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SB 25-077

Modifications to Colorado Open Records Act

2025 Regular Session Introduced by Andy Boesenecker and 10 co-sponsors

Expands CORA exemptions to shield records produced by assistive devices or translation apps from disclosure, protecting disabled individuals and non-English communications.

Governor Vetoed
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WeVote Research Nonpartisan
Bill Summary · SB 25-077

Summary — SB 25-077: Modifications to Colorado Open Records Act (CORA)

Status: Governor vetoed (Apr 17, 2025)
Introduced: Jan 23, 2025. Passed both chambers; sent to governor Apr 7, 2025.

Purpose / Intent

SB 25-077 would have amended CORA to (1) expand exemptions protecting certain communications produced by assistive devices and translation apps from public disclosure, (2) adjust statutory response deadlines and extensions for public records requests, and (3) add procedural, payment, fee, and privacy clarifications intended to reduce burdens on custodians and increase protections for vulnerable individuals (students, people with disabilities, those with language barriers).

Key provisions and changes

  • Exemptions to “public record”

    • Adds that written or electronic records produced by devices/applications used to assist an individual with a disability (in lieu of verbal communication) are not public records.
    • Adds the same exemption for documents produced to facilitate communication between individuals who do not share a common language ("language barrier").
    • Continues existing exemption for unsubstantiated harassment/discrimination complaints and certain jail assessment records.

  • Response times and extensions

    • Changes the presumed “reasonable time” to respond (for most requesters) from 3 working days to 5 working days.
    • Increases the maximum extension for extenuating circumstances from 7 to 10 working days.
    • Adds an explicit extenuating-circumstance basis for extension when the custodian or an essential person is not scheduled to work during the response period.
    • Maintains a shorter presumption (3 working days) for requests by a mass medium or newsperson, with extensions allowed up to an additional 7 working days under extenuating circumstances.

  • Election-related records

    • For county clerks during an election period, extends allowable additional production time during the 60 days before an election through certification; timeline language adjusted consistent with the new extension lengths.

  • Custodial access when records are in sole custody of off-duty person

    • If responsive records are solely in the custody of a person who is on leave or not scheduled to work, the custodian must produce all other responsive records within the response period and notify the requester of the earliest expected availability of the off-duty person (or that the person is not expected to return). The requester may submit a new request for any additional records after that date.

  • Direct solicitation / pecuniary-gain requests

    • Allows a custodian (with exceptions) to determine a request is for direct solicitation of business for pecuniary gain.
    • Custodian must give written notice; if determined solicitation, custodian may take up to 30 days to respond.
    • Requester may submit a signed statement denying pecuniary intent (which custodian must consider) and may appeal the determination to district court.
    • Custodian may charge the reasonable cost of directly responding to such requests, notwithstanding the usual free first hour and statutory fee caps.

  • Student privacy

    • Extends protections for public elementary/secondary students beyond addresses and phone numbers to prohibit disclosure of any other information that could be used to directly contact a student by any method.

  • Posting, payment, and fee procedures

    • Requires public entities to post on their websites (or physically if no website) their CORA-related rules/policies, records-retention policy (if any), and instructions on how to request records.
    • Clarifies prepayment/payment requirements must align with the custodian’s adopted rules or written policies and be consistent with CORA.
    • If the public entity accepts credit cards/electronic payments for other services, the entity must allow such payment for CORA fees/deposits.
    • Requesters may ask for a reasonable breakdown of costs charged for research and retrieval.
    • Allows treating a CORA request made within 14 calendar days of another similar request by the same person as one request for fee-calculation purposes.

  • Coroner records (House committee amendment)

    • Makes coroner investigation records generally non-disclosable, but gives a decedent’s “next of kin” the right to inspect coroner records/files or specifically requested portions, unless an open law-enforcement investigation or criminal trial is known — in which case access may be delayed until conclusion. Defines “next of kin” categories (personal representative, surviving spouse, adult children, parents/legal guardian, surviving adult siblings, etc.).

Who is affected

  • Public entities and custodians (state agencies, counties, municipalities, school districts): new posting, response-time, and fee/administration obligations; more flexibility to extend response times and to treat certain requests as solicitation.
  • Requesters (members of the public, journalists, businesses): slightly longer normal response window (5 days), but journalists/mass media retain faster presumptive response; new procedures for challenging solicitation determinations; ability to request cost breakdowns; potential for combined-fee treatment of closely timed similar requests.
  • Individuals with disabilities and persons with language barriers: added privacy protections for content produced by assistive/translation tools.
  • Students: broader protections against disclosure of contact-related information.
  • Next of kin: specific access to coroner records (subject to exceptions).

Other procedural notes / timeline

  • Passed both chambers without changes to core bill language summarized above; House inserted committee amendment concerning coroner records.
  • Final action: Governor vetoed on Apr 17, 2025 (bill did not become law).

Compiled from official sources — confirm details with the bill’s official record.

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