Skip to main content
Colorado General AssemblyToggle Main Menu
Agency NameToggle Agency Menu

s_sa_2017a_2017-03-01t13:34:38z1 Hearing Summary

Date: 03/01/2017

Location: SCR 357

Final

BILL SUMMARY for SB17-040



SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS


Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment B). The motion p

Adopt amendment L.002 (Attachment C). The motion p

Adopt amendment L.003 (Attachment D). The motion p

Adopt amendment L.008 (Attachment E). The motion p

Adopt amendment L.010 (Attachment M). The motion p

Adopt amendment L.011 (Attachment L). The motion p

Refer Senate Bill 17-040, as amended, to the Commi
Pass Without Objection

Pass Without Objection

Pass Without Objection

Pass Without Objection

PASS

Pass Without Objection

PASS







01:54 PM -- SB17-040



Senator Kefalas, sponsor, presented Senate Bill 17-040 to the committee. This bill modifies the Colorado Open Records Act (CORA) with respect to digital or electronic records. It requires custodians of public records to provide records in a structured data format, when requested. Structured data means digital data capable of being automatically read, processed, or manipulated by a computer, and it includes data in relational databases and spreadsheets. If digital records are searchable, custodians must provide them in that format, when requested. Nothing in the bill requires custodians to provide digital records in their native format, meaning the format in which they were created or are stored on the custodian's computer or server. The bill also includes specific exceptions, and provisions for civil remedies and fees.



Senator Kefalas discussed prepared amendments L.001, L.002, L.003, and L.008 (Attachments B, C, D, and E).



17SenateState0301AttachB.pdf17SenateState0301AttachB.pdf 17SenateState0301AttachC.pdf17SenateState0301AttachC.pdf



17SenateState0301AttachD.pdf17SenateState0301AttachD.pdf 17SenateState0301AttachE.pdf17SenateState0301AttachE.pdf



02:04 PM --
Secretary of State Wayne Williams testified in support of the bill. He provided a handout to committee members (Attachment F).



17SenateState0301AttachF.pdf17SenateState0301AttachF.pdf



02:08 PM --
Trevor Timmons, representing the Department of State, testified in support of the bill. Mr. Timmons responded to committee member questions.



02:14 PM --
Richard Orf, representing the Associated Governments of Northwest Colorado, testified against the bill and responded to committee member questions.



02:20 PM --
Pat Ratliff, representing South Metro Water Supply Authority, testified against the bill and responded to committee member questions.



02:26 PM --
Matt Cook, representing the Colorado Association of School Boards, testified against the bill.



02:28 PM --
Eric Bergman, representing Colorado Counties, Inc., testified against the bill. He provided an example of a CORA request to a county (Attachment G). Mr. Bergman responded to committee member questions.



17SenateState0301AttachG.pdf17SenateState0301AttachG.pdf



02:42 PM -- Doug Kemper, representing Colorado Water Congress, testified against the bill. He provided two handouts to the committee (Attachments H and I) and responded to committee member questions.



17SenateState0301AttachH.pdf17SenateState0301AttachH.pdf 17SenateState0301AttachI.pdf17SenateState0301AttachI.pdf



02:52 PM -- Jeremy Hueth, representing the University of Colorado, testified against the bill. He provided background information and a table (Attachments J and K) to the committee and responded to questions.



17SenateState0301AttachJ.pdf17SenateState0301AttachJ.pdf 17SenateState0301AttachK.pdf17SenateState0301AttachK.pdf



03:01 PM -- Michelle Merz Hutchinson, representing the Colorado School of Mines, testified against the bill. Ms. Hutchinson responded to committee member questions.



03:05 PM --
Jennifer Anderson, representing the Colorado Attorney General's Office, testified in support of the bill and amendments L.008 and L.011 (Attachment L). Ms. Anderson responded to committee member questions.



17SenateState0301AttachL.pdf17SenateState0301AttachL.pdf



03:11 PM --
Lauren Gustus, representing the Colorado Press Association, testified in support of the bill and responded to committee member questions.



03:17 PM --
Chris Kolberl, representing the Colorado Broadcasters' Association, testified in support of the bill.



03:21 PM --
Brian Gryth, representing Colorado Common Cause, testified in support of the bill and responded to committee member questions.



03:24 PM --
Mike Krause, representing the Independence Institute, testified in support of the bill and responded to committee member questions.



03:31 PM --
Jeff Roberts, representing the Colorado Freedom of Information Coalition, testified in support of the bill.



03:37 PM --
Peg Perl, representing Colorado Ethics Watch, testified in support of the bill and responded to committee member questions.



03:43 PM --
Fort Collins City Councilman Ross Cunniff, representing himself, testified in support of the bill.



03:47 PM --
Natalie Menten, representing herself, testified in support of the bill.



03:50 PM --
Mary Eberle, representing herself, testified in support of the bill.



03:53 PM --
Suzanne Staiert, Deputy Secretary of State, testified in support of the bill.





03:57 PM



Senator Kefalas discussed amendment L.001.

BILL: SB17-040
TIME: 04:00:14 PM
MOVED: Court
MOTION: Adopt amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Court
Fenberg
Sonnenberg
Marble
Scott
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





04:00 PM



Senator Kefalas discussed amendment L.002.

BILL: SB17-040
TIME: 04:01:34 PM
MOVED: Court
MOTION: Adopt amendment L.002 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Court
Fenberg
Sonnenberg
Marble
Scott
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





04:01 PM



Senator Kefalas discussed amendment L.003.

BILL: SB17-040
TIME: 04:02:23 PM
MOVED: Court
MOTION: Adopt amendment L.003 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Court
Fenberg
Sonnenberg
Marble
Scott
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





04:02 PM



Senator Kefalas discussed amendment L.008 and answered committee member questions about the amendment.

BILL: SB17-040
TIME: 04:15:12 PM
MOVED: Court
MOTION: Adopt amendment L.008 (Attachment E). The motion passed without objection.
SECONDED:
VOTE
Court
Fenberg
Sonnenberg
Marble
Scott
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





04:15 PM



Senator Kefalas discussed amendment L.011 and answered committee member questions about the amendment.

BILL: SB17-040
TIME: 04:23:12 PM
MOVED: Court
MOTION: Adopt amendment L.011 (Attachment L). The motion passed without objection.
SECONDED:
VOTE
Court
Fenberg
Sonnenberg
Marble
Scott
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





04:23 PM



Senator Scott discussed amendment L.010 (Attachment M). Committee members and Senator Kefalas commented on the amendment.



17SenateState0301AttachM.pdf17SenateState0301AttachM.pdf

BILL: SB17-040
TIME: 04:25:18 PM
MOVED: Scott
MOTION: Adopt amendment L.010 (Attachment M). The motion passed on a vote of 3-2.
SECONDED:
VOTE
Court
No
Fenberg
No
Sonnenberg
Yes
Marble
Yes
Scott
Yes
YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





04:26 PM



Committee members commented on the bill. Senator Kefalas wrapped up his presentation of the bill.





04:30 PM



The committee recessed.





04:35 PM



The committee reconvened.



Committee members commented on the bill and amendments.

BILL: SB17-040
TIME: 04:40:43 PM
MOVED: Court
MOTION: Refer Senate Bill 17-040, as amended, to the Committee on Appropriations. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Sonnenberg
No
Marble
Yes
Scott
Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS







04:41 PM



The committee adjourned.








The House and Senate are temporarily adjourned.  The building is closed to the public.

COVID-19 Resources

Written Testimony and Witness Sign-up