Vetoed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to pass a bill that increases the time for local governments to respond to records requests from the public and businesses while exempting journalists from the delays in Colorado.

Highlights:

• Amends and makes the following changes to the "Colorado Open Records Act" (CORA) (Sec. 1-4).

• Exempts and excludes from the definition of a "public record" a written document or electronic record that is produced by a device or application that is used to assist an individual with a disability or individuals with a language barrier to facilitate communication if the written document or electronic record has been produced to facilitate communication instead of verbal communication (Sec. 1-4).

• Amends the reasonable time to respond to a CORA request, except for requests from a mass medium or a newsperson, from 3 working days to 5 working days and changes the extension of time for the response period if extenuating circumstances exist from not exceeding 7 additional days to not exceeding 10 additional days (Sec. 1-4).

• Authorizes and 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 (Sec. 1-4).

• Requires public entities to post any rules or policies adopted under CORA, including, if the public entity has one, the public entity's records retention policy, and to post information for members of the public regarding how to make a public records request (Sec. 1-4).

• Specifies that if public records are in the sole and exclusive custody and control of someone who is not scheduled to work within the response period, requires a custodian to provide all other available responsive public records within the response period and notify the requester of the earliest date on which the person is expected to be available or that the person is not expected to return to work (Sec. 1-4).

• Specifies that the requester may make a subsequent request for additional responsive records, if any, on or after the date the custodian provides (Sec. 1-4).

• Authorizes a custodian, subject to certain exceptions, to determine that a request is made for the direct solicitation of business for pecuniary gain, requires the custodian to provide written notice of the determination to the requester, allows the custodian a 30-day response period for such a request (Sec. 1-4).

• requires the requester to submit a signed statement affirming that the request is not for the direct solicitation of business for pecuniary gain which the custodian must consider in making their determination, 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 (Sec. 1-4).

• Authorizes a custodian to charge the requester for the reasonable cost of directly responding to the request, notwithstanding the allowance for the first hour of research and retrieval to otherwise be free of charge, and notwithstanding the statutory cap on fees, which otherwise would apply (Sec. 1-4).

• Specifies that in addition to the prohibition on disclosing public elementary or secondary school students' addresses and telephone numbers, it prohibits disclosure of any other information of such a student that could be used by a person to directly contact, address, or send a message to the student through any means or method (Sec. 1-4).

• Amends and clarifies that if a custodian imposes any requirements concerning the prepayment of fees or the payment of fees in connection with a request for inspection of public records, the requirements must be under the custodian's adopted rules or written policies and must not be inconsistent with the provisions of CORA (Sec. 1-4).

• Authorizes a requester to ask a custodian for a reasonable breakdown of costs that comprise the fee charged for the research and retrieval of the requested public records (Sec. 1-4).

• Amends and modifies the requirement that, if a custodian of records for a public entity allows members of the public to pay for any other service or product provided by the custodian with a credit card or electronic payment, then the custodian must allow a requester of a public record to pay any fee or deposit associated with the request with a credit card or electronic payment, to instead require that the custodian allow for payment in this manner if the public entity allows members of the public to pay for any other service or product provided by the public entity (Sec. 1-4).

• Authorizes a custodian to treat a CORA request made within 14 calendar days of another CORA request for information about facially similar content made by the same person as one request for purposes of calculating the fee that the custodian may charge the requester for research and retrieval of responsive public records (Sec. 1-4).

• Specifies that the provisions of this bill shall take effect immediately following 90 days after the final adjournment date of the current legislative session (Sec. 5).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that increases the time for local governments to respond to records requests from the public and businesses while exempting journalists from the delays in Colorado.

Highlights:

• Amends and makes the following changes to the "Colorado Open Records Act" (CORA) (Sec. 1-4).

• Exempts and excludes from the definition of a "public record" a written document or electronic record that is produced by a device or application that is used to assist an individual with a disability or individuals with a language barrier to facilitate communication if the written document or electronic record has been produced to facilitate communication instead of verbal communication (Sec. 1-4).

• Amends the reasonable time to respond to a CORA request, except for requests from a mass medium or a newsperson, from 3 working days to 5 working days and changes the extension of time for the response period if extenuating circumstances exist from not exceeding 7 additional days to not exceeding 10 additional days (Sec. 1-4).

• Authorizes and 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 (Sec. 1-4).

• Requires public entities to post any rules or policies adopted under CORA, including, if the public entity has one, the public entity's records retention policy, and to post information for members of the public regarding how to make a public records request (Sec. 1-4).

• Specifies that if public records are in the sole and exclusive custody and control of someone who is not scheduled to work within the response period, requires a custodian to provide all other available responsive public records within the response period and notify the requester of the earliest date on which the person is expected to be available or that the person is not expected to return to work (Sec. 1-4).

• Specifies that the requester may make a subsequent request for additional responsive records, if any, on or after the date the custodian provides (Sec. 1-4).

• Authorizes a custodian, subject to certain exceptions, to determine that a request is made for the direct solicitation of business for pecuniary gain, requires the custodian to provide written notice of the determination to the requester, allows the custodian a 30-day response period for such a request (Sec. 1-4).

• requires the requester to submit a signed statement affirming that the request is not for the direct solicitation of business for pecuniary gain which the custodian must consider in making their determination, 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 (Sec. 1-4).

• Authorizes a custodian to charge the requester for the reasonable cost of directly responding to the request, notwithstanding the allowance for the first hour of research and retrieval to otherwise be free of charge, and notwithstanding the statutory cap on fees, which otherwise would apply (Sec. 1-4).

• Specifies that in addition to the prohibition on disclosing public elementary or secondary school students' addresses and telephone numbers, it prohibits disclosure of any other information of such a student that could be used by a person to directly contact, address, or send a message to the student through any means or method (Sec. 1-4).

• Amends and clarifies that if a custodian imposes any requirements concerning the prepayment of fees or the payment of fees in connection with a request for inspection of public records, the requirements must be under the custodian's adopted rules or written policies and must not be inconsistent with the provisions of CORA (Sec. 1-4).

• Authorizes a requester to ask a custodian for a reasonable breakdown of costs that comprise the fee charged for the research and retrieval of the requested public records (Sec. 1-4).

• Amends and modifies the requirement that, if a custodian of records for a public entity allows members of the public to pay for any other service or product provided by the custodian with a credit card or electronic payment, then the custodian must allow a requester of a public record to pay any fee or deposit associated with the request with a credit card or electronic payment, to instead require that the custodian allow for payment in this manner if the public entity allows members of the public to pay for any other service or product provided by the public entity (Sec. 1-4).

• Authorizes a custodian to treat a CORA request made within 14 calendar days of another CORA request for information about facially similar content made by the same person as one request for purposes of calculating the fee that the custodian may charge the requester for research and retrieval of responsive public records (Sec. 1-4).

• Specifies that the provisions of this bill shall take effect immediately following 90 days after the final adjournment date of the current legislative session (Sec. 5).

Full Bill Text