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<br />" <br /> <br />,v <br /> <br />A Sludv 01 GIS 10, the Colorado OeDartmenl 01 Natural Resources <br /> <br />October 9. t 992 <br /> <br />systems first, allow broader community access to this versatile resource when convenient, <br />and place user fees on such access that will allow the DNR custodians to afford the exercise <br />of granting broad corrunen:ialllCCtSs <br /> <br />One of the principal reasons driving the creation of this repon is that, with the passage of <br />House Bill 92-1195 by the Colorado General Assembly, Colorado has joined a debate <br />which is currently ongoing at the local state and national level across the country. This <br />debate concerns the status of digitized public information generally, and geographic <br />infonnation system contents specifically. in the context of public or open records law. This <br />report IqJ1'eSCDts an optional task that was proposed by PlanGraphics and accepted by the <br />Department of Natural Resources in the wake of the passage of House Bill 92-1195. The <br />ultimate goal is that this repon will not only be used by the DNR but may be referred to by <br />other divisions of the state to shape policy regarding the creation and maintenance of the <br />valuable resource that statewide. publicly maintained digital information represents. <br />Therefore, while this repon has been written for DNR and makes reference to DNR <br />activities, the issues presented are applicable to any division of state. <br /> <br />l"- <br />~ <br />'llrl <br />... <br /> <br />Emerging information technology is evolving at a rate many times faster than the law <br />designed to deal with public information access. This is creating a huge gray area into <br />which Colorado and'13 other states have stepped by the proposal or passage of <br />amendments to existing laws or the creation of new laws which address this law- <br />technology gap in some fashion. Some of these new laws and amendments are longsighted <br />and carefully thought out, others are simply knee jerk, political reactions to events of the <br />moment. Which or-these different new incamations of public access law, if any, will be <br />effective in adapting to the changing technological world remains to be seen. All tbat can <br />be done at this point, is to target the areas of concern for any given jurisdiction or agency _. <br />and suggest ways to mold policy to avoid any of the pitfalls that are currently visible or that <br />might appear in the future. <br /> <br />COLORADO PUBLIC (OPEN) RECORDS LAW <br /> <br />Generally <br /> <br />The first issue to be discussed in any review of the legal setting impacting public sector <br />GIS is the issue of public access 10 information held by the government Public records <br />access laws have been on the books in other states for many years. The access ponion of <br />Colorado's Public Records law was created in the 1960's, at about the same time that the <br />federal Freedom of Information Act was passed by the U.S. Congress. At this time, <br />Colorado passed "Part 2, Inspection, Copying, or Photographing" (CRS 24-72-201 et <br />seq), of the Colorado Public Records law, which has the following legislative declaration <br />of purpose: <br /> <br />431.7 <br /> <br />PlanG'aphics, Inc. <br /> <br />2 <br />