HB 17-1177

HB 17-1177 changes how people can access records under Colorado's Open Records Act (CORA). Instead of needing to file a court application right away if they're denied access to a record, the bill gives them 14 days to try and resolve the issue directly with the custodian who has the record. During this period, both parties must attempt mediation or another form of dispute resolution unless there's an urgent need for the records. If it’s urgent, people can still go straight to court but must explain why they need the information quickly. The bill is now signed into law, meaning these changes are officially in effect and will impact anyone trying to access public records under CORA.

Official Summary

Under current law, any person denied the right to inspect any record covered by the 'Colorado Open Records Act' (CORA) may apply to the district court of the district wherein the record is found for an order directing the custodian of such record to show cause why the custodian should not permit the inspection of such record; except that, at least 3 business days prior to filing an application with the district court, the person who has been denied the right to inspect the record is required to file a written notice with the custodian who has denied the right to inspect the record informing the custodian that the person intends to file an application with the district court. The bill changes this deadline from 3 days to 14 days. During the 14-day period before the person may file an application with the district court, the bill requires the custodian who has denied the right to inspect the record to either meet in person or communicate on the telephone with the person who has been denied access to the record to determine if the dispute may be resolved without filing an application with the district court. The meeting may include recourse to any method of dispute resolution that is agreeable to both parties. The bill requires any common expense necessary to resolve the dispute to be apportioned equally between or among the parties unless the parties have agreed to a different method of allocating the costs between or among them. If the person who has been denied access to inspect a record states in the required written notice to the custodian that the person needs to pursue access to the record on an expedited basis, the bill requires the person to provide such written notice, including a factual basis of the expedited need for the record, to the custodian at least 3 business days prior to the date on which the person files the application with the district court. In such circumstances, no meeting to determine if the dispute may be resolved without filing an application with the district court is required. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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