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. Act subject to petition - effective date. This act
Page 2, Line 14takes effect at 12:01 a.m. on the day following the expiration of the
Page 2, Line 15ninety-day period after final adjournment of the general assembly; except
Page 2, Line 16that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 2, Line 17of the state constitution against this act or an item, section, or part of this
Page 2, Line 18act within such period, then the act, item, section, or part will not take
Page 2, Line 19effect unless approved by the people at the general election to be held in
Page 2, Line 20November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.