Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 24-0434.01 Nicole Myers x4326 HOUSE BILL 24-1442 House Committees Senate Committees State, Civic, Military, & Veterans Affairs Appropriations A BILL FOR AN ACT C ONCERNING MODIFICATIONS TO TH E CAPITOL BUILDING ADVISORY101 COMMITTEE.102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The capitol building advisory committee (committee) advises the general assembly regarding the protection of the historic character of the capitol building and other buildings in the capitol annex. The bill modifies the statute that creates and specifies the duties of the committee as follows: ! Clarifies that it is the general assembly's intent that the HOUSE 3rd Reading Unamended April 29, 2024 HOUSE 2nd Reading Unamended April 26, 2024 HOUSE SPONSORSHIP Lindstedt, Clifford, Duran, Froelich, Hamrick, Lieder, Lindsay, Lukens, Mauro, Ortiz SENATE SPONSORSHIP Fenberg, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. committee will advise the general assembly regarding the protection of the capitol building's historic character, including its art, memorials, furniture, and architectural fixtures; ! Clarifies that the ex officio members of the committee are voting members of the committee in accordance with current practice; ! Adds the capitol building annex to the list of buildings for which the committee is required to review, advise, and make recommendations to the capital development committee regarding plans to restore, redecorate, and reconstruct historic elements of the building; ! Specifies the buildings and areas within the capitol complex for which the committee may engage in long-range planning for modifications and improvements; ! Requires the committee to determine, based on consultation with and the recommendations of history Colorado, which art, memorials, architectural fixtures, and furniture that is original to the state capitol building is part of the state's collection of historic materials known as the Colorado collection (Colorado collection); and ! Clarifies that the committee has authority over publications on the history of the state capitol building and that the committee may authorize other state capitol building memorabilia for sale to the public. In addition, history Colorado, at the direction and under the supervision of the committee, is required to inventory all art, memorials, architectural fixtures, and furniture that is original to the state capitol building and make recommendations to the capitol building advisory committee regarding which items are appropriate for inclusion in the Colorado collection. The bill specifies that history Colorado holds in trust for the people of Colorado any items original to the capitol building that are part of the Colorado collection, but that the advisory committee retains authority over the collection on behalf of the general assembly and in accordance with the policies and requirements of the state register of historic properties. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 24-82-108, amend2 (1), (2)(a)(I) introductory portion, (2)(a)(I)(D), (2)(d), (2)(e), (3), and (4);3 and add (3.5) as follows:4 1442-2- 24-82-108. State capitol building advisory committee -1 creation - duties - legislative declaration - repeal. (1) Legislative2 declaration. T HE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES3 THAT:4 (a) It is the intent of the general assembly to ensure that the5 historic character and architectural integrity of the capitol building and6 grounds be preserved and promoted;7 (b) Because The rose onyx, marble, granite, gold, oak woodwork,8 and brass fixtures and trim are deemed to be historic, AND it is the intent9 of the general assembly to provide for SPECIFY special procedures to be10 followed in any project affecting such items;11 (c) In order To ensure that structural changes and innovations do12 not injure or dramatically change the state capitol building or the historic13 items contained within the building or other areas set forth in paragraph14 (a) of subsection (3) of this section, there is hereby created AS SPECIFIED15 IN THIS SECTION, IT IS NECESSARY TO CREATE the state capitol building16 advisory committee which shall review plans to restore, redecorate, or17 reconstruct space within the state capitol building and make18 recommendations to the capital development committee based on such19 plans. TO ADVISE THE GENERAL ASSEMBLY REGARDING THE PROTECTION20 OF THE CAPITOL BUILDING'S HISTORIC CHARACTER, INCLUDING ITS ART,21 MEMORIALS, FURNITURE, AND ARCHITECTURAL FIXTURES; AND22 (d) I T IS ALSO NECESSARY FOR THE CAPITOL BUILDING ADVISORY23 COMMITTEE TO REVIEW, ADVISE, AND MAKE RECOMMENDATIONS TO THE24 GENERAL ASSEMBLY REGARDING PLANS TO RESTORE , REDECORATE, AND25 RECONSTRUCT HISTORIC AREAS WITHIN SPECIFIED BUILDINGS AND26 GROUNDS IN THE CAPITOL BUILDING ANNEX .27 1442 -3- (2) State capitol building advisory committee creation.1 (a) (I) T HE STATE CAPITOL BUILDING ADVISORY COMMITTEE , REFERRED2 TO IN THIS SECTION AS THE ADVISORY COMMITTEE , IS HEREBY CREATED.3 The state capitol building advisory committee consists of the following4 twelve members:5 (D) The following ex officio members WHO ARE VOTING MEMBERS6 OF THE ADVISORY COMMITTEE: The president of the state historical society7 or a designee of the president; and the executive director of the8 department of personnel or a designee of the executive director.9 (d) At the annual meeting, the advisory committee members shall10 elect a chairman CHAIR from among its members to serve as chairman11 CHAIR for one year of such member's term.12 (e) All members of the advisory committee shall be ARE13 volunteers and shall serve without per diem except as otherwise provided14 in section 2-2-326; C.R.S. except that members of the advisory committee15 shall MUST be reimbursed for necessary and actual expenses incurred in16 the performance of their duties.17 (3) Duties of the advisory committee. The advisory committee18 shall have HAS the following duties SPECIFIED IN SUBSECTIONS (3)(a)19 THROUGH (3)(i) OF THIS SECTION.20 (a) Plans to restore, redecorate, and reconstruct space in21 specified buildings and grounds. (I) The advisory committee shall22 review, advise, and make recommendations to the capital development23 committee with respect to REGARDING plans to restore, redecorate, and24 reconstruct space within the public and ceremonial areas of the state25 capitol buildings group BUILDING, THE HISTORIC ELEMENTS OF THE26 INTERIOR AND EXTERIOR OF THE CAPITOL BUILDING ANNEX AND THE27 1442 -4- SURROUNDING GROUNDS OF THE CAPITOL BUILDING ANNEX , the legislative1 services building and the surrounding grounds of such building, and the2 surrounding grounds of the state capitol building bounded by Colfax3 avenue on the north, Grant street on the east, Fourteenth avenue on the4 south, and Broadway on the west, in the city and county of Denver. This5 shall include but not be INCLUDES BUT IS NOT limited to the corridors,6 rotundas, lobbies, entrance ways, stairways, restrooms, porticos, steps,7 and elevators.8 (II) The committee shall not have responsibility IS NOT9 RESPONSIBLE for reviewing, advising, or making recommendations10 concerning the outer office of the executive suite and the areas used for11 office space, legislative chambers, and legislative committee meeting12 rooms, except as to structural modifications affecting the rose onyx,13 marble, granite, gold, oak woodwork, or brass fixtures and trim as14 provided for in paragraph (b) of this subsection (3) SPECIFIED IN15 SUBSECTION (3)(b) OF THIS SECTION.16 (b) Projects affecting capitol building rose onyx, marble,17 granite, gold, oak woodwork, and brass fixtures and trim. (I) The18 advisory committee shall review all planned construction projects19 affecting the rose onyx, marble, granite, gold, oak woodwork, and brass20 fixtures and trim of the state capitol building, and shall submit a written21 report to the capital development committee containing the advisory22 committee's findings. No such project affecting AN AGENCY OR23 DEPARTMENT SHALL NOT BEGIN A PROJECT THAT AFFECTS the rose onyx,24 marble, granite, gold, oak woodwork, and brass fixtures and trim shall be25 made without review by said THE advisory committee and the consent of26 the capital development committee. No Alteration to the above listed27 1442 -5- items shall be ITEMS LISTED IN THIS SUBSECTION (3)(b) IS NOT permitted1 in any area of the state capitol building until such THE project is reviewed2 by the advisory committee and approved by the capital development3 committee.4 (II) Notwithstanding the provisions of this paragraph (b)5 SUBSECTION (3)(b)(I) OF THIS SECTION, the department of personnel shall6 have the authority to MAY perform emergency repairs where the safety of7 persons or the well-being of the building would be jeopardized by delay.8 Such emergency repairs shall be undertaken THE DEPARTMENT OF9 PERSONNEL SHALL UNDERTAKE EMERGENCY REPAIRS in a manner to10 prevent or minimize any damage to the rose onyx, marble, granite, gold,11 oak woodwork, or brass fixtures and trim of the state capitol building. 12 (b.5) Repealed.13 (c) Long-range planning for specified buildings and grounds14 in the capitol building annex. The advisory committee, in cooperation15 with the department of personnel and with the approval of the capital16 development committee, may engage in long-range planning for17 modifications and improvements to the state capitol building and its18 surrounding grounds SPACE WITHIN THE PUBLIC AND CEREMONIAL AREAS19 OF THE STATE CAPITOL BUILDING , THE HISTORIC ELEMENTS OF THE20 INTERIOR AND EXTERIOR OF THE CAPITOL BUILDING ANNEX AND THE21 SURROUNDING GROUNDS OF SUCH BUILDING , THE LEGISLATIVE SERVICES22 BUILDING AND THE SURROUNDING GROUNDS OF SUCH BUILDING , AND THE23 SURROUNDING GROUNDS OF THE STATE CAPITOL BUILDING BOUNDED BY24 C OLFAX AVENUE ON THE NORTH , GRANT STREET ON THE EAST ,25 F OURTEENTH AVENUE ON THE SOUTH , AND BROADWAY ON THE WEST, IN26 THE CITY AND COUNTY OF DENVER. THIS INCLUDES BUT IS NOT LIMITED TO27 1442 -6- THE CORRIDORS, ROTUNDAS, LOBBIES, ENTRANCE WAYS, STAIRWAYS,1 RESTROOMS, PORTICOS, STEPS, AND ELEVATORS.2 (d) Determination of items in the Colorado collection. The3 advisory committee shall identify all furniture original to the state capitol4 building and create an inventory of such furniture. Any costs associated5 with identifying and inventorying furniture original to the state capitol6 building shall be paid with moneys raised through private sources and7 shall not be paid from the general fund. The department of personnel is8 hereby granted the authority to collect and use such moneys raised by9 private sources for the purpose of identifying and inventorying all10 furniture original to the state capitol building. The possession of all11 furniture original to the state capitol building shall be retained by the12 department of administration and shall be made available for use in the13 state capitol building. The furniture original to the state capitol building14 shall remain in the state capitol building at all times. THE ADVISORY15 COMMITTEE SHALL DETERMINE , BASED ON CONSULTATION WITH AND THE16 RECOMMENDATIONS OF HISTORY COLORADO PURSUANT TO SUBSECTION17 (3.5) OF THIS SECTION, WHICH ART, MEMORIALS, ARCHITECTURAL18 FIXTURES, AND FURNITURE THAT IS ORIGINAL TO THE STATE CAPITOL19 BUILDING IS PART OF THE STATE'S COLLECTION OF HISTORIC MATERIALS20 KNOWN AS THE COLORADO COLLECTION.21 (e) The advisory committee shall determine which WHETHER22 damaged pieces of furniture original to the state capitol building should23 be restored or renovated. and shall make recommendations to the capital24 development committee regarding such furniture25 (f) Publications on the history of the capitol building. (I) For26 the purpose of promoting historic interest in the state capitol building and27 1442 -7- for producing moneys MONEY to enhance preservation of original and1 historic elements of the state capitol building, the advisory committee2 shall formulate a plan for publishing HAS AUTHORITY OVER publications3 on the history of the state capitol building and for developing MAY4 AUTHORIZE other state capitol building memorabilia for sale to the public.5 This plan shall be presented to the capital development committee no later6 than October 1, 1991. All moneys MONEY received from the sale of such7 items shall be IS credited to a special account within the public buildings8 trust fund established by section 8 of the "Enabling Act of Colorado",9 which account is hereby established. 10 (II) The ADVISORY committee is authorized to accept gifts, grants,11 or donations of any kind from any private or public source to carry out the12 purposes of this paragraph (f) SUBSECTION (3)(f). All such gifts, grants,13 or donations shall be transmitted to the state treasurer who shall credit the14 same to the special account created by this paragraph (f) IN SUBSECTION15 (3)(f)(I) OF THIS SECTION within the public buildings trust fund.16 (III) Moneys MONEY in the special account are hereby CREATED17 IN SUBSECTION (3)(f)(I) OF THIS SECTION IS continuously appropriated to18 the advisory committee for republishing and reissuing publications on the19 history of the state capitol building and other state capitol building20 memorabilia, for restoring, repairing, and enhancing the state capitol21 building, THE HISTORIC ELEMENTS OF THE INTERIOR AND EXTERIOR OF THE22 CAPITOL BUILDING ANNEX , the legislative services building, and the23 grounds of said SUCH buildings, and for such other purposes as are24 necessary or incidental to accomplish the purposes of this paragraph (f)25 SUBSECTION (3)(f).26 (g) Proposals for use of state capitol building driveways. The27 1442 -8- advisory committee shall evaluate proposals for uses of the state capitol1 BUILDING driveways in addition to those authorized in section 24-82-104.2 The advisory committee shall evaluate any proposals which THAT are3 received from the general assembly, the governor, or the city and county4 of Denver. Such IN ITS evaluation, THE ADVISORY COMMITTEE shall5 consider any potential threat to the safety of individuals who are in or6 around the state capitol building, any potential interference with the7 operations of the executive department which THAT are posed by any8 proposed additional use, and the relevant provisions of any current master9 plan for the state capitol building and surrounding area. Notwithstanding10 the provisions of section 24-82-104 (2), if the advisory committee11 determines THAT the proposed use to be IS reasonable, the proposal shall12 be directed ADVISORY COMMITTEE SHALL DIRECT THE PROPOSAL to the13 capital development committee and the governor for approval. No14 additional use of the state capitol BUILDING driveways shall be IS effective15 without the approval of the capital development committee and the16 governor.17 (h) Proposals for a gift or loan of art and memorials. (I) Except18 as provided in subparagraph (II) of this paragraph (h) SUBSECTION19 (3)(h)(II) OF THIS SECTION, all proposals involving the gift or loan of20 objects of art and memorials to be placed on a permanent or temporary21 basis in the state capitol building or on its surrounding grounds and22 proposals for fund-raising efforts to place objects of art or memorials in23 the state capitol building or on its surrounding grounds shall be submitted24 to the advisory committee for evaluation. The advisory committee shall25 develop criteria and a procedure for such evaluations, which procedure 26 shall include consulting with knowledgeable advisors to assist in27 1442 -9- evaluating each object of art or memorial individually. The advisory1 committee shall evaluate all such proposals SUBMITTED TO THE ADVISORY2 COMMITTEE and present recommendations resulting from such THE3 evaluations as follows:4 (A) Proposals INVOLVING THE GIFT OR LOAN OF OBJECTS OF ART5 AND MEMORIALS pertaining to all public areas of the state capitol6 building, including but not limited to the corridors, rotunda, lobbies,7 entrance ways, stairways, restrooms, porticos, steps, and elevators shall 8 MUST be submitted to the capital development committee for approval.9 No such proposal shall be permitted to proceed without the prior approval10 of the capital development committee.11 (B) Proposals INVOLVING THE GIFT OR LOAN OF OBJECTS OF ART12 AND MEMORIALS pertaining to the surrounding grounds of the capitol13 building bounded by Colfax avenue on the north, Grant street on the east,14 Fourteenth avenue on the south, and Broadway on the west, in the city15 and county of Denver, shall MUST be submitted to the capital16 development committee and the governor for approval. No such proposal17 shall be permitted to proceed without the prior approval of the capital18 development committee and the governor.19 (II) The provisions of this paragraph (h) shall SUBSECTION (3)(h)20 DO not apply to proposals pertaining to the outer office of the executive21 suite and those areas of the first floor used as office space by the22 executive department.23 (III) The advisory committee is authorized to direct the removal24 of any objects of art or memorials that are placed in the state capitol25 building or on its surrounding grounds that have not been submitted to the26 advisory committee for evaluation and approval pursuant to the criteria27 1442 -10- and procedure developed by the advisory committee pursuant to1 subparagraph (I) of this paragraph (h) SUBSECTION (3)(h)(I) OF THIS2 SECTION. This subparagraph (III) shall SUBSECTION (3)(h)(III) DOES not3 apply to objects of art or memorials placed prior to the formation of the4 advisory committee.5 (i) Duties of former fallen heroes memorial commission.6 (I) The advisory committee shall be IS responsible for any remaining7 duties of the former fallen heroes memorial commission as it existed in8 section 24-80-1402 prior to its repeal. The advisory committee shall9 perform any remaining duties with the assistance of the department of10 personnel and a Colorado 501(c)(3) organization created for the purpose11 of raising funds for the construction of the fallen heroes memorial.12 (II) This subsection (3)(i) is repealed, effective July 1 of the year13 following the receipt by the revisor of statutes of certification from the14 executive director of the department of personnel that the appropriate15 memorials have been constructed.16 (3.5) Items original to the state capitol building. (a) A T THE17 DIRECTION AND UNDER THE SUPERVISION OF THE ADVISORY COMMITTEE ,18 HISTORY COLORADO, IN COOPERATION WITH THE LEGISLATIVE COUNCIL19 STAFF, SHALL INVENTORY ALL ART , MEMORIALS, ARCHITECTURAL20 FIXTURES, AND FURNITURE THAT IS ORIGINAL TO THE STATE CAPITOL21 BUILDING AND MAKE RECOMMENDATIONS TO THE ADVISORY COMMITTEE22 REGARDING WHICH ITEMS ARE APPROPRIATE FOR INCLUSION IN THE23 STATE'S COLLECTION OF HISTORIC MATERIALS KNOWN AS THE COLORADO24 COLLECTION. THE ADVISORY COMMITTEE SHALL DETERMINE , PURSUANT25 TO SUBSECTION (3)(d) OF THIS SECTION, WHICH INVENTORIED ITEMS26 ORIGINAL TO THE CAPITOL BUILDING ARE PART OF THE COLORADO27 1442 -11- COLLECTION.1 (b) H ISTORY COLORADO HOLDS IN TRUST FOR THE PEOPLE OF2 C OLORADO ANY ITEMS ORIGINAL TO THE CAPITOL BUILDING THAT ARE3 INCLUDED AS PART OF THE COLORADO COLLECTION PURSUANT TO4 SUBSECTION (3)(d) OF THIS SECTION, HOWEVER, THE ADVISORY5 COMMITTEE RETAINS AUTHORITY OVER THE COLLECTION ON BEHALF OF6 THE GENERAL ASSEMBLY AND IN ACCORDANCE WITH THE POLICIES AND7 REQUIREMENTS OF THE STATE REGISTER OF HISTORIC PROPERTIES CREATED8 IN SECTION 24-80.1-103.9 (c) T HE ART, MEMORIALS, ARCHITECTURAL FIXTURES , AND10 FURNITURE THAT IS ORIGINAL TO THE STATE CAPITOL BUILDING ,11 REGARDLESS OF WHETHER IT IS PART OF THE COLORADO COLLECTION12 PURSUANT TO SUBSECTION (3)(d) OF THIS SECTION, MUST REMAIN IN THE13 STATE CAPITOL BUILDING AT ALL TIMES ; EXCEPT THAT SUCH ITEMS14 ORIGINAL TO THE CAPITOL BUILDING MAY BE TEMPORARILY REMOVED15 FROM THE CAPITOL BUILDING FOR CONSERVATION FROM TIME TO TIME16 WITH THE APPROVAL OF THE ADVISORY COMMITTEE .17 (4) Staff support. The advisory committee may call upon the staff18 of the legislative council, THE OFFICE OF LEGISLATIVE LEGAL SERVICES,19 and the department of personnel to provide any necessary assistance in20 carrying out the committee's duties. Proposed plans to restore, redecorate,21 or reconstruct the building, or make alterations affecting the rose onyx,22 marble, granite, gold, oak woodwork, and brass fixtures or trim in the23 building shall MUST be submitted in writing to the staff of the legislative24 council and the department of personnel at least thirty days before such25 work is scheduled to begin.26 SECTION 2. Act subject to petition - effective date. This act27 1442 -12- takes effect at 12:01 a.m. on the day following the expiration of the1 ninety-day period after final adjournment of the general assembly; except2 that, if a referendum petition is filed pursuant to section 1 (3) of article V3 of the state constitution against this act or an item, section, or part of this4 act within such period, then the act, item, section, or part will not take5 effect unless approved by the people at the general election to be held in6 November 2024 and, in such case, will take effect on the date of the7 official declaration of the vote thereon by the governor.8 1442 -13-