CHAPTER 244

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GOVERNMENT - STATE

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HOUSE BILL 03-1335 [Digest]

BY REPRESENTATIVE(S) Fritz, Jahn, Spence, and Williams S.;

also SENATOR(S) Hagedorn.

AN ACT

Concerning the clarification that certain records of the office of preparedness, security, and fire safety in the department of public safety, in connection with the performance of its duties, are not available for inspection by the public.

Be it enacted by the General Assembly of the State of Colorado:

  SECTION 1.  24-72-204 (3) (a) (XVI) and (3) (a) (XVII), Colorado Revised Statutes, are amended to read:

  24-72-204.  Allowance or denial of inspection - grounds - procedure - appeal. (3) (a)  The custodian shall deny the right of inspection of the following records, unless otherwise provided by law; except that any of the following records, other than letters of reference concerning employment, licensing, or issuance of permits, shall be available to the person in interest under this subsection (3):

  (XVI)  Specialized details of security arrangements or investigations.

  (XVII)  Specialized details of security arrangements or investigations. Nothing in this subparagraph (XVII) shall prohibit the custodian from transferring such records to the office of preparedness, security, and fire safety in the department of public safety, the governing body of any city, county, or city and county, or any federal, state, or local law enforcement agency; except that the custodian shall not transfer any record received from a nongovernmental entity without the prior written consent of such entity unless such information is already publicly available. For purposes of this section, records received by or provided to the office of preparedness, security, and fire safety in the department of public safety from any source in connection with the performance of its duties and records received by any state agency or political subdivision of the state from or on behalf of the office of preparedness, security, and fire safety in connection with the performance of its duties shall constitute specialized details of security arrangements or investigations.

  SECTION 2.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.

Approved: May 2, 2003

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Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act.

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