First Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 13-0528.01 Bob Lackner x4350    HOUSE BILL 13-1037
                    HOUSE SPONSORSHIP
 Salazar,
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Local Government
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning charges imposed by a custodian of public records
            for the actual costs of providing a copy of such
            records under the "Colorado Open Records Act".
       
       
                           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.)
       
            In determining the fee that a custodian of public records is
       authorized to impose under the "Colorado Open Records Act" (CORA)
       for the copying of a public record, the bill provides that the fee may not
       exceed the actual costs of providing the copy in accordance with existing
       law as well as an amount representing any additional actual costs
       necessarily incurred by the custodian in complying with the request as
       long as any such additional component of the fee is a nominal amount.
            In connection with any such additional component of the fee as
       specified in the bill, the following additional requirements apply:
                 A custodian is required to use the least expensive means
                 available to him or her in responding to a request for
                 copying of a public record under CORA;
                 No copying fee imposed under CORA may reflect time
                 spent by the custodian in determining whether the public
                 record at issue is subject to inspection or copying under the
                 act; and
                 No fee imposed under CORA may reflect time spent by a
                 public employee in responding to the request for inspection
                 or copying of a public record if the public employee
                 already receives an hourly wage or other form of
                 compensation for responding to requests for inspection or
                 copying under the act.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 24-72-205, amend
       (5) (a); and add (6) as follows:
            24-72-205.  Copy, printout, or photograph of a public record.
       (5) (a)  Except as otherwise provided in subsection (6) of this
       section, a custodian may charge a fee not to exceed twenty-five cents per
       standard page for a copy of a public record or a fee not to exceed the
       actual cost of providing a copy, printout, or photograph of a public record
       in a format other than a standard page.
            (6) (a)  Notwithstanding any provision of this section, in
       determining the fee that a custodian is authorized to impose
       under this part 2 for the copying of a public record, such fee may
       not exceed the actual costs of providing the copy in accordance
       with paragraph (a) of subsection (5) of this section as well as an
       amount representing any additional actual costs necessarily
       incurred by the custodian in complying with the request as long
       as any such additional component of the fee is a nominal amount.
            (b)  In connection with any such additional component of
       the fee described in paragraph (a) of this subsection (6), the
       following additional requirements apply:
            (I)  A custodian shall use the least expensive means
       available to him or her in responding to a request for copying of
       a public record under this part 2. An example of the least
       expensive means includes, without limitation, assigning the task
       of providing copies of the public record requested to the lowest
       paid employee capable of performing the task.
            (II)  No fee imposed under this part 2 for copying a public
       record may reflect time spent by the custodian in determining
       whether the public record at issue is subject to inspection or
       copying under this part 2.
            (III)  No fee imposed under this part 2 for copying a public
       record may reflect time spent by a public employee in responding
       to the request for copying a public record if the public employee
       performing the copying already receives an hourly wage or
       other form of compensation for responding to requests for
       copying under this part 2.
            SECTION 2.  Effective date - applicability. This act takes effect
       July 1, 2013, and applies to any record request made on or after said date.
            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.