A bill allowing Colorado government entities more time to process public records requests has passed in the Senate, with a vote of 26-7. Currently, requests under the Colorado Open Records Act must be responded to within 3 business days, but if SB 77 is approved, custodians will have 5 days to respond, and 10 days under extenuating circumstances. The bill exempts news media from the new rules, keeping current deadlines in place.
The Senate State, Veterans, & Military Affairs Committee advanced the bill, with Sen. Byron Pelton being the lone vote against it. Pelton disagreed with exempting media requests and the preferential treatment they would receive. Critics have raised concerns about lack of accountability for government entities failing to comply with current deadlines, as well as the high costs associated with public records requests.
Residents have spoken out against the bill, stating that increasing the required time and fees for public records requests would create more barriers and loopholes for records custodians to exploit. SB 77 is now headed to the House for debate, and is sponsored by Sen. Cathy Kipp, Sen. Janice Rich, and Reps. Michael Carter and Matt Soper.
This is the second consecutive year that the bill is being pushed, with a similar measure failing last year due to concerns from disability advocates and the media. The controversial aspect of labeling citizens as “vexatious requestors” has been removed from the bill. If passed, the bill will require all government entities to post a clear public records policy.
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