Amendments for HB24-1296
House Journal, March 5
17 HB24-1296 be amended as follows, and as so amended, be referred to
18 the Committee on Appropriations with favorable
19 recommendation:
20
21 Amend printed bill, page 3, line 8, strike "PERSON'S" and substitute
22 "INDIVIDUAL'S", and after "CONDUCT," insert "AS DETERMINED BY THE
23 COURT IN ACCORDANCE WITH SECTION 24-72-303 (5),".
24
25 Page 3, line 9, after the first "THE" insert "PUBLIC".
26
27 Page 3, line 15, strike "PERSON" and substitute "INDIVIDUAL OR ENTITY".
28
29 Page 4, line 1, strike "OR".
30
31 Page 4, line 2, strike "(1)(c)." and substitute "(1)(c), OR AN INDIVIDUAL OR
32 ENTITY ENGAGED IN COLLECTIVE BARGAINING, ORGANIZING, OR
33 EXERCISING RIGHTS PROTECTED BY ARTICLE 33 OF TITLE 29.".
34
35 Page 4, line 5, after "add" insert "(1)(c)," and strike "(3)(a.5)," and after
36 "(3)(b)(IV)," insert "(3)(b.5)," and strike "(3)(f)" and substitute "(5)".
37
38 Page 4, line 6, after "inspection." insert "(1) (c) A PUBLIC ENTITY THAT
39 HAS PUBLIC RECORDS THAT MAY BE SUBJECT TO DISCLOSURE PURSUANT
40 TO THIS PART 2 SHALL POST ON ITS WEBSITE ANY RULES OR POLICIES
41 ADOPTED IN ACCORDANCE WITH THIS PART 2, INCLUDING RULES
42 CONCERNING THE INSPECTION OF PUBLIC RECORDS. THE PUBLIC ENTITY
43 SHALL ALSO POST INFORMATION ON ITS WEBSITE INFORMING MEMBERS OF
44 THE PUBLIC HOW TO REQUEST INSPECTION OF PUBLIC RECORDS FROM A
45 CUSTODIAN OF THE PUBLIC ENTITY. IF THE PUBLIC ENTITY DOES NOT HAVE
46 A PUBLICLY ACCESSIBLE WEBSITE, THEN THE INFORMATION REQUIRED TO
47 BE POSTED PURSUANT TO THIS SUBSECTION (1)(c) MUST BE PHYSICALLY
48 POSTED IN THE LOCATION DESIGNATED BY THE PUBLIC ENTITY FOR
49 POSTING NOTICES.".
50
51 Page 4, line 6, strike "(a.5) (I) A".
52
53 Page 4, strike lines 7 through 27.
54
55 Page 5, strike lines 1 through 7.
56
1 Page 5, strike lines 10 through 13 and substitute "after the request. As
2 used in".
3
4 Page 5, line 14, strike "three" and substitute "three FIVE".
5
6 Page 5, line 17, strike "seven" and substitute "seven TEN" and strike
7 "shall" and substitute "shall MUST".
8
9 Page 5, strike lines 18 through 20 and substitute "be made in writing by
10 the custodian and shall MUST be provided to the person making the
11 request within the three-day FIVE-DAY period. Extenuating circumstances
12 shall apply only".
13
14 Page 6, line 10, strike "THE THREE-DAY" and substitute "ALL OR PART OF
15 THE FIVE-DAY".
16
17 Page 6, strike lines 11 through 27 and substitute:
18
19 "(b.5) NOTWITHSTANDING THE PERIODS SET FORTH IN SUBSECTION
20 (3)(b) OF THIS SECTION, A "REASONABLE TIME" TO RESPOND TO A REQUEST
21 MADE BY A MASS MEDIUM, AS DEFINED IN SECTION 13-90-119 (1)(a), OR
22 A NEWSPERSON, AS DEFINED IN SECTION 13-90-119 (1)(c), IS PRESUMED TO
23 BE THREE WORKING DAYS OR LESS, AND SUCH PERIOD MAY BE EXTENDED
24 UP TO SEVEN WORKING DAYS IF EXTENUATING CIRCUMSTANCES EXIST AS
25 SET FORTH IN SUBSECTION (3)(b) OF THIS SECTION.
26 (d) (I) (A) IF A CUSTODIAN, DESPITE EXPENDING REASONABLE
27 EFFORT, IS UNABLE TO DETERMINE OR ACCESS PUBLIC RECORDS THAT MAY
28 BE RESPONSIVE TO A REQUEST BECAUSE THE PUBLIC RECORDS MAY BE IN
29 THE CUSTODY AND CONTROL OF ANOTHER EMPLOYEE, VOLUNTEER,
30 DIRECTOR, AGENT, ELECTED OFFICIAL, OR OTHER PERSON AUTHORIZED TO
31 HAVE CUSTODY AND CONTROL OF THE PUBLIC RECORDS WHO IS ON LEAVE,
32 NOT ON CONTRACT, OR OTHERWISE NOT SCHEDULED TO WORK WITHIN THE
33 THREE-DAY OR FIVE-DAY PERIOD, AS APPLICABLE, THE CUSTODIAN SHALL
34 PROVIDE WITHIN THE PERIODS SET FORTH IN THIS SUBSECTION (3), AS
35 APPLICABLE, ALL OTHER AVAILABLE RESPONSIVE PUBLIC RECORDS IN
36 ACCORDANCE WITH THIS PART 2. THE CUSTODIAN SHALL NOTIFY THE
37 REQUESTER OF THE EARLIEST DATE ON WHICH THE OTHER PERSON WHO
38 MAY HAVE ADDITIONAL POTENTIALLY RESPONSIVE PUBLIC RECORDS, IF
39 ANY, IS EXPECTED TO BE AVAILABLE AND IF THE PERSON'S RETURN DATE
40 IS UNABLE TO BE DETERMINED AT THE TIME OF THE REQUEST, THE
41 CUSTODIAN SHALL NOTIFY THE REQUESTER OF THE DATE OF THE PERSON'S
42 RETURN AS SOON AS IT IS ABLE TO BE DETERMINED OR IF THE PERSON IS
43 NOT EXPECTED TO RETURN TO WORK THE CUSTODIAN SHALL PROVIDE
44 NOTICE TO THE REQUESTER OF THAT. THE REQUESTER MAY SUBMIT A NEW
45 REQUEST FOR ADDITIONAL POTENTIALLY RESPONSIVE PUBLIC RECORDS ON
46 OR AFTER THE DATE THAT THE CUSTODIAN PROVIDES.
47 (B) THIS SUBSECTION (3)(d) IS NOT INTENDED TO BE UTILIZED TO
48 INTENTIONALLY DELAY OR CIRCUMVENT THE RELEASE OF PUBLIC RECORDS
49 AND IT DOES NOT EXEMPT A CUSTODIAN'S RESPONSIBILITY TO MAINTAIN
50 REASONABLE ACCESS TO PUBLIC RECORDS.
51 (II) THE PROVISIONS SET FORTH IN THIS SUBSECTION (3)(d) DO NOT
52 MODIFY THE PROVISIONS SET FORTH IN SUBSECTION (2)(a) OF THIS
53 SECTION.".
54
55 Strike page 7.
56
1 Page 8, strike lines 1 through 8.
2
3 Page 8, line 9, strike "(f)" and substitute "(e)".
4
5 Page 8, line 12, strike "TWO-DAY".
6
7 Page 8, strike line 13 and substitute " THREE-DAY OR FIVE-DAY PERIOD, AS
8 APPLICABLE, AND,".
9
10 Page 8, line 14, strike "SUBSECTIONS (3)(b) AND (3)(d)" and substitute
11 "SUBSECTION (3)(b)".
12
13 Page 8, line 17, after the period add "A REQUESTER MAY SUBMIT WITH A
14 REQUEST A SIGNED STATEMENT AFFIRMING THAT THE REQUESTED PUBLIC
15 RECORDS WILL NOT BE USED FOR THE DIRECT SOLICITATION OF BUSINESS
16 FOR PECUNIARY GAIN, WHICH THE CUSTODIAN MUST CONSIDER IN MAKING
17 THE CUSTODIAN'S DETERMINATION PURSUANT TO THIS SUBSECTION
18 (3)(e)(I).".
19
20 Page 8, strike lines 20 through 25 and substitute "BUSINESS FOR
21 PECUNIARY GAIN MAY APPLY TO THE DISTRICT COURT OF THE DISTRICT IN
22 WHICH THE REQUESTED PUBLIC RECORDS ARE LOCATED FOR A
23 DETERMINATION THAT THE REQUEST IS NOT FOR THE DIRECT SOLICITATION
24 OF BUSINESS FOR PECUNIARY GAIN. THE COURT SHALL REVIEW THE
25 MATTER AT THE EARLIEST PRACTICAL TIME AND HAS DISCRETION TO LIMIT
26 ITS REVIEW TO SUBMISSION OF PLEADINGS, AFFIDAVITS, AND OTHER
27 MATERIAL AS DEEMED APPROPRIATE BY THE COURT, OR THE COURT MAY
28 SCHEDULE A HEARING. IN ITS REVIEW, THE COURT SHALL APPLY AN ABUSE
29 OF DISCRETION STANDARD TO THE CUSTODIAN'S DETERMINATION.".
30
31 Page 9, after line 3 insert:
32
33 "(IV) A REQUEST FOR PUBLIC RECORDS FOR PURPOSES RELATED TO
34 COLLECTIVE BARGAINING, ORGANIZING, OR OTHER RIGHTS AND ACTIVITIES
35 PROTECTED BY ARTICLE 33 OF TITLE 29 BY AN ENTITY ENGAGED IN
36 COLLECTIVE BARGAINING, ORGANIZING, OR OTHER RIGHTS AND ACTIVITIES
37 PROTECTED BY ARTICLE 33 OF TITLE 29 IS NOT A REQUEST FOR THE DIRECT
38 SOLICITATION OF BUSINESS FOR PECUNIARY GAIN.
39 (V) THIS SUBSECTION (3)(f) DOES NOT APPLY TO A CONTRACT OR
40 OTHER INFORMATION DELIVERED ROUTINELY USING COMPUTER DATA
41 EXTRACTION METHODS THAT REQUIRE MINIMAL HUMAN INTERVENTION
42 FOR RETRIEVAL.
43 (5) (a) A CUSTODIAN OF A PUBLIC ENTITY MAY APPLY TO THE
44 DISTRICT COURT OF THE DISTRICT THAT THE PUBLIC ENTITY IS LOCATED IN
45 FOR A DETERMINATION THAT AN INDIVIDUAL OR ENTITY IS A VEXATIOUS
46 REQUESTER. THE COURT SHALL REVIEW THE MATTER AT THE EARLIEST
47 PRACTICAL TIME AND MAY LIMIT ITS REVIEW TO SUBMISSION OF
48 PLEADINGS, AFFIDAVITS, AND OTHER MATERIAL AS DEEMED APPROPRIATE
49 BY THE COURT OR SCHEDULE A HEARING. THE INDIVIDUAL OR ENTITY THAT
50 IS THE SUBJECT OF SUCH AN APPLICATION SHALL HAVE NOTICE OF THE
51 APPLICATION AND ANY HEARING SET BY THE COURT SERVED UPON THEM
52 IN THE MANNER PROVIDED FOR SERVICE OF PROCESS BY THE COLORADO
53 RULES OF CIVIL PROCEDURE AND HAS THE RIGHT TO RESPOND OR APPEAR
54 AND BE HEARD, AS APPLICABLE. IN AN ACTION BROUGHT PURSUANT TO
55 THIS SUBSECTION (5)(a), THE BURDEN OF PROOF IS ON THE CUSTODIAN.
56 THE COURT SHALL MAKE A DETERMINATION ON THE APPLICATION BY
1 BALANCING THE FACTORS SET FORTH IN SUBSECTION (5)(b) OF THIS
2 SECTION. IF THE COURT DETERMINES THAT THE INDIVIDUAL OR ENTITY IS
3 A VEXATIOUS REQUESTER, THE COURT SHALL ISSUE AN ORDER SETTING
4 FORTH ITS DETERMINATION AND THE DETERMINATION SHALL BE EFFECTIVE
5 FOR THREE YEARS FROM THE DATE OF THE COURT'S ORDER. THE
6 CUSTODIAN WHO APPLIED TO THE DISTRICT COURT MAY RELY ON THE
7 COURT'S ORDER IN RESPONDING TO SUBSEQUENT RECORDS REQUESTS
8 SUBMITTED BY THE INDIVIDUAL OR ENTITY THAT'S BEEN DETERMINED TO
9 BE A VEXATIOUS REQUESTER AND NOTWITHSTANDING SUBSECTION (3)(b)
10 OF THIS SECTION, IN SETTING A DATE AND HOUR FOR RECORDS TO BE
11 AVAILABLE FOR INSPECTION, SHALL HAVE THIRTY WORKING DAYS FROM
12 THE DATE OF RECEIPT OF THE REQUEST IN ACCORDANCE WITH ALL OTHER
13 APPLICABLE PROVISIONS OF THIS PART 2.
14 (b) IN AN ACTION BROUGHT PURSUANT TO SUBSECTION (5)(a) OF
15 THIS SECTION, THE FACTORS THAT A COURT SHALL CONSIDER, AS
16 APPLICABLE, IN MAKING ITS DETERMINATION INCLUDE:
17 (I) THE TOTAL NUMBER OF REQUESTS FILED BY THE INDIVIDUAL OR
18 ENTITY TO THE PUBLIC ENTITY; EXCEPT THAT THE DETERMINATION
19 CANNOT BE MADE SOLELY ON THIS BASIS OR ON THE BASIS OF THE FACTORS
20 SET FORTH IN THIS SUBSECTION (5)(b)(I) AND SUBSECTION (5)(b)(II) OF
21 THIS SECTION;
22 (II) THE TOTAL NUMBER OF PENDING REQUESTS FILED BY THE
23 INDIVIDUAL OR ENTITY TO THE PUBLIC ENTITY; EXCEPT THAT THE
24 DETERMINATION CANNOT BE MADE SOLELY ON THIS BASIS OR ON THE
25 BASIS OF THE FACTORS SET FORTH IN THIS SUBSECTION (5)(b)(II) AND
26 SUBSECTION (5)(b)(I) OF THIS SECTION;
27 (III) THE SCOPE OF THE REQUESTS THAT HAVE BEEN MADE BY THE
28 INDIVIDUAL OR ENTITY;
29 (IV) THE NATURE, CONTENT, LANGUAGE, OR SUBJECT MATTER OF
30 THE REQUESTS;
31 (V) THE NATURE, CONTENT, LANGUAGE, OR SUBJECT MATTER OF
32 OTHER ORAL AND WRITTEN COMMUNICATIONS BY THE INDIVIDUAL OR
33 ENTITY TO THE CUSTODIAN;
34 (VI) CONDUCT THAT THE CUSTODIAN ALLEGES IS PLACING AN
35 UNREASONABLE BURDEN ON THE CUSTODIAN;
36 (VII) CONDUCT THAT THE CUSTODIAN ALLEGES IS INTENDED TO
37 HARASS;
38 (VIII) A PATTERN OF CONDUCT THAT AMOUNTS TO AN ABUSE OF
39 REQUESTS OR AN INTERFERENCE WITH THE PUBLIC ENTITY'S OPERATION;
40 (IX) THE PUBLIC PURPOSE TO BE SERVED BY THIS PART 2 AND THE
41 INTENT TO AVOID HINDERING THIS PURPOSE;
42 (X) THE PUBLIC INTEREST SERVED BY THE INDIVIDUAL OR ENTITY;
43 OR
44 (XI) ANY OTHER RELEVANT INFORMATION, INCLUDING SIMILAR
45 DETERMINATIONS THAT HAVE BEEN MADE BY THE COURT OR OTHER
46 COURTS AGAINST THE SAME INDIVIDUAL OR ENTITY.".
47
48 Page 9, line 5, strike "(2)(a)(XI) and".
49
50 Page 9, line 8, strike "(2) (a) The custodian may".
51
52 Page 9, strike lines 9 through 13.
53
54 Page 10, line 12, after "(6)(c)" insert "and (8)".
55
56
1 Page 10, line 18, strike "REQUESTS." and substitute "REQUESTS; EXCEPT
2 THAT THIS SUBSECTION (6)(c) DOES NOT APPLY TO REQUESTS MADE BY A
3 MASS MEDIUM, AS DEFINED IN SECTION 13-90-119 (1)(a), OR A
4 NEWSPERSON, AS DEFINED IN SECTION 13-90-119 (1)(c).
5 (8) IF A CUSTODIAN IMPOSES ANY REQUIREMENTS CONCERNING
6 THE PRE-PAYMENT OF FEES OR THE PAYMENT OF FEES IN CONNECTION
7 WITH A REQUEST FOR INSPECTION OF PUBLIC RECORDS, THE REQUIREMENTS
8 MUST BE IN ACCORDANCE WITH THE CUSTODIAN'S ADOPTED RULES OR
9 WRITTEN POLICIES PURSUANT TO THIS PART 2 AND MUST NOT BE
10 INCONSISTENT WITH THE PROVISIONS SET FORTH IN THIS SECTION.".
11
12 Strike "A PERSON" and substitute "AN INDIVIDUAL" on: Page 3, lines 6 and
13 13.
14
15 After "THAT" insert "PUBLIC" on: Page 3, lines 10 and 11.
16
17 Strike "three-day" and substitute "three-day FIVE-DAY" on: Page 5, line
18 25; and Page 6, lines 1 and 6.
House Journal, April 19
19 Amendment No. 1, State, Civic, Military, & Veterans Affairs Report,
20 dated March 4, 2024, and placed in member's bill file; Report also printed
21 in House Journal, March 5, 2024.
22
23 Amendment No. 2, by Representative Soper:
24
25 Amend the State, Civic, Military, and Veterans Affairs Committee
26 Report, dated March 4, 2024, page 6 of the report, after line 11 insert:
27
28 "Page 10 of the bill, after line 18 insert:
29
30 "SECTION 5. In Colorado Revised Statutes, add 2-2-328 as
31 follows:
32 2-2-328. Retention of records. MEMBERS OF THE GENERAL
33 ASSEMBLY SHALL RETAIN PUBLIC RECORDS, AS DEFINED IN SECTION
34 24-72-202 (6), FOR A MINIMUM OF SIXTY DAYS.".
35
36 Renumber succeeding section accordingly.
37
38 Page 11 of the bill, line 2, strike "(2) This act applies" and substitute
39 "(2) (a) Sections 1, 2, 3, and 4 of this act apply".
40
41 Page 11 of the bill, after line 4, insert:
42
43 "(b) Section 5 of this act applies to public records of the members
44 of the general assembly on or after the applicable effective date of this
45 act.".".
46
47 Amendment No. 3, by Representative Kipp:
48
49 Amend the State, Civic, Military, and Veterans Affairs Committee
50 Report, dated March 4, 2024, page 4 of the report, line 15, strike "(3)(f)"
51 and substitute "(3)(e)".
52
53 Page 4 of the report, line 40, strike "THAT'S" and substitute "THAT HAS".
54
55 Page 5 of the report, line 10, after the second "THE" insert "COMBINED".
1 Page 5 of the report, strike lines 16 and 17 and substitute "BASIS OF THE
2 COMBINED FACTORS SET FORTH IN SUBSECTION (5)(b)(I) OF THIS SECTION
3 AND THIS SUBSECTION (5)(b)(II);".
4
5 Page 5 of the report, strike lines 35 through 37 and substitute:
6
7 "(XI) ANY OTHER RELEVANT INFORMATION ALLOWED BY THE
8 COLORADO RULES OF CIVIL PROCEDURE; OR
9 (XII) IF THE APPLICATION IS BEING MADE IN A DISCRIMINATORY
10 MANNER OR IF THE APPLICATION IS OTHERWISE SEEKING A DETERMINATION
11 THAT A REQUESTER IS A VEXATIOUS REQUESTER BECAUSE OF DISABILITY,
12 RACE, CREED, COLOR, SEX, SEXUAL ORIENTATION, GENDER IDENTITY,
13 GENDER EXPRESSION, MARITAL STATUS, RELIGION, AGE, NATIONAL ORIGIN,
14 OR ANCESTRY.".".
15
16 Amendment No. 4, by Representative Ortiz:
17
18 Amend the State, Civic, Miliary, and Veterans Affairs Committee Report,
19 dated March 4, 2024, page 1, strike lines 1 through 5 and substitute:
20
21 "Amend printed bill, page 3, line 2, strike "(6.3)".
22
23 Page 3 of the bill, strike lines 6 through 16.
24
25 Page 4 of the bill, strike lines 1 and 2.".
26
27 Page 1 of the report, strike lines 10 and 11 and substitute:
28
29 "Page 4 of the bill, strike line 5 and substitute "add (1)(c), (3)(b)(IV),
30 (3)(b.5), (3)(d), and (3)(e) as follows:".".
31
32 Page 4 of the report, strike lines 18 through 41.
33
34 Page 5 of the report, strike lines 1 through 37 and substitute "FOR
35 RETRIEVAL.".
36
37 Page 6 of the report, strike lines 12 through 14.
38
39 Amendment No. 5, by Representative Ortiz:
40
41 Amend the State, Civic, Military, and Veterans Affairs Committee
42 Report, dated March 4, 2024, page 2, line 27, after "THE" insert "SOLE
43 AND EXCLUSIVE".
44
45 Amendment No. 6, by Representative Ortiz:
46
47 Amend the State, Civic, Military, and Veterans Affairs Committee
48 Report, dated March 4, 2024, page 3, strike line 32 and substitute
49 "(3)(e)(I). THE CUSTODIAN SHALL NOT CONSIDER IF THE REQUESTER MAY
50 RECEIVE ANY MONETARY OR EQUITABLE AWARD PURSUANT TO LITIGATION
51 IN MAKING THE DETERMINATION OF WHETHER A REQUEST IS FOR THE
52 DIRECT SOLICITATION OF BUSINESS FOR PECUNIARY GAIN.".".
53
54
1 Amendment No. 7, by Representative Ortiz:
2
3 Amend printed bill, page 3, line 2, after "24-72-202," insert "amend
4 (6)(b)(XVI) and (6)(b)(XVII);" and after "add" insert "(6)(b)(XVIII)".
5
6 Page 3, after line 5, insert:
7 "(6) (b) "Public records" does not include:
8 (XVI) Records related to complaints received by the office of the
9 judicial discipline ombudsman pursuant to section 13-3-120, including
10 any record that names or otherwise identifies a specific complainant or
11 other person involved in the complaint; or
12 (XVII) A complaint of harassment or discrimination, as described
13 in section 22-1-143, that is unsubstantiated and all records related to the
14 unsubstantiated complaint, including records of an investigation into the
15 complaint; OR
16 (XVIII) A WRITTEN DOCUMENT OR ELECTRONIC RECORD THAT IS
17 PRODUCED BY A DEVICE OR APPLICATION THAT IS USED TO ASSIST AN
18 INDIVIDUAL WITH A DISABILITY TO FACILITATE COMMUNICATION IF THE
19 WRITTEN DOCUMENT OR ELECTRONIC RECORD HAS BEEN PRODUCED TO
20 FACILITATE COMMUNICATION IN LIEU OF VERBAL COMMUNICATION.".
21
22 As amended, ordered engrossed and placed on the Calendar for Third
23 Reading and Final Passage.
24