STAFF SUMMARY OF FIRST MEETING OF

FIRST CONFERENCE COMMITTEE ON SB10-114


Date:05/11/2010
ATTENDANCE
Time:01:22 PM to 02:08 PM
Steadman
X
Primavera
X
Place:SCR 352
Kopp
E
Gardner B.
X
This Meeting was called to order by
Weissmann
X
Senator Carroll M.
Carroll M.
X
This Report was prepared by
Elizabeth Burger


01:23 PM

Senator Carroll called the conference committee on Senate Bill 10-114, concerning the "Colorado Taxpayer Transparency Act of 2010," to order and explained the changes made to the bill in the House of Representatives. She explained the changes to the rerevised bill that she would like the conference committee to consider. On page 3, line 20, Senator Carroll requested that the conference committee report include language related to the governing body's retention policy. She explained a change to an internal statutory reference on page 4, line 10. On page 4, line 11, she suggested the addition of language limiting the records that must be produced to those in the government body's possession. She described additional changes, including on page 3, line 26, to change the reference to paragraph (b) to subsection (2) and on page 4, line 9, to add language clarifying the time period in which the government body has to notify the contractor of the request for records.

01:27 PM -- Ann Hawes, Director of Legal and Regulatory Affairs for the Department of Public Health and Environment, described additional amendments to the rerevised bill the department is requesting. She stated that if language is added on page 4, line 9, specifying a time period for responding to requests for records, the time period should be three business days. Ms. Hawes stated that the bill's timelines regarding the production of records should be made clear. The committee discussed Ms. Hawes' concerns.

01:30 PM

Dan Cartin, Legislative Legal Services, proposed language related to Ms. Hawes' concerns on the bill's timelines. Representative Gardner questioned whether the bill was clear on when the governmental body must receive a response from the contractor. Ms. Hawes stated that the bill doesn't specify a timeline for the contractor to respond to the government body. Ms. Hawes clarified her concerns with the bill's notification timeline. Representative Gardner discussed whether the Colorado Open Records Act timelines should be suspended if the bill's provisions are invoked. The members of the committee continued to discuss the issue. Ms. Hawes stated her preference for adding three business days after receipt of the records by the contractor for the agency's response to the requestor.


01:43 PM

Mr. Cartin responded to questions from Representative Gardner regarding exemptions to the bill's provisions regarding contractor records. Representative Gardner asked whether the governmental agency would be required to defend the position of the contractor if a contractor felt that certain records were exempt from open records requirements. Ms. Hawes expressed concern that the agency would be subject to attorneys fees if the records were wrongfully withheld. Ms. Hawes reiterated her suggestion that there be three days for the agency to respond once records were received by the contractor.

01:48 PM -- Greg Romberg, Colorado Press Association, discussed his understanding of how open records requests of contractors are handled. Representative Weissmann suggested that language be added to specify that the agency does not have to release records that the contractor believes are exempt. Representative Gardner stated that the agency is the custodian of the records and should have some responsibility in the matter. Senator Steadman suggested that maybe the contractor should be removed from the situation, stating that the contractors shouldn't have the authority to determine whether their records are exempt.


01:52 PM

Senator Carroll moved that the conference committee adopt the rerevised bill, with several amendments. The committee discussed whether the governmental entity or the contractor should have the responsibility for determining which records are exempt from the provisions of the bill. Senator Carroll stated it should be based on who has the possession of the records. Representative Gardner expressed his opinion that contractors could designate all of their records as exempt. The committee continued to discuss the issue. Mr. Cartin stated he did not believe the governmental agency would be prevented from making the records available to a court to determine whether or not an exemption applies. The committee further discussed the issue.
BILL:SB10-114
TIME: 02:05:23 PM
MOVED:Carroll M.
MOTION:Adopt the rerevised bill with the following amendments: Page 3, line 20, after "governmental body" insert "pursuant to the governmental body's retention requirements"; page 3, line 26, strike "paragraph (b)" and substitute "subsection (2)"; page 4, line 9, strike "request." and substitute "request within three business days after receiving such request. The governmental body shall further notify the person making the records request within three business days after receiving such request of the applicability of an exemption and the twenty-one day response period specified in this paragraph (d) to the records being requested."; page 4, line 10, change the statutory citation to "24-72-203 (3) (b)"; page 4, line 11, after "records", insert "in its possession"; page 4, line 15, after "notification." insert "The governmental body shall notify the requestor within three business days after receiving the government contractor's designation and attestation of the records exempt from disclosure.". The motion passed on a 5-0 roll call vote, with one member excused.
SECONDED:
VOTE
Steadman
Yes
Primavera
Yes
Kopp
Excused
Gardner B.
Yes
Weissmann
Yes
Carroll M.
Yes
Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:07 PM

Representative Gardner discussed his position on the bill and the conference committee report.

02:08 PM

The conference committee adjourned.