A measure allowing Colorado government entities to take even longer to process public records requested by residents passed in a 26-7 vote in the Senate on Wednesday.

Currently, public entities must respond to Colorado Open Records Act requests within three business days and within seven for “extenuating circumstances.”

If approved, SB 77 will give records custodians five days to respond to CORA requests and 10 days under “extenuating circumstances.” News media would be exempt from the new rules, keeping current deadlines in place.

The Senate State, Veterans, & Military Affairs Committee voted, 4-1, last week to advance the bill. Sen. Byron Pelton, R-Sterling, was the lone vote against the measure, saying he disagrees with exempting media requests from the new rules.

Pelton and others took issue with the bill’s provision giving the media what some called “preferential treatment,” saying it is unfair that the legislation creates a two-tiered system, in which the news organizations would get public records faster than regular citizens.

During the Feb. 20 committee hearing, the bill also faced pushback from other critics, who said there is already little to no accountability for government entities that fail to comply with current CORA deadlines.

“That’s a significant barrier all by itself,” said Jeff Roberts, executive director of the Colorado Freedom of Information Coalition. “Which is why governments don’t need a reason to take longer to process CORA requests.”

Roberts raised particular concern about cost. He noted that citizens and reporters face charges of $41 an hour for public records requests, and some records requests can cost more than a house mortgage.

Linda Hutchinson of the Colorado League of Women Voters asked that if the bill moves forward, lawmakers could add an amendment that would decrease the costs of obtaining the records if custodians are allotted more time to fulfill public requests.

Several residents also spoke against the measure, telling legislators that the only way to hold elected officials like school boards accountable is through public records. Increasing the required time and asking them to higher fees only add more barriers and loopholes for records custodians to abuse, they said.

SB 77, now headed to the House for debate, is primarily sponsored by Sen. Cathy Kipp, D-Fort Collins. This is the second consecutive year Collins is pushing the measure after it died last year.

A similar measure failed last year because of concerns from disability advocates and the media. Critics of last year’s bill also took issue with citizens being labeled as “vexatious requestors.”

The “vexatious requestor” aspect has been completely removed from the 2025 measure.

SB 77, which is also sponsored by Sen. Jancie Rich, R-Grand Junction and Reps. Michael Carter, D-Aurora and Matt Soper, R-Delta, will require all government entities to post a clear public records policy.