Second Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 16-0553.01 Kate Meyer x4348 HOUSE BILL 16-1206 HOUSE SPONSORSHIP Nordberg, SENATE SPONSORSHIP (None), House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the ability of persons with certain connections to post-September 11, 2001, military service to make their current location information exempt from electronic disclosure 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.) The bill allows persons who served in the military since September 11, 2001, and their immediate family members to, upon request, make their current location information exempt from electronic disclosure under the "Colorado Open Records Act". Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that: (a) Service members perform some of the most critical, effective, and dangerous functions in defense of this nation's freedom; (b) Terrorist groups have threatened service members and their families and have encouraged terrorist sympathizers to harm service members and their families within the United States; (c) Location information of service members can easily be obtained from public sources, making such persons vulnerable to acts of terrorism; (d) Allowing continued electronic access to the location information of post-September 11, 2001, service members and their immediate family members jeopardizes their safety; (e) Protecting those who protect this nation outweighs any public benefit that may be derived from allowing unfettered electronic disclosure of the location information of service members and their immediate family members; and (f) Permitting service members and their immediate family members to opt to keep their current location information from being disclosed electronically strikes an appropriate balance between increasing safety for those persons while respecting the need to allow access to, and inspection of, public records. (2) Therefore, the general assembly declares that it is a public necessity to allow current or former members of the United States armed forces, the reserve components of the armed forces, and the National Guard, who served after September 11, 2001, and their immediate family members, to request that their location information be kept from electronic disclosure under the "Colorado Open Records Act", part 2 of article 72 of title 24, C.R.S. SECTION 2. In Colorado Revised Statutes, 24-72-204, add (9) as follows: 24-72-204. Allowance or denial of inspection - grounds - procedure - appeal - definitions. (9) (a) (I) A service member or a service member's immediate family member may submit a written request to a custodian requesting that public records containing his or her own location information, or the location information of his or her minor child, be withheld from any disclosure that utilizes electronic methods. (II) A request submitted under subparagraph (I) of this paragraph (a) must include: (A) Documentation that is reasonably satisfactory to the custodian that the requestor is, or is an immediate family member of, a service member; and (B) A statement that the requestor has made reasonable efforts to protect the location information from being accessible through other electronic means available to the public. (b) Upon receiving a request submitted in accordance with paragraph (a) of this subsection (9), a custodian shall deny electronic inspection of, or electronic access to, public records containing the location information of the requesting service member or the service member's immediate family member; except that nothing prevents the person in interest from obtaining electronic access to his or her location information when such access is available. (c) Nothing in this subsection (9): (I) Prohibits a custodian of any public records from allowing nonelectronic inspection of any public records; or (II) Supersedes any reporting or disclosure requirement otherwise required by law for service members who are public officials, including the provisions of part 2 of article 6 of this title. (d) As used in this subsection (9): (I) "Location information" means a service member's or dependent's current home address, current place of employment, current school, or current daycare facility. (II) "Service member" means a current or former member of the United States armed forces, a reserve component of the United States armed forces, or the National Guard who served after September 11, 2001. SECTION 3. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2016, if adjournment sine die is on May 11, 2016); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.