Jeffrey Roberts (Colorado Freedom of Information Coalition)- It’s been on the books since the state legislature adopted the Colorado Open Records Act nearly a half-century ago: Anyone who “willfully and knowingly” violates the statute is guilty of a misdemeanor and faces up to 90 days in jail and a $100 fine.
But on Aug. 9, when Senate Bill 17-040 goes into effect (barring a referendum petition against it), the criminal penalty in CORA will disappear. Lawmakers erased the provision in the same legislation that clarifies the public’s right to obtain copies of public records kept in digital formats.
Does that matter? The change leaves only one method – civil litigation – for enforcing CORA violations.
Click here to read the full story by the Colorado Freedom of Information Coalition.