First Regular Session
Sixty-second General Assembly
LLS NO. 99-0347.01 Bob Lackner HOUSE BILL 99-1081
STATE OF COLORADO
BY REPRESENTATIVE Zimmerman
STATE, VETERANS, & MILITARY AFFAIRS
A BILL FOR AN ACT
101 CONCERNING ELECTRONIC ACCESS TO PUBLIC INFORMATION MAINTAINED
102 BY THE SECRETARY OF STATE.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Requires the secretary of state to provide public access through the
internet or a successor on-line computer system to public information
related to campaign finance and the public official and lobbyist filings
required by the "Colorado Sunshine Act of 1972" and maintained by the
secretary of state. Authorizes the secretary of state to determine the fees
to be charged and the procedures for such access. Authorizes the
secretary of state to charge fees that offset the costs of providing such
access. Allows the secretary of state to adjust the amount of such fees
under certain circumstances.
Requires the secretary of state to coordinate such computer access
with existing requirements for the establishment of a telecommunications
network that allows electronic access to certain campaign reports filed
with the secretary of state. Allows the secretary of state to adjust the
amount of fees charged for such telecommunications network under
certain circumstances.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Article 21 of title 24, Colorado Revised Statutes, is
3 amended BY THE ADDITION OF A NEW SECTION to read:
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 24-21-111. Electronic access to information. (1) NO LATER
2 THAN DECEMBER 31, 2000, THE SECRETARY OF STATE SHALL PROVIDE
3 ELECTRONIC READ-ONLY ACCESS THROUGH THE INTERNET OR A SUCCESSOR
4 ON-LINE COMPUTER SYSTEM TO THE FOLLOWING PUBLIC INFORMATION
5 THAT IS OTHERWISE AVAILABLE FOR PHYSICAL INSPECTION AND COPYING
6 BY PERSONS AT THE OFFICE OF THE SECRETARY OF STATE:
7 (a) INFORMATION FILED WITH THE SECRETARY OF STATE PURSUANT
8 TO THE "FAIR CAMPAIGN PRACTICES ACT", ARTICLE 45 OF TITLE 1, C.R.S.;
9 (b) INFORMATION FILED WITH THE SECRETARY OF STATE BY PUBLIC
10 OFFICIALS AND LOBBYISTS PURSUANT TO PARTS 2 AND 3 OF THE
11 "COLORADO SUNSHINE ACT OF 1972", ARTICLE 6 OF TITLE 24.
12 (2) THE SECRETARY OF STATE SHALL DETERMINE THE FEES
13 CHARGED AND PROCEDURES FOR ELECTRONIC ACCESS UNDER THIS
14 SECTION. ANY FEES CHARGED MAY BE AT A LEVEL THAT OFFSETS THE
15 COSTS TO THE SECRETARY OF STATE OF PROVIDING SUCH ELECTRONIC
16 ACCESS. NOTWITHSTANDING THE PROVISIONS OF THIS SUBSECTION (2) TO
17 THE CONTRARY, THE SECRETARY OF STATE BY RULE OR AS OTHERWISE
18 PROVIDED BY LAW MAY REDUCE THE AMOUNT OF SAID FEES IF NECESSARY
19 PURSUANT TO SECTION 24-75-402 (3) TO REDUCE THE UNCOMMITTED
20 RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE
21 CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE
22 SUFFICIENTLY REDUCED, THE SECRETARY OF STATE BY RULE OR AS
23 OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF THE FEES
24 PURSUANT TO SECTION 24-75-402 (4).
25 SECTION 2. 1-45-109 (5), Colorado Revised Statutes, is
26 amended to read:
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1 1-45-109. Filing - where to file - timeliness. (5) (a) The
2 secretary of state shall establish, operate, and maintain such computer
3 services as are necessary to maintain a telecommunications network that
4 allows electronic read-only access to persons who wish to review the
5 reports filed with the secretary of state's office pursuant to this article.
6 The rates FEES to be charged and procedures for such access shall be
7 determined by the secretary of state. The rates FEES to be charged shall
8 be set at a level which THAT offsets the costs to the secretary of state OF
9 PROVIDING SUCH ELECTRONIC ACCESS. NOTWITHSTANDING THE
10 PROVISIONS OF THIS PARAGRAPH (a) TO THE CONTRARY, THE SECRETARY
11 OF STATE BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE
12 AMOUNT OF SAID FEES IF NECESSARY PURSUANT TO SECTION 24-75-402 (3),
13 C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH
14 ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE
15 UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE
16 SECRETARY OF STATE BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
17 INCREASE THE AMOUNT OF THE FEES PURSUANT TO SECTION 24-75-402 (4),
18 C.R.S.
19 (b) THE ELECTRONIC ACCESS REQUIRED BY PARAGRAPH (a) OF THIS
20 SUBSECTION (5) SHALL BE IN COORDINATION WITH, AND NOT IN
21 DUPLICATION OF, THE ELECTRONIC ACCESS TO PUBLIC INFORMATION
22 REQUIRED BY SECTION 24-21-111, C.R.S.
23 SECTION 3. Effective date. This act shall take effect July 1,
24 1999.
25 SECTION 4. Safety clause. The general assembly hereby finds,
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1 determines, and declares that this act is necessary for the immediate
2 preservation of the public peace, health, and safety.