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Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.
NOTE:
26-0152.01 Owen Hatch x2698 SENATE BILL 26-084 SENATE SPONSORSHIP Weissman and Frizell, Coleman, Jodeh HOUSE SPONSORSHIP Willford, Carter, Marshall e n 6 m 0 E n , U U 2 O i h H a r Senate Committees House Committees R M Judiciary State, Civic, Military, & Veterans Affairs r g i 26 A BILL FOR AN ACT E a 2 S R 0 C ONCERNINGTHEPRESERVATIONOFPRIVILEGESFORCERTAINSTATE O d 2 H 2 r ENTITIESINCONNECTIONWITHINFORMATIONMADEAVAILABLE d a d M TO THE OFFICE OF THE STATE AUDITOR IN THE PERFORMANCE e m OF ITS STATUTORILY PRESCRIBED DUTIES RELATED TO THE A STATE 'S FRAUD HOTLINE .
This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.
d 6 Bill Summary e 0 m 2 T n 6 (Note:
To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.
This summary applies to this bill as introduced and does N g y E i a notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill S e r R e passes third reading in the house of introduction, a bill summary that r F applies to the reengrossed version of this bill will be available at 3 http://leg.colorado.gov/.) e Legislative Audit Committee.
SENATE BILL 26-084 BY SENATOR(S) Weissman and Frizell, Jodeh, Coleman;
The bill protects certain legal n 2 privileges for state entities related to disclosures to the state auditor, m 2 T n 5 A U 2 E i r Shading denotes HOUSE amendment.
also REPRESENTATIVE(S) Willford, Carter, Marshall .
Double underlining denotes SENATE amendment.
C ONCERNING THE PRESERVATION OF PRIVILEGES FOR CERTAIN STATE ENTITIES IN CONNECTION WITH INFORMATION MADE AVAILABLE TO THE OFFICE OF THE STATE AUDITOR IN THE PERFORMANCE OF ITS STATUTORILY PRESCRIBED DUTIES RELATED TO THE STATE 'S FRAUD HOTLINE.
S a r Capital letters or bold & italic numbers indicate new material to be added to existing law.R b Dashes through the words or numbers indicate deletions from existing law.
d F legislative audit committee, or governor for purposes of an investigation by the state auditor that is related to the state's fraud hotline.
In Colorado Revised Statutes, 2-3-107, add (2)(d) as follows:
In Colorado Revised Statutes, 2-3-107,add (2)(d) as follows:
(2) (d) THE DISCLOSURE OF INFORMATION OR MATERIALS ,AS DEFINED IN SECTION 2-3-110.5 (1),TO THE STATE AUDITOR , THE COMMITTEE OR ANY SUCCESSOR COMMITTEE ,OR THE GOVERNOR AFTER THECOMMITTEE SAPPROVALTOSENDTHERESULTSOFANINVESTIGATION TOTHEGOVERNORPURSUANTTOSECTION 2-3-110.5(3)(c)(IIDOESNOT , WAIVE AN OTHERWISE VALID CLAIM OF PRIVILEG,CONFIDENTIALITY, OR OTHER PROTECTION HELD BY THE ENTITY MAKING THE DISCLOSURE , INCLUDING CLAIMS OF ATTORNEY -CLIENT PRIVILEG, ATTORNEY WORK PRODUCTCONFIDENTIALITY ,COMMONINTERESTPRIVILEGE DELIBERATIVE PROCESS PRIVILEGE,AND ANY EXEMPTIONS FROM PUBLIC DISCLOSURE UNDER STATE OR FEDERAL AGENCY RULE .
(2) (d) T HE DISCLOSURE OF INFORMATION OR MATERIALS , AS DEFINEDINSECTION 2-3-110.5(1),TOTHESTATEAUDITOR ,THECOMMITTEE OR ANY SUCCESSOR COMMITTEE , OR THE GOVERNOR AFTER THE COMMITTEE 'S APPROVAL TO SEND THE RESULTS OF AN INVESTIGATION TO THE GOVERNOR PURSUANT TO SECTION 2-3-110.5 (3)(c)(IIIDOES NOT WAIVE AN OTHERWISE VALID CLAIM OF PRIVILEGE ,CONFIDENTIALITY , OR ________ Capital letters or bold & italic numbers indicate new material added to existing law;
SECTION 2.
dashes through words or numbers indicate deletions from existing law and such material is not part of the act.
In Colorado Revised Statutes, 2-3-110.5, add (1)(f.5) and (6) as follows:
OTHER PROTECTION HELD BY THE ENTITY MAKING THE DISCLOSURE , INCLUDING CLAIMS OF ATTORNEY -CLIENT PRIVILEGE, ATTORNEY WORK PRODUCT CONFIDENTIALITY ,COMMON INTEREST PRIVILEGE ,DELIBERATIVE PROCESSPRIVILEGE ,ANDANYEXEMPTIONSFROMPUBLICDISCLOSUREUNDER STATE OR FEDERAL AGENCY RULE .
SECTION2.
InColoradoRevisedStatutes,2-3-110.5,add(1)(f.5) and (6) as follows:
Fraud hotline - investigations - confidentiality - access to records - definitions.
Fraudhotline-investigations-confidentiality-access to records - definitions.
(f.5) "INFORMATION OR MATERIALS " INCLUDES ,BUT IS NOT LIMITEDTO ,ANYWRITINGPREPAREDORMAINTAINEDBYASTATEAGENCY ORVERBALRESPONSEPROVIDEDBYASTATEAGENCYREPRESENTATIVETO ANY QUESTION OR INQUIRY POSED BY THE STATE AUDITOR OR THE STATE AUDITOR S DESIGNEE THAT IS RELATED TO THE SCOPE OF AN -2- 084 INVESTIGATION.
(f.5) "IFORMATIONORMATERIALS "INCLUDES ,BUT ISNOTLIMITED TO, ANY WRITING PREPARED OR MAINTAINED BY A STATE AGENCY OR VERBALRESPONSEPROVIDEDBYASTATEAGENCYREPRESENTATIVETOANY QUESTION OR INQUIRY POSED BY THE STATE AUDITOR OR THE STATE AUDITOR 'SDESIGNEETHATISRELATEDTOTHESCOPEOFANINVESTIGATION .
(6) THE DISCLOSURE OF INFORMATION OR MATERIALS TO THE STATEAUDITOR ,THECOMMITTEEORANYSUCCESSORCOMMITTEE ORTHE GOVERNORAFTERTHE COMMITTEE SAPPROVALTOSENDTHE RESULTSOF THE INVESTIGATION TO THE GOVERNOR PURSUANT TO SUBSECTION (3)(c)(III) THIS SECTIO,DOES NOT, WAIVE AN OTHERWISE VALID CLAIM OF PRIVILEG,CONFIDENTIALITY,OR OTHER PROTECTION HELD BY THE ENTITY MAKING THE DISCLOSURE, INCLUDING CLAIMS OF ATTORNEY -CLIENT PRIVILEGE , ATTORNEY WORK PRODUCT CONFIDENTIALITY,COMMONINTERESTPRIVILEGE ,DELIBERATIVEPROCESS PRIVILEGE,ANDANYEXEMPTIONSFROMPUBLICDISCLOSUREUNDERSTATE OR FEDERAL AGENCY RULE .
(6) THEDISCLOSUREOFINFORMATIONORMATERIALSTOTHE STATE AUDITOR , THE COMMITTEE OR ANY SUCCESSOR COMMITTEE , OR THE GOVERNOR AFTER THE COMMITTEE S APPROVAL TO SEND THE RESULTS OF THEINVESTIGATIONTOTHEGOVERNORPURSUANTTOSUBSECTION (3)(c)(III) OF THIS SECTION , DOES NOT WAIVE AN OTHERWISE VALID CLAIM OF PRIVILEGE,CONFIDENTIALITY ,OR OTHER PROTECTION HELD BY THE ENTITY MAKING THE DISCLOSURE , INCLUDING CLAIMS OF ATTORNEY -CLIENT PRIVILEGE, ATTORNEY WORK PRODUCT CONFIDENTIALITY , COMMON INTEREST PRIVILEGE , DELIBERATIVE PROCESS PRIVILEGE , AND ANY EXEMPTIONSFROMPUBLICDISCLOSURE UNDERSTATE ORFEDERALAGENCY RULE .
on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly(August 12, 2026, if adjournment sine die is on May 13, 2026);
on the day following the expiration of the ninety-dayperiod after final adjournment of the general assembly(August 12, 2026, if adjournment sine die is on May 13, 2026);
except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
except that, if a referendumpetitionisfiledpursuanttosection1(3)ofarticleVofthestate constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approvedbythepeopleatthegeneralelectiontobeheldinNovember2026 PAGE 2-SENATE BILL 26-084 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
-3- 084
____________________________ ____________________________ James Rashad Coleman, Sr.
Julie McCluskie PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Esther van Mourik Vanessa Reilly SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.
Polis GOVERNOR OF THE STATE OF COLORADO PAGE 3-SENATE BILL 26-084
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