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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0014.01 Alison Killen x4350 SENATE BILL 26-107
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
CONCERNING MODIFICATIONS TO THE "COLORADO OPEN RECORDS101
ACT".102
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 language barriers to facilitate
SENATE SPONSORSHIP
Kipp and Rich,
HOUSE SPONSORSHIP
Soper and Carter,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
communication if the written document or electronic record
has been produced to facilitate communication in lieu of
verbal communication;
! Requires a public entity to post any rules or policies
adopted pursuant to CORA, including any records retention
policy, and to post information for members of the public
regarding how to make a public records request;
! Changes the reasonable time to respond to a CORA request
from 3 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 extension of
the response period when the custodian is not scheduled to
work within the response period;
! If public records are in the sole and exclusive custody and
control of a person 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 to 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. The requester may make
a subsequent request for additional responsive records, if
any, on or after the date the custodian provides.
! Allows a custodian to determine that a request, other than
a request for a contract or other information delivered using
computer data extraction methods that require minimal
human intervention for retrieval, is made for the direct
solicitation of business for pecuniary gain and provides a
30-day response period for such request; requires the
custodian to provide written notice of the custodian's
determination to the requester and permits the requester to
appeal the determination 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 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
student information that could be used to directly contact,
address, or send a message to a student through any means
or method;
! Allows a requester to ask a custodian for a reasonable
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breakdown of costs that comprise the fee charged for the
research and retrieval of requested public records and
requires a custodian to provide such a breakdown upon
request;
! Clarifies that the custodian of records for a public entity
must allow a requester to pay any fee or deposit associated
with a request for public records with a credit card or
electronic payment if the public entity allows members of
the public to pay in this manner for any other service or
product provided by the public entity;
! Allows a custodian to treat a CORA request received
within 14 calendar days of another CORA request for
information pertaining to facially similar content and 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;
! Requires a custodian who fails to respond to a request for
inspection within the applicable time period to provide the
requester with one additional hour of research and retrieval
time without charge for each calendar day that the response
is late; and
! Clarifies that if a custodian imposes any requirements
concerning the prepayment or payment of a fee 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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-72-202, amend2
(6)(b)(XVII) and (6)(b)(XVIII); and add (6)(b)(XIX) as follows:3
24-72-202. Definitions.4
As used in this part 2, unless the context otherwise requires:5
(6) (b) "Public records" does not include:6
(XVII) A complaint of harassment or discrimination, as described7
in section 22-1-143, that is unsubstantiated and all records related to the8
unsubstantiated complaint, including records of an investigation into the9
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complaint; or1
(XVIII) Jail assessments conducted pursuant to section 30-10-5302
(5)(d) or 24-31-118; OR3
(XIX) (A) A WRITTEN DOCUMENT OR ELECTRONIC RECORD THAT4
IS PRODUCED BY A DEVICE OR APPLICATION THAT IS USED TO ASSIST AN5
INDIVIDUAL WITH A DISABILITY TO FACILITATE COMMUNICATION IF THE6
WRITTEN DOCUMENT OR ELECTRONIC RECORD HAS BEEN PRODUCED TO7
FACILITATE COMMUNICATION FOR THE INDIVIDUAL WITH THE DISABILITY8
IN LIEU OF VERBAL COMMUNICATION; OR9
(B) A WRITTEN DOCUMENT OR ELECTRONIC RECORD THAT IS10
PRODUCED BY A DEVICE OR APPLICATION THAT IS USED TO ASSIST11
INDIVIDUALS WITH A LANGUAGE BARRIER TO FACILITATE COMMUNICATION12
IF THE WRITTEN DOCUMENT OR ELECTRONIC RECORD HAS BEEN PRODUCED13
TO FACILITATE COMMUNICATION BETWEEN THE INDIVIDUALS WITH A14
LANGUAGE BARRIER IN LIEU OF VERBAL COMMUNICATION. AS USED IN THIS15
SUBSECTION (6)(b)(XIX)(B), "LANGUAGE BARRIER" MEANS A DIFFICULTY16
FOR INDIVIDUALS TO COMMUNICATE BECAUSE THE INDIVIDUALS SPEAK17
DIFFERENT LANGUAGES OR DO NOT OTHERWISE SHARE A COMMON18
LANGUAGE.19
SECTION 2. In Colorado Revised Statutes, 24-72-203, amend20
(3)(b) introductory portion, (3)(b)(I), (3)(b)(II) introductory portion,21
(3)(b)(II)(B), (3)(b)(III), (3)(d)(I), and (3)(d)(II); and add (1)(c),22
(3)(b)(IV), (3)(e), and (3)(f) as follows:23
24-72-203. Public records open to inspection - definitions.24
(1) (c) A PUBLIC ENTITY THAT HAS PUBLIC RECORDS THAT MAY BE25
SUBJECT TO DISCLOSURE PURSUANT TO THIS PART 2 SHALL POST ON ITS26
WEBSITE ANY RULES OR POLICIES ADOPTED IN ACCORDANCE WITH THIS27
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PART 2, INCLUDING RULES CONCERNING THE INSPECTION OF PUBLIC1
RECORDS. THE PUBLIC ENTITY SHALL ALSO POST ON ITS WEBSITE ANY2
RECORDS RETENTION POLICY THAT IT HAS AND SHALL PROVIDE ON ITS3
WEBSITE INFORMATION TO MEMBERS OF THE PUBLIC CONCERNING HOW TO4
REQUEST INSPECTION OF PUBLIC RECORDS FROM A CUSTODIAN OF THE5
PUBLIC RECORD . IF THE PUBLIC ENTITY DOES NOT HAVE A PUBLICLY6
ACCESSIBLE WEBSITE, THEN THE INFORMATION REQUIRED TO BE POSTED7
PURSUANT TO THIS SUBSECTION (1)(c) MUST BE PHYSICALLY POSTED IN8
THE LOCATION DESIGNATED BY THE PUBLIC ENTITY FOR POSTING NOTICES. 9
(3) (b) The date and hour set for the inspection of records not10
readily available at the time of the request shall MUST be within a11
reasonable time after the request. As used in this subsection (3), a12
"reasonable time" shall be IS presumed to be three FIVE working days or13
less. Such period may be extended if extenuating circumstances exist.14
However, such period of extension shall not exceed seven TEN working15
days. A finding that extenuating circumstances exist shall MUST be made16
in writing by the custodian and shall MUST be provided to the person17
making the request within the three-day FIVE-DAY period. Extenuating18
circumstances shall apply only when:19
(I) A broadly stated request is made that encompasses all or20
substantially all of a large category of records and the request is without21
sufficient specificity to allow the custodian reasonably to prepare or22
gather the records within the three-day FIVE-DAY period; or23
(II) A broadly stated request is made that encompasses all or24
substantially all of a large category of records and the agency is unable to25
prepare or gather the records within the three-day FIVE-DAY period26
because:27
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(B) In the case of the general assembly or its staff or service1
agencies, the general assembly is in session; or2
(III) A request involves such a large volume of records that the3
custodian cannot reasonably prepare or gather the records within the4
three-day FIVE-DAY period without substantially interfering with the5
custodian's obligation to perform his or her THE CUSTODIAN'S other public6
service responsibilities; OR7
(IV) T HE CUSTODIAN, OR A PERSON WHO IS ESSENTIAL TO THE8
PROCESS OF RESPONDING TO REQUESTS , IS NOT SCHEDULED TO WORK9
WITHIN ALL OR PART OF THE FIVE-DAY PERIOD.10
(d) Notwithstanding any other provision of this section, if the11
public records requested are election-related and are in the custody and12
control of a county clerk and recorder but are in active use, in storage, or13
otherwise not readily available at the time a requester asks to examine14
them, and the request is made during an election for which the county15
clerk and recorder is the designated election official, the county clerk and16
recorder may, at the county clerk and recorder's discretion, take additional17
time to fulfill the request as specified in this subsection (3)(d); except that18
the provisions of this subsection (3)(d) do not apply if the requester of the19
public records is a mass medium organization as defined in section20
13-90-119 (1)(a), or a newsperson, as defined in section 13-90-119 (1)(c).21
The county clerk and recorder may take additional tim e to fulfill the22
request as follows:23
(I) During the period beginning on the sixtieth day before election24
day and concluding with the date by which the county clerk and recorder25
certifies the final official abstract of votes cast for the applicable election,26
the county clerk and recorder may extend the period for production of27
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records up to an additional ten working days past the seven-day TEN-DAY1
extension allowed under subsection (3)(b) of this section;2
(II) The county clerk and recorder shall provide written notice of3
the extension to the requester within three FIVE working days from the4
date of the request;5
(e) (I) (A) I F A CUSTODIAN , DESPITE EXPENDING REASONABLE6
EFFORT, IS UNABLE TO DETERMINE OR ACCESS PUBLIC RECORDS THAT MAY7
BE RESPONSIVE TO A REQUEST BECAUSE THE PUBLIC RECORDS MAY BE IN8
THE SOLE AND EXCLUSIVE CUSTODY AND CONTROL OF ANOTHER9
EMPLOYEE, VOLUNTEER, DIRECTOR, AGENT, ELECTED OFFICIAL, OR OTHER10
PERSON AUTHORIZED TO HAVE CUSTODY AND CONTROL OF THE PUBLIC11
RECORDS WHO IS ON LEAVE , NOT ON CONTRACT , OR OTHERWISE NOT12
SCHEDULED TO WORK WITHIN THE APPLICABLE RESPONSE PERIOD , THE13
CUSTODIAN SHALL PROVIDE WITHIN THE APPLICABLE RESPONSE PERIOD14
ALL OTHER AVAILABLE RESPONSIVE PUBLIC RECORDS IN ACCORDANCE15
WITH THIS PART 2. THE CUSTODIAN SHALL NOTIFY THE REQUESTER OF THE16
EARLIEST DATE ON WHICH THE OTHER PERSON WHO MAY HAVE ANY17
ADDITIONAL POTENTIALLY RESPONSIVE PUBLIC RECORDS IS EXPECTED TO18
BE AVAILABLE, AND , IF THE PERSON 'S RETURN DATE IS UNABLE TO BE19
DETERMINED AT THE TIME OF THE REQUEST , THE CUSTODIAN SHALL20
NOTIFY THE REQUESTER OF THE DATE OF THE PERSON'S RETURN AS SOON21
AS IT IS ABLE TO BE DETERMINED OR, IF THE PERSON IS NOT EXPECTED TO22
RETURN TO WORK , THE CUSTODIAN SHALL PROVIDE NOTICE TO THE23
REQUESTER OF THAT. THE REQUESTER MAY SUBMIT A NEW REQUEST FOR24
ANY ADDITIONAL POTENTIALLY RESPONSIVE PUBLIC RECORDS ON OR25
AFTER THE DATE THAT THE CUSTODIAN PROVIDES.26
(B) T HIS SUBSECTION (3)(e) IS NOT INTENDED TO BE USED TO27
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INTENTIONALLY DELAY OR CIRCUMVENT THE RELEASE OF PUBLIC RECORDS1
AND DOES NOT EXEMPT A CUSTODIAN 'S RESPONSIBILITY TO MAINTAIN2
REASONABLE ACCESS TO PUBLIC RECORDS.3
(II) THE PROVISIONS SET FORTH IN THIS SUBSECTION (3)(e) DO NOT4
MODIFY THE PROVISIONS SET FORTH IN SUBSECTION (2)(a) OF THIS5
SECTION.6
(III) AS USED IN THIS SUBSECTION (3)(e), UNLESS THE CONTEXT7
OTHERWISE REQUIRES, "APPLICABLE RESPONSE PERIOD" MEANS:8
(A) THE FIVE-DAY PERIOD OR THE TEN-DAY EXTENSION SET FORTH9
IN SUBSECTION (3)(b) OF THIS SECTION; OR10
(B) THE PERIOD INCLUDING THE ADDITIONAL TEN-DAY PERIOD SET11
FORTH IN SUBSECTION (3)(d)(I) OF THIS SECTION.12
(f) (I) I F A CUSTODIAN DETERMINES THAT REQUESTED PUBLIC13
RECORDS WILL BE USED FOR THE DIRECT SOLICITATION OF BUSINESS FOR14
PECUNIARY GAIN, THE CUSTODIAN SHALL PROVIDE THE REQUESTER WITH15
WRITTEN NOTICE OF THE DETERMINATION WITHIN THE FIVE-DAY PERIOD,16
AND, NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION , IN17
SETTING A DATE AND HOUR FOR RECORDS TO BE AVAILABLE FOR18
INSPECTION, THE CUSTODIAN SHALL HAVE THIRTY WORKING DAYS FROM19
PROVIDING THE NOTICE. A REQUESTER MAY SUBMIT WITH A REQUEST A20
SIGNED STATEMENT AFFIRMING THAT THE REQUESTED PUBLIC RECORDS21
WILL NOT BE USED FOR THE DIRECT SOLICITATION OF BUSINESS FOR22
PECUNIARY GAIN, WHICH THE CUSTODIAN MUST CONSIDER IN MAKING THE23
CUSTODIAN'S DETERMINATION PURSUANT TO THIS SUBSECTION (3)(f)(I).24
THE CUSTODIAN SHALL NOT CONSIDER IF THE REQUESTER MAY RECEIVE25
ANY MONETARY OR EQUITABLE AWARD PURSUANT TO LITIGATION IN26
MAKING THE DETERMINATION OF WHETHER A REQUEST IS FOR THE DIRECT27
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SOLICITATION OF BUSINESS FOR PECUNIARY GAIN.1
(II) A REQUESTER THAT MAKES A REQUEST THAT HAS BEEN2
DETERMINED BY A CUSTODIAN TO BE FOR THE DIRECT SOLICITATION OF3
BUSINESS FOR PECUNIARY GAIN MAY APPLY TO THE DISTRICT COURT OF4
THE DISTRICT IN WHICH THE REQUESTED PUBLIC RECORDS ARE LOCATED5
FOR A DETERMINATION THAT THE REQUEST IS NOT FOR THE DIRECT6
SOLICITATION OF BUSINESS FOR PECUNIARY GAIN . THE COURT SHALL7
REVIEW THE MATTER AT THE EARLIEST PRACTICAL TIME AND HAS8
DISCRETION TO LIMIT ITS REVIEW TO SUBMISSION OF PLEADINGS ,9
AFFIDAVITS, AND OTHER MATERIAL AS DEEMED APPROPRIATE BY THE10
COURT, OR THE COURT MAY SCHEDULE A HEARING . IN ITS REVIEW , THE11
COURT SHALL APPLY AN ABUSE OF DISCRETION STANDARD TO THE12
CUSTODIAN'S DETERMINATION.13
(III) NOTWITHSTANDING SECTION 24-72-205 (6)(a), A CUSTODIAN14
IS ENTITLED TO RECOVER THE REASONABLE COST ASSOCIATED WITH15
DIRECTLY RESPONDING TO A REQUEST FOR RECORDS THAT HAS BEEN16
DETERMINED BY THE CUSTODIAN TO BE FOR THE DIRECT SOLICITATION OF17
BUSINESS FOR PECUNIARY GAIN.18
(IV) A REQUEST FOR PUBLIC RECORDS FOR PURPOSES RELATED TO19
COLLECTIVE BARGAINING, ORGANIZING, OR OTHER RIGHTS AND ACTIVITIES20
PROTECTED BY ARTICLE 33 OF TITLE 29 BY AN ENTITY ENGAGED IN21
COLLECTIVE BARGAINING, ORGANIZING, OR OTHER RIGHTS AND ACTIVITIES22
PROTECTED BY ARTICLE 33 OF TITLE 29 IS NOT A REQUEST FOR THE DIRECT23
SOLICITATION OF BUSINESS FOR PECUNIARY GAIN.24
(V) THIS SUBSECTION (3)(f) DOES NOT APPLY TO A CONTRACT OR25
OTHER INFORMATION DELIVERED USING COMPUTER DATA EXTRACTION26
METHODS THAT REQUIRE MINIMAL HUMAN INTERVENTION FOR RETRIEVAL.27
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SECTION 3. In Colorado Revised Statutes, 24-72-204, amend1
(3)(a)(VI) as follows:2
24-72-204. Allowance or denial of inspection - grounds -3
procedure - appeal - definitions - repeal.4
(3) (a) The custodian shall deny the right of inspection of the5
following records, unless otherwise provided by law; except that the6
custodian shall make any of the following records, other than letters of7
reference concerning employment, licensing, or issuance of permits,8
available to the person in interest in accordance with this subsection (3):9
(VI) Except as provided in section 1-2-227, addresses and10
telephone numbers of students in any public elementary or secondary11
school AND ANY OTHER INFORMATION OF STUDENTS IN ANY PUBLIC12
ELEMENTARY OR SECONDARY SCHOOL THAT COULD BE USED BY A PERSON13
TO DIRECTLY CONTACT, ADDRESS, OR SEND A MESSAGE TO THE STUDENT14
THROUGH ANY MEANS OR METHOD;15
SECTION 4. In Colorado Revised Statutes, 24-72-205, amend16
(6)(a) and (7); and add (6)(c), (6)(d), and (8) as follows:17
24-72-205. Copy, printout, or photograph of a public record18
- imposition of research and retrieval fee.19
(6) (a) A custodian may impose a fee in response to a request for20
the research and retrieval of public records only if the custodian has, prior21
to the date of receiving the request, either posted on the custodian's22
website or otherwise published a written policy that specifies the23
applicable conditions concerning the research and retrieval of public24
records by the custodian, including the amount of any current fee. Under25
any such policy, the custodian shall not impose a charge for the first hour26
of time expended in connection with the research and retrieval of public27
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records. After the first hour of time has been expended, the custodian may1
charge a fee for the research and retrieval of public records that shall not2
exceed thirty dollars per hour. I F REQUESTED , A CUSTODIAN SHALL3
PROVIDE A REASONABLE BREAKDOWN OF COSTS THAT COMPRISE THE FEE4
CHARGED FOR THE RESEARCH AND RETRIEVAL OF PUBLIC RECORDS5
AUTHORIZED PURSUANT TO THIS SUBSECTION (6)(a).6
(c) F OR PURPOSES OF THE FEE CHARGED PURSUANT TO THIS7
SUBSECTION (6), A CUSTODIAN MAY TREAT A REQUEST FOR PUBLIC8
RECORDS MADE WITHIN FOURTEEN CALENDAR DAYS OF ANOTHER REQUEST9
FOR INFORMATION PERTAINING TO FACIALLY SIMILAR CONTENT MADE BY10
THE SAME PERSON AS ONE REQUEST AND NOT AS MULTIPLE INDIVIDUAL11
REQUESTS.12
(d) IN ADDITION TO THE FIRST HOUR IN WHICH A CUSTODIAN SHALL13
NOT IMPOSE A CHARGE FOR THE TIME EXPENDED IN THE RESEARCH AND14
RETRIEVAL OF PUBLIC RECORDS PURSUANT TO SUBSECTION (6)(a) OF THIS15
SECTION, A CUSTODIAN WHO FAILS TO RESPOND TO A REQUEST FOR16
INSPECTION OF PUBLIC RECORDS WITHIN THE TIME PERIOD REQUIRED BY17
SECTION 24-72-203 (3) SHALL ALSO PROVIDE THE REQUESTER WITH ONE18
ADDITIONAL HOUR OF RESEARCH AND RETRIEVAL TIME WITHOUT CHARGE19
FOR EACH CALENDAR DAY, OR PORTION THEREOF, THAT THE RESPONSE IS20
LATE.21
(7) If a custodian of a public record requested pursuant to this part22
2 PUBLIC ENTITY allows members of the public to pay for any other23
service or product provided by the custodian PUBLIC ENTITY with a credit24
card or electronic payment, the PUBLIC ENTITY AND THE custodian OF THE25
PUBLIC RECORD REQUESTED PURSUANT TO THIS PART 2 must allow the26
requester of the public record to pay any fee or deposit associated with the27
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request with a credit card or via an electronic payment. The custodian1
may require a requester to pay any service charge or fee imposed by the2
processor of a credit card or electronic payment.3
(8) I F A CUSTODIAN IMPOSES ANY REQUIREMENTS CONCERNING4
THE PREPAYMENT OF FEES OR THE PAYMENT OF FEES IN CONNECTION WITH5
A REQUEST FOR INSPECTION OF PUBLIC RECORDS , THE REQUIREMENTS6
MUST BE IN ACCORDANCE WITH THE CUSTODIAN 'S ADOPTED RULES OR7
WRITTEN POLICIES PURSUANT TO THIS PART 2 AND MUST NOT BE8
INCONSISTENT WITH THE PROVISIONS SET FORTH IN THIS SECTION.9
SECTION 5. Act subject to petition - effective date -10
applicability. (1) This act takes effect at 12:01 a.m. on the day following11
the expiration of the ninety-day period after final adjournment of the12
general assembly (August 12, 2026, if adjournment sine die is on May 13,13
2026); except that, if a referendum petition is filed pursuant to section 114
(3) of article V of the state constitution against this act or an item, section,15
or part of this act within such period, then the act, item, section, or part16
will not take effect unless approved by the people at the general election17
to be held in November 2026 and, in such case, will take effect on the18
date of the official declaration of the vote thereon by the governor.19
(2) This act applies to requests for public records made pursuant20
to article 72 of title 24, Colorado Revised Statutes, on or after the21
applicable effective date of this act.22
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