First Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 09-0079.01 Bob Lackner SENATE BILL 09-049 SENATE SPONSORSHIP Tochtrop, HOUSE SPONSORSHIP (None), Senate Committees House Committees State, Veterans & Military Affairs A BILL FOR AN ACT Concerning the disclosure of the compensation of state employees under the "Colorado Open Records Act". Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Modifies provisions of the "Colorado Open Records Act" (CORA) permitting the custodian of public records to deny the right of inspection of certain public records by clarifying that nothing in CORA shall prohibit the publication of compensation information of employees in the state personnel system in an aggregate or statistical form that is classified in a manner that prevents the identification, location, or habits of the employees. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 24-72-204 (3) (a) (II) (A), Colorado Revised Statutes, is amended to read: 24-72-204. Allowance or denial of inspection - grounds - procedure - appeal - definitions. (3) (a) The custodian shall deny the right of inspection of the following records, unless otherwise provided by law; except that any of the following records, other than letters of reference concerning employment, licensing, or issuance of permits, shall be available to the person in interest under this subsection (3): (II) (A) Personnel files; but such files shall be available to the person in interest and to the duly elected and appointed public officials who supervise such person's work. Notwithstanding any other provision of this sub-subparagraph (A) or of section 24-72-202 (4.5), nothing in this part 2 shall be construed to prohibit the publication of compensation information of employees in the state personnel system in an aggregate or statistical form that is classified in a manner that prevents the identification, location, or habits of the employees. SECTION 2. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, (August 4, 2009, if adjournment sine die is on May 6, 2009); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.