SENATE BILL 97237
BY SENATORS Wells, Hernandez. Johnson, Pascoe, and Perlmutter;
also REPRESENTATIVES Adkins and Tupa.
CONCERNING PUBLIC ACCESS TO DOCUMENTS PREPARED FOR
ELECTED OFFICIALS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 23505
(2), Colorado Revised Statutes, 1980 Repl. Vol., as amended, is
amended to read:
23505. Requests for drafting
bills and amendments confidential nature thereof
lobbying for bills. (2) (a) Prior
to the introduction of a bill or amendment in the general assembly,
no employee of the office shall reveal to any person outside the
office the contents or nature of such bill or amendment, except
with the consent of the person making the request. Nothing in
this section shall prohibit the disclosure to the staff of any
legislative service agency of such information concerning bills
or amendments prior to introduction as is necessary to expedite
the preparation of fiscal notes, as provided by the rules of the
general assembly, but such staff shall not reveal the contents
or nature of such bills or amendments to any other person without
the consent of the person making the request.
(b) All documents prepared or assembled
in response to a request for a bill or amendment, other than the
introduced version of a bill or amendment that was in fact introduced,
shall be considered work product, as defined in section 2472202
(6.5), C.R.S.
(c) (I) THE FINAL VERSION OF ALL
DOCUMENTS PREPARED OR ASSEMBLED BY THE OFFICE FOR A MEMBER OF
THE GENERAL ASSEMBLY BUT NOT IN RESPONSE TO A REQUEST FOR A BILL
OR AMENDMENT AND NOT CONTAINING LEGAL ANALYSIS OR EXPRESSING A
LEGAL OPINION OR CONCLUSION SHALL NOT BE CONSIDERED WORK PRODUCT
AS DEFINED IN SECTION 2472202 (6.5), C.R.S. EXCEPT
AS OTHERWISE PROVIDED IN PARAGRAPH (e) OF THIS SUBSECTION (2),
THE FINAL VERSION OF SUCH DOCUMENTS SHALL BE A PUBLIC RECORD.
THESE DOCUMENTS INCLUDE, BUT ARE NOT LIMITED TO:
(A) COMPARISONS OF EXISTING LAW WITH THE
PROVISIONS OF ANY BILL OR AMENDMENT, COMPARISONS OF ANY BILLS
OR AMENDMENTS WITH OTHER BILLS OR AMENDMENTS, COMPARISONS OF DIFFERENT
VERSIONS OF BILLS OR AMENDMENTS, AND COMPARISONS OF THE LAWS OF
THIS STATE WITH LAWS OF OTHER JURISDICTIONS;
(B) COMPILATIONS OF EXISTING PUBLIC INFORMATION,
STATISTICS, OR DATA;
(C) COMPILATIONS OR EXPLANATIONS OF GENERAL
AREAS OR BODIES OF LAW, LEGISLATIVE HISTORY, OR LEGISLATIVE POLICY.
(II) PRIOR TO DELIVERY OF THE FINAL VERSION
OF SUCH A DOCUMENT TO THE MEMBER WHO REQUESTED IT, NO EMPLOYEE
OF THE OFFICE SHALL REVEAL TO ANY PERSON OUTSIDE THE OFFICE THE
CONTENTS OR NATURE OF THE DOCUMENT, EXCEPT WITH THE CONSENT OF
THE MEMBER MAKING THE REQUEST.
(d) IF A MEMBER OF THE GENERAL ASSEMBLY
REQUESTS A LEGAL OPINION OR DOCUMENT FROM THE OFFICE THAT IS THE
SAME AS OR SUBSTANTIALLY SIMILAR TO A LEGAL OPINION OR DOCUMENT
PREVIOUSLY REQUESTED BY ANOTHER MEMBER, THE OFFICE MAY PRODUCE
AN IDENTICAL OR SUBSTANTIALLY SIMILAR LEGAL OPINION OR DOCUMENT
FOR THE SECOND MEMBER. THE OFFICE SHALL NOT DISCLOSE THE IDENTITY
OF ANY MEMBER WHO MADE A PREVIOUS REQUEST.
(e) A MEMBER MAY REQUEST THAT THE FINAL
VERSION OF A DOCUMENT THAT WOULD OTHERWISE BECOME A PUBLIC RECORD
IN ACCORDANCE WITH PARAGRAPH (c) OF THIS SUBSECTION (2) REMAIN
WORK PRODUCT.
SECTION 2. 2472202
(6) (b) (II), Colorado Revised Statutes, 1988 Repl. Vol., as amended,
is amended to read:
2472202. Definitions.
As used in this part 2, unless the context otherwise requires:
(6) (b) "Public records"
does not include:
(II) Work product prepared for elected
officials. HOWEVER, ELECTED OFFICIALS MAY RELEASE, OR AUTHORIZE
THE RELEASE OF, ALL OR ANY PART OF WORK PRODUCT PREPARED FOR THEM.
SECTION 3. 24-72-202
(6.5) (b), Colorado Revised Statutes, 1988 Repl. Vol., as amended,
is amended, and the said 24-72-202 (6.5) is further amended BY
THE ADDITION OF A NEW PARAGRAPH, to read:
24-72-202. Definitions.
As used in this part 2, unless the context otherwise requires:
(6.5) (b) "Work
product"
also includes all documents relating to the drafting of bills
or amendments, pursuant to section 23505 (2) (b),
C.R.S., BUT IT DOES NOT INCLUDE THE FINAL VERSION OF DOCUMENTS
PREPARED OR ASSEMBLED PURSUANT TO SECTION 23505 (2)
(c), C.R.S. and
"WORK
PRODUCT"
ALSO INCLUDES all research projects conducted by staff of legislative
council pursuant to section 23304 (1), C.R.S., if
the research is requested by a member of the general assembly
and identified by the member as being in connection with pending
or proposed legislation or amendments thereto. However, the final
product of any such research project shall become a public record
unless the member specifically requests that it remain work product.
In addition, if such a research project is requested by a member
of the general assembly and the project is not identified as being
in connection with pending or proposed legislation or amendments
thereto, the final product shall become a public record.
(d) (I) IN ADDITION, "WORK
PRODUCT"
DOES NOT INCLUDE ANY FINAL VERSION OF A DOCUMENT PREPARED OR ASSEMBLED
FOR AN ELECTED OFFICIAL THAT CONSISTS SOLELY OF FACTUAL INFORMATION
COMPILED FROM PUBLIC SOURCES. THE FINAL VERSION OF SUCH A DOCUMENT
SHALL BE A PUBLIC RECORD. THESE DOCUMENTS INCLUDE, BUT ARE NOT
LIMITED TO:
(A) COMPARISONS OF EXISTING LAWS, ORDINANCES,
RULES, OR REGULATIONS WITH THE PROVISIONS OF ANY BILL, AMENDMENT,
OR PROPOSED LAW, ORDINANCE, RULE, OR REGULATION; COMPARISONS OF
ANY BILLS, AMENDMENTS, OR PROPOSED LAWS, ORDINANCES, RULES, OR
REGULATIONS WITH OTHER BILLS, AMENDMENTS, OR PROPOSED LAWS, ORDINANCES,
RULES, OR REGULATIONS; COMPARISONS OF DIFFERENT VERSIONS OF BILLS,
AMENDMENTS, OR PROPOSED LAWS, ORDINANCES, RULES, OR REGULATIONS;
AND COMPARISONS OF THE LAWS, ORDINANCES, RULES, OR REGULATIONS
OF THE JURISDICTION OF THE ELECTED OFFICIAL WITH THE LAWS, ORDINANCES,
RULES, OR REGULATIONS OF OTHER JURISDICTIONS;
(B) COMPILATIONS OF EXISTING PUBLIC INFORMATION,
STATISTICS, OR DATA;
(C) COMPILATIONS OR EXPLANATIONS OF GENERAL
AREAS OR BODIES OF LAW, ORDINANCES, RULES, OR REGULATIONS, LEGISLATIVE
HISTORY, OR LEGISLATIVE POLICY.
(II) THIS PARAGRAPH (d) SHALL NOT APPLY
TO DOCUMENTS PREPARED OR ASSEMBLED FOR MEMBERS OF THE GENERAL
ASSEMBLY PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (6.5).
SECTION 4. Effective
date. This act shall take effect at 12:01 a.m. on the day
following the expiration of the ninetyday period after final
adjournment of the general assembly that is allowed for submitting
a referendum petition pursuant to article V, section 1 (3) of
the state constitution; except that, if a referendum petition
is filed against this act or an item, section, or part of this
act within such period, then the act, item, section, or part,
if approved by the people, shall take effect on the date of the
official declaration of the vote thereon by proclamation of the
governor.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO