SB17-040 Summary

• Requires government custodians to provide public records in searchable or sortable digital formats when records are stored digitally, based on the format capabilities of the original record.

• Exempts custodians from format conversion requirements if producing the requested format would violate copyright agreements, release proprietary information, or if conversion is not technologically or practically feasible without purchasing new software.

• Expands the definition of records that can be withheld to include detailed information about physical and cyber assets of critical infrastructure, including engineering details, vulnerability assessments, and system operational data that could aid attacks.

• Allows custodians to deny format requests and issue a written declaration of reasons; if a court later rules the denial was improper, attorney fees may only be awarded if the custodian's action was arbitrary or capricious.

• Repeals the criminal penalties provision (misdemeanor charge with fines and jail time) for willfully violating public records laws; disputes now resolved through civil court proceedings only.