SB 23-286

Senate Bill 23-286, also known as the "Access To Government Records" bill, updates Colorado's Open Records Act (CORA) by making it easier for people to request and receive digital copies of public records without needing to provide identification. The bill requires government agencies to send digital records in a searchable format via email or another agreed-upon method if requested, unless the record is too large for email. It also ensures that custodians cannot charge fees for digital copies and must accept credit card payments for any associated costs. Additionally, it allows public access to certain sexual harassment complaint records against elected officials under specific conditions. This bill was signed into law on June 6, 2023, and went into effect on August 7, 2023.

Official Summary

The act makes the following changes to the "Colorado Open Records Act" (CORA): Prohibits a custodian of public records from requiring a requester to provide any form of identification to request or inspect records pursuant to CORA unless a requester is otherwise required to provide identification pursuant to law; Clarifies that if a public record is available in a digital format that is searchable, the custodian is required to provide a digital copy of the record in a searchable format unless otherwise requested by the requester; Specifies that if a public record is available in a digital format, the custodian is required to transmit copy of the record in a digital format by electronic mail or by another mutually-agreed upon transmission method if the size of the record prevents transmission by electronic mail; Prohibits a custodian from converting a digital record into a non-searchable format prior to transmission; Allows a custodian to deny a requester's right to inspect the telephone number or home address that a person provides to an elected official, agency, institution, or political subdivision of the state for the purpose of future communication with the elected official, agency, institution, or political subdivision of the state; Notwithstanding specified provisions of law, makes certain records of sexual harassment complaints made against an elected official and the results or report of investigations regarding alleged sexual harassment by an elected official available for inspection if the investigation concludes that the elected official is culpable for any act of sexual harassment; Requires each member of the general assembly, the governor's office and each office of the governor, and each state agency and institution to submit, on or before January 1, 2024, a report to the staff of the legislative council of the general assembly outlining its respective electronic mail retention policy; Prohibits a custodian from charging a per-page fee for providing copies of a public record if the record is provided in a digital or electronic format; and Requires a custodian to allow records requesters to pay any fee or deposit associated with the request via a credit card or electronic payment if the custodian allows members of the public to pay for any other service or product provided by the custodian with a credit card or electronic payment. APPROVED by Governor June 6, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

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