The state Senate has cleared a bill that would overhaul some aspects of the Centennial State’s open records law.
SB 25-077 would extend, in some circumstances, deadlines that apply to covered government agencies and attempt to force private sector entities that use government records to solicit business to pay more for them.
Journalists would continue to benefit from shorter response deadlines. “We want to just make sure that they have the access they need,” said the bill’s sponsor, Larimer County Democrat Cathy Kipp, who represents Senate District 14 which encompasses most of Ft. Collins.
Kipp’s proposal would force agencies, which include local governments and special districts, to post their CORA policies on a public website.
“I think that asking people to post what their records policies are on their website, like this bill does, is going to make them at least aware that they should have them,” she said. “Sometimes it’s not even clear.”
If enacted into law, the bill would compel government entities to identify the officer or employee with whom a CORA request must be filed, the agency’s or office’s working days, and the current rate that could be charged for CORA compliance.
Kipp argued that this requirement is likely to increase awareness of CORA requirements even at small government entities with few employees. “I think once they have to post it, it’s going to actually clarify it in their own minds,” she said.
The bill provides that entities subject to CORA must post “a reasonable break-down of costs that comprises the fee charged for research and retrieval of public records,” according to the Colorado Freedom of Information Coalition.
Estes Park does post some CORA-related information on a town website, including a link to make a request. So does Larimer County.
Among local special districts, some provide easily accessible information about CORA requests.
The Estes Valley Fire Protection District’s website includes a dedicated page that includes the identity of the district’s custodian of records and CORA policies, as well as a link to a records request form.
The Estes Park Sanitation District is an example of a local entity that does not provide such information. Its website is devoid of CORA-related information.
One section of SB 25-077 would make it more difficult for records requesters to avoid fees that agencies can charge for CORA compliance.
Under current law, the first hour of work to respond is free. Kipp thinks this provision has been inappropriately exploited by breaking up demands for closely-related records into separate requests so that each request is subject to the one-hour fee exemption.
“We’ve just said that, for the purposes of charging a fee [and] if you’re doing a CORA request for essentially that same topic within 14 days, that is considered to be part of that initial request,” Kipp said. “People are using that as a loophole and we’re trying to close it.”
At present, government entities can charge as much as $41.37 per hour for work needed to comply with a CORA request. That amount is adjusted for inflation each year.
The bill would also force government entities to accept electronic payments. Some still require requesters to pay with a personal check, despite enactment of a 2023 law that aimed to eliminate that practice.
SB 25-077, which passed the Senate Wednesday, will now move to the House of Representatives. The measure is co-sponsored by Sen. Janice Rich, D-Grand Junction, and Reps. Michael Carter, D-Aurora, and Matt Soper, R-Delta.