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SENATE BILL 26-084
BY SENATOR(S) Weissman and Frizell, Jodeh, Coleman;
also REPRESENTATIVE(S) Willford, Carter, Marshall.
CONCERNING THE PRESERVATION OF PRIVILEGES FOR CERTAIN STATE
ENTITIES IN CONNECTION WITH INFORMATION MADE AVAILABLE TO
THE OFFICE OF THE STATE AUDITOR IN THE PERFORMANCE OF ITS
STATUTORILY PRESCRIBED DUTIES RELATED TO THE STATE'S FRAUD
HOTLINE.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 2-3-107, add (2)(d) as
follows:
2-3-107. Authority to subpoena witnesses - access to records.
(2) (d) T HE DISCLOSURE OF INFORMATION OR MATERIALS , AS
DEFINED IN SECTION 2-3-110.5 (1), TO THE STATE AUDITOR, THE COMMITTEE
OR ANY SUCCESSOR COMMITTEE , OR THE GOVERNOR AFTER THE
COMMITTEE'S APPROVAL TO SEND THE RESULTS OF AN INVESTIGATION TO
THE GOVERNOR PURSUANT TO SECTION 2-3-110.5 (3)(c)(III), DOES NOT
WAIVE AN OTHERWISE VALID CLAIM OF PRIVILEGE , CONFIDENTIALITY, OR
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
OTHER PROTECTION HELD BY THE ENTITY MAKING THE DISCLOSURE ,
INCLUDING CLAIMS OF ATTORNEY -CLIENT PRIVILEGE , ATTORNEY WORK
PRODUCT CONFIDENTIALITY, COMMON INTEREST PRIVILEGE, DELIBERATIVE
PROCESS PRIVILEGE, AND ANY EXEMPTIONS FROM PUBLIC DISCLOSURE UNDER
STATE OR FEDERAL AGENCY RULE.
SECTION 2. In Colorado Revised Statutes, 2-3-110.5, add (1)(f.5)
and (6) as follows:
2-3-110.5. Fraud hotline - investigations - confidentiality - access
to records - definitions.
(1) As used in this section, unless the context otherwise requires:
(f.5) "INFORMATION OR MATERIALS" INCLUDES, BUT IS NOT LIMITED
TO, ANY WRITING PREPARED OR MAINTAINED BY A STATE AGENCY OR
VERBAL RESPONSE PROVIDED BY A STATE AGENCY REPRESENTATIVE TO ANY
QUESTION OR INQUIRY POSED BY THE STATE AUDITOR OR THE STATE
AUDITOR'S DESIGNEE THAT IS RELATED TO THE SCOPE OF AN INVESTIGATION.
(6) THE DISCLOSURE OF INFORMATION OR MATERIALS TO THE STATE
AUDITOR, THE COMMITTEE OR ANY SUCCESSOR COMMITTEE , OR THE
GOVERNOR AFTER THE COMMITTEE 'S APPROVAL TO SEND THE RESULTS OF
THE INVESTIGATION TO THE GOVERNOR PURSUANT TO SUBSECTION (3)(c)(III)
OF THIS SECTION , DOES NOT WAIVE AN OTHERWISE VALID CLAIM OF
PRIVILEGE, CONFIDENTIALITY, OR OTHER PROTECTION HELD BY THE ENTITY
MAKING THE DISCLOSURE , INCLUDING CLAIMS OF ATTORNEY -CLIENT
PRIVILEGE, ATTORNEY WORK PRODUCT CONFIDENTIALITY , COMMON
INTEREST PRIVILEGE , DELIBERATIVE PROCESS PRIVILEGE , AND ANY
EXEMPTIONS FROM PUBLIC DISCLOSURE UNDER STATE OR FEDERAL AGENCY
RULE.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
approved by the people at the general election to be held in November 2026
PAGE 2-SENATE BILL 26-084
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________ ____________________________
James Rashad Coleman, Sr. Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Esther van Mourik Vanessa Reilly
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
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