First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 25-0234.01 Jery Payne x2157 SENATE BILL 25-052 Senate Committees House Committees Transportation & Energy Transportation, Housing & Local Government A BILL FOR AN ACT C ONCERNING THE CONFIDENTIALIT Y OF INFORMATION RELATED TO101 THE REGULATION OF RAILROAD OPERATIONS .102 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/ .) Transportation Legislation Review Committee. Current law requires investigative reports of railroads made for the public utilities commission to be kept confidential. The bill repeals this requirement and replaces it with a grant of rule-making authority to make ongoing investigations and security information confidential. The confidentiality rules must not make final reports of investigations confidential and must HOUSE 3rd Reading Unamended February 28, 2025 HOUSE 2nd Reading Unamended February 27, 2025 SENATE 3rd Reading Unamended February 4, 2025 SENATE Amended 2nd Reading February 3, 2025 SENATE SPONSORSHIP Winter F. and Hinrichsen, Cutter, Ball, Coleman, Exum, Gonzales J., Jaquez Lewis, Jodeh, Kipp, Michaelson Jenet, Snyder, Sullivan, Weissman HOUSE SPONSORSHIP Valdez and Lindsay, Froelich, Mauro, Boesenecker, Bacon, Lieder, Lindstedt, Titone 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. require the timely release of information if public knowledge of the information would protect the public safety, health, or welfare. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, amend 40-18-104 as2 follows:3 40-18-104. Confidential investigative reports - rules.4 Investigative reports of the commission compiled under this article shall5 be confidential and shall not be discoverable nor used as evidence in any6 court or administrative action THE COMMISSION MAY ADOPT RULES7 MAKING ONGOING INVESTIGATIONS , AS DESCRIBED IN SECTION 24-72-2048 (2)(a)(IX), OR SECURITY INFORMATION , AS DESCRIBED IN SECTION9 24-72-204 (2)(a)(VIII), CONFIDENTIAL. IF THE COMMISSION ADOPTS THE10 CONFIDENTIALITY RULES, THE RULES MUST NOT MAKE FINAL REPORTS OF11 INVESTIGATIONS CONFIDENTIAL AND MUST REQUIRE THE TIMELY RELEASE12 OF INFORMATION IF PUBLIC KNOWLEDGE OF THE INFORMATION WOULD13 PROTECT THE PUBLIC SAFETY, HEALTH, OR WELFARE.14 SECTION 2. Act subject to petition - effective date. This act 15 takes effect at 12:01 a.m. on the day following the expiration of the16 ninety-day period after final adjournment of the general assembly; except17 that, if a referendum petition is filed pursuant to section 1 (3) of article V18 of the state constitution against this act or an item, section, or part of this19 act within such period, then the act, item, section, or part will not take20 effect unless approved by the people at the general election to be held in21 November 2026 and, in such case, will take effect on the date of the22 official declaration of the vote thereon by the governor.23 052-2-