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Senate gives up on overriding Polis veto of open records restrictions

DENVER — The Democrat-dominated Colorado Senate on Friday abandoned an effort to override a veto by Governor Jared Polis, laying over Senate Bill 25-077, a measure giving preferential treatment to journalists when it came to the length of time it took to fill open records requests.  The layover was for after session ends, effectively keeping in place the governor’s veto.

The bill drew criticism from dozens of media outlets, non-profit organizations, and private citizens who manage their own government watchdog sites.  Sponsored by Sen. Cathy Kipp, D-Fort Collins, the bill would have given state and local government entities more time to fill Colorado Open Records Act (CORA) requests, from the current three working days law to five, as well as extending the time for “extenuating circumstances” to 10 days from the current seven.

It also allowed government entities to treat multiple requests by the same person within a 14-day period as one request if the request contained content that was similar. That would have resulted in reducing the amount of free research to just one hour rather than one hour per request.

Most disturbing to those who opposed to the bill, however, was a clause that exempted government-approved news media from the new response times, defined in Colorado law as: “any publisher of a newspaper or periodical; wire service; radio or television station or network; news or feature syndicate; or cable television system” and “any member of the mass media and any employee or independent contractor of a member of the mass media who is engaged to gather, receive, observe, process, prepare, write, or edit news information for dissemination to the public through the mass media,” respectively.

However, the determination of who fits that criterion would have been left to the government entities receiving the records requests.

There was no discussion on the Senate floor as to why the override attempt was abandoned, but sources close to the issue say the sponsors lost previous supporters of the bill and did not have the votes to override the governor, despite strong bipartisan support initially.

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