NOTE: The governor signed this measure on 3/8/2013.
      
      
      HOUSE BILL 13-1041
      
      
      BY REPRESENTATIVE(S) Pettersen, Court, Duran, Exum, Fields,
      Hamner, Hullinghorst, Kraft-Tharp, Melton, Mitsch Bush, Murray, Pabon,
      Rosenthal, Schafer, Tyler, Young;
      also SENATOR(S) Kefalas, Heath, Nicholson.
      
      
      Concerning procedures governing the transmission of public
           records that are copied in response to a request for
           inspection of such 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, amend (1)
      as follows:
      
           24-72-205.  Copy, printout, or photograph of a public record.
      (1) (a)  In all cases in which a person has the right to inspect a public
      record, the person may request a copy, printout, or photograph of the record.
      The custodian shall furnish a copy, printout, or photograph and may charge
      a fee determined in accordance with subsection (5) of this section; except
      that, when the custodian is the secretary of state, fees shall be determined
      and collected pursuant to section 24-21-104 (3), and when the custodian is
      the executive director of the department of personnel, fees shall be
      determined and collected pursuant to section 24-80-102 (10). Where the fee
      for a certified copy or other copy, printout, or photograph of a record is
      specifically prescribed by law, the specific fee shall apply.
      
           (b)  Upon request for records transmission by a person
      seeking a copy of any public record, the custodian shall transmit
      a copy of the record by United States mail, other delivery service,
      facsimile, or electronic mail. No transmission fees may be charged
      to the record requester for transmitting public records via
      electronic mail. Within the period specified in section 24-72-203 (3)
      (a), the custodian shall notify the record requester that a copy of
      the record is available but will only be sent to the requester once
      the custodian either receives payment or makes arrangements for
      receiving payment for all costs associated with records
      transmission and for all other fees lawfully allowed, unless
      recovery of all or any portion of such costs or fees has been
      waived by the custodian. Upon either receiving such payment or
      making arrangements to receive such payment at a later date, the
      custodian shall send the record to the requester as soon as
      practicable but no more than three business days after receipt of,
      or making arrangements to receive, such payment.
      
           SECTION 2.  Applicability. This act applies to any record request
      made on or after the effective date of this act.
      
           SECTION 3.  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.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      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