First Regular Session Sixty-third General Assembly STATE OF COLORADO INTRODUCED LLS NO. 01-0101.01 Stephen Miller SENATE BILL 01-017 SENATE SPONSORSHIP Evans, and Teck HOUSE SPONSORSHIP Young, and Ragsdale Senate Committees House Committees Judiciary Appropriations A BILL FOR AN ACT Concerning government records, and, in connection therewith, creating a criminal penalty for the unlawful destruction of certain government records. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Management, Storage, Retrieval, and Archiving of State Records. Creates a criminal penalty for the unlawful destruction of certain records of the state of Colorado and its political subdivisions. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 24-80-101 (1), Colorado Revised Statutes, is amended to read: 24-80-101. Definitions. As used in this part 1, unless the context otherwise requires: (1) "Records" means all books, papers, maps, photographs, or any other documentary materials, regardless of physical form or characteristics, including but not limited to any computer software, program, documentation, or computer data, made or received by any governmental agency in pursuance of law or in connection with the transaction of public business and preserved or appropriate for preservation by the agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the government or because of the value of the official governmental data contained therein. As used in this part 1, the following are excluded from the definition of records: (a) Materials preserved or appropriate for preservation because of the value of the data contained therein other than that of an official governmental nature or because of the historical value of the materials themselves; (b) Library books, pamphlets, newspapers, or museum material made, acquired, or preserved for reference, historical, or exhibition purposes; (c) Private papers, manuscripts, letters, diaries, pictures, biographies, books, and maps, including materials and collections previously owned by persons other than the state or any political subdivision thereof and transferred by them to the state historical society; (d) Extra copies of publications or duplicated documents preserved for convenience of reference; (e) Stocks of publications; (f) Electronic mail messages, regardless of whether such messages are produced or stored using state-owned equipment or software, unless the recipient has previously segregated and stored such messages as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the government or because of the value of the official governmental data contained therein; (g) The correspondence of elected officials that: (I) Constitutes work product as defined in section 24-72-202 (6.5) (a) and (b); except that final products which become public records under the provisions of section 24-72-202 (6.5) (b) shall constitute records as defined in this subsection (1); or (II) Is not connected to the exercise of functions required or authorized by law or administrative rule and does not involve the receipt or expenditure of public funds. SECTION 2. Part 1 of article 80 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 24-80-113. Unlawful destruction of government records - penalty. (1) Any person who knowingly destroys, damages, or defaces any record, as defined in section 24-80-101, of the state of Colorado or of any political subdivision thereof commits unlawful destruction of government records. (2) Nothing in this section shall be construed to prohibit the disposition of public records lawfully performed in accordance with the procedures of this part 1. (3) Unlawful destruction of government records is a class 6 felony, punishable as provided in section 18-1-105, C.R.S. SECTION 3. Part 1 of article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 17-1-133. Appropriation to comply with section 2-2-703. (1) Pursuant to section 2-2-703, C.R.S., the following statutory appropriations, or so much thereof as may be necessary, are made in order to implement S.B. 01-___, enacted at the first regular session of the sixty-third general assembly: (a) For the fiscal year beginning July 1, 2001, in addition to any other appropriation, there is hereby appropriated from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of _______ dollars ($ ). (b) (I) For the fiscal year beginning July 1, 2002, in addition to any other appropriation, there is hereby appropriated, from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of ______ dollars ($ ). (II) For the fiscal year beginning July 1, 2002, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of ______ dollars ($ ). (c) (I) For the fiscal year beginning July 1, 2003, in addition to any other appropriation, there is hereby appropriated, from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of ________ dollars ($ ). (II) For the fiscal year beginning July 1, 2003, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of ______ dollars ($ ). (d) (I) For the fiscal year beginning July 1, 2004, in addition to any other appropriation, there is hereby appropriated, from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of ______ dollars ($ ). (II) For the fiscal year beginning July 1, 2004, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of _______ dollars ($ ). (e) (I) For the fiscal year beginning July 1, 2005, in addition to any other appropriation, there is hereby appropriated, from the capital construction fund created in section 24-75-302, C.R.S., to the corrections expansion reserve fund created in section 17-1-116, the sum of ______ dollars ($ ). (II) For the fiscal year beginning July 1, 2005, in addition to any other appropriation, there is hereby appropriated to the department of corrections, out of any moneys in the general fund not otherwise appropriated, the sum of ______ dollars ($ ). SECTION 4. 24-75-302 (2) (n), (2) (o), (2) (p), (2) (q), and (2) (r), Colorado Revised Statutes, are amended to read: 24-75-302. Capital construction fund - capital assessment fees - calculation. (2) As of July 1, 1988, and July 1 of each year thereafter through July 1, 2005, a sum as specified in this subsection (2) shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (2) shall not be deemed to be appropriations subject to the limitations of section 24-75-201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows: (n) On July 1, 2001, one hundred million dollars, plus one hundred fifty-four thousand six hundred thirty-six dollars pursuant to H.B. 97-1186; plus nine hundred five thousand seven hundred twenty-three dollars pursuant to H.B. 97-1077, enacted at the first regular session of the sixty-first general assembly; plus nine thousand eight hundred ninety dollars pursuant to S.B. 98-021, enacted at the second regular session of the sixty-first general assembly; plus three hundred forty-nine thousand fifty-five dollars pursuant to H.B. 98-1160, enacted at the second regular session of the sixty-first general assembly; plus three hundred twenty-six thousand thirty-two dollars pursuant to H.B. 00-1107, enacted at the second regular session of the sixty-second general assembly; plus ninety-seven thousand two hundred fifty-four dollars pursuant to H.B. 00-1111, enacted at the second regular session of the sixty-second general assembly; plus two hundred ninety-one thousand seven hundred sixty-one dollars pursuant to H.B. 00-1158, enacted at the second regular session of the sixty-second general assembly; plus one million one hundred sixteen thousand nine hundred seventy-one dollars pursuant to H.B. 00-1201, enacted at the second regular session of the sixty-second general assembly; plus four hundred sixteen thousand eight hundred two dollars pursuant to H.B. 00-1214, enacted at the second regular session of the sixty-second general assembly; plus sixty-nine thousand four hundred sixty-seven dollars pursuant to H.B. 00-1247, enacted at the second regular session of the sixty-second general assembly; plus _____ dollars pursuant to S.B. 01-____, enacted at the first regular session of the sixty-third general assembly; (o) On July 1, 2002, one hundred million dollars plus thirteen thousand nine hundred sixty-two dollars pursuant to S.B. 98-021, enacted at the second regular session of the sixty-first general assembly; plus eight million three hundred seven thousand five hundred nine dollars pursuant to H.B. 98-1156, enacted at the second regular session of the sixty-first general assembly; plus three hundred ninety-seven thousand nine hundred twenty-three dollars pursuant to H.B. 98-1160, enacted at the second regular session of the sixty-first general assembly; plus fifty thousand three hundred sixty-four dollars pursuant to H.B. 00-1107, enacted at the second regular session of the sixty-second general assembly; plus one hundred twenty-one thousand five hundred sixty-seven dollars pursuant to H.B. 00-1201, enacted at the second regular session of the sixty-second general assembly; plus two hundred fifty thousand eighty-one dollars pursuant to H.B. 00-1214, enacted at the second regular session of the sixty-second general assembly; plus forty thousand five hundred twenty-two dollars pursuant to H.B. 00-1247, enacted at the second regular session of the sixty-second general assembly; plus _____ dollars pursuant to S.B. 01-____, enacted at the first regular session of the sixty-third general assembly; (p) On July 1, 2003, one hundred million dollars; plus _____ dollars pursuant to S.B. 01-____, enacted at the first regular session of the sixty-third general assembly; (q) On July 1, 2004, one hundred million dollars plus two hundred thirty-three thousand eight hundred seventy-two dollars pursuant to H.B. 00-1201, enacted at the second regular session of the sixty-second general assembly; plus _____ dollars pursuant to S.B. 01-____, enacted at the first regular session of the sixty-third general assembly; (r) On July 1, 2005, one hundred million dollars; plus _____ dollars pursuant to S.B. 01-____, enacted at the first regular session of the sixty-third general assembly. SECTION 5. Effective date - applicability. (1) This act shall take effect September 1, 2001, unless a referendum petition is filed during the ninety-day 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. If such 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. (2) The provisions of this act shall apply to all offenses committed on or after the applicable effective date of this act.