Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-0110.01 Megan McCall x4215
HOUSE BILL 24-1296
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
Appropriations
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
3rd Reading Unamended
April 20, 2024
HOUSE
Amended 2nd Reading
April 19, 2024
HOUSE SPONSORSHIP
Kipp and Soper, Boesenecker
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
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,
amend2
(6)(b)(XVI) and (6)(b)(XVII); add (6)(b)(XVIII) as follows:3
24-72-202. Definitions. As used in this part 2, unless the context4
otherwise requires:5
(6) (b) "Public records" does not include:6
(XVI) Records related to complaints received by the office of the7
judicial discipline ombudsman pursuant to section 13-3-120, including8
any record that names or otherwise identifies a specific complainant or9
other person involved in the complaint; or10
(XVII) A complaint of harassment or discrimination, as described11
in section 22-1-143, that is unsubstantiated and all records related to the12
unsubstantiated complaint, including records of an investigation into the13
complaint; OR14
(XVIII) A WRITTEN DOCUMENT OR ELECTRONIC RECORD THAT IS15
PRODUCED BY A DEVICE OR APPLICATION THAT IS USED TO ASSIST AN16
1296-3- INDIVIDUAL WITH A DISABILITY TO FACILITATE COMMUNICATION IF THE1
WRITTEN DOCUMENT OR ELECTRONIC RECORD HAS BEEN PRODUCED TO2
FACILITATE COMMUNICATION IN LIEU OF VERBAL COMMUNICATION .3
4
SECTION 2. In Colorado Revised Statutes, 24-72-203, amend5
(3)(b) introductory portion, (3)(b)(I), (3)(b)(II) introductory portion,6
(3)(b)(II)(B), and (3)(b)(III); and add (1)(c), (3)(b)(IV), (3)(b.5), (3)(d),7
and (3)(e) as follows:8
24-72-203. Public records open to inspection. (1) (c) A PUBLIC9
ENTITY THAT HAS PUBLIC RECORDS THAT MAY BE SUBJECT TO DISCLOSURE10
PURSUANT TO THIS PART 2 SHALL POST ON ITS WEBSITE ANY RULES OR11
POLICIES ADOPTED IN ACCORDANCE WITH THIS PART 2, INCLUDING RULES12
CONCERNING THE INSPECTION OF PUBLIC RECORDS AND WHAT THE PUBLIC13
ENTITY'S RECORDS RETENTION POLICY IS. THE PUBLIC ENTITY SHALL ALSO14
POST INFORMATION ON ITS WEBSITE INFORMING MEMBERS OF THE PUBLIC15
HOW TO REQUEST INSPECTION OF PUBLIC RECORDS FROM A CUSTODIAN OF16
THE PUBLIC ENTITY. IF THE PUBLIC ENTITY DOES NOT HAVE A PUBLICLY17
ACCESSIBLE WEBSITE, THEN THE INFORMATION REQUIRED TO BE POSTED18
PURSUANT TO THIS SUBSECTION (1)(c) MUST BE PHYSICALLY POSTED IN19
THE LOCATION DESIGNATED BY THE PUBLIC ENTITY FOR POSTING NOTICES. 20
(3) (b) The date and hour set for the inspection of21
records not readily available at the time of the request shall MUST be22
within a reasonable time after the request. As used in this subsection (3),23
a "reasonable time" shall be IS presumed to be three FIVE working days or24
less. Such period may be extended if extenuating circumstances exist.25
However, such period of extension shall not exceed seven TEN working26
days. A finding that extenuating circumstances exist shall MUST be made27
1296
-4- in writing by the custodian and shall MUST be provided to the person1
making the request within the three-day FIVE-DAY period. Extenuating2
circumstances shall apply only when:3
(I) A broadly stated request is made that encompasses all or4
substantially all of a large category of records and the request is without5
sufficient specificity to allow the custodian reasonably to prepare or6
gather the records within the three-day FIVE-DAY period; or7
(II) A broadly stated request is made that encompasses all or8
substantially all of a large category of records and the agency is unable to9
prepare or gather the records within the three-day FIVE-DAY period10
because:11
(B) In the case of the general assembly or its staff or service12
agencies, the general assembly is in session; or 13
(III) A request involves such a large volume of records that the14
custodian cannot reasonably prepare or gather the records within the15
three-day FIVE-DAY period without substantially interfering with the16
custodian's obligation to perform his or her other public service17
responsibilities;
OR18
(IV) T
HE CUSTODIAN, OR A PERSON WHO IS ESSENTIAL TO THE19
PROCESS OF RESPONDING TO REQUESTS , IS NOT SCHEDULED TO WORK20
WITHIN
ALL OR PART OF THE FIVE-DAY PERIOD.21
(b.5) NOTWITHSTANDING THE PERIODS SET FORTH IN SUBSECTION22
(3)(b) OF THIS SECTION, A "REASONABLE TIME" TO RESPOND TO A REQUEST23
MADE BY A MASS MEDIUM, AS DEFINED IN SECTION 13-90-119 (1)(a), OR24
A NEWSPERSON, AS DEFINED IN SECTION 13-90-119 (1)(c), IS PRESUMED TO25
BE THREE WORKING DAYS OR LESS, AND SUCH PERIOD MAY BE EXTENDED26
UP TO AN ADDITIONAL SEVEN WORKING DAYS IF EXTENUATING27
1296
-5- CIRCUMSTANCES EXIST AS SET FORTH IN SUBSECTION (3)(b) OF THIS1
SECTION.2
(d) (I) (A) IF A CUSTODIAN, DESPITE EXPENDING REASONABLE3
EFFORT, IS UNABLE TO DETERMINE OR ACCESS PUBLIC RECORDS THAT MAY4
BE RESPONSIVE TO A REQUEST BECAUSE THE PUBLIC RECORDS MAY BE IN5
THE SOLE AND EXCLUSIVE CUSTODY AND CONTROL OF ANOTHER6
EMPLOYEE, VOLUNTEER, DIRECTOR, AGENT, ELECTED OFFICIAL, OR OTHER7
PERSON AUTHORIZED TO HAVE CUSTODY AND CONTROL OF THE PUBLIC8
RECORDS WHO IS ON LEAVE, NOT ON CONTRACT, OR OTHERWISE NOT9
SCHEDULED TO WORK WITHIN THE THREE-DAY OR FIVE-DAY PERIOD, AS10
APPLICABLE, THE CUSTODIAN SHALL PROVIDE WITHIN THE APPLICABLE11
PERIODS SET FORTH IN THIS SUBSECTION (3) ALL OTHER AVAILABLE12
RESPONSIVE PUBLIC RECORDS IN ACCORDANCE WITH THIS PART 2. THE13
CUSTODIAN SHALL NOTIFY THE REQUESTER OF THE EARLIEST DATE ON14
WHICH THE OTHER PERSON WHO MAY HAVE ANY ADDITIONAL15
POTENTIALLY RESPONSIVE PUBLIC RECORDS IS EXPECTED TO BE16
AVAILABLE AND IF THE PERSON'S RETURN DATE IS UNABLE TO BE17
DETERMINED AT THE TIME OF THE REQUEST, THE CUSTODIAN SHALL18
NOTIFY THE REQUESTER OF THE DATE OF THE PERSON 'S RETURN AS SOON19
AS IT IS ABLE TO BE DETERMINED OR, IF THE PERSON IS NOT EXPECTED TO20
RETURN TO WORK, THE CUSTODIAN SHALL PROVIDE NOTICE TO THE21
REQUESTER OF THAT. THE REQUESTER MAY SUBMIT A NEW REQUEST FOR22
ANY ADDITIONAL POTENTIALLY RESPONSIVE PUBLIC RECORDS ON OR23
AFTER THE DATE THAT THE CUSTODIAN PROVIDES .24
(B) THIS SUBSECTION (3)(d) IS NOT INTENDED TO BE UTILIZED TO25
INTENTIONALLY DELAY OR CIRCUMVENT THE RELEASE OF PUBLIC RECORDS26
AND IT DOES NOT EXEMPT A CUSTODIAN'S RESPONSIBILITY TO MAINTAIN27
1296
-6- REASONABLE ACCESS TO PUBLIC RECORDS .1
(II) THE PROVISIONS SET FORTH IN THIS SUBSECTION (3)(d) DO NOT2
MODIFY THE PROVISIONS SET FORTH IN SUBSECTION (2)(a) OF THIS3
SECTION. 4
(e) (I) IF A CUSTODIAN DETERMINES THAT REQUESTED PUBLIC5
RECORDS WILL BE USED FOR THE DIRECT SOLICITATION OF BUSINESS FOR6
PECUNIARY GAIN, THE CUSTODIAN SHALL PROVIDE THE REQUESTER WITH7
WRITTEN NOTIFICATION OF THE DETERMINATION WITHIN THE 8
THREE-DAY OR FIVE -DAY PERIOD , AS APPLICABLE , AND,9
NOTWITHSTANDING SUBSECTION (3)(b) OF THIS SECTION, IN SETTING A10
DATE AND HOUR FOR RECORDS TO BE AVAILABLE FOR INSPECTION , THE11
CUSTODIAN SHALL HAVE THIRTY WORKING DAYS FROM PROVIDING THE12
NOTICE. A REQUESTER MAY SUBMIT WITH A REQUEST A SIGNED13
STATEMENT AFFIRMING THAT THE REQUESTED PUBLIC RECORDS WILL NOT14
BE USED FOR THE DIRECT SOLICITATION OF BUSINESS FOR PECUNIARY GAIN,15
WHICH THE CUSTODIAN MUST CONSIDER IN MAKING THE CUSTODIAN'S16
DETERMINATION PURSUANT TO THIS SUBSECTION (3)(e)(I). THE17
CUSTODIAN SHALL NOT CONSIDER IF THE REQUESTER MAY RECEIVE ANY18
MONETARY OR EQUITABLE AWARD PURSUANT TO LITIGATION IN MAKING19
THE DETERMINATION OF WHETHER A REQUEST IS FOR THE DIRECT20
SOLICITATION OF BUSINESS FOR PECUNIARY GAIN .21
(II) A
REQUESTER THAT MAKES A REQUEST THAT HAS BEEN22
DETERMINED BY A CUSTODIAN TO BE FOR THE DIRECT SOLICITATION OF23 BUSINESS FOR PECUNIARY GAIN MAY APPLY TO THE DISTRICT COURT OF24
THE DISTRICT IN WHICH THE REQUESTED PUBLIC RECORDS ARE LOCATED25
FOR A DETERMINATION THAT THE REQUEST IS NOT FOR THE DIRECT26
SOLICITATION OF BUSINESS FOR PECUNIARY GAIN. THE COURT SHALL27
1296
-7- REVIEW THE MATTER AT THE EARLIEST PRACTICAL TIME AND HAS1
DISCRETION TO LIMIT ITS REVIEW TO SUBMISSION OF PLEADINGS ,2
AFFIDAVITS, AND OTHER MATERIAL AS DEEMED APPROPRIATE BY THE3
COURT, OR THE COURT MAY SCHEDULE A HEARING. IN ITS REVIEW, THE4
COURT SHALL APPLY AN ABUSE OF DISCRETION STANDARD TO THE5
CUSTODIAN'S DETERMINATION.6
(III) N
OTWITHSTANDING SECTION 24-72-205 (6)(a), A CUSTODIAN7
IS ENTITLED TO RECOVER THE FULL COST ASSOCIATED WITH RESPONDING8
TO A REQUEST FOR RECORDS THAT HAS BEEN DETERMINED BY THE9
CUSTODIAN TO BE FOR THE DIRECT SOLICITATION OF BUSINESS FOR10
PECUNIARY GAIN.11 (IV) A REQUEST FOR PUBLIC RECORDS FOR PURPOSES RELATED TO12
COLLECTIVE BARGAINING, ORGANIZING, OR OTHER RIGHTS AND ACTIVITIES13
PROTECTED BY ARTICLE 33 OF TITLE 29 BY AN ENTITY ENGAGED IN14
COLLECTIVE BARGAINING, ORGANIZING, OR OTHER RIGHTS AND ACTIVITIES15
PROTECTED BY ARTICLE 33 OF TITLE 29 IS NOT A REQUEST FOR THE DIRECT16
SOLICITATION OF BUSINESS FOR PECUNIARY GAIN .17
(V) THIS SUBSECTION (3)(f) DOES NOT APPLY TO A CONTRACT OR18
OTHER INFORMATION DELIVERED ROUTINELY USING COMPUTER DATA19
EXTRACTION METHODS THAT REQUIRE MINIMAL HUMAN INTERVENTION20
FOR RETRIEVAL.21
SECTION 3. In Colorado Revised Statutes, 24-72-204, amend22
(3)(a)(VI) and (3)(a)(XXIII); and add (3)(a)(XXIV) as follows:23
24-72-204. Allowance or denial of inspection - grounds -24
procedure - appeal - definitions - repeal. (3) (a) The custodian25
shall deny the right of inspection of the following records, unless26
otherwise provided by law; except that the custodian shall make any of27
1296
-8- the following records, other than letters of reference concerning1
employment, licensing, or issuance of permits, available to the person in2
interest in accordance with this subsection (3):3
(VI) Except as provided in section 1-2-227, addresses, and4
telephone numbers,
AND ANY OTHER CONTACT INFORMATION of students5
in any public elementary or secondary school;6
(XXIII) Records, including analyses and maps, compiled or7
maintained in accordance with article 73 of title 35 that are based on8
information related to private lands and identify or allow to be identified9
any specific Colorado landowners, land managers, agricultural producers,10
or parcels of land; except that the custodian may release or authorize11
inspection of summary or aggregated data that do not specifically identify12
individual landowners, land managers, agricultural producers, or parcels13
of land;
AND14
(XXIV) A
N EMPLOYEE'S CALENDAR THAT IS KEPT AND15
MAINTAINED PRIMARILY PURSUANT TO THE EMPLOYEE 'S EMPLOYMENT;16
EXCEPT THAT CALENDARS OF ELECTED OFFICIALS OR EMPLOYEES IN17
LEADERSHIP POSITIONS ARE NOT SUBJECT TO THIS SUBSECTION18
(3)(a)(XXIV). N
OTHING IN THIS SUBSECTION (3)(a)(XXIV) PROHIBITS THE19
CUSTODIAN FROM ALLOWING A MASS MEDIUM , AS DEFINED IN SECTION20
13-90-119 (1)(a),
OR A NEWSPERSON, AS DEFINED IN SECTION 13-90-11921
(1)(c),
THE RIGHT OF INSPECTION OF THESE RECORDS .22
SECTION 4. In Colorado Revised Statutes, 24-72-205, add23
(6)(c)
and (8) as follows:24
24-72-205. Copy, printout, or photograph of a public record25
- imposition of research and retrieval fee. (6) (c) F
OR PURPOSES OF THE26
FEE CHARGED PURSUANT TO THIS SUBSECTION (6), A CUSTODIAN MAY27
1296
-9- TREAT A REQUEST FOR PUBLIC RECORDS MADE WITHIN FOURTEEN1
CALENDAR DAYS OF ANOTHER REQUEST MADE BY THE SAME PERSON AS2
ONE REQUEST AND NOT AS MULTIPLE INDIVIDUAL REQUESTS; EXCEPT THAT3
THIS SUBSECTION (6)(c) DOES NOT APPLY TO REQUESTS MADE BY A MASS4
MEDIUM, AS DEFINED IN SECTION 13-90-119 (1)(a), OR A NEWSPERSON, AS5
DEFINED IN SECTION 13-90-119 (1)(c).6
(8) IF A CUSTODIAN IMPOSES ANY REQUIREMENTS CONCERNING7
THE PRE-PAYMENT OF FEES OR THE PAYMENT OF FEES IN CONNECTION8
WITH A REQUEST FOR INSPECTION OF PUBLIC RECORDS, THE REQUIREMENTS9
MUST BE IN ACCORDANCE WITH THE CUSTODIAN'S ADOPTED RULES OR10
WRITTEN POLICIES PURSUANT TO THIS PART 2 AND MUST NOT BE11
INCONSISTENT WITH THE PROVISIONS SET FORTH IN THIS SECTION .12
SECTION 5. In Colorado Revised Statutes, add 2-2-328 as13
follows:14
2-2-328. Retention of records. MEMBERS OF THE GENERAL15
ASSEMBLY SHALL RETAIN PUBLIC RECORDS , AS DEFINED IN SECTION16
24-72-202 (6), FOR A MINIMUM OF SIXTY DAYS.17
SECTION 6. Act subject to petition - effective date -18
applicability. (1) This act takes effect at 12:01 a.m. on the day following19
the expiration of the ninety-day period after final adjournment of the20
general assembly; except that, if a referendum petition is filed pursuant21
to section 1 (3) of article V of the state constitution against this act or an22
item, section, or part of this act within such period, then the act, item,23
section, or part will not take effect unless approved by the people at the24
general election to be held in November 2024 and, in such case, will take25
effect on the date of the official declaration of the vote thereon by the26
governor.27
1296
-10- (2) (a) Sections 1, 2, 3, and 4 of this act apply to requests for open1
records made pursuant to article 72 of title 24, Colorado Revised Statutes,2
on or after the applicable effective date of this act.3
(b) Section 5 of this act applies to public records of the members4
of the general assembly on or after the applicable effective date of this5
act.6
1296
-11-