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Judiciary Committee unanimously advances bill clarifying auditor fraud‑hotline and attorney‑client privilege

Colorado Senate Judiciary Committee · February 11, 2026
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Summary

SB84 clarifies that the State Auditor's fraud‑hotline investigatory duties do not, by themselves, waive attorney‑client privilege; the committee voted unanimously to send the bill to the Committee of the Whole and placed it on the consent calendar.

Senate Bill 84, sponsored by Senator Weisman with cosponsor Senator Frizzell, addresses an operational tension raised by the State Auditor’s office when pursuing fraud‑hotline investigations and alleged evidentiary conflicts with attorney‑client privilege.

Sponsors said the bill simply clarifies that a law‑ful fraud‑hotline inquiry conducted by the State Auditor does not, by itself, constitute a waiver of attorney‑client privilege. Witnesses and the sponsor referenced recent court decisions and the statutory responsibilities of the Auditor and said the clarification will allow investigators to pursue credible fraud complaints without inadvertently creating privilege litigation and delays.

Committee members heard brief supporting testimony and recorded a unanimous vote to send SB84 to the Committee of the Whole. Chair and vice chair placed the bill on the consent calendar.

Next: SB84 will proceed on the consent calendar and the sponsors said they expect minimal controversy on the floor.