SENATE BILL 23-202
BY SENATOR(S) Danielson and Jaquez Lewis, Buckner, Coleman, Cutter,
Exum, Fields, Ginal, Gonzales, Hansen, Hinrichsen, Kolker, Marchman,
Moreno, Mullica, Priola, Roberts, Rodriguez, Sullivan, Will, Winter F.;
also REPRESENTATIVE(S) McLachlan and Velasco, Amabile, Bacon,
Bird, Boesenecker, Brown, deGruy Kennedy, Dickson, Duran, English,
Epps, Froelich, Garcia, Gonzales-Gutierrez, Hamrick, Herod, Jodeh,
Joseph, Kipp, Lieder, Lindsay, Lindstedt, Lukens, Lynch, Mabrey,
Marshall, Martinez, Michaelson Jenet, Ortiz, Ricks, Sharbini, Sirota,
Snyder, Story, Titone, Valdez, Vigil, Weinberg, Weissman, Willford,
Woodrow, Young, McCluskie.
C
ONCERNING THE WEARING OF TRADITIONAL NATIVE AMERICAN REGALIA
AT GRADUATION CEREMONIES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 22-1-142 as
follows:
22-1-142. Tribal regalia at school graduation ceremonies -
definitions. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. 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.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (a) "GRADUATION ATTIRE" MEANS ATTIRE THAT A SCHOOL OR
SCHOOL DISTRICT REQUIRES A STUDENT TO WEAR AS PART OF THE DRESS
CODE FOR A GRADUATION CEREMONY
.
(b) "Q
UALIFYING STUDENT" MEANS A STUDENT THAT IS A
DESCENDANT OF PEOPLE WHO WERE LIVING IN
NORTH AMERICA PRIOR TO
THE TIME PEOPLE FROM
EUROPE BEGAN SETTLING IN NORTH AMERICA, IS AN
ENROLLED MEMBER OF A FEDERALLY RECOGNIZED OR STATE
-RECOGNIZED
INDIAN TRIBE, OR IS A LINEAL DESCENDANT OF A TRIBALLY ENROLLED
PARENT OR GRANDPARENT
.
(c) "T
RIBAL REGALIA" MEANS A TRIBE'S TRADITIONAL DRESS OR
RECOGNIZED OBJECTS OF RELIGIOUS OR CULTURAL SIGNIFICANCE AND
INCLUDES THE FOLLOWING ITEMS OF CULTURAL SIGNIFICANCE
:
(I) T
RIBAL SYMBOLS;
(II) B
EADS; AND
(III) FEATHERS, IN LINE WITH THE "MIGRATORY BIRD TREATY ACT
OF
1918".
(d) "T
RIBE" MEANS A TRIBE, BAND, NATION, OR ALASKAN NATIVE
VILLAGE THAT IS RECOGNIZED BY FEDERAL LAW OR THAT A STATE
FORMALLY ACKNOWLEDGES
.
(2) A
QUALIFYING STUDENT MAY WEAR TRIBAL REGALIA DURING A
GRADUATION CEREMONY
; EXCEPT THAT A QUALIFYING STUDENT WHO IS NOT
AN ENROLLED MEMBER OF A TRIBE SHALL NOT WEAR EAGLE FEATHERS
.
W
EARING TRIBAL REGALIA INCLUDES DECORATING GRADUATION ATTIRE
WITH TRIBAL REGALIA
; EXCEPT THAT A QUALIFYING STUDENT WHO IS NOT AN
ENROLLED MEMBER OF A TRIBE SHALL NOT DECORATE WITH EAGLE
FEATHERS
.
(3) (a) A
N IMMEDIATE FAMILY MEMBER OF A QUALIFYING STUDENT
MAY WEAR AND DISPLAY TRIBAL REGALIA DURING THE QUALIFYING
STUDENT
'S GRADUATION CEREMONY IF THE IMMEDIATE FAMILY MEMBER IS :
(I) A
N ENROLLED MEMBER OF A TRIBE;
PAGE 2-SENATE BILL 23-202 (II) ELIGIBLE TO BE ENROLLED AS A MEMBER OF A TRIBE ; OR
(III) A LINEAL DESCENDANT OF A TRIBALLY ENROLLED PARENT OR
GRANDPARENT
.
(b) N
OTWITHSTANDING SUBSECTION (3)(a) OF THIS SECTION, AN
IMMEDIATE FAMILY MEMBER WHO IS NOT AN ENROLLED MEMBER OF A TRIBE
SHALL NOT WEAR EAGLE FEATHERS
.
(4) A
SCHOOL OR SC HOOL DISTRICT SHALL NOT PROHIBIT A
QUALIFYING STUDENT OR THE QUALIFYING STUDENT
'S IMMEDIATE FAMILY
FROM WEARING AND DISPLAYING TRIBAL REGALIA AT A GRADUATION
CEREMONY
.
(5) T
HIS SECTION APPLIES TO ALL PUBLIC SCHOOL GRADUATIONS ,
INCLUDING, BUT NOT LIMITED TO, KINDERGARTEN, MIDDLE SCHOOL, JUNIOR
HIGH SCHOOL
, AND HIGH SCHOOL GRADUATIONS .
SECTION 2. In Colorado Revised Statutes, add 23-1-137.5 as
follows:
23-1-137.5. Tribal regalia at college graduation ceremonies -
definitions. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a) "G
RADUATION ATTIRE" MEANS ATTIRE THAT A PUBLIC
INSTITUTION OF HIGHER EDUCATION REQUIRES A STUDENT TO WEAR AS PART
OF THE DRESS CODE FOR A GRADUATION CEREMONY
.
(b) "P
UBLIC INSTITUTION OF HIGHER EDUCATION " MEANS A PUBLIC
COLLEGE
, UNIVERSITY, COMMUNITY COLLEGE, AREA TECHNICAL COLLEGE,
EDUCATIONAL CENTER, LOCAL DISTRICT COLLEGE, OR JUNIOR COLLEGE THAT
IS SUPPORTED IN WHOLE OR IN PART BY GENERAL FUND MONEY
.
(c) "Q
UALIFYING STUDENT" MEANS A STUDENT THAT IS A
DESCENDANT OF PEOPLE WHO WERE LIVING IN
NORTH AMERICA PRIOR TO
THE TIME PEOPLE FROM
EUROPE BEGAN SETTLING IN NORTH AMERICA, IS AN
ENROLLED MEMBER OF A FEDERALLY RECOGNIZED OR STATE
- RECOGNIZED
INDIAN TRIBE, OR IS A LINEAL DESCENDANT OF A TRIBALLY ENROLLED
PARENT OR GRANDPARENT
.
PAGE 3-SENATE BILL 23-202 (d) "TRIBAL REGALIA" MEANS A TRIBE'S TRADITIONAL DRESS OR
RECOGNIZED OBJECTS OF RELIGIOUS OR CULTURAL SIGNIFICANCE AND
INCLUDES THE FOLLOWING ITEMS OF CULTURAL SIGNIFICANCE
:
(I) T
RIBAL SYMBOLS;
(II) B
EADS; AND
(III) FEATHERS, IN LINE WITH THE "MIGRATORY BIRD TREATY ACT
OF
1918".
(e) "T
RIBE" MEANS A TRIBE, BAND, NATION, OR ALASKAN NATIVE
VILLAGE THAT IS RECOGNIZED BY FEDERAL LAW OR THAT A STATE
FORMALLY ACKNOWLEDGES
.
(2) A
QUALIFYING STUDENT MAY WEAR AND DISPLAY TRIBAL
REGALIA DURING A GRADUATION CEREMONY
; EXCEPT THAT A QUALIFYING
STUDENT WHO IS NOT AN ENROLLED MEMBER OF A TRIBE SHALL NOT WEAR
EAGLE FEATHERS
. WEARING TRIBAL REGALIA INCLUDES DECORATING
GRADUATION ATTIRE WITH TRIBAL REGALIA
; EXCEPT THAT A QUALIFYING
STUDENT WHO IS NOT AN ENROLLED MEMBER OF A TRIBE SHALL NOT
DECORATE WITH EAGLE FEATHERS
.
(3) (a) A
N IMMEDIATE FAMILY MEMBER OF A QUALIFYING STUDENT
MAY WEAR AND DISPLAY TRIBAL REGALIA DURING THE QUALIFYING
STUDENT
'S GRADUATION CEREMONY IF THE IMMEDIATE FAMILY MEMBER IS :
(I) A
N ENROLLED MEMBER OF A TRIBE;
(II) E
LIGIBLE TO BE ENROLLED AS A MEMBER OF A TRIBE ; OR
(III) A LINEAL DESCENDANT OF A TRIBALLY ENROLLED PARENT OR
GRANDPARENT
.
(b) N
OTWITHSTANDING SUBSECTION (3)(a) OF THIS SECTION, AN
IMMEDIATE FAMILY MEMBER WHO IS NOT AN ENROLLED MEMBER OF A TRIBE
SHALL NOT WEAR EAGLE FEATHERS
.
(4) A
PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL NOT
PROHIBIT A QUALIFYING STUDENT OR IMMEDIATE FAMILY MEMBER OF THE
PAGE 4-SENATE BILL 23-202 QUALIFYING STUDENT FROM WEARING AND DISPLAYING TRIBAL REGALIA AT
A GRADUATION CEREMONY
.
SECTION 3. In Colorado Revised Statutes, add 26.5-1-114 as
follows:
26.5-1-114. Tribal regalia at preschool graduation ceremonies
- definitions. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a) "G
RADUATION ATTIRE" MEANS ATTIRE THAT A PRESCHOOL
REQUIRES A STUDENT TO WEAR AS PART OF THE DRESS CODE FOR A
GRADUATION CEREMONY
.
(b) "Q
UALIFYING STUDENT" MEANS A STUDENT THAT IS A
DESCENDANT OF PEOPLE WHO WERE LIVING IN
NORTH AMERICA PRIOR TO
THE TIME PEOPLE FROM
EUROPE BEGAN SETTLING IN NORTH AMERICA, IS AN
ENROLLED MEMBER OF A FEDERALLY RECOGNIZED OR STATE
-RECOGNIZED
INDIAN TRIBE, OR IS A LINEAL DESCENDANT OF A TRIBALLY ENROLLED
PARENT OR GRANDPARENT
.
(c) "T
RIBAL REGALIA" MEANS A TRIBE'S TRADITIONAL DRESS OR
RECOGNIZED OBJECTS OF RELIGIOUS OR CULTURAL SIGNIFICANCE AND
INCLUDES THE FOLLOWING ITEMS OF CULTURAL SIGNIFICANCE
:
(I) T
RIBAL SYMBOLS;
(II) B
EADS; AND
(III) FEATHERS, IN LINE WITH THE "MIGRATORY BIRD TREATY ACT
OF
1918".
(d) "T
RIBE" MEANS A TRIBE, BAND, NATION, OR ALASKAN NATIVE
VILLAGE THAT IS RECOGNIZED BY FEDERAL LAW OR THAT A STATE
FORMALLY ACKNOWLEDGES
.
(2) A
QUALIFYING STUDENT MAY WEAR TRIBAL REGALIA DURING A
GRADUATION CEREMONY
; EXCEPT THAT A QUALIFYING STUDENT WHO IS NOT
AN ENROLLED MEMBER OF A TRIBE SHALL NOT WEAR EAGLE FEATHERS
.
W
EARING TRIBAL REGALIA INCLUDES DECORATING GRADUATION ATTIRE
PAGE 5-SENATE BILL 23-202 WITH TRIBAL REGALIA; EXCEPT THAT A QUALIFYING STUDENT WHO IS NOT AN
ENROLLED MEMBER OF A TRIBE SHALL NOT DECORATE WITH EAGLE
FEATHERS
.
(3) (a) A
N IMMEDIATE FAMILY MEMBER OF A QUALIFYING STUDENT
MAY WEAR AND DISPLAY TRIBAL REGALIA DURING THE QUALIFYING
STUDENT
'S GRADUATION CEREMONY IF THE IMMEDIATE FAMILY MEMBER IS :
(I) A
N ENROLLED MEMBER OF A TRIBE;
(II) E
LIGIBLE TO BE ENROLLED AS A MEMBER OF A TRIBE ; OR
(III) A LINEAL DESCENDANT OF A TRIBALLY ENROLLED PARENT OR
GRANDPARENT
.
(b) N
OTWITHSTANDING SUBSECTION (3)(a) OF THIS SECTION, AN
IMMEDIATE FAMILY MEMBER WHO IS NOT AN ENROLLED MEMBER OF A TRIBE
SHALL NOT WEAR EAGLE FEATHERS
.
(4) A
PRESCHOOL SHALL NOT PROHIBIT A QUALIFYING STUDENT OR
THE QUALIFYING STUDENT
'S IMMEDIATE FAMILY FROM WEARING AND
DISPLAYING TRIBAL REGALIA AT A GRADUATION CEREMONY
.
(5) T
HIS SECTION APPLIES TO ALL PRESCHOOL GRADUATIONS .
SECTION 4. Safety clause. The general assembly hereby finds,
PAGE 6-SENATE BILL 23-202 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
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 7-SENATE BILL 23-202