A Bill for an Act
Page 1, Line 101Concerning modifications to the "Colorado Open Records
Page 1, Line 102Act".
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):
- 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 in lieu of verbal communication;
- Changes 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;
- 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;
- Requires public entities to post any rules or policies adopted pursuant to 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;
- 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. The requester may make a subsequent request for additional responsive records, if any, on or after the date the custodian provides.
- Allows 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, permits 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, and allows 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;
- In addition to the prohibition on disclosing public elementary or secondary school students' addresses and telephone numbers, 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;
- 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 in accordance with the custodian's adopted rules or written policies and must not be inconsistent with the provisions of CORA;
- Allows a requester to ask a custodian for a reasonable break-down of costs that comprises the fee charged for the research and retrieval of the requested public records;
- 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; and
- Allows a custodian to treat a CORA request made within 14 calendar days of another CORA request for information pertaining to 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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 3, Line 2SECTION 1. In Colorado Revised Statutes, 24-72-202, amend (6)(b)(XVII) and (6)(b)(XVIII); and add (6)(b)(XIX) as follows:
Page 3, Line 324-72-202. Definitions. As used in this part 2, unless the context otherwise requires:
Page 3, Line 4(6) (b) "Public records" does not include:
Page 3, Line 5(XVII) A complaint of harassment or discrimination, as described
Page 3, Line 6in section 22-1-143, that is unsubstantiated and all records related to the
Page 4, Line 1unsubstantiated complaint, including records of an investigation into the complaint;
orPage 4, Line 2(XVIII) Jail assessments conducted pursuant to section 30-10-530 (5)(d) or 24-31-118; or
Page 4, Line 3(XIX) (A) A written document or electronic record that
Page 4, Line 4is produced by a device or application that is used to assist an
Page 4, Line 5individual with a disability to facilitate communication if the
Page 4, Line 6written document or electronic record has been produced to
Page 4, Line 7facilitate communication for the individual with the disability in lieu of verbal communication; or
Page 4, Line 8(B) A written document or electronic record that is
Page 4, Line 9produced by a device or application that is used to assist
Page 4, Line 10individuals with a language barrier to facilitate communication
Page 4, Line 11if the written document or electronic record has been produced
Page 4, Line 12to facilitate communication between the individuals with a
Page 4, Line 13language barrier in lieu of verbal communication. As used in this
Page 4, Line 14subsection (6)(b)(XIX)(B), "language barrier" means a difficulty
Page 4, Line 15for individuals to communicate because the individuals speak
Page 4, Line 16different languages or do not otherwise share a common language.
Page 4, Line 17SECTION 2. In Colorado Revised Statutes, 24-72-203, amend
Page 4, Line 18(3)(b) introductory portion, (3)(b)(I), (3)(b)(II) introductory portion,
Page 4, Line 19(3)(b)(II)(B), (3)(b)(III), (3)(d)(I), and (3)(d)(II); and add (1)(c), (3)(b)(IV), (3)(b.5), (3)(e), and (3)(f) as follows:
Page 4, Line 2024-72-203. Public records open to inspection - definitions.
Page 4, Line 21(1) (c) A public entity that has public records that may be
Page 4, Line 22subject to disclosure pursuant to this part 2 shall post on its
Page 5, Line 1website any rules or policies adopted in accordance with this
Page 5, Line 2part 2, including rules concerning the inspection of public
Page 5, Line 3records. The public entity shall also post on its website any
Page 5, Line 4records retention policy that it has and shall provide on its
Page 5, Line 5website information to members of the public concerning how to
Page 5, Line 6request inspection of public records from a custodian of the
Page 5, Line 7public entity. If the public entity does not have a publicly
Page 5, Line 8accessible website, then the information required to be posted
Page 5, Line 9pursuant to this subsection (1)(c) must be physically posted in the location designated by the public entity for posting notices.
Page 5, Line 10(3) (b) The date and hour set for the inspection of records not
Page 5, Line 11readily available at the time of the request
shallPage 5, Line 12reasonable time after the request. As used in this subsection (3), a
Page 5, Line 13"reasonable time"
shall bethreePage 5, Line 14less. Such period may be extended if extenuating circumstances exist.
Page 5, Line 15However, such period of extension shall not exceed
sevenPage 5, Line 16days. A finding that extenuating circumstances exist
shallPage 5, Line 17in writing by the custodian and
shallPage 5, Line 18making the request within the
three-dayshallPage 5, Line 19(I) A broadly stated request is made that encompasses all or
Page 5, Line 20substantially all of a large category of records and the request is without
Page 5, Line 21sufficient specificity to allow the custodian reasonably to prepare or gather the records within the
three-dayorPage 5, Line 22(II) A broadly stated request is made that encompasses all or
Page 5, Line 23substantially all of a large category of records and the agency is unable to
Page 5, Line 24prepare or gather the records within the
three-dayPage 6, Line 1(B) In the case of the general assembly or its staff or service agencies, the general assembly is in session;
orPage 6, Line 2(III) A request involves such a large volume of records that the
Page 6, Line 3custodian cannot reasonably prepare or gather the records within the
Page 6, Line 4
three-dayPage 6, Line 5custodian's obligation to perform
his or herPage 6, Line 6(IV) The custodian, or a person who is essential to the
Page 6, Line 7process of responding to requests, is not scheduled to work within all or part of the five-day period.
Page 6, Line 8(b.5) Notwithstanding the periods set forth in subsection
Page 6, Line 9(3)(b) of this section, a "reasonable time" to respond to a request
Page 6, Line 10made by a mass medium, as defined in section 13-90-119 (1)(a), or
Page 6, Line 11a newsperson, as defined in section 13-90-119 (1)(c), is presumed to
Page 6, Line 12be three working days or less, and such period may be extended
Page 6, Line 13up to an additional seven working days if extenuating
Page 6, Line 14circumstances exist as set forth in subsection (3)(b) of this section.
Page 6, Line 15(d) Notwithstanding any other provision of this section, if the
Page 6, Line 16public records requested are election-related and are in the custody and
Page 6, Line 17control of a county clerk and recorder but are in active use, in storage, or
Page 6, Line 18otherwise not readily available at the time a requester asks to examine
Page 6, Line 19them, and the request is made during an election for which the county
Page 6, Line 20clerk and recorder is the designated election official, the county clerk and
Page 6, Line 21recorder may, at the county clerk and recorder's discretion, take additional
Page 6, Line 22time to fulfill the request as specified in this subsection (3)(d); except that
Page 7, Line 1the provisions of this subsection (3)(d) do not apply if the requester of the
Page 7, Line 2public records is a mass medium organization as defined in section
Page 7, Line 313-90-119 (1)(a), or a newsperson, as defined in section 13-90-119 (1)(c).
Page 7, Line 4The county clerk and recorder may take additional time to fulfill the request as follows:
Page 7, Line 5(I) During the period beginning on the sixtieth day before election
Page 7, Line 6day and concluding with the date by which the county clerk and recorder
Page 7, Line 7certifies the final official abstract of votes cast for the applicable election,
Page 7, Line 8the county clerk and recorder may extend the period for production of
Page 7, Line 9records up to an additional ten working days past the
seven-dayPage 7, Line 10(II) The county clerk and recorder shall provide written notice of
Page 7, Line 11the extension to the requester within
threePage 7, Line 12(e) (I) (A) If a custodian, despite expending reasonable
Page 7, Line 13effort, is unable to determine or access public records that may
Page 7, Line 14be responsive to a request because the public records may be in
Page 7, Line 15the sole and exclusive custody and control of another
Page 7, Line 16employee, volunteer, director, agent, elected official, or other
Page 7, Line 17person authorized to have custody and control of the public
Page 7, Line 18records who is on leave, not on contract, or otherwise not
Page 7, Line 19scheduled to work within the applicable response period, the
Page 7, Line 20custodian shall provide within the applicable response period
Page 7, Line 21all other available responsive public records in accordance
Page 7, Line 22with this part 2. The custodian shall notify the requester of the
Page 7, Line 23earliest date on which the other person who may have any
Page 7, Line 24additional potentially responsive public records is expected to
Page 8, Line 1be available and if the person's return date is unable to be
Page 8, Line 2determined at the time of the request, the custodian shall
Page 8, Line 3notify the requester of the date of the person's return as soon
Page 8, Line 4as it is able to be determined or, if the person is not expected to
Page 8, Line 5return to work, the custodian shall provide notice to the
Page 8, Line 6requester of that. The requester may submit a new request for
Page 8, Line 7any additional potentially responsive public records on or after the date that the custodian provides.
Page 8, Line 8(B) This subsection (3)(e) is not intended to be utilized to
Page 8, Line 9intentionally delay or circumvent the release of public records
Page 8, Line 10and it does not exempt a custodian's responsibility to maintain reasonable access to public records.
Page 8, Line 11(II) The provisions set forth in this subsection (3)(e) do not
Page 8, Line 12modify the provisions set forth in subsection (2)(a) of this section.
Page 8, Line 13(III) As used in this subsection (3)(e), unless the context otherwise requires, "applicable response period" means:
Page 8, Line 14(A) The five-day period or the ten-day extension set forth in subsection (3)(b) of this section;
Page 8, Line 15(B) The three-day period or the seven-day extension set forth in subsection (3)(b.5) of this section; or
Page 8, Line 16(C) The period including the additional ten-day period set forth in subsection (3)(d)(I) of this section.
Page 8, Line 17(f) (I) If a custodian determines that requested public
Page 8, Line 18records will be used for the direct solicitation of business for
Page 8, Line 19pecuniary gain, the custodian shall provide the requester with
Page 8, Line 20written notice of the determination within the three-day or
Page 9, Line 1five-day period, as applicable, and, notwithstanding any other
Page 9, Line 2provision of this section, in setting a date and hour for records
Page 9, Line 3to be available for inspection, the custodian shall have thirty
Page 9, Line 4working days from providing the notice. A requester may submit
Page 9, Line 5with a request a signed statement affirming that the requested
Page 9, Line 6public records will not be used for the direct solicitation of
Page 9, Line 7business for pecuniary gain, which the custodian must consider
Page 9, Line 8in making the custodian's determination pursuant to this
Page 9, Line 9subsection (3)(f)(I). The custodian shall not consider if the
Page 9, Line 10requester may receive any monetary or equitable award
Page 9, Line 11pursuant to litigation in making the determination of whether
Page 9, Line 12a request is for the direct solicitation of business for pecuniary gain.
Page 9, Line 13(II) A requester that makes a request that has been
Page 9, Line 14determined by a custodian to be for the direct solicitation of
Page 9, Line 15business for pecuniary gain may apply to the district court of
Page 9, Line 16the district in which the requested public records are located
Page 9, Line 17for a determination that the request is not for the direct
Page 9, Line 18solicitation of business for pecuniary gain. The court shall
Page 9, Line 19review the matter at the earliest practical time and has
Page 9, Line 20discretion to limit its review to submission of pleadings,
Page 9, Line 21affidavits, and other material as deemed appropriate by the
Page 9, Line 22court, or the court may schedule a hearing. In its review, the
Page 9, Line 23court shall apply an abuse of discretion standard to the custodian's determination.
Page 9, Line 24(III) Notwithstanding section 24-72-205 (6)(a), a custodian
Page 9, Line 25is entitled to recover the reasonable cost associated with
Page 10, Line 1directly responding to a request for records that has been
Page 10, Line 2determined by the custodian to be for the direct solicitation of business for pecuniary gain.
Page 10, Line 3(IV) A request for public records for purposes related to
Page 10, Line 4collective bargaining, organizing, or other rights and activities
Page 10, Line 5protected by article 33 of title 29 by an entity engaged in
Page 10, Line 6collective bargaining, organizing, or other rights and activities
Page 10, Line 7protected by article 33 of title 29 is not a request for the direct solicitation of business for pecuniary gain.
Page 10, Line 8(V) This subsection (3)(f) does not apply to a contract or
Page 10, Line 9other information delivered using computer data extraction methods that require minimal human intervention for retrieval.
Page 10, Line 10SECTION 3. In Colorado Revised Statutes, 24-72-204, amend(2)(a)(X)(C) and (3)(a)(VI); and add (2)(a)(XI) as follows:
Page 10, Line 1124-72-204. Allowance or denial of inspection - grounds -
Page 10, Line 12procedure - appeal - definitions - repeal. (2) (a) The custodian may
Page 10, Line 13deny the right of inspection of the following records, unless otherwise
Page 10, Line 14provided by law, on the ground that disclosure to the applicant would be contrary to the public interest:
Page 10, Line 15(X) (C) An individual animal's or group of animal's breeding or nesting habitat; and
Page 10, Line 16(XI) (A) Except for coroners' autopsy reports as provided
Page 10, Line 17in subsection (3)(a)(I) of this section, all records, files, and
Page 10, Line 18information gathered and created during the course of a coroner's investigation.
Page 10, Line 19(B) Notwithstanding subsection (2)(a)(XI)(A) of this
Page 10, Line 20section or any other law to the contrary, the custodian shall
Page 11, Line 1allow to a decedent's next of kin the right of inspection of
Page 11, Line 2records, files, information, or specifically requested portions
Page 11, Line 3of the coroner's record that is generated by the coroner in the
Page 11, Line 4investigation of the decedent's death; except that if the
Page 11, Line 5decedent's death is the subject of an open or ongoing
Page 11, Line 6investigation by law enforcement or a criminal trial and the
Page 11, Line 7custodian knows of the investigation or trial, then the
Page 11, Line 8custodian may deny the right of inspection of the requested records until the conclusion of the investigation or trial.
Page 11, Line 9(C) As used in this subsection (2)(a)(XI), "next of kin" means
Page 11, Line 10the decedent's personal representative or special administrator
Page 11, Line 11of the decedent's estate, the decedent's surviving spouse so long
Page 11, Line 12as the couple was not legally separated at the time of the
Page 11, Line 13decedent's death, a person with the right to direct disposition of
Page 11, Line 14the decedent's last remains, the decedent's surviving adult
Page 11, Line 15children, the decedent's parents or legal guardian, or the decedent's surviving adult siblings.
Page 11, Line 16(3) (a) The custodian shall deny the right of inspection of the
Page 11, Line 17following records, unless otherwise provided by law; except that the
Page 11, Line 18custodian shall make any of the following records, other than letters of
Page 11, Line 19reference concerning employment, licensing, or issuance of permits, available to the person in interest in accordance with this subsection (3):
Page 11, Line 20(VI) Except as provided in section 1-2-227, addresses and
Page 11, Line 21telephone numbers of students in any public elementary or secondary
Page 11, Line 22school and any other information of students in any public
Page 11, Line 23elementary or secondary school that could be used by a person
Page 11, Line 24to directly contact, address, or send a message to the student through any means or method;
Page 12, Line 1SECTION 4. In Colorado Revised Statutes, 24-72-205, amend (6)(a) and (7); and add (6)(c) and (8) as follows:
Page 12, Line 224-72-205. Copy, printout, or photograph of a public record
Page 12, Line 3- imposition of research and retrieval fee. (6) (a) A custodian may
Page 12, Line 4impose a fee in response to a request for the research and retrieval of
Page 12, Line 5public records only if the custodian has, prior to the date of receiving the
Page 12, Line 6request, either posted on the custodian's website or otherwise published
Page 12, Line 7a written policy that specifies the applicable conditions concerning the
Page 12, Line 8research and retrieval of public records by the custodian, including the
Page 12, Line 9amount of any current fee. Under any such policy, the custodian shall not
Page 12, Line 10impose a charge for the first hour of time expended in connection with the
Page 12, Line 11research and retrieval of public records. After the first hour of time has
Page 12, Line 12been expended, the custodian may charge a fee for the research and
Page 12, Line 13retrieval of public records that shall not exceed thirty dollars per hour. If
Page 12, Line 14requested, a custodian shall provide a reasonable break-down
Page 12, Line 15of costs that comprises the fee charged for the research and
Page 12, Line 16retrieval of public records authorized pursuant to this subsection (6)(a).
Page 12, Line 17(c) For purposes of the fee charged pursuant to this
Page 12, Line 18subsection (6), a custodian may treat a request for public
Page 12, Line 19records made within fourteen calendar days of another request
Page 12, Line 20for information pertaining to facially similar content made by
Page 12, Line 21the same person as one request and not as multiple individual
Page 12, Line 22requests; except that this subsection (6)(c) does not apply to
Page 12, Line 23requests made by a mass medium, as defined in section 13-90-119
Page 12, Line 24(1)(a), or a newsperson, as defined in section 13-90-119 (1)(c).
Page 13, Line 1(7) If a
custodian of a public record requested pursuant to this partPage 13, Line 2
2Page 13, Line 3service or product provided by the
custodianPage 13, Line 4card or electronic payment,
thePage 13, Line 5a public record requested pursuant to this part 2 must allow the
Page 13, Line 6requester of the public record to pay any fee or deposit associated with the
Page 13, Line 7request with a credit card or via an electronic payment. The custodian
Page 13, Line 8may require a requester to pay any service charge or fee imposed by the processor of a credit card or electronic payment.
Page 13, Line 9(8) If a custodian imposes any requirements concerning
Page 13, Line 10the prepayment of fees or the payment of fees in connection with
Page 13, Line 11a request for inspection of public records, the requirements
Page 13, Line 12must be in accordance with the custodian's adopted rules or
Page 13, Line 13written policies pursuant to this part 2 and must not be inconsistent with the provisions set forth in this section.
Page 13, Line 14SECTION 5. Act subject to petition - effective date -
Page 13, Line 15applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 13, Line 16the expiration of the ninety-day period after final adjournment of the
Page 13, Line 17general assembly; except that, if a referendum petition is filed pursuant
Page 13, Line 18to section 1 (3) of article V of the state constitution against this act or an
Page 13, Line 19item, section, or part of this act within such period, then the act, item,
Page 13, Line 20section, or part will not take effect unless approved by the people at the
Page 13, Line 21general election to be held in November 2026 and, in such case, will take
Page 13, Line 22effect on the date of the official declaration of the vote thereon by the governor.
Page 13, Line 23(2) This act applies to requests for public records made pursuant
Page 13, Line 24to article 72 of title 24, Colorado Revised Statutes, on or after the applicable effective date of this act.