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<br />assembly and identified by the member as being in
<br />connection with pending or proposed legislation or
<br />amendments thereto. However, the final product of any
<br />such research project shall become a public record
<br />unless the member specifically requests that it remain
<br />work product. In addition, if such a research project is
<br />requested by a member of the general assembly and the
<br />project is not identified as being in connection with
<br />pending or proposed legislation or amendments thereto,
<br />the fmal product shall become a public record.
<br />(c) "Work product" does not include:
<br />(I) Any final version of a document that
<br />expresses a final decision by an elected official;
<br />(II) Any final version of a fiscal or
<br />performance audit report or similar document the
<br />purpose of which is to investigate, track, or account for
<br />the operation or management of a public entity or the
<br />expenditure of public money, together with the fmal
<br />version of any supporting material attached to such fmal
<br />report or document;
<br />(III) Any final accounting or final financial
<br />record or report;
<br />(IV) Any materials that would otherwise
<br />constitute work product if such materials are produced
<br />and distributed to the members of a public body for their
<br />use or consideration in a public meeting or cited and
<br />identified in the text of the final version of a document
<br />that expresses a decision by an elected official.
<br />(d) (I) In addition, "work product" does not
<br />include any final version of a document prepared or
<br />assembled for an elected official that consists solely of
<br />factual information compiled from public sources. The
<br />final version of such a document shall be a public
<br />record. These documents include, but are not limited to:
<br />(A) Comparisons of existing laws, ordinances,
<br />rules, or regulations with the provisions of any bill,
<br />amendment, or proposed law, ordinance, rule, or
<br />regulation; comparisons of any bills, amendments, or
<br />proposed laws, ordinances, rules, or regulations with
<br />other bills, amendments, or proposed laws, ordinances,
<br />rules, or regulations; comparisons of different versions
<br />of bills, amendments, or proposed laws, ordinances,
<br />rules, or regulations; and comparisons of the laws,
<br />ordinances, rules, or regulations of the jurisdiction of
<br />the elected official with the laws, ordinances, rules, or
<br />regulations of other jurisdictions;
<br />(B) Compilations of existing public
<br />information, statistics, or data;
<br />(C) Compilations or explanations of general
<br />areas or bodies of law, ordinances, rules, or regulations,
<br />legislative history, or legislative policy.
<br />(II) This paragraph (d) shall not apply to
<br />documents prepared or assembled for members of the
<br />general assemb ly pursuant to paragraph (b) of this
<br />subsection (6.5).
<br />(7) "Writings" means and includes all books,
<br />papers, maps, photographs, cards, tapes, recordings, or
<br />other documentary materials, regardless of physical
<br />form or characteristics. "Writings" includes digitally
<br />
<br />stored data, including without limitation electronic mail
<br />messages, but does not include computer software.
<br />(8) For purposes of subsections (6) and (6.5)
<br />of this section and sections 24-72-203 (2) (b) and 24-6-
<br />402 (2) (d) (III), the members of the Colorado
<br />reapportionment commission shall be considered
<br />elected officials.
<br />
<br />24-72-203. Public records open to inspection. (1) (a)
<br />All public records shall be open for inspection by any
<br />person at reasonable times, except as provided in this
<br />part 2 or as otherwise provided by law, but the official
<br />custodian of any public records may make such rules
<br />with reference to the inspection of such records as are
<br />reasonably necessary for the protection of such records
<br />and the prevention of unnecessary interference with the
<br />regular discharge of the duties of the custodian or the
<br />custodian's office.
<br />(b) Where public records are kept only in
<br />miniaturized or digital form, whether on magnetic or
<br />optical disks, tapes, microfilm, microfiche, or otherwise,
<br />the official custodian shall:
<br />(I) Adopt a policy regarding the retention,
<br />archiving, and destruction of such records; and
<br />(II) Take such measures as are necessary to
<br />assist the public in locating any specific public records
<br />sought and to ensure public access to the public records
<br />without unreasonable delay or unreasonable cost. Such
<br />measures may include, without limitation, the
<br />availability of viewing stations for public records kept
<br />on microfiche; the provision of portable disk copies of
<br />computer files; or direct electronic access via on-line
<br />bulletin boards or other means.
<br />(2) (a) If the public records requested are not
<br />in the custody or control of the person to whom
<br />application is made, such person shall forthwith notify
<br />the applicant of this fact, in writing if requested by the
<br />applicant. In such notification, the person shall state in
<br />detail to the best of the person's knowledge and belief
<br />the reason for the absence of the records from the
<br />person's custody or control, the location of the records,
<br />and what person then has custody or control of the
<br />records.
<br />(b) If an official custodian has custody of
<br />correspondence sent by or received by an elected
<br />official, the official custodian shall consult with the
<br />elected official prior to allowing inspection of the
<br />correspondence for the purpose of determining whether
<br />the correspondence is a public record.
<br />(3) (a) If the public records requested are in
<br />the custody and control of the person to whom
<br />application is made but are in active use, in storage, or
<br />otherwise not readily available at the time an applicant
<br />asks to examine them, the custodian shall forthwith
<br />notify the applicant of this fact, in writing if requested
<br />by the applicant. If requested by the applicant, the
<br />custodian shall set a date and hour at which time the
<br />records will be available for inspection.
<br />(b) The date and hour set for the inspection of
<br />records not readily available at the time of the request
<br />
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