First Regular Session

Sixty-first General Assembly

LLS NO. 97­0472.01 DLC HOUSE BILL 97­1032

STATE OF COLORADO

BY REPRESENTATIVE Zimmerman

STATE, VETERANS &

MILITARY AFFAIRS

A BILL FOR AN ACT

CONCERNING INTERNET ACCESS TO PUBLIC INFORMATION MAINTAINED BY THE SECRETARY OF STATE.

Bill Summary

"Internet Access To State Information"

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Requires the secretary of state to provide public access through the internet system or a successor computer on­line system to any public information maintained by the secretary of state. Specifies the date by which such access must be provided. Authorizes the secretary of state to determine procedures for and establish the rates to be charged for such access.

Specifies that such access must be coordinated with existing requirements for the establishment of a telecommunications network that allows electronic access to certain election campaign reports filed with the secretary of state.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Article 21 of title 24, Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:

24­21­110.  Electronic access to information ­ internet system. (1)  NO LATER THAN DECEMBER 31, 1999, THE SECRETARY OF STATE SHALL PROVIDE PUBLIC ACCESS THROUGH THE INTERNET SYSTEM OR A SUCCESSOR COMPUTER ON­LINE SYSTEM TO ANY PUBLIC INFORMATION THAT IS OTHERWISE AVAILABLE FOR PHYSICAL INSPECTION AND COPYING BY PERSONS AT THE OFFICE OF THE SECRETARY OF STATE. AS USED IN THIS SECTION, "PUBLIC INFORMATION" IS INFORMATION DEEMED TO BE A PUBLIC RECORD, AS DEFINED IN SECTION 24­72­202 (6), AND INCLUDES, BUT IS NOT LIMITED TO, ANY AFFIDAVIT, AMENDMENT, APPLICATION, ARTICLE, CERTIFICATE, FORM, INSTRUMENT, REGISTRATION, REPORT, OR STATEMENT THAT IS FILED WITH THE SECRETARY OF STATE PURSUANT TO LAW OR RULE.

(2)  THE RATES TO BE CHARGED AND PROCEDURES FOR SUCH ACCESS SHALL BE DETERMINED BY THE SECRETARY OF STATE. THE RATES TO BE CHARGED SHALL BE SET AT A LEVEL THAT OFFSETS THE COSTS TO THE SECRETARY OF STATE.

SECTION 2.  1­45­109 (5), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is amended to read:

1­45­109.  Filing ­ where to file ­ timeliness. (5) (a)  The secretary of state shall establish, operate, and maintain such computer services as are necessary to maintain a telecommunications network that allows electronic read­only access to persons who wish to review the reports filed with the secretary of state's office pursuant to this article. The rates to be charged and procedures for such access shall be determined by the secretary of state. The rates to be charged shall be set at a level which offsets the costs to the secretary of state.

(b)  THE REQUIREMENTS OF PARAGRAPH (a) OF THIS SUBSECTION (5) SHALL BE IN COORDINATION WITH, AND NOT IN DUPLICATION OF, THE INTERNET ACCESS TO PUBLIC INFORMATION REQUIRED BY SECTION 24­21­110, C.R.S.

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.