Colorado 2024 2024 Regular Session

Colorado House Bill HB1442 Enrolled / Bill

Filed 05/21/2024

                    HOUSE BILL 24-1442
BY REPRESENTATIVE(S) Lindstedt, Clifford, Duran, Froelich, Hamrick,
Lieder, Lindsay, Lukens, Mauro, Ortiz;
also SENATOR(S) Fenberg, Mullica, Priola.
C
ONCERNING MODIFICATIONS TO THE CAPITOL BUILDING ADVISORY
COMMITTEE
.
 
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-82-108, amend (1),
(2)(a)(I) introductory portion, (2)(a)(I)(D), (2)(d), (2)(e), (3), and (4); and
add (3.5) as follows:
24-82-108.  State capitol building advisory committee - creation
- duties - legislative declaration - repeal. (1)  Legislative declaration.
T
HE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT :
(a)  It is the intent of the general assembly to ensure that the historic
character and architectural integrity of the capitol building and grounds be
preserved and promoted;
(b)  Because
 The rose onyx, marble, granite, gold, oak woodwork,
________
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. and brass fixtures and trim are deemed to be historic, AND it is the intent of
the general assembly to provide for SPECIFY special procedures to be
followed in any project affecting such items;
(c)  In order To ensure that structural changes and innovations do not
injure or dramatically change the state capitol building or the historic items
contained within the building or other areas set forth in paragraph (a) of
subsection (3) of this section, there is hereby created AS SPECIFIED IN THIS
SECTION
, IT IS NECESSARY TO CREATE the state capitol building advisory
committee which shall review plans to restore, redecorate, or reconstructspace within the state capitol building and make recommendations to the
capital development committee based on such plans. TO ADVISE THE
GENERAL ASSEMBLY REGARDING THE PROTECTION OF THE CAPITOL
BUILDING
'S HISTORIC CHARACTER , INCLUDING ITS ART, MEMORIALS,
FURNITURE, AND ARCHITECTURAL FIXTURES; AND
(d)  IT IS ALSO NECESSARY FOR THE CAPITOL BUILDING ADVISORY
COMMITTEE TO REVIEW
, ADVISE, AND MAKE RECOMMENDATIONS TO THE
GENERAL ASSEMBLY REGARDING PLANS TO RESTORE
, REDECORATE, AND
RECONSTRUCT HISTORIC AREAS WITHIN SPECIFIED BUILDINGS AND GROUNDS
IN THE CAPITOL BUILDING ANNEX
.
(2) State capitol building advisory committee creation.
(a) (I)  T
HE STATE CAPITOL BUILDING ADVISORY COMMITTEE , REFERRED TO
IN THIS SECTION AS THE ADVISORY COMMITTEE
, IS HEREBY CREATED. The
state capitol building
 advisory committee consists of the following twelve
members:
(D)  The following ex officio members 
WHO ARE VOTING MEMBERS
OF THE ADVISORY COMMITTEE
: The president of the state historical society
or a designee of the president; and the executive director of the department
of personnel or a designee of the executive director.
(d)  At the annual meeting, the advisory committee members shall
elect a chairman
 CHAIR from among its members to serve as chairman
CHAIR for one year of such member's term.
(e)  All members of the advisory committee shall be ARE volunteers
and shall serve without per diem except as otherwise provided in section
2-2-326; C.R.S. except that members of the advisory committee shall MUST
PAGE 2-HOUSE BILL 24-1442 be reimbursed for necessary and actual expenses incurred in the
performance of their duties.
(3)  Duties of the advisory committee. The advisory committee
shall have HAS the following duties SPECIFIED IN SUBSECTIONS (3)(a)
THROUGH (3)(i) OF THIS SECTION.
(a) Plans to restore, redecorate, and reconstruct space in
specified buildings and grounds. (I)  The advisory committee shall review,
advise, and make recommendations to the capital development committee
with respect to
 REGARDING plans to restore, redecorate, and reconstruct
space within the public and ceremonial areas of the state capitol buildings
group BUILDING, THE HISTORIC ELEMENTS OF THE INTERIOR AND EXTERIOR
OF THE CAPITOL BUILDING ANNEX AND THE SURROUNDING GROUNDS OF THE
CAPITOL BUILDING ANNEX
, the legislative services building and the
surrounding grounds of such building, and the surrounding grounds of the
state capitol building bounded by Colfax avenue on the north, Grant street
on the east, Fourteenth avenue on the south, and Broadway on the west, in
the city and county of Denver. This shall include but not be
 INCLUDES BUT
IS NOT
 limited to the corridors, rotundas, lobbies, entrance ways, stairways,
restrooms, porticos, steps, and elevators.
(II)  The committee shall not have responsibility
 IS NOT RESPONSIBLE
for reviewing, advising, or making recommendations concerning the outer
office of the executive suite and the areas used for office space, legislative
chambers, and legislative committee meeting rooms, except as to structural
modifications affecting the rose onyx, marble, granite, gold, oak woodwork,
or brass fixtures and trim as provided for in paragraph (b) of this subsection
(3) SPECIFIED IN SUBSECTION (3)(b) OF THIS SECTION.
(b) Projects affecting capitol building rose onyx, marble, granite,
gold, oak woodwork, and brass fixtures and trim. (I)  The advisory
committee shall review all planned construction projects affecting the rose
onyx, marble, granite, gold, oak woodwork, and brass fixtures and trim of
the state capitol building, and shall submit a written report to the capital
development committee containing the advisory committee's findings. No
such project affecting AN AGENCY OR DEPARTMENT SHALL NOT BEGIN A
PROJECT THAT AFFECTS
 the rose onyx, marble, granite, gold, oak woodwork,
and brass fixtures and trim shall be made
 without review by said THE
advisory committee and the consent of the capital development committee.
PAGE 3-HOUSE BILL 24-1442 No Alteration to the above listed items shall be ITEMS LISTED IN THIS
SUBSECTION
 (3)(b) IS NOT permitted in any area of the state capitol building
until such
 THE project is reviewed by the advisory committee and approved
by the capital development committee.
(II)  Notwithstanding the provisions of this paragraph (b)
SUBSECTION (3)(b)(I) OF THIS SECTION, the department of personnel shall
have the authority to MAY perform emergency repairs where the safety of
persons or the well-being of the building would be jeopardized by delay.
Such emergency repairs shall be undertaken
 THE DEPARTMENT OF
PERSONNEL SHALL UNDERTAKE EMERGENCY REPAIRS
 in a manner to prevent
or minimize any damage to the rose onyx, marble, granite, gold, oak
woodwork, or brass fixtures and trim of the state capitol building. 
(b.5)  Repealed.
(c)  Long-range planning for specified buildings and grounds in
the capitol building annex. The advisory committee, in cooperation with
the department of personnel and with the approval of the capital
development committee, may engage in long-range planning for
modifications and improvements to the state capitol building and its
surrounding grounds SPACE WITHIN THE PUBLIC AND CEREMONIAL AREAS OF
THE STATE CAPITOL BUILDING
, THE HISTORIC ELEMENTS OF THE INTERIOR
AND EXTERIOR OF THE CAPITOL BUILDING ANNEX AND THE SURROUNDING
GROUNDS OF SUCH BUILDING
, THE LEGISLATIVE SERVICES BUILDING AND THE
SURROUNDING GROUNDS OF SUCH BUILDING
, AND THE SURROUNDING
GROUNDS OF THE STATE CAPITOL BUILDING BOUNDED BY 
COLFAX AVENUE
ON THE NORTH
, GRANT STREET ON THE EAST, FOURTEENTH AVENUE ON THE
SOUTH
, AND BROADWAY ON THE WEST , IN THE CITY AND COUNTY OF
DENVER. THIS INCLUDES BUT IS NOT LIMITED TO THE CORRIDORS ,
ROTUNDAS, LOBBIES, ENTRANCE WAYS, STAIRWAYS, RESTROOMS, PORTICOS,
STEPS, AND ELEVATORS.
(d)  Determination of items in the Colorado collection. The
advisory committee shall identify all furniture original to the state capitol
building and create an inventory of such furniture. Any costs associated
with identifying and inventorying furniture original to the state capitol
building shall be paid with moneys raised through private sources and shall
not be paid from the general fund. The department of personnel is hereby
granted the authority to collect and use such moneys raised by private
PAGE 4-HOUSE BILL 24-1442 sources for the purpose of identifying and inventorying all furniture original
to the state capitol building. The possession of all furniture original to the
state capitol building shall be retained by the department of administration
and shall be made available for use in the state capitol building. The
furniture original to the state capitol building shall remain in the state
capitol building at all times. THE ADVISORY COMMITTEE SHALL DETERMINE ,
BASED ON CONSULTATION WITH AND THE RECOMMENDATIONS OF HISTORY
COLORADO PURSUANT TO SUBSECTION (3.5) OF THIS SECTION, 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.
(e)  The advisory committee shall determine which
 WHETHER
damaged pieces of furniture original to the state capitol building should be
restored or renovated. and shall make recommendations to the capital
development committee regarding such furniture
(f) Publications on the history of the capitol building. (I)  For the
purpose of promoting historic interest in the state capitol building and for
producing moneys
 MONEY to enhance preservation of original and historic
elements of the state capitol building, the advisory committee shall
formulate a plan for publishing HAS AUTHORITY OVER publications on the
history of the state capitol building and for developing MAY AUTHORIZE
other state capitol building memorabilia for sale to the public. This plan
shall be presented to the capital development committee no later than
October 1, 1991. All moneys MONEY received from the sale of such items
shall be IS credited to a special account within the public buildings trust
fund established by section 8 of the "Enabling Act of Colorado", which
account is hereby established. 
(II)  The 
ADVISORY committee is authorized to accept gifts, grants,
or donations of any kind from any private or public source to carry out the
purposes of this paragraph (f) SUBSECTION (3)(f). All such gifts, grants, or
donations shall be transmitted to the state treasurer who shall credit the
same to the special account created by this paragraph (f)
 IN SUBSECTION
(3)(f)(I) OF THIS SECTION within the public buildings trust fund.
(III)  Moneys MONEY in the special account are hereby CREATED IN
SUBSECTION
 (3)(f)(I) OF THIS SECTION IS continuously appropriated to the
advisory committee for republishing and reissuing publications on the
PAGE 5-HOUSE BILL 24-1442 history of the state capitol building and other state capitol building
memorabilia, for restoring, repairing, and enhancing the state capitol
building, 
THE HISTORIC ELEMENTS OF THE INTERIOR AND EXTERIOR OF THE
CAPITOL BUILDING ANNEX
, the legislative services building, and the grounds
of said
 SUCH buildings, and for such other purposes as are necessary or
incidental to accomplish the purposes of this paragraph (f) SUBSECTION
(3)(f).
(g)  Proposals for use of state capitol building driveways. The
advisory committee shall evaluate proposals for uses of the state capitol
BUILDING driveways in addition to those authorized in section 24-82-104.
The advisory committee shall evaluate any proposals which
 THAT are
received from the general assembly, the governor, or the city and county of
Denver. Such
 IN ITS evaluation, THE ADVISORY COMMITTEE shall consider
any potential threat to the safety of individuals who are in or around the
state capitol building, any potential interference with the operations of the
executive department which
 THAT are posed by any proposed additional use,
and the relevant provisions of any current master plan for the state capitol
building and surrounding area. Notwithstanding the provisions of section
24-82-104 (2), if the advisory committee determines 
THAT the proposed use
to be
 IS reasonable, the proposal shall be directed ADVISORY COMMITTEE
SHALL DIRECT THE PROPOSAL 
to the capital development committee and the
governor for approval. No additional use of the state capitol 
BUILDING
driveways shall be
 IS effective without the approval of the capital
development committee and the governor.
(h) Proposals for a gift or loan of art and memorials. (I)  Except
as provided in subparagraph (II) of this paragraph (h) SUBSECTION (3)(h)(II)
OF THIS SECTION, all proposals involving the gift or loan of objects of art
and memorials to be placed on a permanent or temporary basis in the state
capitol building or on its surrounding grounds and proposals for
fund-raising efforts to place objects of art or memorials in the state capitol
building or on its surrounding grounds shall be submitted to the advisory
committee for evaluation. The advisory committee shall develop criteria and
a procedure for such evaluations, which procedure
 shall include consulting
with knowledgeable advisors to assist in evaluating each object of art or
memorial individually. The advisory committee shall evaluate all such
proposals SUBMITTED TO THE ADVISORY COMMITTEE and present
recommendations resulting from such THE evaluations as follows:
PAGE 6-HOUSE BILL 24-1442 (A)  Proposals INVOLVING THE GIFT OR LOAN OF OBJECTS OF ART AND
MEMORIALS
 pertaining to all public areas of the state capitol building,
including but not limited to the corridors, rotunda, lobbies, entrance ways,
stairways, restrooms, porticos, steps, and elevators shall
 MUST be submitted
to the capital development committee for approval. No such proposal shall
be permitted to
 proceed without the prior approval of the capital
development committee.
(B)  Proposals 
INVOLVING THE GIFT OR LOAN OF OBJECTS OF ART AND
MEMORIALS
 pertaining to the surrounding grounds of the capitol building
bounded by Colfax avenue on the north, Grant street on the east, Fourteenth
avenue on the south, and Broadway on the west, in the city and county of
Denver, shall MUST be submitted to the capital development committee and
the governor for approval. No such proposal shall be permitted to proceed
without the prior approval of the capital development committee and the
governor.
(II)  The provisions of this paragraph (h) shall
 SUBSECTION (3)(h) DO
not apply to proposals pertaining to the outer office of the executive suite
and those areas of the first floor used as office space by the executive
department.
(III)  The advisory committee is authorized to direct the removal of
any objects of art or memorials that are placed in the state capitol building
or on its surrounding grounds that have not been submitted to the advisory
committee for evaluation and approval pursuant to the criteria and
procedure developed by the advisory committee pursuant to subparagraph
(I) of this paragraph (h) SUBSECTION (3)(h)(I) OF THIS SECTION. This
subparagraph (III) shall SUBSECTION (3)(h)(III) DOES not apply to objects
of art or memorials placed prior to the formation of the advisory committee.
(i)  Duties of former fallen heroes memorial commission. (I)  The
advisory committee shall be IS responsible for any remaining duties of the
former fallen heroes memorial commission as it existed in section
24-80-1402 prior to its repeal. The advisory committee shall perform any
remaining duties with the assistance of the department of personnel and a
Colorado 501(c)(3) organization created for the purpose of raising funds for
the construction of the fallen heroes memorial.
(II)  This subsection (3)(i) is repealed, effective July 1 of the year
PAGE 7-HOUSE BILL 24-1442 following the receipt by the revisor of statutes of certification from the
executive director of the department of personnel that the appropriate
memorials have been constructed.
(3.5) Items original to the state capitol building. (a)  A
T THE
DIRECTION AND UNDER THE SUPERVISION OF THE ADVISORY COMMITTEE
,
HISTORY COLORADO, IN COOPERATION WITH THE LEGISLATIVE COUNCIL
STAFF
, SHALL INVENTORY ALL ART, MEMORIALS, ARCHITECTURAL FIXTURES,
AND FURNITURE THAT IS ORIGINAL TO THE STATE CAPITOL BUILDING AND
MAKE RECOMMENDATIONS TO TH E ADVISORY COMMITTEE REGARDING
WHICH ITEMS ARE APPROPRIATE FOR INCLUSION IN THE STATE
'S COLLECTION
OF HISTORIC MATERIALS KNOWN AS THE 
COLORADO COLLECTION . THE
ADVISORY COMMITTEE SHALL DETERMINE
, PURSUANT TO SUBSECTION (3)(d)
OF THIS SECTION, WHICH INVENTORIED ITEMS ORIGINAL TO THE CAPITOL
BUILDING ARE PART OF THE 
COLORADO COLLECTION.
(b)  H
ISTORY COLORADO HOLDS IN TRUST FOR THE PEOPLE OF
COLORADO ANY ITEMS ORIGINAL TO THE CAPITOL BUILDING THAT ARE
INCLUDED AS PART OF THE 
COLORADO COLLECTION PURSUANT TO
SUBSECTION
 (3)(d) OF THIS SECTION, HOWEVER, 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 CREATED IN SECTION
24-80.1-103.
(c)  T
HE ART, MEMORIALS, ARCHITECTURAL FIXTURES , AND
FURNITURE THAT IS ORIGINAL TO THE STATE CAPITOL BUILDING
, REGARDLESS
OF WHETHER IT IS PART OF THE 
COLORADO COLLECTION PURSUANT TO
SUBSECTION
 (3)(d) OF THIS SECTION, MUST REMAIN IN THE STATE CAPITOL
BUILDING AT ALL TIMES
; EXCEPT THAT SUCH ITEMS ORIGINAL TO THE
CAPITOL BUILDING MAY BE TEMPORARILY REMOVED FROM THE CAPITOL
BUILDING FOR CONSERVATION FROM TIME TO TIME WITH THE APPROVAL OF
THE ADVISORY COMMITTEE
.
(4)  Staff support. The advisory committee may call upon the staff
of the legislative council, 
THE OFFICE OF LEGISLATIVE LEGAL SERVICES, and
the department of personnel to provide any necessary assistance in carrying
out the committee's duties. Proposed plans to restore, redecorate, or
reconstruct the building, or make alterations affecting the rose onyx,
marble, granite, gold, oak woodwork, and brass fixtures or trim in the
PAGE 8-HOUSE BILL 24-1442 building shall MUST be submitted in writing to the staff of the legislative
council and the department of personnel at least thirty days before such
work is scheduled to begin.
SECTION 2. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 9-HOUSE BILL 24-1442 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________  ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
            APPROVED________________________________________
                                                        (Date and Time)
                              _________________________________________
                             Jared S. Polis
                             GOVERNOR OF THE STATE OF COLORADO
PAGE 10-HOUSE BILL 24-1442