As used in this part 2, unless the context otherwise requires:
(1.1) "Custodian" means and includes the official custodian or any authorized person having personal custody and control of the public records in question.
(1.2) "Electronic mail" means an electronic message that is transmitted between two or more computers or electronic terminals, whether or not the message is converted to hard copy format after receipt and whether or not the message is viewed upon transmission or stored for later retrieval. "Electronic mail" includes electronic messages that are transmitted through a local, regional, or global computer network.
(1.3) "Executive position" means any nonelective employment position with a state agency, institution, or political subdivision, except employment positions in the state personnel system or employment positions in a classified system or civil service system of an institution or political subdivision.
(1.5) "Institution" includes but is not limited to every state institution of higher education, whether established by the state constitution or by law, and every governing board thereof. In particular, the term includes the university of Colorado, the regents thereof, and any other state institution of higher education or governing board referred to by the provisions of section 5 of article VIII of the state constitution.
(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 and that has as its principal purpose 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.
(1.7) "Institutionally related health-care foundation" means a nonprofit corporation, foundation, institute, or similar entity that is organized for the benefit of one or more institutions and that has as its principal purpose receiving or using private donations to be held or used for medical or health-care-related programs or services at an institution. An institutionally related health-care foundation shall be deemed not to be a governmental body, agency, or other public body for any purpose.
(1.8) "Institutionally related real estate foundation" means a nonprofit corporation, foundation, institute, or similar entity that is organized for the benefit of one or more institutions and that has as its principal purpose receiving or using private donations to be held or used for the acquisition, development, financing, leasing, or disposition of real property for the benefit of an institution. An institutionally related real estate foundation shall be deemed not to be a governmental body, agency, or other public body for any purpose.
(1.9) "Local government-financed entity" shall have the same meaning as provided in section 29-1-901 (1), C.R.S.
(4.5) "Personnel files" means and includes home addresses, telephone numbers, financial information, a disclosure of an intimate relationship filed in accordance with the policies of the general assembly, other information maintained because of the employer-employee relationship, and other documents specifically exempt from disclosure under this part 2 or any other provision of law. "Personnel files" does not include applications of past or current employees, employment agreements, any amount paid or benefit provided incident to termination of employment, performance ratings, final sabbatical reports required under section 23-5-123, or any compensation, including expense allowances and benefits, paid to employees by the state, its agencies, institutions, or political subdivisions.
Source: L. 68: p. 201, § 2. C.R.S. 1963: § 113-2-2. L. 77: (6) amended, p. 1250, § 2, effective December 31. L. 85: (1.5) added, p. 867, § 1, effective June 6. L. 90: (3) amended, p. 449, § 21, effective April 18. L. 91: (5) amended, p. 726, § 3, effective April 20. L. 92: (4.5) added and (7) amended, p. 1103, § 2, effective July 1. L. 94: (1.3) added, p. 936, § 1, effective April 28; (4.5) amended, p. 832, § 2, effective April 28. L. 96: (1.7) added and (2) and (6) amended, p. 141, § 2, effective April 8; (1), (6), and (7) amended and (1.1), (1.2), and (6.5) added, p. 1480, § 4, effective June 1. L. 97: (6)(b)(II) and (6.5)(b) amended and (6.5)(d) added, p. 1104, §§ 2, 3, effective August 6. L. 98: (6)(b)(III) added, p. 213, § 3, effective August 5. L. 99: (6.5)(c)(IV) amended, p. 205, § 2, effective March 31. L. 2000: (6)(b)(III) amended, p. 223, § 4, effective March 29; (6)(b)(IV) added, p. 243, § 8, effective March 29; (6)(a)(I) amended, p. 415, § 6, effective April 13; (6)(b)(V) added, p. 1736, § 4, effective June 1. L. 2001: (8) added, p. 1075, § 4, effective August 8. L. 2002: (3) amended, p. 643, § 2, effective May 24; (5) amended, p. 402, § 3, effective August 7. L. 2004: (6)(b)(III) amended, p. 575, § 33, effective July 1. L. 2005: (1.6), (1.8), (1.9), (6)(a)(IV), (6)(b)(VI), (6)(b)(VII), (6)(b)(VIII), and (6)(b)(IX) added and (2) amended, pp. 530, 531, §§ 1, 2, 3, effective May 24; (5) amended, p. 1068, § 15, effective January 1, 2006. L. 2006: (1.7), (1.8), and (1.9) amended, p. 1503, § 43, effective June 1; (6)(b)(X), (6)(b)(XI), and (6)(b)(XII) added, p. 1719, § 2, effective June 6. L. 2007: (6)(b)(X), (6)(b)(XI), and (6)(b)(XII) amended, p. 917, § 16, effective May 17. L. 2009: (6)(a)(II)(C) and (6.5)(b) amended, (HB 09-1348), ch. 358, p. 1864, § 3, effective June 1. L. 2010: (6)(b)(XI) and (6)(b)(XII) amended and (6)(b)(XIII) added, (HB 10-1284), ch. 355, p. 1687, § 13, effective July 1. L. 2011: (6)(b)(X) amended, (SB 11-062), ch. 128, p. 435, § 18, effective April 22; (6)(b)(XIII) amended, (HB 11-1043), ch. 266, p. 1211, § 18, effective July 1. L. 2015: (6)(b)(III)(B) amended, (HB 15-1359), ch. 269, p. 1055, § 15, effective June 3. L. 2019: (4.5) amended, (SB 19-244), ch. 243, p. 2377, § 4, effective May 20. L. 2020: (6)(b)(XIV) added, (HB 20-1153), ch. 109, p. 440, § 5, effective June 16; (8) amended, (SB 20-186), ch. 272, p. 1329, § 16, effective July 11. L. 2021: (6)(b)(XV) added, (HB 21-1109), ch. 489, p. 3526, § 3, effective July 7.
Editor's note: (1) Amendments to subsection (6) by House Bill 96-1029 and Senate Bill 96-212 were harmonized.
(2) Section 11 of chapter 489 (HB 21-1109), Session Laws of Colorado 2021, provides that the act changing this section applies to applications filed on or after July 7, 2021.
Cross references: (1) For the legislative declaration contained in the 1996 act amending subsections (1), (6), and (7) and enacting subsections (1.1), (1.2), and (6.5), see section 1 of chapter 271, Session Laws of Colorado 1996.
(2) For the legislative declaration contained in the 2002 act amending subsection (3), see section 1 of chapter 187, Session Laws of Colorado 2002.
(3) For the legislative declaration contained in the 2005 act amending subsection (5), see section 1 of chapter 269, Session Laws of Colorado 2005.
(4) For the legislative declaration in HB 20-1153, see section 1 of chapter 109, Session Laws of Colorado 2020.
Structure Colorado Code