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CORA Exemption Would Protect Colorado Wildlife and Sensitive Plant Species, Proponents Say

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  • Colorado Freedom of Information Coalition

    The Colorado Freedom of Information Coalition is a nonpartisan alliance of groups, news organizations and individuals dedicated to ensuring the transparency of state and local governments in Colorado by promoting freedom of the press, open courts and open access to government records and meetings.

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Restricting access to certain public records in Colorado will protect the state’s wildlife and sensitive plant species, some state lawmakers say.

That’s the aim of Senate Bill 22-169, which cleared the Senate Agriculture and Natural Resources Committee on a 6-1 vote Wednesday.

As introduced, the proposal from Sen. Kerry Donovan, D-Vail, and Rep. Perry Will, R-New Castle, would have changed the definition of “public records” in the Colorado Open Records Act (CORA) to exclude information in records that could reveal the location of “an individual animal, a group of animals, a sensitive plant species, or a sensitive species habitat.” That includes GPS collar data collected and analyzed by the state Division of Wildlife.

The committee amended the bill to give records custodians discretion under CORA to withhold data or information that could reveal the specific location of a plant species “identified as a Colorado plant of greatest conversation need” in the state’s wildlife action plan, an individual animal or group of animals, or an animal’s breeding or nesting habitat.

During a committee hearing last month, Donovan said she introduced SB 22-169 because CORA is being “weaponized” by some people to look for burrowing owl nests, bald eagles, bighorn sheep, sage grouse and sensitive plant species.  

“The message and intent of this bill is to not say to citizens of Colorado or guests of our state, ‘We don’t want you to enjoy or see our remarkable wildlife or visit our spectacular places.’ CORA is not the tool to facilitate that experience,” she said.