HomeMy WebLinkAbout20141692.tiff 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.
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HOUSE BILL 14-1193
BY REPRESENTATIVE(S) Salazar, Exum, Foote, Gardner, Ginal,
Hullinghorst, Labuda, Lee, Melton, Peniston, Pettersen, Rosenthal,
Schafer, Tyler, Wright, Young, Lebsock;
also SENATOR(S) Kefalas, Crowder, Guzman, Heath, Herpin, Ken,
Lundberg, Nicholson, Schwartz, Tochtrop, Carroll.
CONCERNING REQUIREMENTS GOVERNING THE IMPOSITION OF A FEE FOR
THE RESEARCH AND RETRIEVAL OF PUBLIC RECORDS UNDER THE
"COLORADO OPEN RECORDS ACT".
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes,24-72-205, add(6)as
follows:
24-72-205. Copy, printout, or photograph of a public record -
imposition of research and retrieval fee. (6) (a) A CUSTODIAN MAY
IMPOSE A FEE IN RESPONSE TO A REQUEST FOR THE RESEARCH AND
RETRIEVAL OF PUBLIC RECORDS ONLY IF THE CUSTODIAN HAS,PRIOR TO THE
DATE OF RECEIVING THE REQUEST, EITHER POSTED ON THE CUSTODIAN'S
WEB SITE OR OTHERWISE PUBLISHED A WRITTEN POLICY THAT SPECIFIES THE
APPLICABLE CONDITIONS CONCERNING THE RESEARCH AND RETRIEVAL OF
PUBLIC RECORDS BY THE CUSTODIAN, INCLUDING THE AMOUNT OF
2014-1692
Capital letters indicate new material added to existing statutes: dashes through words indicate
deletions from existing statutes and such material not part of act
CURRENT FEE. UNDER ANY SUCH POLICY, THE CUSTODIAN SHALL NOT
IMPOSE A CHARGE FOR THE FIRST HOUR OF TIME EXPENDED IN CONNECTION
WITH THE RESEARCH AND RETRIEVAL OF PUBLIC RECORDS.AFTER THE FIRST
HOUR OF TIME HAS BEEN EXPENDED, THE CUSTODIAN MAY CHARGE A FEE
FOR THE RESEARCH AND RETRIEVAL OF PUBLIC RECORDS THAT SHALL NOT
EXCEED THIRTY DOLLARS PER HOUR.
(b) ON JULY 1, 2019,AND BY JULY 1 OF EVERY FIVE-YEAR PERIOD
THEREAFTER, THE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL
APPOINTED PURSUANT TO SECTION 2-3-304(1),C.R.S.,SHALL ADJUST THE
MAXIMUM HOURLY FEE SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION
(6) IN ACCORDANCE WITH THE PERCENTAGE CHANGE OVER THE PERIOD [N
THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR
STATISTICS,CONSUMER PRICE INDEX FOR DENVER-BOULDER-GREELEY,ALL
ITEMS, ALL URBAN CONSUMERS,OR ITS SUCCESSOR INDEX. THE DIRECTOR
OF RESEARCH SHALL POST THE ADJUSTED MAXIMUM HOURLY FEE ON THE
WEB SITE OF THE GENERAL ASSEMBLY.
SECTION 2. Effective date. This act takes effect July 1, 2014.
SECTION 3. Safety clause. The general assembly hereby finds,
PAGE 2-HOUSE BILL 14-1193
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
Mark Ferrandino Morgan Carroll
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
Marilyn Eddins Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED
John W. Hickenlooper
GOVERNOR OF THE STATE OF COLORADO
PAGE 3-HOUSE BILL 14-1193
Esther Gesick
From: Bruce Barker
Sent: Tuesday, May 20, 2014 10:21 AM
To: Esther Gesick
Subject: FW: BizWest- Open Records Bill
Attachments: Appendix 5-D Changes in Response to HB 14-1193.doc; 1193_enr.pdf
Sorry this took so long to get to you this morning. Right after I talked to you, had some interruptions.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150"O" Street
Greeley, CO 80632
(970) 356-4000, ext.4390
Fax: (970) 352-0242
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Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Bruce Barker
Sent: Tuesday, May 06, 2014 2:23 PM
To: Don Warden; Jennifer Finch; Barbara Kirkmeyer; Douglas Rademacher; Mike Freeman; Sean Conway; William Garcia
Cc: Barb Connolly
Subject: RE: BizWest - Open Records Bill
See the attached changes to Appendix 5-D. This should be all the Board needs to do. The other appendixes do not deal
with requests for public records pursuant to the Colorado Open Records Act.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, ext. 4390
Fax: (970) 352-0242
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Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Don Warden
Sent: Monday, May 05, 2014 4:46 PM
To: Bruce Barker; Jennifer Finch; Barbara Kirkmeyer; Douglas Rademacher; Mike Freeman; Sean Conway; William Garcia
Cc: Barb Connolly
Subject: RE: BizWest - Open Records Bill
Bruce,
It would probably be a good idea to have one of the attorneys go through the County Code Appendix 5-D, 5-E, 5-I, and
5-O and look at fees impacted by this legal change. These appendices have all the fees that could be impacted. Once
they identify the changes needing to be made an ordinance with the changes can be presented for Board consideration
to make them effective July 1, 2014. Thanks,
Donald D. Warden
Interim Director of Finance
Finance and Administration
PO Box 758
1150 O Street
Greeley, CO 80632
tel: 970-356-4000 Extension 4218
email: dwarden@co.weld.co.us
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Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Bruce Barker
Sent: Monday, May 05, 2014 4:27 PM
To: Jennifer Finch; Barbara Kirkmeyer; Douglas Rademacher; Mike Freeman; Sean Conway; William Garcia
Cc: Barb Connolly; Don Warden
Subject: RE: BizWest - Open Records Bill
See attached. Effective July 1, 2014.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
2
(970) 356-4000, ext.4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Jennifer Finch
Sent: Monday, May 05, 2014 3:57 PM
To: Barbara Kirkmeyer; Douglas Rademacher; Mike Freeman; Sean Conway; William Garcia
Cc: Bruce Barker
Subject: BizWest - Open Records Bill
Gov. Hickenlooper signs open records bill
ShareThis Print E-Mail Comment
May 5, 2014
Click to enlarge.
Gov. John Hickenlooper has signed into law a bill to limit excessive fees charged by state and local governments for
records requests.
House bill 1193, sponsored by Sen. John Kefalas, D-Fort Collins, and Rep. Joe Salazar, D-Thornton, limits the hourly fee
for research and record retrieval under the Colorado Open Records Act to a maximum of$30. The bill also requires the
first hour of fulfilling a records request to be free.
The records act is the state law that makes most state government records available to the public. The measure follows
an investigation by Denver channel 7NEWS into excessive fees charged by local governments for public records.
The bill also requires governments to post policies and fee rates online.
The measure has a "minimal" financial impact on state revenue and spending, according to bill's fiscal note.
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Jennifer Finch / Information Specialist & Special Projects Manager for Weld County
1150 O St. // PO Box 758//Greeley, CO 80632-0758
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