Second Regular Session
             Sixty-seventh General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 10-1124.01 Dan Cartin           HOUSE BILL 10-1432
                    HOUSE SPONSORSHIP
 Carroll T. and May, 
 
                   SENATE SPONSORSHIP
 Shaffer B. and Penry, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Agriculture, Livestock, & Natural Resources
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the documentation assembled by the staff of the
            legislative council during preparation of the ballot
            information booklet.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted.  If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Work product, which is generally defined as advisory or
       deliberative materials assembled for the benefit of elected officials to
       assist them in reaching a decision within the scope of their authority, is
       not subject to public inspection under the "Colorado Open Records Act". 
       The bill makes all documents prepared by or submitted to the legislative
       council staff in connection with the preparation of the ballot information
       booklet (blue book), including all written comments received from the
       public, work product, with the exception that all such documents and
       written comments become public records upon distribution of the blue
       book to electors in Colorado.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  1-40-124.5 (1.7), Colorado Revised Statutes, is
       amended to read:
            1-40-124.5.  Ballot information booklet.  (1.7) (a)  After
       receiving written comments from the public in accordance with section
       1 (7.5) (a) (II) of article V of the state constitution, but before the draft of
       the ballot information booklet is finalized, the director of research of the
       legislative council of the general assembly shall conduct a public meeting
       at which the director and other members of the legislative staff have the
       opportunity to ask questions that arise in response to the written
       comments.  The director may modify the draft of the booklet in response
       to comments made at the hearing.  The legislative council may modify the
       draft of the booklet upon the two-thirds affirmative vote of the members
       of the legislative council.
            (b)  All of the written comments received from the public
       described in paragraph (a) of this subsection (1.7) shall be
       considered work product as defined in section 24-72-202 (6.5) (b)
       (V), C.R.S.
            SECTION 2.  2-3-304 (1), Colorado Revised Statutes, is amended
       to read:
            2-3-304.  Director of research - assistants.  (1)  The council shall
       interview persons applying for the position of director of research as to
       qualifications and ability and shall make recommendations thereon to the
       executive committee, which shall appoint the director of research as
       provided in section 2-3-303 (3) (d).  The director of research shall be
       responsible to the council for the collection and assembling of all data
       and for the preparation of reports, recommendations, and bills.
       Documents prepared or assembled by the director or employees of the
       director shall be considered work product, as defined in section
       24-72-202 (6.5), C.R.S., including but not limited to all documents
       prepared by or submitted to the staff of the legislative council
       in connection with the preparation of the ballot information
       booklet pursuant to section 1 (7.5) (a) of article V of the state
       constitution, except as otherwise provided in section 24-72-202
       (6.5) (b) (V), C.R.S.  The director shall, subject to the general policies of
       the council, have administrative direction over the activities of the
       council.  The director shall be paid a salary determined by the executive
       committee in accordance with section 2-3-303 (3) (a).  The director shall
       be an employee of the general assembly and shall not be subject to the
       state personnel system laws.  The director shall be appointed without
       reference to affiliation and solely on the basis of such director's ability to
       perform the duties of the position.
            SECTION 3.  24-72-202 (6.5) (b), Colorado Revised Statutes, is
       amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
            24-72-202.  Definitions.  As used in this part 2, unless the context
       otherwise requires:
            (6.5) (b)  "Work product" also includes:
            (V)  All documents prepared by or submitted to the staff
       of the legislative council in connection with the preparation of
       the ballot information booklet, including all written comments
       received from the public in accordance with section 1 (7.5) (a) (II)
       of article V of the state constitution; except that all such
       documents and written comments shall become public records
       upon distribution of the ballot information booklet to active
       registered electors in the state pursuant to section 1-40-124.5
       (2), C.R.S.
            SECTION 4.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.