Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 24-0465.01 Conrad Imel x2313 SENATE BILL 24-053 Senate Committees House Committees State, Veterans, & Military Affairs Finance Appropriations A BILL FOR AN ACT C ONCERNING AN EVALUATION OF RACIAL EQUITY FOR BLACK101 C OLORADANS.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 bill requires the state historical society (society), commonly known as history Colorado, to conduct a study to determine any historical and ongoing effects of slavery and subsequent systemic racism on Black Coloradans that may be attributed to Colorado state policies, and to identify measures that are consistent with the constitution to address those effects. The society may enter into an agreement with a third-party entity SENATE 3rd Reading Unamended March 20, 2024 SENATE Amended 2nd Reading March 19, 2024 SENATE SPONSORSHIP Coleman, Bridges, Buckner, Cutter, Exum, Fields, Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Marchman, Michaelson Jenet, Mullica, Priola, Roberts, Rodriguez, Sullivan, Winter F., Zenzinger HOUSE SPONSORSHIP Herod and Ricks, 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. to conduct all or parts of the study. As part of the study, the society shall conduct at least 2 public comment sessions for members of the public to provide input to the society related to the study. The society is required to submit a report to the general assembly and governor and make the report available on a publicly accessible webpage of the society's website. The bill establishes the Black Coloradan racial equity steering committee (steering committee) to provide input to the society about the study, including guidance about the research, economic analysis, and recommendations. The steering committee also assists the society in conducting the public comment sessions. The society shall provide the steering committee with regular periodic updates about the status of the study. The steering committee may submit to the society comments and recommendations for inclusion in the society's report to the general assembly and governor. After the study is completed, the steering committee shall work as necessary to effectuate implementation of the recommendations in the study report. The bill is contingent upon the society receiving $100,000 of gifts, grants, or donations for the purpose of conducting the study. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add part 23 to article 2 2 of title 2 as follows:3 PART 234 BLACK COLORADAN RACIAL EQUITY STUDY5 2-2-2301. Legislative declaration. (1) (a) T HE GENERAL 6 ASSEMBLY FINDS, DETERMINES, AND DECLARES THAT:7 (I) T HE LEGACY OF SLAVERY , RACIAL DISCRIMINATION, AND8 SYSTEMIC RACISM HAS HARMED BLACK COLORADANS AND CONTINUES TO9 HARM BLACK COLORADANS IN MATERIAL WAYS . BLACK INDIVIDUALS AND10 COMMUNITIES, WHOSE UNPAID LABOR FORMED THE BASIS FOR WEALTH11 AND POWER IN THIS COUNTRY , ARE OWED THE OPPORTUNITY AND12 RESOURCES TO BUILD WEALTH AND POWER FOR THEMSELVES . LIKE MANY13 WESTERN STATES, COLORADO IS WIDELY PERCEIVED AS HISTORICALLY14 ABSTINENT FROM PARTICIPATING IN SLAVERY . HOWEVER, SLAVERY WAS15 053-2- ONLY FULLY ABOLISHED IN THE COLORADO CONSTITUTION IN 2018.1 (II) C OLORADO DEMONSTRATES A TRACK RECORD OF RACIAL2 DISCRIMINATION, RESULTING DIRECTLY IN RACIAL DISPARITIES. THE KU3 K LUX KLAN WIELDED GREAT INFLUENCE AND POWER IN DENVER AND IN4 STATE POLITICS IN THE 1920S. MAJOR COLORADO TOWNS SUCH AS5 D ENVER, GRAND JUNCTION, PUEBLO, AND CANON CITY WERE HOTBEDS6 OF KLAN ACTIVITY. THE KLAN IN COLORADO PEAKED IN 1925. BY THIS7 TIME, IT HAD INFILTRATED ALL LEVELS OF THE STATE GOVERNMENT . THE8 K LAN CONTROLLED MANY MEMBERS OF THE LEGISLATURE , HELD A STATE9 SUPREME COURT JUDGESHIP AND SEVEN DENVER DISTRICT COURT10 BENCHES, AND HAD CONTROLLING MAJORITIES IN SOME TOWN COUNCILS .11 S OME OF THE MOST NOTABLE KLANSMEN AT THE TIME INCLUDED THE12 MAYOR AND POLICE CHIEF OF DENVER AND THE GOVERNOR OF COLORADO.13 (III) T HE IMPACT OF THOSE IN POWER TRANSPIRES INTO POLICIES ,14 SYSTEMS, AND PRACTICES ADOPTED AT THE STATE LEVEL . THOSE POLICIES,15 SYSTEMS, AND PRACTICES ARE BUILT UPON OVER DECADES AND FURTHER16 INGRAIN INEQUITIES THAT HAVE A DISPARATE IMPACT ON BLACK17 C OLORADANS.18 (IV) I N 2020, THE HOME OWNERSHIP GAP BETWEEN BLACK AND19 W HITE COLORADANS WAS THIRTY -ONE PERCENT. JUST TWENTY-FIVE20 PERCENT OF ADULT BLACK COLORADANS HAVE EARNED A21 POSTSECONDARY DEGREE OR CREDENTIAL , WHILE NINETY-ONE AND22 FOUR-TENTHS PERCENT OF TIER ONE JOBS IDENTIFIED IN THE COLORADO23 WORKFORCE DEVELOPMENT COUNCIL 'S 2022 TALENT PIPELINE REPORT AND24 SEVENTY AND FOUR-TENTHS PERCENT OF TIER TWO JOBS REQUIRE A25 POSTSECONDARY CREDENTIAL . IN COLORADO, BLACK INDIVIDUALS26 CONSTITUTE FIVE PERCENT OF THE POPULATION BUT SEVENTEEN PERCENT27 053 -3- OF THOSE IN JAIL AND EIGHTEEN PERCENT OF THOSE IN PRISON . AT1 THIRTEEN AND SEVEN -TENTHS PERCENT UNEMPLOYMENT , BLACK2 WORKERS IN COLORADO FACED HIGHER UNEMPLOYMENT RATES THAN3 OTHER RACIAL GROUPS SURVEYED BETWEEN MAY 2021 AND APRIL 2022.4 B LACK COLORADANS EXPERIENCE A WIDE ARRAY OF NEGATIVE HEALTH5 OUTCOMES AT RATES THAT ARE DISPROPORTIONATE TO WHITE6 C OLORADANS IN THE FOLLOWING AREAS : FOOD INSECURITY, INFANT7 MORTALITY, CHILDHOOD ASTHMA, DIABETES, AND HIV AND AIDS. THE8 AVERAGE BLACK COLORADAN HAS A LIFE EXPECTANCY NEARLY THREE9 YEARS FEWER THAN THE AVERAGE WHITE COLORADAN.10 (V) D ISPARITIES IN BOTH K-12 EDUCATION AND POSTSECONDARY11 TRAINING, INCLUDING HIGHER EDUCATION AND WORKFORCE TRAINING ;12 HOME OWNERSHIP; HEALTH DISPARITIES AND ACCESS TO HEALTH CARE ;13 AND A SYSTEMICALLY UNJUST CRIMINAL JUSTICE SYSTEM , COMBINED WITH14 POLICE BRUTALITY, HAVE CONTRIBUTED TO A REALITY IN WHICH HALF OF15 B LACK FAMILIES IN COLORADO ARE CONSIDERED LOW -INCOME. A LACK16 OF ACCESS TO ECONOMIC MOBILITY AND FINANCIAL PROSPERITY HAS17 IMPACTED BLACK COLORADANS FOR GENERATIONS . BLACK COLORADANS'18 LOST EARNINGS AND ASSETS DETRACT FROM COLORADO'S LABOR FORCE19 AND TAX BASE, AS WELL AS THE GROWTH OF COLORADO'S ECONOMY.20 (VI) R ACIAL EQUITY STUDIES ARE TOOLS USED TO QUALIFY AND21 QUANTIFY PAST DISCRIMINATION AND RECOMMEND CERTAIN CORRECTIVE22 MEASURES AS MAY BE WARRANTED BY THE STUDY 'S FINDINGS.23 (b) T HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT AN24 INDEPENDENT STUDY MUST BE CONDUCTED AND A STEERING COMMITTEE25 BE CREATED IN THE STATE HISTORICAL SOCIETY TO DETERMINE THE26 EXTENT TO WHICH BLACK COLORADANS HAVE EXPERIENCED AND27 053 -4- CONTINUE TO EXPERIENCE RACIAL DISCRIMINATION DIRECTLY LINKED TO1 HARMFUL PRACTICES, SYSTEMS, AND POLICIES OF THE STATE AND TO2 QUANTIFY THE ECONOMIC IMPACTS OF ANY DISCRIMINATION DISCOVERED3 DURING THE STUDY.4 2-2-2302. Definitions. A S USED IN THIS PART 23, UNLESS THE 5 CONTEXT OTHERWISE REQUIRES :6 (1) "C OMMISSION" MEANS THE BLACK COLORADAN RACIAL 7 EQUITY STUDY COMMISSION CREATED IN SECTION 2-2-2303.8 (2) "E CONOMIC ANALYSIS" MEANS THE ECONOMIC ANALYSIS 9 CONDUCTED BY A THIRD-PARTY ENTITY PURSUANT TO SECTION 2-2-2306.10 (3) "F UND" MEANS THE BLACK COLORADAN RACIAL EQUITY 11 STUDY CASH FUND CREATED IN SECTION 2-2-2308.12 (4) "H ISTORICALLY IMPACTED BLACK COLORADANS" OR "BLACK 13 C OLORADANS" MEANS AFRICAN AMERICAN PERSONS, INCLUDING 14 INDIVIDUALS WHO HAVE ORIGINS IN ANY OF THE BLACK RACIAL GROUPS,15 WHO HAVE RESIDED OR WHO ARE RESIDING IN COLORADO.16 (5) "H ISTORICAL RESEARCH" MEANS THE HISTORICAL RESEARCH 17 CONDUCTED BY THE STATE HISTORICAL SOCIETY PURSUANT TO SECTION18 2-2-2305.19 (6) "S TATE HISTORICAL SOCIETY" OR "SOCIETY" MEANS THE STATE 20 HISTORICAL SOCIETY ESTABLISHED IN SECTION 24-80-201 AND COMMONLY21 KNOWN AS HISTORY COLORADO.22 (7) "S TUDY" MEANS THE STUDY TO DETERMINE ANY POTENTIAL 23 HISTORICAL AND ONGOING EFFECTS OF SLAVERY AND SUBSEQUENT24 SYSTEMIC RACISM ON BLACK COLORADANS CONDUCTED PURSUANT TO25 THIS PART 23.26 (8) "T HIRD-PARTY ENTITY" MEANS AN ENTITY THAT SATISFIES THE 27 053 -5- QUALIFICATIONS SET FORTH IN SECTION 2-2-2303 (2) AND THAT HAS1 ENTERED INTO AN AGREEMENT WITH THE COMMISSION OR WITH THE2 SOCIETY TO CONDUCT ALL OR PART OF THE HISTORICAL RESEARCH .3 2-2-2303. Black Coloradan racial equity study - third-party4 entity qualifications - commission created - membership - staff5 support - legislative intent. (1) (a) T HERE IS ESTABLISHED IN THE 6 LEGISLATIVE DEPARTMENT THE BLACK COLORADAN RACIAL EQUITY7 COMMISSION TO CONDUCT A STUDY TO DETERMINE , AND MAKE8 RECOMMENDATIONS RELATED TO , ANY POTENTIAL HISTORICAL AND9 ONGOING EFFECTS OF SLAVERY AND SUBSEQUENT SYSTEMIC RACISM ON10 B LACK COLORADANS THAT MAY BE ATTRIBUTED TO PRACTICES , SYSTEMS, 11 AND POLICIES OF THE STATE. THE COMMISSION IS ONLY REQUIRED TO12 CONDUCT A STUDY IF , PURSUANT TO SECTION 2-2-2309, SECTIONS13 2-2-2304, 2-2-2305, 2-2-2306, AND 2-2-2307 BECOME EFFECTIVE. THE 14 GOALS OF THE STUDY ARE TO:15 (I) D ETERMINE THE EXTENT TO WHICH BLACK COLORADANS HAVE 16 EXPERIENCED AND CONTINUE TO EXPERIENCE RACIAL DISCRIMINATION17 DIRECTLY LINKED TO HARMFUL PRACTICES , SYSTEMS, AND POLICIES OF18 THE STATE THAT HAVE EXISTED HISTORICALLY OR THAT CONTINUE TO19 EXIST;20 (II) Q UANTIFY THE ECONOMIC IMPACT ON BLACK COLORADANS, 21 INCLUDING IMPACTS ON INDIVIDUALS AND FAMILIES , OF ANY22 DISCRIMINATION DISCOVERED DURING THE STUDY , TO THE EXTENT THAT23 THE STUDY ESTABLISHES THAT DISPARITIES ATTRIBUTABLE TO PAST OR24 PRESENT DISCRIMINATION EXIST; AND25 (III) I DENTIFY MEASURES THAT ARE CONSISTENT WITH THE 26 CONSTITUTION TO ADDRESS THE EFFECTS OF DISCRIMINATION THAT MAY27 053 -6- BE ATTRIBUTED TO PRACTICES, SYSTEMS, AND POLICIES OF THE STATE.1 (b) T HE STUDY INCLUDES HISTORICAL RESEARCH CONDUCTED BY 2 THE SOCIETY PURSUANT TO SECTION 2-2-2305 AND AN ECONOMIC3 ANALYSIS CONDUCTED PURSUANT TO SECTION 2-2-2306.4 (c) (I) I T IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE 5 STUDY BE FUNDED ENTIRELY BY GIFTS , GRANTS, AND DONATIONS; THAT6 GIFTS, GRANTS, AND DONATIONS WILL BE RECEIVED THROUGHOUT THE7 COURSE OF THE STUDY; AND THAT NO ADDITIONAL GENERAL FUND MONEY8 BE APPROPRIATED FOR THE IMPLEMENTATION OF THE STUDY .9 (II) T HE STUDY IS CONTINGENT ON MONEY BEING AVAILABLE TO 10 CARRY OUT THE STUDY . IF MONEY IS NOT AVAILABLE FOR THE11 COMMISSION, STATE HISTORICAL SOCIETY, OR ANY OTHER ENTITY TO12 CARRY OUT IT'S DUTIES REQUIRED PURSUANT TO THIS PART 23, THE13 COMMISSION, SOCIETY, OR ENTITY IS NOT REQUIRED TO CARRY OUT THE14 DUTIES. A CONTRACT WITH A THIRD-PARTY ENTITY MUST PROVIDE THAT15 THE CONTRACT IS CONTINGENT ON FUNDS BEING AVAILABLE FOR THAT16 PURPOSE.17 (2) (a) A THIRD-PARTY ENTITY THAT ENTERS INTO AN AGREEMENT 18 WITH THE COMMISSION OR SOCIETY TO CONDUCT ECONOMIC ANALYSIS OR19 RESEARCH PURSUANT TO THIS PART 23 MUST HAVE:20 (I) E XPERIENCE WORKING WITH BLACK COMMUNITIES; 21 (II) A N UNDERSTANDING OF BLACK HISTORY AND CULTURE, WITH 22 DEMONSTRATED EXPERIENCE WORKING ON ISSUES RELATED TO BLACK23 HISTORY, SOCIAL EQUITY, CIVIL RIGHTS, AND ECONOMIC MOBILITY; AND24 (III) A N UNDERSTANDING OF THE IMPACT OF TRAUMA AND HOW IT 25 PASSES THROUGH GENERATIONS .26 (b) T HE THIRD-PARTY ENTITY MAY BE FROM OUTSIDE COLORADO. 27 053 -7- (3) (a) THE COMMISSION CONSISTS OF THE FOLLOWING MEMBERS :1 (I) T HE FOLLOWING MEMBERS , APPOINTED BY THE GOVERNOR: 2 (A) O NE PERSON WHO HAS EXPERTISE IN QUANTIFYING THE 3 ECONOMIC IMPACTS ON HISTORICALLY IMPACTED BLACK COLORADANS;4 (B) O NE COMMUNITY REPRESENTATIVE WITH A TRACK RECORD OF 5 PUBLIC SERVICE WITH HISTORICALLY IMPACTED BLACK COLORADANS;6 (C) O NE PERSON WHO HAS LEGAL EXPERTISE IN CONSTITUTIONAL 7 LAW AND RACIAL JUSTICE; AND8 (D) O NE PERSON WHO IS A HISTORIAN WITH EXPERTISE IN THE 9 HISTORY OF BLACK COLORADANS;10 (II) T HE FOLLOWING MEMBERS , APPOINTED BY THE SPEAKER OF 11 THE HOUSE OF REPRESENTATIVES:12 (A) O NE PERSON WHO HAS EXPERTISE IN QUANTIFYING THE 13 ECONOMIC IMPACTS ON HISTORICALLY IMPACTED BLACK COLORADANS;14 (B) O NE PERSON WHO HAS EXPERTISE IN RESEARCHING THE 15 HISTORY AND IMPACT OF SLAVERY AND SYSTEMIC RACISM ON BLACK16 C OLORADANS; 17 (C) O NE COMMUNITY REPRESENTATIVE WITH A TRACK RECORD OF 18 PUBLIC SERVICE WITH HISTORICALLY IMPACTED BLACK COLORADANS;19 AND20 (D) T WO MEMBERS OF THE HOUSE OF REPRESENTATIVES ; AND 21 (III) T HE FOLLOWING MEMBERS, APPOINTED BY THE PRESIDENT OF 22 THE SENATE:23 (A) O NE PERSON WHO HAS LEGAL EXPERTISE IN CONSTITUTIONAL 24 LAW AND RACIAL JUSTICE;25 (B) O NE PERSON WHO HAS EXPERTISE IN RESEARCHING THE 26 HISTORY AND IMPACT OF SLAVERY ON BLACK COLORADANS;27 053 -8- (C) ONE COMMUNITY REPRESENTATIVE WITH A TRACK RECORD OF1 PUBLIC SERVICE WITH HISTORICALLY IMPACTED BLACK COLORADANS;2 AND3 (D) T WO MEMBERS OF THE SENATE . 4 (b) T HE PRESIDENT OF THE SENATE SHALL APPOINT ONE OF THE 5 MEMBERS OF THE COMMISSION WHO IS A SENATOR AS THE CHAIR OF THE6 COMMISSION. THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL7 APPOINT ONE OF THE MEMBERS OF THE COMMISSION WHO IS A MEMBER OF8 THE HOUSE OF REPRESENTATIVES AS THE VICE-CHAIR OF THE COMMISSION.9 (c) T HE APPOINTING AUTHORITIES SHALL APPOINT MEMBERS OF 10 THE COMMISSION AS SOON AS POSSIBLE AFTER THE EFFECTIVE DATE OF11 THIS SUBSECTION (3), BUT NO LATER THAN SEPTEMBER 1, 2024. THE TERM12 OF APPOINTMENT IS FOR THE DURATION OF THE COMMISSION 'S EXISTENCE.13 I F A VACANCY ARISES ON THE COMMISSION , THE APPOINTING AUTHORITY 14 SHALL APPOINT A REPLACEMENT TO FILL THE VACANCY AS SOON AS15 POSSIBLE.16 (d) N ONLEGISLATIVE MEMBERS OF THE COMMISSION SERVE 17 WITHOUT COMPENSATION BUT ARE ENTITLED TO REIMBURSEMENT FOR18 ACTUAL AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE OF THE19 MEMBERS' DUTIES.20 (e) T HE LEGISLATIVE COUNCIL STAFF SHALL ASSIST THE 21 COMMISSION IN CARRYING OUT ITS DUTIES ; EXCEPT THAT LEGISLATIVE22 COUNCIL STAFF SHALL NOT:23 (I) C ONDUCT RESEARCH FOR THE COMMISSION OR DRAFT THE 24 REPORT REQUIRED PURSUANT TO SECTION 2-2-2307;25 (II) O RGANIZE OR OTHERWISE FACILITATE A COMMUNITY 26 ENGAGEMENT SESSION DESCRIBED IN SECTION 2-2-2305 (2); AND27 053 -9- (III) TRAVEL FOR THE PURPOSE OF ASSISTING THE COMMISSION ,1 UNLESS AUTHORIZED BY THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE2 COUNCIL.3 2-2-2304. Commission - meetings - duties. (1) (a) T HE CHAIR OF 4 THE COMMISSION SHALL CONVENE THE FIRST MEETING OF THE5 COMMISSION NO LATER THAN FORTY -TWO DAYS AFTER THE EFFECTIVE6 DATE OF THIS SECTION.7 (b) T HE COMMISSION SHALL NOT MEET MORE THAN SIX TIMES IN A 8 CALENDAR YEAR AND SHALL NOT MEET DURING THE LEGISLATIVE SESSION ;9 EXCEPT THAT:10 (I) M EETINGS WITHIN THE FIRST THREE MONTHS AFTER THE 11 EFFECTIVE DATE OF THIS SECTION DO NOT COUNT TOWARD THE12 SIX-MEETING LIMIT; AND13 (II) T HE COMMISSION MAY MEET ONCE DURING A LEGISLATIVE 14 SESSION FOLLOWING RECEIPT OF A QUARTERLY UPDATE FROM THE SOCIETY15 PURSUANT TO SECTION 2-2-2305 (4).16 (c) M EMBERS OF THE COMMISSION MAY PARTICIPATE REMOTELY 17 IN COMMITTEE MEETINGS.18 (d) T HE COMMISSION MAY NOT TRAVEL UNLESS AUTHORIZED BY 19 THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL ; EXCEPT THAT20 MEMBERS OF THE COMMISSION MAY TRAVEL TO PARTICIPATE IN A21 COMMUNITY ENGAGEMENT SESSION DESCRIBED IN SECTION 2-2-2305 (2).22 (2) T HE COMMISSION SHALL: 23 (a) C OLLABORATE WITH THE SOCIETY ABOUT THE STUDY 'S SCOPE 24 OF RESEARCH IN THE SUBJECT AREAS DESCRIBED IN SECTION 2-2-2305 (1);25 (b) I F THE SOCIETY ENTERS INTO AN AGREEMENT WITH A 26 THIRD-PARTY ENTITY TO CONDUCT ALL OR PART OF THE HISTORICAL27 053 -10- RESEARCH, ASSIST WITH THE DEVELOPMENT OF A RUBRIC FOR SELECTING1 THE ENTITY;2 (c) C OLLABORATE WITH THE SOCIETY ABOUT DETERMINING THE 3 TIMING AND GEOGRAPHIC REACH FOR EACH COMMUNITY ENGAGEMENT4 SESSION DESCRIBED IN SECTION 2-2-2305 (2) TO MAXIMIZE ATTENDANCE5 AT THE SESSION, CONSULT WITH THE SOCIETY ABOUT WHETHER TO HOLD6 ADDITIONAL COMMUNITY E NGAGEMENT SESSIONS , AND HELP THE SOCIETY7 MAXIMIZE ATTENDANCE AT THE COMMUNITY ENGAGEMENT SESSIONS ;8 (d) P ROVIDE FEEDBACK TO THE SOCIETY FOLLOWING THE RECEIPT 9 OF UPDATES ABOUT THE HISTORICAL RESEARCH ;10 (e) E NTER INTO AN AGREEMENT WITH ONE OR MORE THIRD -PARTY 11 ENTITIES TO CONDUCT AN ECONOMIC ANALYSIS , AS DESCRIBED IN SECTION12 2-2-2306; AND 13 (f) D RAFT AND SUBMIT THE REPORT REQUIRED PURSUANT TO 14 SECTION 2-2-2307.15 (3) A FTER THE COMMISSION SUBMITS THE REPORT TO THE 16 GENERAL ASSEMBLY AND GOVERNOR PURS UANT TO SECTION 2-2-2307 (1),17 THE COMMISSION SHALL WORK WITH ANY PARTIES NECESSARY , INCLUDING18 MEMBERS OF THE GENERAL ASSEMBLY , TO IMPLEMENT THE19 RECOMMENDATIONS IN THE REPORT .20 2-2-2305. Black Coloradan racial equity study - historical21 research. (1) (a) A S PART OF THE STUDY, THE STATE HISTORICAL SOCIETY 22 SHALL CONDUCT HISTORICAL RESEARCH TO DETERMINE ANY POTENTIAL23 HISTORICAL AND ONGOING EFFECTS OF SLAVERY AND SUBSEQUENT24 SYSTEMIC RACISM ON BLACK COLORADANS THAT MAY BE ATTRIBUTED TO25 PRACTICES, SYSTEMS, AND POLICIES OF THE STATE. THE HISTORICAL26 RESEARCH MUST FOCUS ON AND INCLUDE ALL OF THE FOLLOWING , AS EACH27 053 -11- MAY BE ATTRIBUTABLE TO STATE GOVERNMENTAL ENTITIES , POLICIES,1 SYSTEMS, AND PRACTICES:2 (I) R ESEARCH ON POTENTIAL HISTORICAL AND ONGOING EFFECTS 3 OF SLAVERY AND SUBSEQUENT SYSTEMIC RACISM ON BLACK COLORADANS4 IN THE FOLLOWING SUBJECT AREAS : ACCESS TO ASSET AND WEALTH5 BUILDING, INCLUDING RESIDENTIAL AND COMMERCIAL LOANS , CAPITAL6 INVESTMENTS, AND GRANTS FOR BUSINESSES ; TAX POLICY; K-127 EDUCATION; POSTSECONDARY EDUCATION, INCLUDING HIGHER EDUCATION8 AND WORKFORCE TRAINING PROGRAMS ; HOME OWNERSHIP AND ACCESS TO9 HOUSING AS AN OWNER OR TENANT ; HEALTH DISPARITIES AND ACCESS TO10 HEALTH CARE; POLICING AND POLICE BRUTALITY; INCARCERATION FOR11 CRIMES; AND OVERALL TREATMENT OF BLACK COLORADANS AND TRENDS12 IN THE CRIMINAL JUSTICE SYSTEM . THE SOCIETY SHALL FOCUS ITS13 RESEARCH IN THE SUBJECT AREAS BASED ON GUIDANCE FROM THE14 COMMISSION ABOUT SPECIFIC TOPICS FOR STUDY WITHIN THE SUBJECT15 AREAS.16 (II) R ESEARCH INTO THE EXTENT STATE GOVERNMENTAL ENTITIES ' 17 POLICIES, SYSTEMS, AND PRACTICES MAY HAVE CONTRIBUTED TO ANY18 HARM CAUSED TO HISTORICALLY IMPACTED BLACK COLORADANS.19 (b) I N CONDUCTING THE HISTORICAL RESEARCH , THE SOCIETY MAY 20 CONSIDER AND INCORPORATE OTHER RESEARCH AND STUDIES THAT ARE21 RELEVANT TO THE SUBJECT AREAS DESCRIBED IN THIS SUBSECTION (1). 22 (2) (a) T HE SOCIETY SHALL CONDUCT AT LEAST TWO COMMUNITY 23 ENGAGEMENT SESSIONS IN DIFFERENT GEOGRAPHIC LOCATIONS IN THE24 STATE FOR THE PUBLIC TO OFFER INPUT BASED ON LIVED EXPERIENCE WITH25 STATE GOVERNMENTAL ENTITIES , POLICIES, SYSTEMS, AND PRACTICES26 THAT HAVE RESULTED IN SYSTEMIC RACISM AND DISCRIMINATION AGAINST27 053 -12- HISTORICALLY IMPACTED BLACK COLORADANS AND THEIR IMPACT ON1 INDIVIDUALS, FAMILIES, AND THE COMMUNITY AS A WHOLE . EACH2 COMMUNITY ENGAGEMENT SESSION MUST BE HELD AT A TIME AND IN A3 PLACE THAT THE COMMISSION DETERMINES IS SUFFICIENT TO MAXIMIZE4 ATTENDANCE. THE SOCIETY SHALL ALLOW MEMBERS OF THE PUBLIC TO5 PARTICIPATE AND PROVIDE COMMENTS IN PERSON , REMOTELY, AND IN6 WRITING.7 (b) T HE SOCIETY MAY CONDUCT ADDITIONAL COMMUNITY 8 ENGAGEMENT SESSIONS OR ENGAGE WITH THE COMMUNITY THROUGH9 INTERVIEWS AND OTHER METHODS DETERMINED BY THE SOCIETY .10 (3) T HE SOCIETY MAY ENTER INTO AN AGREEMENT WITH ONE OR 11 MORE THIRD-PARTY ENTITIES TO CONDUCT ALL OR PART OF THE12 HISTORICAL RESEARCH.13 (4) B EGINNING THREE MONTHS AFTER THE EFFECTIVE DATE OF 14 THIS SECTION, THE SOCIETY SHALL PROVIDE THE COMMISSION WITH15 QUARTERLY UPDATES ABOUT THE STATUS OF THE STUDY . THE SOCIETY16 SHALL CONSIDER THE COMMISSION 'S FEEDBACK ON THE UPDATES.17 (5) N O LATER THAN TWO YEARS AND SIX MONTHS AFTER THE 18 EFFECTIVE DATE OF THIS SECTION, THE SOCIETY SHALL SUBMIT A REPORT19 TO THE COMMISSION WITH THE RESULTS OF ITS HISTORICAL RESEARCH20 CONDUCTED PURSUANT TO THIS SECTION AND ANY RECOMMENDATIONS OF21 THE SOCIETY.22 2-2-2306. Black Coloradan racial equity study - economic23 analysis - contractor. (1) T HE COMMISSION SHALL ENTER INTO AN 24 AGREEMENT WITH ONE OR MORE THIRD -PARTY ENTITIES TO CONDUCT AN25 ECONOMIC ANALYSIS OF THE FINANCIAL IMPACT OF SYSTEMIC RACISM ON26 HISTORICALLY IMPACTED BLACK COLORADANS UTILIZING THE FINDINGS27 053 -13- OF THE HISTORICAL RESEARCH AND , IF FEASIBLE, AN ESTIMATION OF THE1 FINANCIAL IMPACT ON COLORADO'S ECONOMY RESULTING FROM STATE2 GOVERNMENTAL ENTITIES , POLICIES, SYSTEMS, AND PRACTICES IN3 C OLORADO. 4 (2) (a) T HE THIRD-PARTY ENTITY SHALL BEGIN CONDUCTING ITS 5 ECONOMIC ANALYSIS AFTER THE SOCIETY HAS COMPLETED ITS RESEARCH6 AND NO LATER THAN THE DATE THAT THE COMMISSION RECEIVES THE7 HISTORICAL RESEARCH REPORT FROM THE SOCIETY PURSUANT TO SECTION8 2-2-2305 (5). 9 (b) N O LATER THAN SIX MONTHS AFTER BEGINNING TO CONDUCT 10 ITS ECONOMIC ANALYSIS, THE THIRD-PARTY ENTITY SHALL DELIVER THE11 RESULTS OF ITS ANALYSIS TO THE COMMISSION .12 2-2-2307. Black Coloradan racial equity study - report -13 presentation to legislative committees. (1) N O LATER THAN THREE 14 YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION , THE COMMISSION15 SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY AND THE GOVERNOR16 ABOUT THE STUDY. THE COMMISSION SHALL PROVIDE THE REPORT TO THE17 STATE BOARD OF EDUCATION , THE COLORADO COMMISSION ON HIGHER18 EDUCATION, THE COLORADO ATTORNEY GENERAL , AND THE HEALTH19 EQUITY COMMISSION CREATED IN SECTION 25-4-2206, AND MAKE THE20 REPORT AVAILABLE ON A PUBLICLY ACCESSIBLE WEBPAGE OF THE21 GENERAL ASSEMBLY'S WEBSITE. THE REPORT MUST INCLUDE:22 (a) A DESCRIPTION OF THE STUDY'S GOALS; 23 (b) T HE RESULTS OF THE HISTORICAL RESEARCH AND ECONOMIC 24 ANALYSIS;25 (c) R ECOMMENDATIONS THAT ARE CONSISTENT WITH THE 26 CONSTITUTION TO ADDRESS ANY PAST HARM POTENTIALLY CAUSED BY27 053 -14- GOVERNMENTAL ENTITIES, POLICIES, SYSTEMS, AND PRACTICES THAT ARE1 DISCOVERED THROUGH THE STUDY ;2 (d) R ECOMMENDATIONS ABOUT HOW OUTCOMES OF THE 3 HISTORICAL RESEARCH AND ECONOMIC ASSESSMENTS OF PAST HARM4 POTENTIALLY CAUSED TO BLACK COLORADANS BY THE PRACTICES,5 SYSTEMS, AND POLICIES OF THE STATE CAN BE INCORPORATED INTO THE6 STATE HISTORY STANDARDS FOR K-12 STUDENTS; AND7 (e) R ECOMMENDATIONS ABOUT HOW TO INCREASE PUBLIC 8 AWARENESS ABOUT RESEARCH AND ECONOMIC ASSESSMENTS OF PAST9 HARM POTENTIALLY CAUSED TO HISTORICALLY IMPACTED BLACK10 C OLORADANS BY GOVERNMENTAL ENTITIES , POLICIES, SYSTEMS, AND 11 PRACTICES.12 (2) T HE COMMISSION SHALL PRESENT THE REPORT DESCRIBED IN 13 THIS SECTION TO THE HOUSE OF REPRESENTATIVES STATE , CIVIC,14 MILITARY, AND VETERANS AFFAIRS COMMITTEE AND THE SENATE STATE ,15 VETERANS, AND MILITARY AFFAIRS COMMITTEE , OR THEIR SUCCESSOR16 COMMITTEES, DURING THE NEXT REGULAR LEGISLATIVE SESSION THAT17 BEGINS AFTER THE REPORT IS SUBMITTED TO THE GENERAL ASSEMBLY AND18 GOVERNOR OR, IF THE GENERAL ASSEMBLY IS IN REGULAR SESSION WHEN19 THE REPORT IS SUBMITTED AND UPON REQUEST OF THE CHAIR OF THE20 COMMITTEE, DURING THAT ONGOING REGULAR LEGISLATIVE SESSION .21 2-2-2308. Gifts, grants, and donations - cash fund. (1) T HE 22 COMMISSION MAY SEEK , ACCEPT, AND EXPEND GIFTS, GRANTS, OR23 DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS24 SECTION. THE COMMISSION SHALL TRANSMIT ALL MONEY RECEIVED25 THROUGH GIFTS, GRANTS, OR DONATIONS TO THE STATE TREASURER, WHO26 SHALL CREDIT THE MONEY TO THE BLACK COLORADAN RACIAL EQUITY27 053 -15- STUDY CASH FUND CREATED IN THIS SECTION .1 (2) T HE COMMISSION MAY ACCEPT DONATIONS OF IN -KIND 2 SERVICES FOR THE PURPOSES OF THIS SECTION, INCLUDING FOR TECHNICAL3 ASSISTANCE.4 (3) (a) T HE BLACK COLORADAN RACIAL EQUITY STUDY CASH FUND 5 IS CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF GIFTS,6 GRANTS, AND DONATIONS CREDITED TO THE FUND PURSUANT TO7 SUBSECTION (1) OF THIS SECTION AND ANY OTHER MONEY THAT THE8 GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND . THE9 STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED10 FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE11 FUND.12 (b) M ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED AS 13 FOLLOWS:14 (I) T O THE LEGISLATIVE COUNCIL FOR THE COMMISSION TO CARRY 15 OUT THIS PART 23; AND16 (II) T O THE SOCIETY FOR CONDUCTING HISTORICAL RESEARCH 17 PURSUANT TO SECTION 2-2-2305.18 (c) (I) I F BY JUNE 30, 2025, THE MONEY IN THE FUND HAS NEVER 19 REACHED OR EXCEEDED SEVEN HUNDRED EIGHTY -FIVE THOUSAND20 DOLLARS, THE STATE TREASURER SHALL RETURN FROM THE FUND TO THE21 GRANTOR OR DONOR THE AMOUNT OF THE GRANTOR 'S OR DONOR'S GIFTS,22 GRANTS, OR DONATIONS.23 (II) I F SECTIONS 2-2-2304, 2-2-2305, 2-2-2306, AND 2-2-2307 24 TAKE EFFECT PURSUANT TO SECTION 2-2-2309 (1), ON THE DAY PRIOR TO25 THE REPEAL OF THE FUND FOUR YEARS LATER PURSUANT TO SECTION26 2-2-2309 (2), THE STATE TREASURER SHALL RETURN FROM THE FUND TO 27 053 -16- EACH GRANTOR OR DONOR THE MONEY REMAINING IN THE F UND IN AN1 AMOUNT THAT IS PROPORTIONAL TO THE GRANTOR 'S OR DONOR'S SHARE2 OF THE TOTAL AMOUNT OF GIFTS, GRANTS, OR DONATIONS DEPOSITED TO3 THE FUND.4 (III) I F ANY MONEY REMAINS IN THE FUND AFTER THE STATE 5 TREASURER RETURNS MONEY TO DONORS OR GRANTORS PURSUANT TO6 SUBSECTION (3)(c)(I) OR (3)(c)(II) OF THIS SECTION, AS APPLICABLE, THE7 STATE TREASURER SHALL, PRIOR TO THE REPEAL OF THE FUND, TRANSFER8 ALL UNEXPENDED AND UNENCUMBERED MONEY IN THE FUND TO THE9 GENERAL FUND.10 2-2-2309. Effective dates - repeal of part. (1) S ECTIONS 11 2-2-2304, 2-2-2305, 2-2-2306, AND 2-2-2307 WILL TAKE EFFECT IF THE 12 COMMISSION RECEIVES SEVEN HUNDRED EIGHTY -FIVE THOUSAND DOLLARS13 OF GIFTS, GRANTS, OR DONATIONS FOR THE PURPOSES OF THIS PART 23.14 T HE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL SHALL NOTIFY 15 THE REVISOR OF STATUTES IN WRITING OF THE DATE ON WHICH THE16 CONDITION SPECIFIED IN THIS SUBSECTION (1) HAS OCCURRED BY17 E-MAILING THE NOTICE TO REVISOROFSTATUTES .GA@COLEG.GOV.18 S ECTIONS 2-2-2304, 2-2-2305, 2-2-2306, AND 2-2-2307 TAKE EFFECT 19 UPON THE DATE IDENTIFIED IN THE NOTICE THAT THE SOCIETY HAS20 RECEIVED SEVEN HUNDRED EIGHTY -FIVE THOUSAND DOLLARS OF GIFTS ,21 GRANTS, OR DONATIONS FOR THE PURPOSES OF THIS SECTION OR , IF THE22 NOTICE DOES NOT SPECIFY THAT DATE, UPON THE DATE OF THE NOTICE TO23 THE REVISOR OF STATUTES.24 (2) T HIS PART 23 IS REPEALED, EFFECTIVE JULY 1, 2025; EXCEPT 25 THAT, IF THE REVISOR OF STATUTES RECEIVES NOTICE PURSUANT TO THIS26 SECTION, THEN THIS PART 23 IS REPEALED, EFFECTIVE FOUR YEARS AFTER27 053 -17- SECTIONS 2-2-2304, 2-2-2305, 2-2-2306, AND 2-2-2307 TAKE EFFECT.1 SECTION 2. In Colorado Revised Statutes, 24-80-211, add (2)2 as follows:3 24-80-211. Society and division - duties - repeal. (2) (a) 4 S UBJECT TO AVAILABLE MONEY , THE STATE HISTORICAL SOCIETY SHALL 5 CONDUCT HISTORICAL RESEARCH AS DESCRIBED IN PART 23 OF ARTICLE 26 OF TITLE 2.7 (b) T HIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2025; 8 EXCEPT THAT, IF THE REVISOR OF STATUTES RECEIVES NOTICE PURSUANT9 TO SECTION 2-2-2309 (1), THEN THIS SUBSECTION (2) IS REPEALED,10 EFFECTIVE FOUR YEARS AFTER THE DATE OF THE NOTICE TO THE REVISOR11 OF STATUTES.12 SECTION 3. Act subject to petition - effective date. This act13 takes effect at 12:01 a.m. on the day following the expiration of the14 ninety-day period after final adjournment of the general assembly; except15 that, if a referendum petition is filed pursuant to section 1 (3) of article V16 of the state constitution against this act or an item, section, or part of this17 act within such period, then the act, item, section, or part will not take18 effect unless approved by the people at the general election to be held in19 November 2024 and, in such case, will take effect on the date of the20 official declaration of the vote thereon by the governor.21 22 053 -18-