The bill makes the following changes to the "Colorado Open Records Act" (CORA): Requires a custodian to evaluate a request for public records promptly and for no longer than 2 days. Within the 2-day period the custodian shall notify the requester whether or not any costs or fees that may apply to the request and if extenuating circumstances exist that allow for an extension of the reasonable time to respond to a CORA request (response period). If there are costs or fees that may apply, the response period does not begin until the custodian receives a response from the requester acknowledging acceptance of the costs or fees. Alternatively, a requester may revise their request and the custodian shall evaluate the revised request within the 2-day evaluation period. Otherwise, the response period begins after the custodian has provided notice to the requester. Changes the reasonable time to respond to a CORA request, except for requests from a mass medium or a newsperson, from 3 working days to 5 working days and changes the extension of time for the response period if extenuating circumstances exist from not exceeding 7 additional days to not exceeding 10 additional days; Adds an extenuating circumstance that allows for an extension of the response period when the custodian is not scheduled to work within the response period; Requires public entities to post any rules or policies adopted pursuant to CORA, including what the public entity's records retention policy, and to post information for members of the public regarding how to make a public records request; If public records are in the sole and exclusive custody and control of someone who is not scheduled to work within the response period, a custodian shall provide all other available responsive public records within the response period and notify the requester of the earliest date on which the person is scheduled to return to work and make best efforts to make responsive records available for inspection within the response period or extended response period, as applicable expected to be available or that the person is not expected to return to work . The requester may make a subsequent request for additional responsive records, if any, on or after the date the person who is authorized to have custody and control of the records is scheduled to return to work custodian provides . Allows a custodian to determine that a requester is a vexatious requester, requires the custodian to make a sworn statement in support of the determination to provide to the requester, allows the custodian a 30-day response period when a requester is a vexatious requester, and permits the requester to appeal the determination that the requester is a vexatious requester to the district court; Excludes a mass medium or newsperson from being a vexatious requester; Allows a custodian , subject to certain exceptions, to determine that a request is made for the direct solicitation of business for pecuniary gain, requires the custodian to make a sworn statement in support provide written notice of the determination to provide to the requester, allows the custodian a 30-day response period for such a request, permits the requester to submit a signed statement affirming the request is not for the direct solicitation of business for pecuniary gain which the custodian must consider in making their determination, permits the requester to appeal the determination that the request is made for the direct solicitation of business for pecuniary gain to the district court, and allows a custodian to charge the requester for the full cost of responding to the request notwithstanding the allowance for the first hour of research and retrieval to otherwise be free of charge and notwithstanding the statutory cap on fees, which otherwise would apply; Prohibits disclosure of any other contact information of students in any public elementary or secondary school in addition to the prohibition of disclosure of addresses and telephone numbers that is in current law; Allows a custodian to deny the right of inspection of public records that are an employee's calendar, unless the public record is an elected official's calendar or the calendar of an employee who is in a leadership position or the request is made by a mass medium or newsperson; and Clarifies that if a custodian imposes any requirements concerning the pre-payment of fees or the payment of fees in connection with a request for inspection of public records, the requirements must be in accordance with the custodian's adopted rules or written policies and must not be inconsistent with the provisions of CORA; and Allows a custodian to treat a CORA request made within 14 calendar days of another CORA request made by the same person as one request for purposes of calculating the fee that the custodian may charge to the requester for research and retrieval of responsive public records. In addition, the bill requires that members of the general assembly retain public records for a minimum of 60 days. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sponsored bills
The uniform act clarifies when and how electronic documents may be used in estate planning documents other than wills. APPROVED by Governor May 1, 2024 EFFECTIVE January 1, 2025(Note: This summary applies to this bill as enacted.)
The act amends certain requirements and procedures related to licenses and passes from the Colorado parks and wildlife commission (commission). The act lowers the age threshold for senior annual fishing licenses to 64 years of age and amends the definition of "low-income senior" for the purposes of discounted parks and wildlife licenses. The act also lowers the disability level threshold for veterans with disabilities from 60% to 50% disability for the purpose of granting licenses to disabled veterans. The act lowers the cost of the youth small game hunting license and the youth big game hunting license by 25 cents to account for the inclusion of the backcountry search and rescue fund surcharge that is added administratively by the commission when the licenses are purchased. The act clarifies that adjustments to the prices of certain hunting licenses are based on the cost of the licenses as established in 2018 and adjusted for inflation based on the consumer price index. The act authorizes the commission to establish, by rule, a harvest permit surcharge for the taking of small game when doing so is necessary for the proper management of wildlife resources. The act specifies that revenues generated from the sale of keep Colorado wild passes may be used for capital construction projects. The act establishes procedures for hearings conducted by the commission when a river outfitter license holder or applicant is alleged to have committed a violation and when the applicant or license holder may have their application or license denied, suspended, or revoked. The act authorizes a hearing officer to conduct hearings on behalf of the commission in relation to the denial, suspension, or revocation of a river outfitter license. APPROVED by Governor May 1, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
In 2021, the general assembly enacted Senate Bill 21-190, concerning additional protection of data relating to personal privacy, which established the "Colorado Privacy Act" (privacy act) as part of the "Colorado Consumer Protection Act". The privacy act protects the privacy of individuals' personal data by establishing certain requirements for entities that process personal data. The privacy act also describes certain rights that consumers may exercise regarding the processing of their personal data. The privacy act includes additional protections for sensitive data. For the purposes of the privacy act, the act expands the definition of "sensitive data" to include biological data, which is data generated by the technological processing, measurement, or analysis of an individual's biological, genetic, biochemical, physiological, or neural properties, compositions, or activities or of an individual's body or bodily functions, which data is used or intended to be used, singly or in combination with other personal data, for identification purposes. Biological data includes neural data, which is information that is generated by the measurement of the activity of an individual's central or peripheral nervous systems and that can be processed by or with the assistance of a device. APPROVED by Governor April 17, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The bill clarifies that the naturopathic doctor formulary (formulary) may include prescription classes of medicines and adds certain medicines to the formulary, including all legend drugs and, for a naturopathic doctor with a federal drug enforcement administration registration, all drugs listed on schedules III through V under the "Uniform Controlled Substances Act of 2013", except for benzodiazepines, opioids, and opioid derivatives . Before obtaining, dispensing, administering, injecting, ordering, or prescribing any of the medicines or devices on the formulary, a naturopathic doctor who is currently registered with the department of regulatory agencies must show proof of completion of 10 hours of pharmacological continuing education pertinent to or reflective of the naturopathic formulary. The bill prohibits a naturopathic doctor from prescribing any medicine or device to an individual under 18 years of age, or ketamine to an individual of any age, unless recommended by the naturopathic doctor advisory committee and approved by the director. Beginning September 1, 2024, the bill requires an individual applying for registration as a naturopathic doctor to pass a pharmacology examination administered by the North American Board of Naturopathic Examiners or a nationally recognized, director-approved successor entity. For the renewal of a naturopathic doctor registration on or after June 1, 2025, the bill requires a naturopathic doctor to complete 12 hours per year of education in pharmacology. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law requires the director of the office of the child's representative and the alternate defense counsel (directors) to be licensed to practice law in Colorado for at least 5 years prior to being appointed as the director of the respective offices and requires the director of the respondent parents' counsel to have 5 years of experience as a licensed attorney prior to being appointed as the director of the respondent parents' counsel. The act removes the requirement that the directors of the office of the child's representative and the alternate defense counsel be licensed to practice law in Colorado prior to their appointment and requires the directors to either be licensed to practice law in Colorado at the time of the appointment or be able to become licensed to practice law in Colorado within 6 months after the appointment. APPROVED by Governor April 11, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Current law exempts certain small cooperatives and limited-expense planned communities from most of the requirements of the "Colorado Common Interest Ownership Act", which governs the conduct of homeowners' associations (associations). A cooperative or planned community may avail itself of the exemption if: A cooperative was created on or after July 1, 1992, but before July 1, 1998, and either contains only units restricted to nonresidential use or contains no more than 10 units and is not subject to any development rights; A planned community was created on or after July 1, 1992, but before July 1, 1998, and contains no more than 10 units and is not subject to any development rights, or if a planned community provides in its declaration that the annual average common expense liability of each unit restricted to residential purposes may not exceed $400, as adjusted for changes in the consumer price index (CPI); A cooperative or planned community was created on or after July 1, 1998, and contains only units restricted to nonresidential use or contains no more than 20 units and is not subject to any development rights; or A planned community was created after July 1, 1998, and provides in its declaration that the annual average common expense liability of each unit restricted to residential purposes may not exceed $400, as adjusted for changes in the CPI. The act combines these exemptions, with amendments, to state that a cooperative or planned community may avail itself of the exemption if: A cooperative or planned community was created on or after July 1, 1992, and either contains only units restricted to nonresidential use or contains no more than 20 units and is not subject to any development rights; or A planned community provides in its declaration that the annual average common expense liability of each unit restricted to residential purposes must not exceed $400, as adjusted annually since July 1, 1999, for changes in the CPI. A cooperative or planned community that may avail itself of the exemption may elect instead to be subject to the entire "Colorado Common Interest Ownership Act" by adopting an amendment to its declaration evidencing its election. The act requires the HOA information officer in the department of regulatory agencies to provide notice of the act to cooperatives and planned communities that are affected by the act, including notice of the option to opt out of the exemption. APPROVED by Governor April 11, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The act defines "seasonal outdoor adventure day camp program" (program) as a type of children's resident camp for licensing purposes or to ensure the programs are licensed. Programs serve children who are 5 years of age or older. APPROVED by Governor April 4, 2024 EFFECTIVE April 4, 2024(Note: This summary applies to this bill as enacted.)