HB 12-1036 Summary

• Adds exemption to Colorado Open Records Act allowing state agencies to withhold records of ongoing civil or administrative investigations conducted to protect public health, welfare, or safety, except when investigations focus on agency personnel.

• Requires disclosure of all investigation records upon case closure when no further investigation or discipline is warranted, except agencies may redact witness and target names and personal/financial information.

• Prevents withholding of records already publicly disclosed, filed by regulated entities under statutory requirements, or received from other government entities that would be available from the original source.

• Establishes procedures for public ballot inspection with a 45-day pre-election through completion-of-recount stay period, protecting voter privacy while allowing interested parties to inspect ballots during recounts without court orders.

• Applies investigation exemption clarification to cases arising on or after August 19, 2011, and ballot inspection provisions to requests submitted after the effective date.