Gov. Jared Polis has vetoed a bill that sought to amend the state’s public records laws, prompting lawmakers to consider an override in a rare move.
In his veto letter, Polis acknowledged that Senate Bill 77 included some positive changes to the Colorado Open Records Act, such as enhancing public information about the process and costs of records requests.
However, the governor pointed out two major issues with the bill. Firstly, it would have allowed government entities more time to respond to requests if they suspected the request was for financial gain, leaving the decision to officials. Secondly, the bill would have established two tiers within the public records law, prioritizing quicker responses for journalists while permitting delays for others.
While Polis acknowledged that improvements could be made to CORA, he expressed concerns about the broader implications of SB25-077 on transparency and the state’s open records system.
The bipartisan sponsors of the bill argued that it aimed to provide small governmental entities with more time to address CORA requests, which have increased in recent years. They also highlighted the importance of accommodating media requests, as journalists often submit specific requests that are easier to fulfill.
Despite the bill’s intentions, opposition arose from transparency advocates like the Colorado Freedom of Information Coalition and some Republicans who criticized the preferential treatment given to the media.
Following the veto, the bill’s sponsors are now seeking to override Polis’ decision, a process that requires support from two-thirds of both the House and Senate. While overrides are rare, the sponsors believe they have enough backing to surpass the threshold.
However, the vote is expected to be close, with Polis and his team likely lobbying against an override. Lawmakers are mindful of the optics surrounding government transparency, especially as other bills await the governor’s approval.
Polis’ rejection of SB-77 aligns with his previous statements about safeguarding public access to records. The Colorado Freedom of Information Coalition commended the governor’s defense of CORA’s existing timelines and urged legislators to reconsider the implications of the bill.
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