HB-1041: Towards more accessable records

If you've ever been involved in development issues and needed to get your hands on related documents, you may have noticed a stark difference between the City of Fort Collins and Larimer County. Requests made with the city will net you a quick response that typically included detailed documents via email. On the other hand, the same request made to Larimer County will generally receive the response, "you must come in during office hours to get that information," a restriction that makes access nearly impossible for busy people.

State Senator John Kefalas seeks to stop those who defy the intent of the Colorado Open Records Act (CORA). His bill will force governments to fulfill requests, without requiring in-person visits. We commend Senator Kefalas for his efforts.

However, it's disappointing to hear that a Republican effort to add fee limits to the bill was soundly defeated. There is a growing trend among local governments to charge exorbitant fees for open records requests. If unchecked, this direction may bar the gates of "open door" government.

It's unclear why the attempt to add fee limits failed. Nonetheless, expanding access through the removal of in-person restrictions is a decisive step in the right direction. So, ask your legislators to support this HB-1041. In addition, encourage them to immediately follow this up with a bill that addresses limits to open records request fees.

Update - March 8, 2013:
Gov. Hickenlooper signed into law.

References:

• HB13-1041 - Concerning Procedures Govering the Transmission of Public Records that are Copied In Response to a Request for Inspection of Such Records Under the "Colorado Open Requests Act"
• Colorado lawmakers poised to expand open records access, but won't address fees, The Republic, by Kristen Wyatt, February 25, 2013
• Transparency trouble, Boulder Weekly, by Jefferson Dodge and Steve Weishampel, February 14, 2013