A Bill for an Act
Page 1, Line 101Concerning the confidentiality of information related to
Page 1, Line 102the regulation of railroad operations.
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 require the timely release of information if public knowledge of the information would protect the public safety, health, or welfare.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, amend 40-18-104 as follows:
Page 2, Line 340-18-104. Confidential investigative reports - rules.
Page 2, Line 4
Investigative reports of the commission compiled under this article shallPage 2, Line 5
be confidential and shall not be discoverable nor used as evidence in anyPage 2, Line 6
court or administrative action The commission may adopt rulesPage 2, Line 7making ongoing investigations, as described in section 24-72-204
Page 2, Line 8(2)(a)(IX), or security information, as described in section
Page 2, Line 924-72-204 (2)(a)(VIII), confidential. If the commission adopts the
Page 2, Line 10confidentiality rules, the rules must not make final reports of
Page 2, Line 11investigations confidential and must require the timely release
Page 2, Line 12of information if public knowledge of the information would protect the public safety, health, or welfare.
Page 2, Line 13SECTION 2. Safety clause. The general assembly finds,
Page 2, Line 14determines, and declares that this act is necessary for the immediate
Page 2, Line 15preservation of the public peace, health, or safety or for appropriations for
Page 2, Line 16the support and maintenance of the departments of the state and state institutions.