Colorado 2024 Regular Session

Colorado House Bill HB1296 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Second Regular Session
2	2		Seventy-fourth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 24-0110.01 Megan McCall x4215
8	8		HOUSE BILL 24-1296
9	9		House Committees Senate Committees
10	10		State, Civic, Military, & Veterans Affairs
11	11		Appropriations
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING MODIFICATIONS TO LESSEN THE BURDENS OF101
15	15		RESPONDING TO RECORDS RE QUESTS FOR CUSTODIANS OF102
16	16		RECORDS UNDER THE "COLORADO OPEN RECORDS ACT".103
17	17		Bill Summary
18	18		(Note: This summary applies to this bill as introduced and does
19	19		not reflect any amendments that may be subsequently adopted. If this bill
20	20		passes third reading in the house of introduction, a bill summary that
21	21		applies to the reengrossed version of this bill will be available at
22	22		http://leg.colorado.gov
23	23		.)
24	24		The bill makes the following changes to the "Colorado Open
25	25		Records Act" (CORA):
26	26		! Requires a custodian to evaluate a request for public
27	27		records promptly and for no longer than 2 days. Within the
28	28		2-day period the custodian shall notify the requester
29	29		HOUSE
30		-	3rd Reading Unamended
31		-	April 20, 2024
32		-	HOUSE
33	30		Amended 2nd Reading
34	31		April 19, 2024
35	32		HOUSE SPONSORSHIP
36		-	Kipp and Soper, ~~Boesenecker~~
	33	+	Kipp and Soper,
37	34		SENATE SPONSORSHIP
38	35		Marchman,
39	36		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
40	37		Capital letters or bold & italic numbers indicate new material to be added to existing law.
41	38		Dashes through the words or numbers indicate deletions from existing law. whether or not any costs or fees that may apply to the
42	39		request and if extenuating circumstances exist that allow
43	40		for an extension of the reasonable time to respond to a
44	41		CORA request (response period). If there are costs or fees
45	42		that may apply, the response period does not begin until the
46	43		custodian receives a response from the requester
47	44		acknowledging acceptance of the costs or fees.
48	45		Alternatively, a requester may revise their request and the
49	46		custodian shall evaluate the revised request within the
50	47		2-day evaluation period. Otherwise, the response period
51	48		begins after the custodian has provided notice to the
52	49		requester.
53	50		! Adds an extenuating circumstance that allows for an
54	51		extension of the response period when the custodian is not
55	52		scheduled to work within the response period;
56	53		! If public records are in the custody and control of someone
57	54		who is not scheduled to work within the response period,
58	55		a custodian shall notify the requester of the date the person
59	56		is scheduled to return to work and make best efforts to
60	57		make responsive records available for inspection within the
61	58		response period or extended response period, as applicable.
62	59		The requester may make a subsequent request for
63	60		additional responsive records, if any, on or after the date
64	61		the person who is authorized to have custody and control of
65	62		the records is scheduled to return to work.
66	63		! Allows a custodian to determine that a requester is a
67	64		vexatious requester, requires the custodian to make a sworn
68	65		statement in support of the determination to provide to the
69	66		requester, allows the custodian a 30-day response period
70	67		when a requester is a vexatious requester, and permits the
71	68		requester to appeal the determination that the requester is
72	69		a vexatious requester to the district court;
73	70		! Excludes a mass medium or newsperson from being a
74	71		vexatious requester;
75	72		! Allows a custodian to determine that a request is made for
76	73		the direct solicitation of business for pecuniary gain,
77	74		requires the custodian to make a sworn statement in support
78	75		of the determination to provide to the requester, allows the
79	76		custodian a 30-day response period for such a request,
80	77		permits the requester to appeal the determination that the
81	78		request is made for the direct solicitation of business for
82	79		pecuniary gain to the district court, and allows a custodian
83	80		to charge the requester for the full cost of responding to the
84	81		request notwithstanding the allowance for the first hour of
85	82		research and retrieval to otherwise be free of charge and
86	83		1296
87	84		-2- notwithstanding the statutory cap on fees, which otherwise
88	85		would apply;
89	86		! Prohibits disclosure of any other contact information of
90	87		students in any public elementary or secondary school in
91	88		addition to the prohibition of disclosure of addresses and
92	89		telephone numbers that is in current law;
93	90		! Allows a custodian to deny the right of inspection of public
94	91		records that are an employee's calendar, unless the public
95	92		record is an elected official's calendar or the calendar of an
96	93		employee who is in a leadership position or the request is
97	94		made by a mass medium or newsperson; and
98	95		! Allows a custodian to treat a CORA request made within
99	96		14 calendar days of another CORA request made by the
100	97		same person as one request for purposes of calculating the
101	98		fee that the custodian may charge to the requester for
102	99		research and retrieval of responsive public records.
103	100		Be it enacted by the General Assembly of the State of Colorado:1
104	101		SECTION 1. In Colorado Revised Statutes, 24-72-202,
105	102		amend2
106	103		(6)(b)(XVI) and (6)(b)(XVII); add (6)(b)(XVIII) as follows:3
107	104		24-72-202. Definitions. As used in this part 2, unless the context4
108	105		otherwise requires:5
109	106		(6) (b) "Public records" does not include:6
110	107		(XVI) Records related to complaints received by the office of the7
111	108		judicial discipline ombudsman pursuant to section 13-3-120, including8
112	109		any record that names or otherwise identifies a specific complainant or9
113	110		other person involved in the complaint; or10
114	111		(XVII) A complaint of harassment or discrimination, as described11
115	112		in section 22-1-143, that is unsubstantiated and all records related to the12
116	113		unsubstantiated complaint, including records of an investigation into the13
117	114		complaint; OR14
118	115		(XVIII) A WRITTEN DOCUMENT OR ELECTRONIC RECORD THAT IS15
119	116		PRODUCED BY A DEVICE OR APPLICATION THAT IS USED TO ASSIST AN16
120	117		1296-3- INDIVIDUAL WITH A DISABILITY TO FACILITATE COMMUNICATION IF THE1
121	118		WRITTEN DOCUMENT OR ELECTRONIC RECORD HAS BEEN PRODUCED TO2
122	119		FACILITATE COMMUNICATION IN LIEU OF VERBAL COMMUNICATION .3
123	120		4
124	121		SECTION 2. In Colorado Revised Statutes, 24-72-203, amend5
125	122		(3)(b) introductory portion, (3)(b)(I), (3)(b)(II) introductory portion,6
126	123		(3)(b)(II)(B), and (3)(b)(III); and add (1)(c), (3)(b)(IV), (3)(b.5), (3)(d),7
127	124		and (3)(e) as follows:8
128	125		24-72-203. Public records open to inspection. (1) (c) A PUBLIC9
129	126		ENTITY THAT HAS PUBLIC RECORDS THAT MAY BE SUBJECT TO DISCLOSURE10
130	127		PURSUANT TO THIS PART 2 SHALL POST ON ITS WEBSITE ANY RULES OR11
131	128		POLICIES ADOPTED IN ACCORDANCE WITH THIS PART 2, INCLUDING RULES12
132	129		CONCERNING THE INSPECTION OF PUBLIC RECORDS AND WHAT THE PUBLIC13
133	130		ENTITY'S RECORDS RETENTION POLICY IS. THE PUBLIC ENTITY SHALL ALSO14
134	131		POST INFORMATION ON ITS WEBSITE INFORMING MEMBERS OF THE PUBLIC15
135	132		HOW TO REQUEST INSPECTION OF PUBLIC RECORDS FROM A CUSTODIAN OF16
136	133		THE PUBLIC ENTITY. IF THE PUBLIC ENTITY DOES NOT HAVE A PUBLICLY17
137	134		ACCESSIBLE WEBSITE, THEN THE INFORMATION REQUIRED TO BE POSTED18
138	135		PURSUANT TO THIS SUBSECTION (1)(c) MUST BE PHYSICALLY POSTED IN19
139	136		THE LOCATION DESIGNATED BY THE PUBLIC ENTITY FOR POSTING NOTICES. 20
140	137		(3) (b) The date and hour set for the inspection of21
141	138		records not readily available at the time of the request shall MUST be22
142	139		within a reasonable time after the request. As used in this subsection (3),23
143	140		a "reasonable time" shall be IS presumed to be three FIVE working days or24
144	141		less. Such period may be extended if extenuating circumstances exist.25
145	142		However, such period of extension shall not exceed seven TEN working26
146	143		days. A finding that extenuating circumstances exist shall MUST be made27
147	144		1296
148	145		-4- in writing by the custodian and shall MUST be provided to the person1
149	146		making the request within the three-day FIVE-DAY period. Extenuating2
150	147		circumstances shall apply only when:3
151	148		(I) A broadly stated request is made that encompasses all or4
152	149		substantially all of a large category of records and the request is without5
153	150		sufficient specificity to allow the custodian reasonably to prepare or6
154	151		gather the records within the three-day FIVE-DAY period; or7
155	152		(II) A broadly stated request is made that encompasses all or8
156	153		substantially all of a large category of records and the agency is unable to9
157	154		prepare or gather the records within the three-day FIVE-DAY period10
158	155		because:11
159	156		(B) In the case of the general assembly or its staff or service12
160	157		agencies, the general assembly is in session; or 13
161	158		(III) A request involves such a large volume of records that the14
162	159		custodian cannot reasonably prepare or gather the records within the15
163	160		three-day FIVE-DAY period without substantially interfering with the16
164	161		custodian's obligation to perform his or her other public service17
165	162		responsibilities;
166	163		OR18
167	164		(IV) T
168	165		HE CUSTODIAN, OR A PERSON WHO IS ESSENTIAL TO THE19
169	166		PROCESS OF RESPONDING TO REQUESTS , IS NOT SCHEDULED TO WORK20
170	167		WITHIN
171	168		ALL OR PART OF THE FIVE-DAY PERIOD.21
172	169		(b.5) NOTWITHSTANDING THE PERIODS SET FORTH IN SUBSECTION22
173	170		(3)(b) OF THIS SECTION, A "REASONABLE TIME" TO RESPOND TO A REQUEST23
174	171		MADE BY A MASS MEDIUM, AS DEFINED IN SECTION 13-90-119 (1)(a), OR24
175	172		A NEWSPERSON, AS DEFINED IN SECTION 13-90-119 (1)(c), IS PRESUMED TO25
176	173		BE THREE WORKING DAYS OR LESS, AND SUCH PERIOD MAY BE EXTENDED26
177	174		UP TO AN ADDITIONAL SEVEN WORKING DAYS IF EXTENUATING27
178	175		1296
179	176		-5- CIRCUMSTANCES EXIST AS SET FORTH IN SUBSECTION (3)(b) OF THIS1
180	177		SECTION.2
181	178		(d) (I) (A) IF A CUSTODIAN, DESPITE EXPENDING REASONABLE3
182	179		EFFORT, IS UNABLE TO DETERMINE OR ACCESS PUBLIC RECORDS THAT MAY4
183	180		BE RESPONSIVE TO A REQUEST BECAUSE THE PUBLIC RECORDS MAY BE IN5
184	181		THE SOLE AND EXCLUSIVE CUSTODY AND CONTROL OF ANOTHER6
185	182		EMPLOYEE, VOLUNTEER, DIRECTOR, AGENT, ELECTED OFFICIAL, OR OTHER7
186	183		PERSON AUTHORIZED TO HAVE CUSTODY AND CONTROL OF THE PUBLIC8
187	184		RECORDS WHO IS ON LEAVE, NOT ON CONTRACT, OR OTHERWISE NOT9
188	185		SCHEDULED TO WORK WITHIN THE THREE-DAY OR FIVE-DAY PERIOD, AS10
189	186		APPLICABLE, THE CUSTODIAN SHALL PROVIDE WITHIN THE APPLICABLE11
190	187		PERIODS SET FORTH IN THIS SUBSECTION (3) ALL OTHER AVAILABLE12
191	188		RESPONSIVE PUBLIC RECORDS IN ACCORDANCE WITH THIS PART 2. THE13
192	189		CUSTODIAN SHALL NOTIFY THE REQUESTER OF THE EARLIEST DATE ON14
193	190		WHICH THE OTHER PERSON WHO MAY HAVE ANY ADDITIONAL15
194	191		POTENTIALLY RESPONSIVE PUBLIC RECORDS IS EXPECTED TO BE16
195	192		AVAILABLE AND IF THE PERSON'S RETURN DATE IS UNABLE TO BE17
196	193		DETERMINED AT THE TIME OF THE REQUEST, THE CUSTODIAN SHALL18
197	194		NOTIFY THE REQUESTER OF THE DATE OF THE PERSON 'S RETURN AS SOON19
198	195		AS IT IS ABLE TO BE DETERMINED OR, IF THE PERSON IS NOT EXPECTED TO20
199	196		RETURN TO WORK, THE CUSTODIAN SHALL PROVIDE NOTICE TO THE21
200	197		REQUESTER OF THAT. THE REQUESTER MAY SUBMIT A NEW REQUEST FOR22
201	198		ANY ADDITIONAL POTENTIALLY RESPONSIVE PUBLIC RECORDS ON OR23
202	199		AFTER THE DATE THAT THE CUSTODIAN PROVIDES .24
203	200		(B) THIS SUBSECTION (3)(d) IS NOT INTENDED TO BE UTILIZED TO25
204	201		INTENTIONALLY DELAY OR CIRCUMVENT THE RELEASE OF PUBLIC RECORDS26
205	202		AND IT DOES NOT EXEMPT A CUSTODIAN'S RESPONSIBILITY TO MAINTAIN27
206	203		1296
207	204		-6- REASONABLE ACCESS TO PUBLIC RECORDS .1
208	205		(II) THE PROVISIONS SET FORTH IN THIS SUBSECTION (3)(d) DO NOT2
209	206		MODIFY THE PROVISIONS SET FORTH IN SUBSECTION (2)(a) OF THIS3
210	207		SECTION. 4
211	208		(e) (I) IF A CUSTODIAN DETERMINES THAT REQUESTED PUBLIC5
212	209		RECORDS WILL BE USED FOR THE DIRECT SOLICITATION OF BUSINESS FOR6
213	210		PECUNIARY GAIN, THE CUSTODIAN SHALL PROVIDE THE REQUESTER WITH7
214	211		WRITTEN NOTIFICATION OF THE DETERMINATION WITHIN THE 8
215	212		THREE-DAY OR FIVE -DAY PERIOD , AS APPLICABLE , AND,9
216	213		NOTWITHSTANDING SUBSECTION (3)(b) OF THIS SECTION, IN SETTING A10
217	214		DATE AND HOUR FOR RECORDS TO BE AVAILABLE FOR INSPECTION , THE11
218	215		CUSTODIAN SHALL HAVE THIRTY WORKING DAYS FROM PROVIDING THE12
219	216		NOTICE. A REQUESTER MAY SUBMIT WITH A REQUEST A SIGNED13
220	217		STATEMENT AFFIRMING THAT THE REQUESTED PUBLIC RECORDS WILL NOT14
221	218		BE USED FOR THE DIRECT SOLICITATION OF BUSINESS FOR PECUNIARY GAIN,15
222	219		WHICH THE CUSTODIAN MUST CONSIDER IN MAKING THE CUSTODIAN'S16
223	220		DETERMINATION PURSUANT TO THIS SUBSECTION (3)(e)(I). THE17
224	221		CUSTODIAN SHALL NOT CONSIDER IF THE REQUESTER MAY RECEIVE ANY18
225	222		MONETARY OR EQUITABLE AWARD PURSUANT TO LITIGATION IN MAKING19
226	223		THE DETERMINATION OF WHETHER A REQUEST IS FOR THE DIRECT20
227	224		SOLICITATION OF BUSINESS FOR PECUNIARY GAIN .21
228	225		(II) A
229	226		REQUESTER THAT MAKES A REQUEST THAT HAS BEEN22
230	227		DETERMINED BY A CUSTODIAN TO BE FOR THE DIRECT SOLICITATION OF23 BUSINESS FOR PECUNIARY GAIN MAY APPLY TO THE DISTRICT COURT OF24
231	228		THE DISTRICT IN WHICH THE REQUESTED PUBLIC RECORDS ARE LOCATED25
232	229		FOR A DETERMINATION THAT THE REQUEST IS NOT FOR THE DIRECT26
233	230		SOLICITATION OF BUSINESS FOR PECUNIARY GAIN. THE COURT SHALL27
234	231		1296
235	232		-7- REVIEW THE MATTER AT THE EARLIEST PRACTICAL TIME AND HAS1
236	233		DISCRETION TO LIMIT ITS REVIEW TO SUBMISSION OF PLEADINGS ,2
237	234		AFFIDAVITS, AND OTHER MATERIAL AS DEEMED APPROPRIATE BY THE3
238	235		COURT, OR THE COURT MAY SCHEDULE A HEARING. IN ITS REVIEW, THE4
239	236		COURT SHALL APPLY AN ABUSE OF DISCRETION STANDARD TO THE5
240	237		CUSTODIAN'S DETERMINATION.6
241	238		(III) N
242	239		OTWITHSTANDING SECTION 24-72-205 (6)(a), A CUSTODIAN7
243	240		IS ENTITLED TO RECOVER THE FULL COST ASSOCIATED WITH RESPONDING8
244	241		TO A REQUEST FOR RECORDS THAT HAS BEEN DETERMINED BY THE9
245	242		CUSTODIAN TO BE FOR THE DIRECT SOLICITATION OF BUSINESS FOR10
246	243		PECUNIARY GAIN.11 (IV) A REQUEST FOR PUBLIC RECORDS FOR PURPOSES RELATED TO12
247	244		COLLECTIVE BARGAINING, ORGANIZING, OR OTHER RIGHTS AND ACTIVITIES13
248	245		PROTECTED BY ARTICLE 33 OF TITLE 29 BY AN ENTITY ENGAGED IN14
249	246		COLLECTIVE BARGAINING, ORGANIZING, OR OTHER RIGHTS AND ACTIVITIES15
250	247		PROTECTED BY ARTICLE 33 OF TITLE 29 IS NOT A REQUEST FOR THE DIRECT16
251	248		SOLICITATION OF BUSINESS FOR PECUNIARY GAIN .17
252	249		(V) THIS SUBSECTION (3)(f) DOES NOT APPLY TO A CONTRACT OR18
253	250		OTHER INFORMATION DELIVERED ROUTINELY USING COMPUTER DATA19
254	251		EXTRACTION METHODS THAT REQUIRE MINIMAL HUMAN INTERVENTION20
255	252		FOR RETRIEVAL.21
256	253		SECTION 3. In Colorado Revised Statutes, 24-72-204, amend22
257	254		(3)(a)(VI) and (3)(a)(XXIII); and add (3)(a)(XXIV) as follows:23
258	255		24-72-204. Allowance or denial of inspection - grounds -24
259	256		procedure - appeal - definitions - repeal. (3) (a) The custodian25
260	257		shall deny the right of inspection of the following records, unless26
261	258		otherwise provided by law; except that the custodian shall make any of27
262	259		1296
263	260		-8- the following records, other than letters of reference concerning1
264	261		employment, licensing, or issuance of permits, available to the person in2
265	262		interest in accordance with this subsection (3):3
266	263		(VI) Except as provided in section 1-2-227, addresses, and4
267	264		telephone numbers,
268	265		AND ANY OTHER CONTACT INFORMATION of students5
269	266		in any public elementary or secondary school;6
270	267		(XXIII) Records, including analyses and maps, compiled or7
271	268		maintained in accordance with article 73 of title 35 that are based on8
272	269		information related to private lands and identify or allow to be identified9
273	270		any specific Colorado landowners, land managers, agricultural producers,10
274	271		or parcels of land; except that the custodian may release or authorize11
275	272		inspection of summary or aggregated data that do not specifically identify12
276	273		individual landowners, land managers, agricultural producers, or parcels13
277	274		of land;
278	275		AND14
279	276		(XXIV) A
280	277		N EMPLOYEE'S CALENDAR THAT IS KEPT AND15
281	278		MAINTAINED PRIMARILY PURSUANT TO THE EMPLOYEE 'S EMPLOYMENT;16
282	279		EXCEPT THAT CALENDARS OF ELECTED OFFICIALS OR EMPLOYEES IN17
283	280		LEADERSHIP POSITIONS ARE NOT SUBJECT TO THIS SUBSECTION18
284	281		(3)(a)(XXIV). N
285	282		OTHING IN THIS SUBSECTION (3)(a)(XXIV) PROHIBITS THE19
286	283		CUSTODIAN FROM ALLOWING A MASS MEDIUM , AS DEFINED IN SECTION20
287	284		13-90-119 (1)(a),
288	285		OR A NEWSPERSON, AS DEFINED IN SECTION 13-90-11921
289	286		(1)(c),
290	287		THE RIGHT OF INSPECTION OF THESE RECORDS .22
291	288		SECTION 4. In Colorado Revised Statutes, 24-72-205, add23
292	289		(6)(c)
293	290		and (8) as follows:24
294	291		24-72-205. Copy, printout, or photograph of a public record25
295	292		- imposition of research and retrieval fee. (6) (c) F
296	293		OR PURPOSES OF THE26
297	294		FEE CHARGED PURSUANT TO THIS SUBSECTION (6), A CUSTODIAN MAY27
298	295		1296
299	296		-9- TREAT A REQUEST FOR PUBLIC RECORDS MADE WITHIN FOURTEEN1
300	297		CALENDAR DAYS OF ANOTHER REQUEST MADE BY THE SAME PERSON AS2
301	298		ONE REQUEST AND NOT AS MULTIPLE INDIVIDUAL REQUESTS; EXCEPT THAT3
302	299		THIS SUBSECTION (6)(c) DOES NOT APPLY TO REQUESTS MADE BY A MASS4
303	300		MEDIUM, AS DEFINED IN SECTION 13-90-119 (1)(a), OR A NEWSPERSON, AS5
304	301		DEFINED IN SECTION 13-90-119 (1)(c).6
305	302		(8) IF A CUSTODIAN IMPOSES ANY REQUIREMENTS CONCERNING7
306	303		THE PRE-PAYMENT OF FEES OR THE PAYMENT OF FEES IN CONNECTION8
307	304		WITH A REQUEST FOR INSPECTION OF PUBLIC RECORDS, THE REQUIREMENTS9
308	305		MUST BE IN ACCORDANCE WITH THE CUSTODIAN'S ADOPTED RULES OR10
309	306		WRITTEN POLICIES PURSUANT TO THIS PART 2 AND MUST NOT BE11
310	307		INCONSISTENT WITH THE PROVISIONS SET FORTH IN THIS SECTION .12
311	308		SECTION 5. In Colorado Revised Statutes, add 2-2-328 as13
312	309		follows:14
313	310		2-2-328. Retention of records. MEMBERS OF THE GENERAL15
314	311		ASSEMBLY SHALL RETAIN PUBLIC RECORDS , AS DEFINED IN SECTION16
315	312		24-72-202 (6), FOR A MINIMUM OF SIXTY DAYS.17
316	313		SECTION 6. Act subject to petition - effective date -18
317	314		applicability. (1) This act takes effect at 12:01 a.m. on the day following19
318	315		the expiration of the ninety-day period after final adjournment of the20
319	316		general assembly; except that, if a referendum petition is filed pursuant21
320	317		to section 1 (3) of article V of the state constitution against this act or an22
321	318		item, section, or part of this act within such period, then the act, item,23
322	319		section, or part will not take effect unless approved by the people at the24
323	320		general election to be held in November 2024 and, in such case, will take25
324	321		effect on the date of the official declaration of the vote thereon by the26
325	322		governor.27
326	323		1296
327	324		-10- (2) (a) Sections 1, 2, 3, and 4 of this act apply to requests for open1
328	325		records made pursuant to article 72 of title 24, Colorado Revised Statutes,2
329	326		on or after the applicable effective date of this act.3
330	327		(b) Section 5 of this act applies to public records of the members4
331	328		of the general assembly on or after the applicable effective date of this5
332	329		act.6
333	330		1296
334	331		-11-