HOUSE 3rd Reading Unamended February 8, 2005 HOUSE Amended 2nd Reading February 7, 2005First Regular Session Sixty-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 05-0334.01 Michele Hanigsberg HOUSE BILL 05-1041 HOUSE SPONSORSHIP Knoedler SENATE SPONSORSHIP Tupa House Committees Senate Committees Education A BILL FOR AN ACT Concerning the financial expenditures of a nonprofit entity organized for the benefit of a state institution of higher education. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Specifies that the financial records of a nonprofit entity that is organized for the benefit of one or more state institutions of higher education are public records for purposes of the open records act. Specifies that these financial records shall not include any names or other identifying information of the donors of the nonprofit entity. Requires each governing board to submit annually to the Colorado commission on higher education a comprehensive list of each donation received, monetary or in-kind, by the governing board's institutions from a nonprofit entity. Requires the department of higher education to forward the list to the governor and the joint budget committee with the department's annual budget submission. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 24-72-202 (2), Colorado Revised Statutes, is amended, and the said 24-72-202 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 24-72-202. Definitions. As used in this part 2, unless the context otherwise requires: (1.6) "Institutionally related foundation" means a nonprofit corporation, foundation, institute, or similar entity that is organized for the benefit of one or more institutions, that has a principal purpose of receiving or using private donations to be held or used for the benefit of an institution. An institutionally related foundation shall be deemed not to be a governmental body, agency, or other public body for any purpose. (2) "Official custodian" means and includes any officer or employee of the state, of any agency, institution, or political subdivision of the state, of any institutionally related foundation, or of any local government-financed entity, who is responsible for the maintenance, care, and keeping of public records, regardless of whether the records are in his or her actual personal custody and control. SECTION 2. 24-72-202 (6) (a), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read: 24-72-202. Definitions. As used in this part 2, unless the context otherwise requires: (6) (a) (IV) "Public records" means, for an institutionally related foundation, all writings relating to the requests for disbursement or expenditure of funds, the consideration of requests for disbursement or expenditure of funds, or the disbursement or expenditure of funds, by the institutionally related foundation. SECTION 3. 24-72-202 (6) (b), Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBPARAGRAPHS to read: 24-72-202. Definitions. As used in this part 2, unless the context otherwise requires: (6) (b) "Public records" does not include: (VI) For purposes of an institutionally related foundation, any documents, agreements, or other records or information other than the writings relating to the financial expenditure records specified in subparagraph (IV) of paragraph (a) of this subsection (6). (VII) For purposes of an institution or an institutionally related foundation: (A) The identity of, or records or information identifying or leading to the identification of, any donor or prospective donor to an institution or an institutionally related foundation; (B) The amount of any actual or prospective gift or donation from a donor or prospective donor to an institutionally related foundation; (C) Proprietary fundraising information of an institution or an institutionally related foundation; or (D) Agreements or other documents relating to gifts or donations or prospective gifts or donations to an institution or an institutionally related foundation from a donor or prospective donor. SECTION 4. 24-75-104 (3) (a), Colorado Revised Statutes, is amended to read: 24-75-104. Gifts and bequests to state institutions of higher education - effect. (3) (a) On January 30, 1997, and January 30 of each odd-numbered year thereafter, each state institution of higher education shall submit to the governor and general assembly a complete listing of all endowments, gifts, and bequests made to said state institution of higher education during the immediately preceding two state fiscal years year. SECTION 5. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.