House Bill 25-1242 Introduced

A Bill for an Act

• Page 1, Line 101Concerning government transparency laws.

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.)

Section 1 of the bill repeals provisions in the Colorado open meetings law that specifically apply to the general assembly that were enacted in 2024 by Senate Bill 24-157.

Section 2 requires that the database created and maintained by the peace officer standards and training board that includes specified information related to peace officer conduct and discipline be sortable in addition to being searchable and that it be available upon request to any member of the public with only personal information of peace officers redacted at no cost to the requester.

Sections 3, 4, and 5 make the following changes to the Colorado open records act (CORA):

• Specifies the manner in which service of requests for public records must be made;
• Requires that a requester of public records submit with the request an affidavit of service, which creates a rebuttable presumption of the date that service is made;
• Clarifies that any rules made by a custodian for the inspection of public records cannot increase any costs charged to a requester and cannot expand the date and time for inspection of public records;
• Removes the requirement that a requester must request that the custodian notify the requester that requested public records are in active use, in storage, or otherwise not readily available;
• Clarifies that computation of time for response periods is in accordance with the generally applicable law for computation of time and does not include the day that service is made;
• Permits computation of time for a request that was mailed to begin on the third day after the date of mailing;
• Changes the reasonable time to respond to a request for public records from 3 working days to 5 days;
• For a custodian to not be required to produce a digital public record in a searchable or sortable format, requires documentary evidence that producing the record in that format would violate the terms of a copyright or licensing agreement or documentary evidence, including an opinion from legal counsel, that producing the record in that format would result in the release of a third party's proprietary information;
• Although a custodian is allowed to deny inspection of a personnel file, allows inspection of any writings that reflect or discuss the exercise of official government functions by any public employee subject to certain permissible redactions;
• Allows for the first 5 hours of time expended in connection with the research and retrieval of public records to be free of charge to the requester;
• Caps the amount of the hourly fee that can be imposed for research and retrieval of public records to $25;
• Allows a $50 fee to be imposed for attorney review which is limited to review of requested public records for attorney-client privileged communication; and
• Invalidates any fee imposed by a custodian if the custodian does not provide information in writing to the requester concerning an estimate of time to be expended and fees to be charged in connection with responding to the request.
• Adds to the definition of "official record" any incident report or other record of an interaction between any on-duty peace officer and any member of the public;
• Modifies the provisions on the response period to state that a custodian shall respond to a request for criminal justice records 3 days after the day the request is received unless extenuating circumstances apply, in which case the 3-day response period may be extended for a period not to exceed 10 days. The extenuating circumstances set forth in CORA are the extenuating circumstances applicable for requests under the CCJRA.
• Requires that records in a completed internal investigation be available for public inspection within 21 days of a request being submitted and whether or not the investigation involved a member of the public;
• Removes the court's discretion and the requirement that the court find that improper denial of records is arbitrary or capricious to award court costs and attorney fees; and
• Applies the same parameters as those established under CORA for search and retrieval and attorney fees.

Sections 6, 7, 8, and 9 make the following changes to the Colorado Criminal Justice Records Act (CCJRA):

• Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 3, Line 2SECTION 1.  In Colorado Revised Statutes, 24-6-402, repeal (2.5) as follows:

• Page 3, Line 324-6-402.  Meetings - open to public - legislative declaration -

• Page 3, Line 4definitions. (2.5) (a)  For purposes of applying subsections (2)(c)(I) and

• Page 3, Line 5(2)(d)(I) of this section to a meeting of a state public body of the general assembly, a quorum must be contemporaneous.

• Page 3, Line 6(b)  Notwithstanding subsections (1)(b) and (2)(d)(III) of this

• Page 3, Line 7section, any form of written communication, electronic or otherwise,

• Page 3, Line 8exchanged by two or more members of the general assembly is not

• Page 4, Line 1subject to this part 4, but any records of the communication are subject to

• Page 4, Line 2disclosure to the extent required by the "Colorado Open Records Act", part 2 of article 72 of title 24.

• Page 4, Line 3(c)  For purposes of the application of this part 4 to the general assembly, "public business":

• Page 4, Line 4(I)  Means:

• Page 4, Line 5(A)  Introduced legislation, including bills, resolutions, and memorials;

• Page 4, Line 6(B)  Proposed legislation, which includes a bill, resolution, or

• Page 4, Line 7memorial, if a draft of the proposed legislation prepared by the office of

• Page 4, Line 8legislative legal services is being discussed by a quorum of a statutory

• Page 4, Line 9committee or a committee of reference during a regular or special

• Page 4, Line 10legislative session of the general assembly or by a quorum of any type of interim committee; or

• Page 4, Line 11(C)  Other matters before a statutory committee, any type of interim committee, or a committee of reference; and

• Page 4, Line 12(II)  Does not include matters that are by nature interpersonal,

• Page 4, Line 13administrative, or logistical or that concern personnel, planning, process,

• Page 4, Line 14training, or operations, if the merits or substance of matters set forth in

• Page 4, Line 15subsection (2.5)(c)(I) of this section are not discussed. As used in this

• Page 4, Line 16subsection (2.5)(c)(II), "merits or substance" has the same meaning as set forth in subsection (2)(d)(III) of this section.

• Page 4, Line 17SECTION 2.  In Colorado Revised Statutes, 24-31-303, amend (1)(r)(I) introductory portion; and add (1)(r)(V) as follows:

• Page 4, Line 1824-31-303.  Duties - powers of the P.O.S.T. board - definition. (1)  The P.O.S.T. board has the following duties:

• Page 4, Line 19(r) (I)  Subject to available appropriations, beginning on January

• Page 5, Line 11, 2022, to create and maintain a database, in a searchable and sortable

• Page 5, Line 2format to be published on its website, containing information related to a peace officer's:

• Page 5, Line 3(V)  Upon request, the database must be available to any

• Page 5, Line 4member of the public at no cost to the requester with only personal information of the peace officers redacted.

• Page 5, Line 5SECTION 3.  In Colorado Revised Statutes, 24-72-203, amend

• Page 5, Line 6(1)(a), (3)(a), (3)(b) introductory portion, (3)(b)(I), (3)(b)(II) introductory

• Page 5, Line 7portion, (3)(b)(III), (3)(d)(I), (3)(d)(II), and (3.5)(b)(I); and add (1.5) as follows:

• Page 5, Line 824-72-203.  Public records open to inspection. (1) (a)  All public

• Page 5, Line 9records shall be are open for inspection by any person at reasonable

• Page 5, Line 10times, except as provided in this part 2 or as otherwise provided by law,

• Page 5, Line 11but the official custodian of any public records may make such rules with

• Page 5, Line 12reference to the inspection of such public records as are reasonably

• Page 5, Line 13necessary for the protection of such the public records and the

• Page 5, Line 14prevention of unnecessary interference with the regular discharge of the

• Page 5, Line 15duties of the custodian or the custodian's office; except that no rule

• Page 5, Line 16may increase any costs charged to a requester making a request

• Page 5, Line 17for public records pursuant to this part 2 or expand the date or

• Page 5, Line 18time for the inspection of public records under this part 2. Except

• Page 5, Line 19as otherwise required by section 24-72-204 (3.5)(g), and except when a

• Page 5, Line 20record requested is confidential and accessible only on the basis that the

• Page 5, Line 21requester is the person in interest, a custodian of public records shall not

• Page 5, Line 22require a requester to provide the custodian with any form of identification to request or inspect records pursuant to this part 2.

• Page 5, Line 23(1.5) (a)  A requester shall serve a request for public

• Page 6, Line 1records on a custodian of the requested public records as follows:

• Page 6, Line 2(I)  Delivering a copy of the request for public records to the custodian by:

• Page 6, Line 3(A)  Handing it to the custodian; or

• Page 6, Line 4(B)  Leaving it at the custodian's office with a clerk or

• Page 6, Line 5other person in charge, or if no one is in charge, leaving it in a conspicuous place in the office;

• Page 6, Line 6(II)  Mailing a copy of the request for public records to

• Page 6, Line 7the custodian's business address. Service by mail is complete on mailing; or

• Page 6, Line 8(III)  Delivering a copy of the request for public records by

• Page 6, Line 9any other means, including any electronic means or a

• Page 6, Line 10designated overnight courier, consented to in writing by the

• Page 6, Line 11person served. Service by other electronic means is complete on

• Page 6, Line 12transmission; service by other consented means is complete when

• Page 6, Line 13the person making service delivers the copy to the agency designated to make delivery.

• Page 6, Line 14(b)  Service pursuant to subsection (1.5)(a) of this section

• Page 6, Line 15is not effective if the requester learns that the attempted service did not reach the custodian.

• Page 6, Line 16(c)  The requester shall submit with the request for public

• Page 6, Line 17records an affidavit of service which must include the method

• Page 6, Line 18by which service was made on the custodian and the date that

• Page 6, Line 19service was made. The affidavit of service creates a rebuttable

• Page 6, Line 20presumption of the date that service was made on the custodian

• Page 6, Line 21by the requester.

• Page 7, Line 1(d) (I)  Except as otherwise provided in subsection

• Page 7, Line 2(1.5)(d)(II) of this section, periods set forth in subsection (3) of this section are computed in accordance with section 2-4-108.

• Page 7, Line 3(II)  In computing periods set forth in subsection (3) of this section:

• Page 7, Line 4(A)  The day that service is made is not included; and

• Page 7, Line 5(B)  If service of a request for public records is made by

• Page 7, Line 6mail in accordance with subsection (1.5)(a)(II) of this section, the

• Page 7, Line 7computation of time does not start until the third day after the date of mailing.

• Page 7, Line 8(3) (a)  If the public records requested are in the custody and

• Page 7, Line 9control of the person to whom application is made but are in active use,

• Page 7, Line 10in storage, or otherwise not readily available at the time an applicant asks

• Page 7, Line 11to examine them, the custodian shall forthwith notify the applicant of this

• Page 7, Line 12fact in writing. if requested by the applicant. If requested by the applicant,

• Page 7, Line 13the custodian shall set a date and hour at which time the records will be

• Page 7, Line 14available for inspection in accordance with subsection (3)(b) of this section.

• Page 7, Line 15(b)  The date and hour set for the inspection of records not readily

• Page 7, Line 16available at the time of the request shall must be within a reasonable time

• Page 7, Line 17after service of the request. As used in this subsection (3), a "reasonable

• Page 7, Line 18time" shall be is presumed to be three fiveworking days or less. Such

• Page 7, Line 19period may be extended if extenuating circumstances exist. However,

• Page 7, Line 20such period of extension shall not exceed seven working days. A finding

• Page 7, Line 21that extenuating circumstances exist shall must be made in writing by the

• Page 7, Line 22custodian and shall must be provided to the person making the request

• Page 7, Line 23within the three-day five-day period. Extenuating circumstances shall apply only when:

• Page 8, Line 1(I)  A broadly stated request is made that encompasses all or

• Page 8, Line 2substantially all of a large category of records and the request is without

• Page 8, Line 3sufficient specificity to allow the custodian reasonably to prepare or gather the records within the three-day five-day period; or

• Page 8, Line 4(II)  A broadly stated request is made that encompasses all or

• Page 8, Line 5substantially all of a large category of records and the agency is unable to

• Page 8, Line 6prepare or gather the records within the three-day five-day period because:

• Page 8, Line 7(III)  A request involves such a large volume of records that the

• Page 8, Line 8custodian cannot reasonably prepare or gather the records within the

• Page 8, Line 9three-day five-day period without substantially interfering with the

• Page 8, Line 10custodian's obligation to perform his or her other public service responsibilities.

• Page 8, Line 11(d)  Notwithstanding any other provision of this section, if the

• Page 8, Line 12public records requested are election-related and are in the custody and

• Page 8, Line 13control of a county clerk and recorder but are in active use, in storage, or

• Page 8, Line 14otherwise not readily available at the time a requester asks to examine

• Page 8, Line 15them, and the request is made during an election for which the county

• Page 8, Line 16clerk and recorder is the designated election official, the county clerk and

• Page 8, Line 17recorder may, at the county clerk and recorder's discretion, take additional

• Page 8, Line 18time to fulfill the request as specified in this subsection (3)(d); except that

• Page 8, Line 19the provisions of this subsection (3)(d) do not apply if the requester of the

• Page 8, Line 20public records is a mass medium organization as defined in section

• Page 8, Line 2113-90-119 (1)(a), or a newsperson, as defined in section 13-90-119 (1)(c).

• Page 8, Line 22The county clerk and recorder may take additional time to fulfill the

• Page 8, Line 23request as follows:

• Page 9, Line 1(I)  During the period beginning on the sixtieth day before election

• Page 9, Line 2day and concluding with the date by which the county clerk and recorder

• Page 9, Line 3certifies the final official abstract of votes cast for the applicable election,

• Page 9, Line 4the county clerk and recorder may extend the period for production of

• Page 9, Line 5records up to an additional ten working days past the seven-day extension allowed under subsection (3)(b) of this section;

• Page 9, Line 6(II)  The county clerk and recorder shall provide written notice of

• Page 9, Line 7the extension to the requester within three working five days from the date of the request;

• Page 9, Line 8(3.5) (b)  A custodian is not required to produce a digital public

• Page 9, Line 9record in a searchable or sortable format in accordance with subsection (3.5)(a) of this section if:

• Page 9, Line 10(I)  Producing the record in the requested format would violate the

• Page 9, Line 11terms of any copyright or licensing agreement between the custodian and

• Page 9, Line 12a third party or result in the release of a third party's proprietary

• Page 9, Line 13information. or The custodian shall provide the requester, as

• Page 9, Line 14applicable, documentary evidence of a copyright or license

• Page 9, Line 15agreement or documentary evidence that the request will

• Page 9, Line 16result in the release of a third party's proprietary information,

• Page 9, Line 17which must include an opinion from legal counsel that includes

• Page 9, Line 18a description of the information, the parties to the information, and the basis of any proprietary claim.

• Page 9, Line 19SECTION 4.  In Colorado Revised Statutes, 24-72-204, amend (3)(a)(IV); and add (3)(a)(II)(C) as follows:

• Page 9, Line 2024-72-204.  Allowance or denial of inspection - grounds -

• Page 9, Line 21procedure - appeal - definitions - repeal. (3) (a)  The custodian shall

• Page 9, Line 22deny the right of inspection of the following records, unless otherwise

• Page 10, Line 1provided by law; except that the custodian shall make any of the

• Page 10, Line 2following records, other than letters of reference concerning employment,

• Page 10, Line 3licensing, or issuance of permits, available to the person in interest in accordance with this subsection (3):

• Page 10, Line 4(II) (C)  The provisions of this subsection (3)(a)(II) do not

• Page 10, Line 5prevent the public inspection of any writings that reflect or

• Page 10, Line 6discuss the exercise of official government functions by any

• Page 10, Line 7public employee, notwithstanding the rank, position, or title of

• Page 10, Line 8the employee. Public inspection of the public records set forth

• Page 10, Line 9in this subsection (3)(a)(II)(C) may be subject to redaction only

• Page 10, Line 10of the public employee's home address, home telephone number,

• Page 10, Line 11personal cell phone number, personal email address, and personal identifying information.

• Page 10, Line 12(IV)  Trade secrets, privileged information, and confidential

• Page 10, Line 13commercial, financial, geological, or geophysical data, including a social

• Page 10, Line 14security number unless disclosure of the number is required, permitted,

• Page 10, Line 15or authorized by state or federal law, furnished by or obtained from any

• Page 10, Line 16person. The custodian shall provide the requester, as applicable,

• Page 10, Line 17documentary evidence of a copyright or license agreement or

• Page 10, Line 18documentary evidence that the request will result in the

• Page 10, Line 19release of a third party's proprietary information, which must

• Page 10, Line 20include an opinion from legal counsel that includes a

• Page 10, Line 21description of the information, the parties to the information, and the basis of any proprietary claim.

• Page 10, Line 22SECTION 5.  In Colorado Revised Statutes, 24-72-205, amend (6); and add (8) as follows:

• Page 10, Line 2324-72-205.  Copy, printout, or photograph of a public record

• Page 11, Line 1- imposition of research and retrieval fee. (6) (a)  A custodian may

• Page 11, Line 2impose a fee in response to a request for the research and retrieval of

• Page 11, Line 3public records only if the custodian has, prior to the date of receiving the

• Page 11, Line 4request, either posted on the custodian's website or otherwise published

• Page 11, Line 5a written policy that specifies the applicable conditions concerning the

• Page 11, Line 6research and retrieval of public records by the custodian, including the

• Page 11, Line 7amount of any current fee. Under any such policy, the custodian shall not

• Page 11, Line 8impose a charge for the first hour five hours of time expended in

• Page 11, Line 9connection with the research and retrieval of public records. After the

• Page 11, Line 10first hour five hours of time has have been expended, the custodian

• Page 11, Line 11may charge a fee for the research and retrieval of public records that shall not exceed thirty twenty-five dollars per hour.

• Page 11, Line 12(b)  On July 1, 2019, and by July 1 of every five-year period

• Page 11, Line 13thereafter, the director of research of the legislative council appointed

• Page 11, Line 14pursuant to section 2-3-304 (1) shall adjust the maximum hourly fee

• Page 11, Line 15specified in subsection (6)(a) of this section in accordance with the

• Page 11, Line 16percentage change over the period in the United States department of

• Page 11, Line 17labor, bureau of labor statistics, consumer price index for

• Page 11, Line 18Denver-Aurora-Lakewood for all items and all urban consumers, or its

• Page 11, Line 19successor index. The director of research shall post the adjusted maximum hourly fee on the website of the general assembly.

• Page 11, Line 20(c)  A custodian may impose a fee in an amount not to

• Page 11, Line 21exceed fifty dollars for attorney review of requested public

• Page 11, Line 22records if the custodian has, prior to the date of receiving the

• Page 11, Line 23request, either posted on the custodian's website or otherwise

• Page 11, Line 24published a written policy that specifies the applicable

• Page 11, Line 25conditions concerning attorney review, including the amount of

• Page 12, Line 1any current fee. The fee allowed by this subsection (6)(c) only

• Page 12, Line 2applies to review of requested public records by the attorney for attorney-client privileged information.

• Page 12, Line 3(8) (a)  No fee allowed by this section is valid unless the

• Page 12, Line 4custodian has complied with the requirements of this subsection (8).

• Page 12, Line 5(b)  Prior to the end of the response period for the

• Page 12, Line 6requested public records, the custodian shall provide to the requester in writing:

• Page 12, Line 7(I)   If applicable, notice that attorney review of the

• Page 12, Line 8requested public records is required and contact information for the attorney that will perform the review;

• Page 12, Line 9(II)  An estimate of the total number of hours that the custodian expects are required to respond to the request;

• Page 12, Line 10(III)   The hourly rate for the research and retrieval of

• Page 12, Line 11the public records that the custodian imposes pursuant to subsection (6) of this section;

• Page 12, Line 12(IV)  An estimate of any other fees allowed by this section that the custodian anticipates will apply to the request; and

• Page 12, Line 13(V)  A total estimate of the amount the requester will be charged for production of the requested public records.

• Page 12, Line 14SECTION 6.  In Colorado Revised Statutes, 24-72-302, amend (7) as follows:

• Page 12, Line 1524-72-302.  Definitions. As used in this part 3, unless the context otherwise requires:

• Page 12, Line 16(7) (a)  "Official action" means an arrest; indictment; charging by

• Page 12, Line 17information; disposition; pretrial or posttrial release from custody;

• Page 13, Line 1judicial determination of mental or physical condition; decision to grant,

• Page 13, Line 2order, or terminate probation, parole, or participation in correctional or

• Page 13, Line 3rehabilitative programs; and any decision to formally discipline, reclassify, or relocate any person under criminal sentence.

• Page 13, Line 4(b)  "Official action" also means any incident report or

• Page 13, Line 5other record of an interaction between any peace officer, while on duty, and any member of the public.

• Page 13, Line 6SECTION 7.  In Colorado Revised Statutes, 24-72-303, amend (3) and (4)(a); and add (4)(a.5) as follows:

• Page 13, Line 724-72-303.  Records of official actions required - open to

• Page 13, Line 8inspection - applicability. (3) (a)  If the requested record of official

• Page 13, Line 9action of a criminal justice agency is in the custody and control of the

• Page 13, Line 10person to whom application is made but is in active use or in storage and

• Page 13, Line 11therefore not available at the time an applicant asks to examine it, the

• Page 13, Line 12custodian shall forthwith notify the applicant of this fact in writing, if

• Page 13, Line 13requested by the applicant. If requested by the applicant, Except as

• Page 13, Line 14otherwise provided in subsection (3)(b) of this section, the

• Page 13, Line 15custodian shall set a date and hour within three working days after the

• Page 13, Line 16day that the request is received at which time the record will be available for inspection.

• Page 13, Line 17(b)  The three-day period set forth in subsection (3)(a) of

• Page 13, Line 18this section may be extended for a period not to exceed ten days

• Page 13, Line 19if extenuating circumstances exist. For purposes of this

• Page 13, Line 20subsection (3)(b), extenuating circumstances exist only as set

• Page 13, Line 21forth in section 24-72-203 (3)(b)(I), (3)(b)(II), or (3)(b)(III).

• Page 13, Line 22Extenuating circumstances do not apply to a request that

• Page 13, Line 23relates to a single, specifically identified document.

• Page 14, Line 1(4) (a)  Upon completion of an internal investigation, including any

• Page 14, Line 2appeals process, that examines the in-uniform or on-duty conduct of a

• Page 14, Line 3peace officer, as described in part 1 of article 2.5 of title 16, related to an

• Page 14, Line 4incident of alleged misconduct involving a member of the public, the

• Page 14, Line 5entire investigation file, including the witness interviews, video and audio

• Page 14, Line 6recordings, transcripts, documentary evidence, investigative notes, and

• Page 14, Line 7final departmental decision is open for public inspection upon request;

• Page 14, Line 8except that the custodian may first provide the requester with a summary

• Page 14, Line 9of the investigation file and if, after reviewing the summary, the requester

• Page 14, Line 10requests access to the investigation file, the custodian shall provide access

• Page 14, Line 11to the entire investigation file subject to the provisions of subsections (4)(b), (4)(c), and (4)(d) of this section.

• Page 14, Line 12(a.5)  Notwithstanding the periods set forth in subsection

• Page 14, Line 13(3) of this section, criminal justice records of an internal

• Page 14, Line 14investigation requested pursuant to this subsection (4) shall be

• Page 14, Line 15available for public inspection within twenty-one days of a request being submitted to the custodian.

• Page 14, Line 16SECTION 8.  In Colorado Revised Statutes, 24-72-305, amend (7) as follows:

• Page 14, Line 1724-72-305.  Allowance or denial of inspection - grounds -

• Page 14, Line 18procedure - appeal. (7)  Any person denied access to inspect any

• Page 14, Line 19criminal justice record covered by this part 3 may apply to the district

• Page 14, Line 20court of the district wherein the record is found for an order directing the

• Page 14, Line 21custodian of such record to show cause why said custodian should not

• Page 14, Line 22permit the inspection of such record. A hearing on such application shall

• Page 14, Line 23be held at the earliest practical time. Unless the court finds that the denial

• Page 14, Line 24of inspection was proper, it shall order the custodian to permit such

• Page 15, Line 1inspection and upon a finding that the denial was arbitrary or capricious,

• Page 15, Line 2it may shall order the custodian to pay the applicant's court costs and

• Page 15, Line 3attorney fees in an amount to be determined by the court. Upon a finding

• Page 15, Line 4that the denial of inspection of a record of an official action was arbitrary

• Page 15, Line 5or capricious, the court may also order the custodian personally to pay to

• Page 15, Line 6the applicant a penalty in an amount not to exceed twenty-five dollars for each day that access was improperly denied.

• Page 15, Line 7SECTION 9.  In Colorado Revised Statutes, 24-72-306, amend (1) as follows:

• Page 15, Line 824-72-306.  Copies, printouts, or photographs of criminal

• Page 15, Line 9justice records - fees authorized. (1) (a)  Subject to subsection (1)(c)

• Page 15, Line 10of this section, criminal justice agencies may assess reasonable fees,

• Page 15, Line 11not to exceed actual costs, including but not limited to personnel and

• Page 15, Line 12equipment, for the search, retrieval, and redaction of criminal justice

• Page 15, Line 13records requested pursuant to this part 3 and may waive fees at their discretion.

• Page 15, Line 14(b)  In addition to any fees assessed in accordance with

• Page 15, Line 15subsection (1)(a) of this section, criminal justice agencies may charge

• Page 15, Line 16a fee not to exceed twenty-five cents per standard page for a copy of a

• Page 15, Line 17criminal justice record or a fee not to exceed the actual cost of providing

• Page 15, Line 18a copy, printout, or photograph of a criminal justice record in a format

• Page 15, Line 19other than a standard page. Where fees for certified copies or other

• Page 15, Line 20copies, printouts, or photographs of criminal justice records are

• Page 15, Line 21specifically prescribed by law, such specific fees shall apply. Where the

• Page 15, Line 22criminal justice agency is an agency or department of any county or

• Page 15, Line 23municipality, the amount of such fees shall be established by the

• Page 15, Line 24governing body of the county or municipality in accordance with this subsection (1).

• Page 16, Line 1(c)  A fee, or a portion of a fee, for search and retrieval as

• Page 16, Line 2set forth in subsection (1)(a) of this section may be imposed only

• Page 16, Line 3if the criminal justice agency has, prior to the date of receiving

• Page 16, Line 4the request, either posted on the agency's website or otherwise

• Page 16, Line 5published a written policy that specifies the applicable

• Page 16, Line 6conditions concerning the research and retrieval of requested

• Page 16, Line 7criminal justice records by the agency, including the amount of

• Page 16, Line 8any current fee related to research and retrieval. The policy

• Page 16, Line 9must provide that there is no charge for the first five hours of

• Page 16, Line 10time expended in connection with the research and retrieval of

• Page 16, Line 11criminal justice records. After the first five hours of time have

• Page 16, Line 12been expended, the criminal justice agency may charge a fee for

• Page 16, Line 13the research and retrieval of criminal justice records in an amount not to exceed twenty-five dollars per hour.

• Page 16, Line 14(d)  In addition to the fees allowed pursuant to this

• Page 16, Line 15section, a criminal justice agency may impose a fee in an amount

• Page 16, Line 16not to exceed fifty dollars for attorney review of requested

• Page 16, Line 17criminal justice records if the agency has, prior to the date of

• Page 16, Line 18receiving the request, either posted on the agency's website or

• Page 16, Line 19otherwise published a written policy that specifies the

• Page 16, Line 20applicable conditions concerning attorney review, including the

• Page 16, Line 21amount of any current fee. The fee allowed by this subsection

• Page 16, Line 22(1)(d) only applies to review of requested public records by the attorney for attorney-client privileged information.

• Page 16, Line 23SECTION 10.  Act subject to petition - effective date -

• Page 16, Line 24applicability. (1) This act takes effect at 12:01 a.m. on the day following

• Page 17, Line 1the expiration of the ninety-day period after final adjournment of the

• Page 17, Line 2general assembly; except that, if a referendum petition is filed pursuant

• Page 17, Line 3to section 1 (3) of article V of the state constitution against this act or an

• Page 17, Line 4item, section, or part of this act within such period, then the act, item,

• Page 17, Line 5section, or part will not take effect unless approved by the people at the

• Page 17, Line 6general election to be held in November 2026 and, in such case, will take

• Page 17, Line 7effect on the date of the official declaration of the vote thereon by the governor.

• Page 17, Line 8(2)  Sections 2 through 9 of this act apply to requests for records made on or after the applicable effective date of this act.