Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0110.01 Megan McCall x4215
HOUSE BILL 24-1296
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING MODIFICATIONS TO LESSEN THE BURDENS OF101
RESPONDING TO RECORDS RE QUESTS FOR CUSTODIANS OF102
RECORDS UNDER THE "COLORADO OPEN RECORDS ACT".103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill makes the following changes to the "Colorado Open
Records Act" (CORA):
! Requires a custodian to evaluate a request for public
records promptly and for no longer than 2 days. Within the
2-day period the custodian shall notify the requester
HOUSE SPONSORSHIP
Kipp and Soper,
SENATE SPONSORSHIP
Marchman,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. whether or not any costs or fees that may apply to the
request and if extenuating circumstances exist that allow
for an extension of the reasonable time to respond to a
CORA request (response period). If there are costs or fees
that may apply, the response period does not begin until the
custodian receives a response from the requester
acknowledging acceptance of the costs or fees.
Alternatively, a requester may revise their request and the
custodian shall evaluate the revised request within the
2-day evaluation period. Otherwise, the response period
begins after the custodian has provided notice to the
requester.
! Adds an extenuating circumstance that allows for an
extension of the response period when the custodian is not
scheduled to work within the response period;
! If public records are in the custody and control of someone
who is not scheduled to work within the response period,
a custodian shall notify the requester of the date the person
is scheduled to return to work and make best efforts to
make responsive records available for inspection within the
response period or extended response period, as applicable.
The requester may make a subsequent request for
additional responsive records, if any, on or after the date
the person who is authorized to have custody and control of
the records is scheduled to return to work.
! Allows a custodian to determine that a requester is a
vexatious requester, requires the custodian to make a sworn
statement in support of the determination to provide to the
requester, allows the custodian a 30-day response period
when a requester is a vexatious requester, and permits the
requester to appeal the determination that the requester is
a vexatious requester to the district court;
! Excludes a mass medium or newsperson from being a
vexatious requester;
! Allows a custodian to determine that a request is made for
the direct solicitation of business for pecuniary gain,
requires the custodian to make a sworn statement in support
of the determination to provide to the requester, allows the
custodian a 30-day response period for such a request,
permits the requester to appeal the determination that the
request is made for the direct solicitation of business for
pecuniary gain to the district court, and allows a custodian
to charge the requester for the full cost of responding to the
request notwithstanding the allowance for the first hour of
research and retrieval to otherwise be free of charge and
HB24-1296
-2- notwithstanding the statutory cap on fees, which otherwise
would apply;
! Prohibits disclosure of any other contact information of
students in any public elementary or secondary school in
addition to the prohibition of disclosure of addresses and
telephone numbers that is in current law;
! Allows a custodian to deny the right of inspection of public
records that are an employee's calendar, unless the public
record is an elected official's calendar or the calendar of an
employee who is in a leadership position or the request is
made by a mass medium or newsperson; and
! Allows a custodian to treat a CORA request made within
14 calendar days of another CORA request made by the
same person as one request for purposes of calculating the
fee that the custodian may charge to the requester for
research and retrieval of responsive public records.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-72-202, add (6.3)2
as follows:3
24-72-202. Definitions. As used in this part 2, unless the context4
otherwise requires:5
(6.3) (a) "V
EXATIOUS REQUESTER" MEANS A PERSON OR ENTITY6
THAT SUBMITS A REQUEST FOR PUBLIC RECORDS AND THAT , BY THE7
PERSON'S OR ENTITY'S CONDUCT, DEMONSTRATES AN INTENT TO ANNOY OR8
HARASS A CUSTODIAN, THE ENTITY FOR WHICH THE CUSTODIAN WORKS9
LISTED IN SUBSECTION (2) OF THIS SECTION, ANOTHER EMPLOYEE OF THAT10
ENTITY, A PERSON WHO DEPENDS ON SERVICES FROM THAT ENTITY , OR11
ANOTHER ENTITY WHICH MAY OR MAY NOT BE AN ENTITY LISTED IN12
SUBSECTION (2) OF THIS SECTION; EXCEPT THAT A PERSON OR ENTITY IS13
NOT A VEXATIOUS REQUESTER SOLELY DUE TO THE NUMBER OF REQUESTS14
THE PERSON HAS FILED OR THE NUMBER OF PUBLIC RECORDS SOUGHT .15
(b) "V
EXATIOUS REQUESTER" DOES NOT INCLUDE A MASS MEDIUM,16
HB24-1296-3- AS DEFINED IN SECTION 13-90-119 (1)(a), OR A NEWSPERSON, AS DEFINED1
IN SECTION 13-90-119 (1)(c).2
SECTION 2. In Colorado Revised Statutes, 24-72-203, amend3
(3)(b) introductory portion, (3)(b)(I), (3)(b)(II)(B), and (3)(b)(III); and4
add (3)(a.5), (3)(b)(IV), (3)(d), (3)(e), and (3)(f) as follows:5
24-72-203. Public records open to inspection. (3) (a.5) (I) A6
CUSTODIAN SHALL PROMPTLY EVALUATE A REQUEST FOR PUBLIC RECORDS7
MADE PURSUANT TO THIS PART 2 AND IS ALLOWED NOT MORE THAN TWO8
WORKING DAYS AFTER RECEIPT OF THE REQUEST TO COMPLETE THE9
EVALUATION. BEFORE THE END OF THE TWO-DAY PERIOD, THE CUSTODIAN10
SHALL NOTIFY THE REQUESTER IN WRITING WHETHER ANY COSTS OR FEES11
APPLY TO THE REQUEST AND IF EXTENUATING CIRCUMSTANCES EXIST AS12
SET FORTH IN SUBSECTION (3)(b) OF THIS SECTION.13
(II) I
F THE CUSTODIAN DETERMINES THAT THERE ARE COSTS AND14
FEES THAT MAY APPLY TO THE REQUEST , THEN THE NOTICE REQUIRED15
PURSUANT TO SUBSECTION (3)(a.5)(I) OF THIS SECTION MUST INFORM THE16
REQUESTER THAT THE CUSTODIAN WILL NOT TAKE ADDITIONAL ACTION ON17
THE REQUEST UNTIL THE REQUESTER, IN WRITING, EITHER ACKNOWLEDGES18
ACCEPTANCE OF THE COSTS AND FEES OR REVISES THE REQUEST . UPON19
RECEIPT OF THE REQUESTER'S RESPONSE, THE CUSTODIAN SHALL:20
(A) S
ET THE DATE AND HOUR FOR INSPECTION OF RECORDS IN21
ACCORDANCE WITH THIS SUBSECTION (3) IF THE REQUESTER22
ACKNOWLEDGES ACCEPTANCE OF THE COSTS AND FEES ; OR23
(B) E
VALUATE THE REQUEST IN ACCORDANCE WITH SUBSECTION24
(3)(a.5)(I)
OF THIS SECTION IF THE REQUESTER REVISES THE REQUEST .25
(III) I
F THE CUSTODIAN DETERMINES THAT NO COSTS OR FEES26
APPLY TO THE REQUEST, THEN UPON PROVIDING NOTICE IN ACCORDANCE27
HB24-1296
-4- WITH SUBSECTION (3)(a.5)(I) OF THIS SECTION, THE CUSTODIAN SHALL SET1
THE DATE AND HOUR FOR INSPECTION OF RECORDS IN ACCORDANCE WITH2
THIS SUBSECTION (3).3
(IV) N
OTHING IN THIS SUBSECTION (3)(a.5) PREVENTS A4
CUSTODIAN FROM REQUIRING RECEIPT OF PAYMENT OR ARRANGEMENT FOR5
RECEIVING PAYMENT BEFORE RELEASING ANY RESPONSIVE RECORDS TO A6
REQUEST IN ACCORDANCE WITH SECTION 24-72-205 (1)(b).7
(b) The date and hour set for the inspection of records not readily8
available at the time of the request shall
MUST be within a reasonable time9
after
EITHER the request
CUSTODIAN PROVIDES NOTICE IN ACCORDANCE10
WITH SUBSECTION (3)(a.5)(I) OF THIS SECTION OR THE CUSTODIAN11
RECEIVES THE REQUESTER'S RESPONSE IN ACCORDANCE WITH SUBSECTION12
(3)(a.5)(II)(A)
OF THIS SECTION IF COSTS OR FEES MAY APPLY. As used in13
this subsection (3), a "reasonable time" shall be
IS presumed to be three14
working days or less. Such period may be extended if extenuating15
circumstances exist. However, such period of extension shall not exceed16
seven working days. A finding that extenuating circumstances exist shall17
be made in writing by the custodian and shall be provided to the person18
making the request within the three-day period PURSUANT TO SUBSECTION19
(3)(a.5)(I)
OF THIS SECTION. Extenuating circumstances shall
apply only20
when:21
(I) A broadly stated request is made that encompasses all or22
substantially all of a large category of records and the request is without23
sufficient specificity to allow the custodian reasonably to prepare or24
gather the records within the three-day period; or25
(II) A broadly stated request is made that encompasses all or26
substantially all of a large category of records and the agency is unable to27
HB24-1296
-5- prepare or gather the records within the three-day period because:1
(B) In the case of the general assembly or its staff or service2
agencies, the general assembly is in session; or 3
(III) A request involves such a large volume of records that the4
custodian cannot reasonably prepare or gather the records within the5
three-day period without substantially interfering with the custodian's6
obligation to perform his or her other public service responsibilities;
OR7
(IV) T
HE CUSTODIAN, OR A PERSON WHO IS ESSENTIAL TO THE8
PROCESS OF RESPONDING TO REQUESTS , IS NOT SCHEDULED TO WORK9
WITHIN THE THREE-DAY PERIOD.10
(d) I
F A CUSTODIAN RECEIVES A REQUEST FOR PUBLIC RECORDS11
THAT ARE IN THE CUSTODY AND CONTROL OF ANOTHER PERSON WHO IS12
AUTHORIZED TO HAVE CUSTODY AND CONTROL OF THE PUBLIC RECORDS13
BUT THAT PERSON IS NOT SCHEDULED TO WORK WITHIN THE THREE -DAY14
PERIOD, THE CUSTODIAN SHALL, IN THE NOTICE REQUIRED PURSUANT TO15
SUBSECTION (3)(a.5)(I) OF THIS SECTION, NOTIFY THE REQUESTER OF THE16
DATE UPON WHICH THE PERSON IS SCHEDULED TO RETURN TO WORK , MAKE17
BEST EFFORTS TO MAKE RECORDS THAT ARE RESPONSIVE TO THE REQUEST18
AVAILABLE WITHIN THE PERIODS SET FORTH IN THIS SUBSECTION (3), AS19
APPLICABLE, AND MAKE AVAILABLE RECORDS THAT ARE RESPONSIVE TO20
THE REQUEST, IF ANY, THAT ARE IN THE CUSTODY AND CONTROL OF THE21
CUSTODIAN IN ACCORDANCE WITH THIS PART 2. THE REQUESTER MAY22
MAKE A SUBSEQUENT REQUEST FOR ADDITIONAL RESPONSIVE RECORDS , IF23
ANY, ON OR AFTER THE DATE THE PERSON WHO IS AUTHORIZED TO HAVE24
CUSTODY AND CONTROL OF THE RECORDS IS SCHEDULED TO RETURN TO25
WORK.26
(e) (I) N
OTWITHSTANDING SUBSECTIONS (3)(b) AND (3)(d) OF THIS27
HB24-1296
-6- SECTION, IN SETTING A DATE AND HOUR FOR RECORDS TO BE AVAILABLE1
FOR INSPECTION, IF A CUSTODIAN DETERMINES THAT A REQUEST FOR2
PUBLIC RECORDS IS MADE BY A VEXATIOUS REQUESTER , THE CUSTODIAN3
SHALL HAVE THIRTY WORKING DAYS FROM PROVIDING THE NOTICE4
REQUIRED PURSUANT TO SUBSECTION (3)(e)(II) OF THIS SECTION.5
(II) A
CUSTODIAN WHO DETERMINES THAT A REQUEST FOR PUBLIC6
RECORDS IS MADE BY A VEXATIOUS REQUESTER PURSUANT TO SUBSECTION7
(3)(e)(I)
OF THIS SECTION SHALL PROVIDE THE REQUESTER WITH A SWORN8
STATEMENT WITHIN THE TWO -DAY PERIOD SET FORTH IN SUBSECTION9
(3)(a.5)(I)
OF THIS SECTION THAT DETAILS THE CONDUCT BY THE10
REQUESTER THAT THE CUSTODIAN DETERMINES DEMONSTRATES11
VEXATIOUSNESS, WHICH MAY INCLUDE:12
(A) T
HE NUMBER OF REQUESTS FILED ; EXCEPT THAT THE13
DETERMINATION CANNOT BE MADE SOLELY ON THIS BASIS ;14
(B) T
HE TOTAL NUMBER OF PENDING REQUESTS ; EXCEPT THAT THE15
DETERMINATION CANNOT BE MADE SOLELY ON THIS BASIS ;16
(C) T
HE SCOPE OF THE REQUESTS;17
(D) T
HE NATURE, CONTENT, LANGUAGE, OR SUBJECT MATTER OF18
THE REQUESTS;19
(E) T
HE NATURE, CONTENT, LANGUAGE, OR SUBJECT MATTER OF20
OTHER ORAL AND WRITTEN COMMUNICATIONS TO THE CUSTODIAN ;21
(F) C
ONDUCT THAT THE CUSTODIAN DETERMINES IS PLACING AN22
UNREASONABLE BURDEN ON THE CUSTODIAN ;23
(G) C
ONDUCT THAT THE CUSTODIAN D ETERMINES IS INTENDED TO24
HARASS; AND25
(H) A
NY OTHER RELEVANT INFORMATION , INCLUDING SIMILAR26
DETERMINATIONS THAT HAVE BEEN M ADE BY OTHER CUSTODIANS AGAINST27
HB24-1296
-7- THE SAME INDIVIDUAL OR ENTITY.1
(III) A
PERSON OR ENTITY THAT HAS BEEN DETERMINED BY A2
CUSTODIAN TO BE A VEXATIOUS REQUESTER MAY APPEAL THE3
DETERMINATION TO THE DISTRICT COURT OF THE DISTRICT IN WHICH THE4
REQUESTED PUBLIC RECORDS ARE LOCATED . THE PROVISIONS OF SECTION5
24-72-204 (5)(b)
AND (6)(a) CONCERNING THE TIMING FOR A HEARING ,6
COSTS AND ATTORNEY FEES, AND BURDEN OF PROOF GOVERN AN APPEAL7
PURSUANT TO THIS SUBSECTION (3)(e)(III).8
(f) (I) I
F A CUSTODIAN DETERMINES THAT REQUESTED PUBLIC9
RECORDS WILL BE USED FOR THE DIRECT SOLICITATION OF BUSINESS FOR10
PECUNIARY GAIN, THE CUSTODIAN SHALL PROVIDE THE REQUESTER WITH11
A SWORN STATEMENT OF THE DETERMINATION WITHIN THE TWO -DAY12
PERIOD SET FORTH IN SUBSECTION (3)(a.5)(I) OF THIS SECTION AND,13
NOTWITHSTANDING SUBSECTIONS (3)(b) AND (3)(d) OF THIS SECTION, IN14
SETTING A DATE AND HOUR FOR RECORDS TO BE AVAILABLE FOR15
INSPECTION, THE CUSTODIAN SHALL HAVE THIRTY WORKING DAYS FROM16
PROVIDING THE NOTICE.17
(II) A
REQUESTER THAT MAKES A REQUEST THAT HAS BEEN18
DETERMINED BY A CUSTODIAN TO BE FOR THE DIRECT SOLICITATION OF19
BUSINESS FOR PECUNIARY GAIN MAY APPEAL THE DETERMINATION TO THE20
DISTRICT COURT OF THE DISTRICT IN WHICH THE REQUESTED PUBLIC21
RECORDS ARE LOCATED. THE PROVISIONS OF SECTION 24-72-204 (5)(b)22
AND (6)(a) CONCERNING THE TIMING FOR A HEARING , COSTS AND23
ATTORNEY FEES, AND BURDEN OF PROOF GOVERN AN APPEAL PURSUANT24
TO THIS SUBSECTION (3)(f)(II).25
(III) N
OTWITHSTANDING SECTION 24-72-205 (6)(a), A CUSTODIAN26
IS ENTITLED TO RECOVER THE FULL COST ASSOCIATED WITH RESPONDING27
HB24-1296
-8- TO A REQUEST FOR RECORDS THAT HAS BEEN DETERMINED BY THE1
CUSTODIAN TO BE FOR THE DIRECT SOLICITATION OF BUSINESS FOR2
PECUNIARY GAIN.3
SECTION 3. In Colorado Revised Statutes, 24-72-204, amend4
(3)(a)(VI) and (3)(a)(XXIII); and add (2)(a)(XI) and (3)(a)(XXIV) as5
follows:6
24-72-204. Allowance or denial of inspection - grounds -7
procedure - appeal - definitions - repeal. (2) (a) The custodian may8
deny the right of inspection of the following records, unless otherwise9
provided by law, on the ground that disclosure to the applicant would be10
contrary to the public interest:11
(XI) A
NY RECORD CONTAINING INFORMATION THAT , IF DISCLOSED,12
WOULD INVADE ANOTHER INDIVIDUAL 'S PERSONAL PRIVACY.13
(3) (a) The custodian shall deny the right of inspection of the14
following records, unless otherwise provided by law; except that the15
custodian shall make any of the following records, other than letters of16
reference concerning employment, licensing, or issuance of permits,17
available to the person in interest in accordance with this subsection (3):18
(VI) Except as provided in section 1-2-227, addresses, and
19
telephone numbers,
AND ANY OTHER CONTACT INFORMATION of students20
in any public elementary or secondary school;21
(XXIII) Records, including analyses and maps, compiled or22
maintained in accordance with article 73 of title 35 that are based on23
information related to private lands and identify or allow to be identified24
any specific Colorado landowners, land managers, agricultural producers,25
or parcels of land; except that the custodian may release or authorize26
inspection of summary or aggregated data that do not specifically identify27
HB24-1296
-9- individual landowners, land managers, agricultural producers, or parcels1
of land;
AND2
(XXIV) A
N EMPLOYEE'S CALENDAR THAT IS KEPT AND3
MAINTAINED PRIMARILY PURSUANT TO THE EMPLOYEE 'S EMPLOYMENT;4
EXCEPT THAT CALENDARS OF ELECTED OFFICIALS OR EMPLOYEES IN5
LEADERSHIP POSITIONS ARE NOT SUBJECT TO THIS SUBSECTION6
(3)(a)(XXIV). N
OTHING IN THIS SUBSECTION (3)(a)(XXIV) PROHIBITS THE7
CUSTODIAN FROM ALLOWING A MASS MEDIUM , AS DEFINED IN SECTION8
13-90-119 (1)(a),
OR A NEWSPERSON, AS DEFINED IN SECTION 13-90-1199
(1)(c),
THE RIGHT OF INSPECTION OF THESE RECORDS .10
SECTION 4. In Colorado Revised Statutes, 24-72-205, add11
(6)(c) as follows:12
24-72-205. Copy, printout, or photograph of a public record13
- imposition of research and retrieval fee. (6) (c) F
OR PURPOSES OF THE14
FEE CHARGED PURSUANT TO THIS SUBSECTION (6), A CUSTODIAN MAY15
TREAT A REQUEST FOR PUBLIC RECORDS MADE WITHIN FOURTEEN16
CALENDAR DAYS OF ANOTHER REQUEST MADE BY THE SAME PERSON AS17
ONE REQUEST AND NOT AS MULTIPLE INDIVIDUAL REQUESTS .18
SECTION 5. Act subject to petition - effective date -19
applicability. (1) This act takes effect at 12:01 a.m. on the day following20
the expiration of the ninety-day period after final adjournment of the21
general assembly; except that, if a referendum petition is filed pursuant22
to section 1 (3) of article V of the state constitution against this act or an23
item, section, or part of this act within such period, then the act, item,24
section, or part will not take effect unless approved by the people at the25
general election to be held in November 2024 and, in such case, will take26
effect on the date of the official declaration of the vote thereon by the27
HB24-1296
-10- governor.1
(2) This act applies to requests for open records made pursuant to2
article 72 of title 24, Colorado Revised Statutes, on or after the applicable3
effective date of this act.4
HB24-1296
-11-