DENVER – The Legislature gave a reserved nod to a bill that would update the format in which open records requests are fulfilled.
Senate Bill 40, which would change the Colorado Open Records Act by requiring government entities to provide searchable digital versions of documents when such a format is requested, was heard by the Senate State, Veterans and Military Affairs Committee on Wednesday and passed on a 4-1 bipartisan vote.
The bill includes exceptions in cases when the governmental entity does not have the software to meet a request or when providing the documents in digital formats would violate open records laws by releasing information that should be redacted.
Senate Bill 40 sponsor Sen. John Kefalas, D-Fort Collins, said the measure is an opportunity to promote government transparency.
“We want to incentivize that kind of behavior,” Kefalas said. “There are local jurisdictions that are providing some of the information electronically, but then there are those custodians which make it more difficult and we’re trying to address that.”
Bipartisan support came with reservation because of an amendment that would make the state courts subject to open records requests.
The amendment, which passed on a 3-2 party-line vote with Democrats opposing, was introduced by Sen. Ray Scott, R-Grand Junction, and came as a surprise to Democrats on the committee and the sponsor of the bill
Sen. Lois Court, D-Denver, said she was a “yes” vote on Wednesday, but the amendment concerned her.
“I don’t know what others will think,” Court said.
Court said she has opposed making the judicial department subject to open records laws as it could lead to tracking of public defenders’ legal research and undermine their cases.
Opponents’ concerns centered around the potential for sensitive personal information to be passed along with digital records.
Richard Orf, a representative of the Associated Governments of Northwest Colorado, said his organization was concerned with the lack of expertise of some of the government employees that could lead to the release of Social Security numbers.
Doug Kemper, executive director of the Colorado Water Congress, said the measure might make it easier for terrorists to access blueprints.
But such data already are publicly accessible under current statute.
The bill does not expand documents covered by open records law, but it modifies how information should be provided, Kefalas said
Proponents included Colorado Secretary of State Wayne Williams and the Attorney General’s Office.
Williams said his office already offers digital documents upon request.
“It is an important step to opening up information that truly belongs, as President Lincoln said, to the people,” Williams said.
Megan Graham, spokeswoman for La Plata County, said the majority of its open-records requests are already for digital documents.
“We prefer to provide electronic records when we can because it is cheaper and easier for the citizens and us,” Graham said.
Todd Ellison, records manager for the city of Durango, said digitizing records makes processing and redacting information easier, but there is additional maintenance costs for such systems.
“The electronic world doesn’t stay stable. We have ledger books that have stayed stable since 1881 when people started writing in them, but technology isn’t like that,” Ellison said.
In addition to the cost of updating and maintaining computer infrastructure, it takes time it to scan and properly label and file documents, he said. But the end result is generally increased accessibility.
“It’s wonderful what the digitization can do for improving access by both the city staff and everybody around the world,” Ellison said.
lperkins@durangoherald.com
