEE FOR PROVIDING RECORDS IN A DIGITAL OR
ELECTRONIC FORMAT
.
(7) I
F A CUSTODIAN OF A PUBLIC RECORD REQUESTED PURSUANT TO
THIS PART
2 ALLOWS MEMBERS OF THE PUBLIC TO PAY FOR ANY OTHER
SERVICE OR PRODUCT PROVIDED BY THE CUSTODIAN WITH A CREDIT CARD OR
ELECTRONIC PAYMENT
, THE CUSTODIAN MUST ALLOW THE REQUESTER OF
THE PUBLIC RECORD TO PAY ANY FEE OR DEPOSIT ASSOCIATED WITH THE
REQUEST WITH A CREDIT CARD OR VIA AN ELECTRONIC PAYMENT
. THE
CUSTODIAN MAY REQUIRE A REQUESTER TO PAY ANY SERVICE CHARGE OR
FEE IMPOSED BY THE PROCESSOR OF A CREDIT CARD OR ELECTRONIC
PAYMENT
.
SECTION 5. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 4-SENATE BILL 23-286 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-SENATE BILL 23-286