SENATE BILL 24-053
BY SENATOR(S) Coleman, Bridges, Buckner, Cutter, Exum, Fields,
Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Marchman,
Michaelson Jenet, Mullica, Priola, Roberts, Rodriguez, Sullivan, Winter F.,
Zenzinger;
also REPRESENTATIVE(S) Herod and Ricks, Amabile, Bird,
Boesenecker, Brown, Clifford, Daugherty, deGruy Kennedy, Duran,
English, Froelich, Hamrick, Hernandez, Jodeh, Joseph, Kipp, Lieder,
Lindsay, Lindstedt, Lukens, Mabrey, Marshall, Martinez, Marvin, Mauro,
McLachlan, Ortiz, Parenti, Rutinel, Sirota, Snyder, Story, Titone, Valdez,
Velasco, Vigil, Weissman, Willford, Woodrow, Young, McCluskie.
C
ONCERNING AN EVALUATION OF RACIAL EQUITY FOR BLACK COLORADANS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add part 23 to article
2 of title 2 as follows:
PART 23
BLACK COLORADAN RACIAL EQUITY STUDY
2-2-2301. Legislative declaration. (1) (a) T
HE GENERAL ASSEMBLY
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. FINDS, DETERMINES, AND DECLARES THAT:
(I) T
HE LEGACY OF SLAVERY , RACIAL DISCRIMINATION, AND
SYSTEMIC RACISM HAS HARMED
BLACK COLORADANS AND CONTINUES TO
HARM
BLACK COLORADANS IN MATERIAL WAYS . BLACK INDIVIDUALS AND
COMMUNITIES
, WHOSE UNPAID LABOR FORMED THE BASIS FOR WEALTH AND
POWER IN THIS COUNTRY
, ARE OWED THE OPPORTUNITY AND RESOURCES TO
BUILD WEALTH AND POWER FOR THEMSELVES
. LIKE MANY WESTERN STATES,
C
OLORADO IS WIDELY PERCEIVED AS HISTORICALLY ABSTINENT FROM
PARTICIPATING IN SLAVERY
. HOWEVER, SLAVERY WAS ONLY FULLY
ABOLISHED IN THE
COLORADO CONSTITUTION IN 2018.
(II) C
OLORADO DEMONSTRATES A TRACK RECORD OF RACIAL
DISCRIMINATION
, RESULTING DIRECTLY IN RACIAL DISPARITIES . THE KU
KLUX KLAN WIELDED GREAT INFLUENCE AND POWER IN DENVER AND IN
STATE POLITICS IN THE
1920S. MAJOR COLORADO TOWNS SUCH AS DENVER,
G
RAND JUNCTION, PUEBLO, AND CANON CITY WERE HOTBEDS OF KLAN
ACTIVITY
. THE KLAN IN COLORADO PEAKED IN 1925. BY THIS TIME, IT HAD
INFILTRATED ALL LEVELS OF THE STATE GOVERNMENT
. THE KLAN
CONTROLLED MANY MEMBERS OF THE LEGISLATURE
, HELD A STATE SUPREME
COURT JUDGESHIP AND SEVEN
DENVER DISTRICT COURT BENCHES, AND HAD
CONTROLLING MAJORITIES IN SOME TOWN COUNCILS
. SOME OF THE MOST
NOTABLE KLANSMEN AT THE TIME INCLUDED THE MAYOR AND POLICE CHIEF
OF
DENVER AND THE GOVERNOR OF COLORADO.
(III) T
HE IMPACT OF THOSE IN POWER TRANSPIRES INTO POLICIES ,
SYSTEMS, AND PRACTICES ADOPTED AT THE STATE LEVEL . THOSE POLICIES,
SYSTEMS, AND PRACTICES ARE BUILT UPON OVER DECADES AND FURTHER
INGRAIN INEQUITIES THAT HAVE A DISPARATE IMPACT ON
BLACK
COLORADANS.
(IV) I
N 2020, THE HOME OWNERSHIP GAP BETWEEN BLACK AND
WHITE COLORADANS WAS THIRTY -ONE PERCENT. JUST TWENTY-FIVE
PERCENT OF ADULT
BLACK COLORADANS HAVE EARNED A POSTSECONDARY
DEGREE OR CREDENTIAL
, WHILE NINETY-ONE AND FOUR-TENTHS PERCENT OF
TIER ONE JOBS IDENTIFIED IN THE
COLORADO WORKFORCE DEVELOPMENT
COUNCIL
'S 2022 TALENT PIPELINE REPORT AND SEVENTY AND FOUR -TENTHS
PERCENT OF TIER TWO JOBS REQUIRE A POSTSECONDARY CREDENTIAL
. IN
COLORADO, BLACK INDIVIDUALS CONSTITUTE FIVE PERCENT OF THE
POPULATION BUT SEVENTEEN PERCENT OF THOSE IN JAIL AND EIGHTEEN
PAGE 2-SENATE BILL 24-053 PERCENT OF THOSE IN PRISON. AT THIRTEEN AND SEVEN-TENTHS PERCENT
UNEMPLOYMENT
, BLACK WORKERS IN COLORADO FACED HIGHER
UNEMPLOYMENT RATES THAN OTHER RACIAL GROUPS SURVEYED BETWEEN
MAY 2021 AND APRIL 2022. BLACK COLORADANS EXPERIENCE A WIDE
ARRAY OF NEGATIVE HEALTH OUTCOMES AT RATES THAT ARE
DISPROPORTIONATE TO
WHITE COLORADANS IN THE FOLLOWING AREAS :
F
OOD INSECURITY, INFANT MORTALITY, CHILDHOOD ASTHMA, DIABETES,
AND HIV AND AIDS. THE AVERAGE BLACK COLORADAN HAS A LIFE
EXPECTANCY NEARLY THREE YEARS FEWER THAN THE AVERAGE
WHITE
COLORADAN.
(V) D
ISPARITIES IN BOTH K-12 EDUCATION AND POSTSECONDARY
TRAINING
, INCLUDING HIGHER EDUCATION AND WORKFORCE TRAINING ;
HOME OWNERSHIP; HEALTH DISPARITIES AND ACCESS TO HEALTH CARE ; AND
A SYSTEMICALLY UNJUST CRIMINAL JUSTICE SYSTEM
, COMBINED WITH
POLICE BRUTALITY
, HAVE CONTRIBUTED TO A REALITY IN WHICH HALF OF
BLACK FAMILIES IN COLORADO ARE CONSIDERED LOW -INCOME. A LACK OF
ACCESS TO ECONOMIC MOBILITY AND FINANCIAL PROSPERITY HAS IMPACTED
BLACK COLORADANS FOR GENERATIONS . BLACK COLORADANS' LOST
EARNINGS AND ASSETS DETRACT FROM
COLORADO'S LABOR FORCE AND TAX
BASE
, AS WELL AS THE GROWTH OF COLORADO'S ECONOMY.
(VI) R
ACIAL EQUITY STUDIES ARE TOOLS USED TO QUALIFY AND
QUANTIFY PAST DISCRIMINATION AND RECOMMEND CERTAIN CORRECTIVE
MEASURES AS MAY BE WARRANTED BY THE STUDY
'S FINDINGS.
(b) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT AN
INDEPENDENT STUDY MUST BE CONDUCTED AND A STEERING COMMITTEE BE
CREATED IN THE STATE HISTORICAL SOCIETY TO DETERMINE THE EXTENT TO
WHICH
BLACK COLORADANS HAVE EXPERIENCED AND CONTINUE TO
EXPERIENCE RACIAL DISCRIMINATION DIRECTLY LINKED TO HARMFUL
PRACTICES
, SYSTEMS, AND POLICIES OF THE STATE AND TO QUANTIFY THE
ECONOMIC IMPACTS OF ANY DISCRIMINATION DISCOVERED DURING THE
STUDY
.
2-2-2302. Definitions. A
S USED IN THIS PART 23, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "C
OMMISSION" MEANS THE BLACK COLORADAN RACIAL EQUITY
STUDY COMMISSION CREATED IN SECTION
2-2-2303.
PAGE 3-SENATE BILL 24-053 (2) "ECONOMIC ANALYSIS" MEANS THE ECONOMIC ANALYSIS
CONDUCTED BY A THIRD
-PARTY ENTITY PURSUANT TO SECTION 2-2-2306.
(3) "F
UND" MEANS THE BLACK COLORADAN RACIAL EQUITY STUDY
CASH FUND CREATED IN SECTION
2-2-2308.
(4) "H
ISTORICALLY IMPACTED BLACK COLORADANS" OR "BLACK
COLORADANS" MEANS AFRICAN AMERICAN PERSONS , INCLUDING
INDIVIDUALS WHO HAVE ORIGINS IN ANY OF THE
BLACK RACIAL GROUPS,
WHO HAVE RESIDED OR WHO ARE RESIDING IN COLORADO.
(5) "H
ISTORICAL RESEARCH" MEANS THE HISTORICAL RESEARCH
CONDUCTED BY THE STATE HISTORICAL SOCIETY PURSUANT TO SECTION
2-2-2305.
(6) "S
TATE HISTORICAL SOCIETY" OR "SOCIETY" MEANS THE STATE
HISTORICAL SOCIETY ESTABLISHED IN SECTION
24-80-201 AND COMMONLY
KNOWN AS HISTORY
COLORADO.
(7) "S
TUDY" MEANS THE STUDY TO DETERMINE ANY POTENTIAL
HISTORICAL AND ONGOING EFFECTS OF SLAVERY AND SUBSEQUENT SYSTEMIC
RACISM ON
BLACK COLORADANS CONDUCTED PURSUANT TO THIS PART 23.
(8) "T
HIRD-PARTY ENTITY" MEANS AN ENTITY THAT SATISFIES THE
QUALIFICATIONS SET FORTH IN SECTION
2-2-2303 (2) AND THAT HAS
ENTERED INTO AN AGREEMENT WITH THE COMMISSION OR WITH THE SOCIETY
TO CONDUCT ALL OR PART OF THE HISTORICAL RESEARCH
.
2-2-2303. Black Coloradan racial equity study - third-party
entity qualifications - commission created - membership - staff support
- legislative intent. (1) (a) T
HERE IS ESTABLISHED IN THE LEGISLATIVE
DEPARTMENT THE
BLACK COLORADAN RACIAL EQUITY STUDY COMMISSION
TO CONDUCT A ST UDY TO DETERMINE
, AND MAKE RECOMMENDATIONS
RELATED TO
, ANY POTENTIAL HISTORICAL AND ONGOING EFFECTS OF
SLAVERY AND SUBSEQUENT SYSTEMIC RACISM ON
BLACK COLORADANS
THAT MAY BE ATTRIBUTED TO PRACTICES
, SYSTEMS, AND POLICIES OF THE
STATE
. THE COMMISSION IS ONLY REQUIRED TO CONDUCT A STUDY IF ,
PURSUANT TO SECTION 2-2-2309, SECTIONS 2-2-2304, 2-2-2305, 2-2-2306,
AND 2-2-2307 BECOME EFFECTIVE. THE GOALS OF THE STUDY ARE TO:
PAGE 4-SENATE BILL 24-053 (I) DETERMINE THE EXTENT TO WHICH BLACK COLORADANS HAVE
EXPERIENCED AND CONTINUE TO EXPERIENCE RACIAL DISCRIMINATION
DIRECTLY LINKED TO HARMFUL PRACTICES
, SYSTEMS, AND POLICIES OF THE
STATE THAT HAVE EXISTED HISTORICALLY OR THAT CONTINUE TO EXIST
;
(II) Q
UANTIFY THE ECONOMIC IMPACT ON BLACK COLORADANS,
INCLUDING IMPACTS ON INDIVIDUALS AND FAMILIES , OF ANY
DISCRIMINATION DISCOVERED DURING THE STUDY
, TO THE EXTENT THAT THE
STUDY ESTABLISHES THAT DISPARITIES ATTRIBUTABLE TO PAST OR PRESENT
DISCRIMINATION EXIST
; AND
(III) IDENTIFY MEASURES THAT ARE CONSISTENT WITH THE
CONSTITUTION TO ADDRESS THE EFFECTS OF DISCRIMINATION THAT MAY BE
ATTRIBUTED TO PRACTICES
, SYSTEMS, AND POLICIES OF THE STATE.
(b) T
HE STUDY INCLUDES HISTORICAL RESEARCH CONDUCTED BY THE
SOCIETY PURSUANT TO SECTION
2-2-2305 AND AN ECONOMIC ANALYSIS
CONDUCTED PURSUANT TO SECTION
2-2-2306.
(c) (I) I
T IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE STUDY
BE FUNDED ENTIRELY BY GIFTS
, GRANTS, AND DONATIONS; THAT GIFTS,
GRANTS, AND DONATIONS WILL BE RECEIVED THROUGHOUT THE COURSE OF
THE STUDY
; AND THAT NO ADDITIONAL GENERAL F UND MONEY BE
APPROPRIATED FOR THE IMPLEMENTATION OF THE STUDY
.
(II) T
HE STUDY IS CONTINGENT ON MONEY BEING AVAILABLE TO
CARRY OUT THE STUDY
. IF MONEY IS NOT AVAILABLE FOR THE COMMISSION ,
STATE HISTORICAL SOCIETY, OR ANY OTHER ENTITY TO CARRY OUT ITS
DUTIES REQUIRED PURSUANT TO THIS PART
23, THE COMMISSION, SOCIETY,
OR ENTITY IS NOT REQUIRED TO CARRY OUT THE DUTIES . A CONTRACT WITH
A THIRD
-PARTY ENTITY MUST PROVIDE THAT THE CONTRACT IS CONTINGENT
ON FUNDS BEING AVAILABLE FOR THAT PURPOSE
.
(2) (a) A
THIRD-PARTY ENTITY THAT ENTERS INTO AN AGREEMENT
WITH THE COMMISSION OR SOCIETY TO CONDUCT ECONOMIC ANALYSIS OR
RESEARCH PURSUANT TO THIS PART
23 MUST HAVE:
(I) E
XPERIENCE WORKING WITH BLACK COMMUNITIES;
(II) A
N UNDERSTANDING OF BLACK HISTORY AND CULTURE , WITH
PAGE 5-SENATE BILL 24-053 DEMONSTRATED EXPERIENCE WORKING ON ISSUES RELATED TO BLACK
HISTORY
, SOCIAL EQUITY, CIVIL RIGHTS, AND ECONOMIC MOBILITY; AND
(III) AN UNDERSTANDING OF THE IMPACT OF TRAUMA AND HOW IT
PASSES THROUGH GENERATIONS
.
(b) T
HE THIRD-PARTY ENTITY MAY BE FROM OUTSIDE COLORADO.
(3) (a) T
HE COMMISSION CONSISTS OF THE FOLLOWING MEMBERS :
(I) T
HE FOLLOWING MEMBERS , APPOINTED BY THE GOVERNOR:
(A) O
NE PERSON WHO HAS EXPERTISE IN QUANTIFYING THE
ECONOMIC IMPACTS ON HISTORICALLY IMPACTED
BLACK COLORADANS;
(B) O
NE COMMUNITY REPRESENTATIVE WITH A TRACK RECORD OF
PUBLIC SERVICE WITH HISTORICALLY IMPACTED
BLACK COLORADANS;
(C) O
NE PERSON WHO HAS LEGAL EXPERTISE IN CONSTITUTIONAL
LAW AND RACIAL JUSTICE
; AND
(D) ONE PERSON WHO IS A HISTORIAN WITH EXPERTISE IN THE
HISTORY OF
BLACK COLORADANS;
(II) T
HE FOLLOWING MEMBERS, APPOINTED BY THE SPEAKER OF THE
HOUSE OF REPRESENTATIVES
:
(A) O
NE PERSON WHO HAS EXPERTISE IN QUANTIFYING THE
ECONOMIC IMPACTS ON HISTORICALLY IMPACTED
BLACK COLORADANS;
(B) O
NE PERSON WHO HAS EXPERTISE IN RESEARCHING THE HISTORY
AND IMPACT OF SLAVERY AND SYSTEMIC RACISM ON
BLACK COLORADANS;
(C) O
NE COMMUNITY REPRESENTATIVE WITH A TRACK RECORD OF
PUBLIC SERVICE WITH HISTORICALLY IMPACTED
BLACK COLORADANS; AND
(D) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES ; AND
(III) THE FOLLOWING MEMBERS , APPOINTED BY THE PRESIDENT OF
THE SENATE
:
PAGE 6-SENATE BILL 24-053 (A) ONE PERSON WHO HAS LEGAL EXPERTISE IN CONSTITUTIONAL
LAW AND RACIAL JUSTICE
;
(B) O
NE PERSON WHO HAS EXPERTISE IN RESEARCHING THE HISTORY
AND IMPACT OF SLAVERY ON
BLACK COLORADANS;
(C) O
NE COMMUNITY REPRESENTATIVE WITH A TRACK RECORD OF
PUBLIC SERVICE WITH HISTORICALLY IMPACTED
BLACK COLORADANS; AND
(D) TWO MEMBERS OF THE SENATE .
(b) T
HE PRESIDENT OF THE SENATE SHALL APPOINT ONE OF THE
MEMBERS OF THE COMMISSION WHO IS A SENATOR AS THE CHAIR OF THE
COMMISSION
. THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL
APPOINT ONE OF THE MEMBERS OF THE COMMISSION WHO IS A MEMBER OF
THE HOUSE OF REPRESENTATIVES AS THE VICE
-CHAIR OF THE COMMISSION.
(c) T
HE APPOINTING AUTHORITIES SHALL APPOINT MEMBERS OF THE
COMMISSION AS SOON AS POSSIBLE AFTER THE EFFECTIVE DATE OF THIS
SUBSECTION
(3), BUT NO LATER THAN SEPTEMBER 1, 2024. THE TERM OF
APPOINTMENT IS FOR THE DURATION OF THE COMMISSION
'S EXISTENCE. IF A
VACANCY ARISES ON THE COMMISSION
, THE APPOINTING AUTHORITY SHALL
APPOINT A REPLACEMENT TO FILL THE VACANCY AS SOON AS POSSIBLE
.
(d) N
ONLEGISLATIVE MEMBERS OF THE COMMISSION SERVE WITHOUT
COMPENSATION BUT ARE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND
NECESSARY EXPENSES INCURRED IN THE DISCHARGE OF THE MEMBERS
'
DUTIES.
(e) T
HE LEGISLATIVE COUNCIL STAFF SHALL ASSIST THE COMMISSION
IN CARRYING OUT ITS DUTIES
; EXCEPT THAT LEGISLATIVE COUNCIL STAFF
SHALL NOT
:
(I) C
ONDUCT RESEARCH FOR THE COMMISSION OR DRAFT THE REPORT
REQUIRED PURSUANT TO SECTION
2-2-2307;
(II) O
RGANIZE OR OTHERWISE FACILITATE A COMMUNITY
ENGAGEMENT SESSION DESCRIBED IN SECTION
2-2-2305 (2); AND
(III) TRAVEL FOR THE PURPOSE OF ASSISTING THE COMMISSION ,
PAGE 7-SENATE BILL 24-053 UNLESS AUTHORIZED BY THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE
COUNCIL
.
2-2-2304. Commission - meetings - duties. (1) (a) T
HE CHAIR OF
THE COMMISSION SHALL CONVENE THE FIRST MEETING OF THE COMMISSION
NO LATER THAN FORTY
-TWO DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION
.
(b) T
HE COMMISSION SHALL NOT MEET MORE THAN SIX TIMES IN A
CALENDAR YEAR AND SHALL NOT MEET DURING THE LEGISLATIVE SESSION
;
EXCEPT THAT:
(I) M
EETINGS WITHIN THE FIRST THREE MONTHS AFTER THE
EFFECTIVE DATE OF THIS SECTION DO NOT COUNT TOWARD THE SIX
-MEETING
LIMIT
; AND
(II) THE COMMISSION MAY MEET ONCE DURING A LEGISLATIVE
SESSION FOLLOWING RECEIPT OF A QUARTERLY UPDATE FROM THE SOCIETY
PURSUANT TO SECTION
2-2-2305 (4).
(c) M
EMBERS OF THE COMMISSION MAY PARTICIPATE REMOTELY IN
COMMITTEE MEETINGS
.
(d) T
HE COMMISSION MAY NOT TRAVEL UNLESS AUTHORIZED BY THE
EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL
; EXCEPT THAT
MEMBERS OF THE COMMISSION MAY TRAVEL TO PARTICIPATE IN A
COMMUNITY ENGAGEMENT SESSION DESCRIBED IN SECTION
2-2-2305 (2).
(2) T
HE COMMISSION SHALL:
(a) C
OLLABORATE WITH THE SOCIETY ABOUT THE STUDY 'S SCOPE OF
RESEARCH IN THE SUBJECT AREAS DESCRIBED IN SECTION
2-2-2305 (1);
(b) I
F THE SOCIETY ENTERS INTO AN AGREEMENT WITH A
THIRD
-PARTY ENTITY TO CONDUCT ALL OR PART OF THE HISTORICAL
RESEARCH
, ASSIST WITH THE DEVELOPMENT OF A RUBRIC FOR SELECTING THE
ENTITY
;
(c) C
OLLABORATE WITH THE SOCIETY ABOUT DETERMINING THE
TIMING AND GEOGRAPHIC REACH FOR EACH COMMUNITY ENGAGEMENT
PAGE 8-SENATE BILL 24-053 SESSION DESCRIBED IN SECTION 2-2-2305 (2) TO MAXIMIZE ATTENDANCE AT
THE SESSION
, CONSULT WITH THE SOCIETY ABOUT WHETHER TO HOLD
ADDITIONAL COMMUNITY ENGAGEMENT SESSIONS
, AND HELP THE SOCIETY
MAXIMIZE ATTENDANCE AT THE COMMUNITY ENGAGEMENT SESSIONS
;
(d) P
ROVIDE FEEDBACK TO THE SOCIETY FOLLOWING THE RECEIPT OF
UPDATES ABOUT THE HISTORICAL RESEARCH
;
(e) E
NTER INTO AN AGREEMENT WITH ONE OR MORE THIRD -PARTY
ENTITIES TO CONDUCT AN ECONOMIC ANALYSIS
, AS DESCRIBED IN SECTION
2-2-2306; AND
(f) DRAFT AND SUBMIT THE REPORT REQUIRED PURSUANT TO
SECTION
2-2-2307.
(3) A
FTER THE COMMISSION SUBMITS THE REPORT TO THE GENERAL
ASSEMBLY AND GOVERNOR PURSUANT TO SECTION
2-2-2307 (1), THE
COMMISSION SHALL WORK WITH ANY PARTIES NECESSARY
, INCLUDING
MEMBERS OF THE GENERAL ASSEMBLY
, TO IMPLEMENT THE
RECOMMENDATIONS IN THE REPORT
.
2-2-2305. Black Coloradan racial equity study - historical
research. (1) (a) A
S PART OF THE STUDY, THE STATE HISTORICAL SOCIETY
SHALL CONDUCT HISTORICAL RESEARCH TO DETERMINE ANY POTENTIAL
HISTORICAL AND ONGOING EFFECTS OF SLAVERY AND SUBSEQUENT SYSTEMIC
RACISM ON
BLACK COLORADANS THAT MAY BE ATTRIBUTED TO PRACTICES ,
SYSTEMS, AND POLICIES OF THE STATE. THE HISTORICAL RESEARCH MUST
FOCUS ON AND INCLUDE ALL OF THE FOLLOWING
, AS EACH MAY BE
ATTRIBUTABLE TO STATE GOVERNMENTAL ENTITIES
, POLICIES, SYSTEMS,
AND PRACTICES:
(I) R
ESEARCH ON POTENTIAL HISTORICAL AND ONGOING EFFECTS OF
SLAVERY AND SUBSEQUENT SYSTEMIC RACISM ON
BLACK COLORADANS IN
THE FOLLOWING SUBJECT AREAS
: ACCESS TO ASSET AND WEALTH BUILDING,
INCLUDING RESIDENTIAL AND COMMERCIAL LOANS , CAPITAL INVESTMENTS,
AND GRANTS FOR BUSINESSES ; TAX POLICY; K-12 EDUCATION;
POSTSECONDARY EDUCATION , INCLUDING HIGHER EDUCATION AND
WORKFORCE TRAINING PROGRAMS
; HOME OWNERSHIP AND ACCESS TO
HOUSING AS AN OWNER OR TENANT
; HEALTH DISPARITIES AND ACCESS TO
HEALTH CARE
; POLICING AND POLICE BRUTALITY ; INCARCERATION FOR
PAGE 9-SENATE BILL 24-053 CRIMES; AND OVERALL TREATMENT OF BLACK COLORADANS AND TRENDS
IN THE CRIMINAL JUSTICE SYSTEM
. THE SOCIETY SHALL FOCUS ITS RESEARCH
IN THE SUBJECT AREAS BASED ON GUIDANCE FROM THE COMMISSION ABOUT
SPECIFIC TOPICS FOR STUDY WITHIN THE SUBJECT AREAS
.
(II) R
ESEARCH INTO THE EXTENT STATE GOVERNMENTAL ENTITIES '
POLICIES, SYSTEMS, AND PRACTICES MAY HAVE CONTRIBUTED TO ANY HARM
CAUSED TO HISTORICALLY IMPACTED
BLACK COLORADANS.
(b) I
N CONDUCTING THE HISTORICAL RESEARCH , THE SOCIETY MAY
CONSIDER AND INCORPORATE OTHER RESEARCH AND STUDIES THAT ARE
RELEVANT TO THE SUBJECT AREAS DESCRIBED IN THIS SUBSECTION
(1).
(2) (a) T
HE SOCIETY SHALL CONDUCT AT LEAST TWO COMMUNITY
ENGAGEMENT SESSIONS IN DIFFERENT GEOGRAPHIC LOCATIONS IN THE STATE
FOR THE PUBLIC TO OFFER INPUT BASED ON LIVED EXPERIENCE WITH STATE
GOVERNMENTAL ENTITIES
, POLICIES, SYSTEMS, AND PRACTICES THAT HAVE
RESULTED IN SYSTEMIC RACISM AND DISCRIMINATION AGAINST
HISTORICALLY IMPACTED
BLACK COLORADANS AND THEIR IMPACT ON
INDIVIDUALS
, FAMILIES, AND THE COMMUNITY AS A WHOLE . EACH
COMMUNITY ENGAGEMENT SESSION MUST BE HELD AT A TIME AND IN A
PLACE THAT THE COMMISSION DETERMINES IS SUFFICIENT TO MAXIMIZE
ATTENDANCE
. THE SOCIETY SHALL ALLOW MEMBERS OF THE PUBLIC TO
PARTICIPATE AND PROVIDE COMMENTS IN PERSON
, REMOTELY, AND IN
WRITING
.
(b) T
HE SOCIETY MAY CONDUCT ADDITIONAL COMMUNITY
ENGAGEMENT SESSIONS OR E NGAGE WITH THE COMMUNITY THR OUGH
INTERVIEWS AND OTHER METHODS DETERMINED BY THE SOCIETY
.
(3) T
HE SOCIETY MAY ENTER INTO AN AGREEMENT WITH ONE OR
MORE THIRD
-PARTY ENTITIES TO CONDUCT ALL OR PART OF THE HISTORICAL
RESEARCH
.
(4) B
EGINNING THREE MONTHS AFTER THE EFFECTIVE DATE OF THIS
SECTION
, THE SOCIETY SHALL PROVIDE THE COMMISSION WITH QUARTERLY
UPDATES ABOUT THE STATUS OF THE STUDY
. THE SOCIETY SHALL CONSIDER
THE COMMISSION
'S FEEDBACK ON THE UPDATES.
(5) N
O LATER THAN TWO YEARS AND SIX MONTHS AFTER THE
PAGE 10-SENATE BILL 24-053 EFFECTIVE DATE OF THIS SECTION, THE SOCIETY SHALL SUBMIT A REPORT TO
THE COMMISSION WITH THE RESULTS OF ITS HISTORICAL RESEARCH
CONDUCTED PURSUANT TO THIS SECTION AND ANY RECOMMENDATIONS OF
THE SOCIETY
.
2-2-2306. Black Coloradan racial equity study - economic
analysis - contractor. (1) T
HE COMMISSION SHALL ENTER INTO AN
AGREEMENT WITH ONE OR MORE THIRD
-PARTY ENTITIES TO CONDUCT AN
ECONOMIC ANALYSIS OF THE FINANCIAL IMPACT OF SYSTEMIC RACISM ON
HISTORICALLY IMPACTED
BLACK COLORADANS UTILIZING THE FINDINGS OF
THE HISTORICAL RESEARCH AND
, IF FEASIBLE, AN ESTIMATION OF THE
FINANCIAL IMPACT ON
COLORADO'S ECONOMY RESULTING FROM STATE
GOVERNMENTAL ENTITIES
, POLICIES, SYSTEMS, AND PRACTICES IN
COLORADO.
(2) (a) T
HE THIRD-PARTY ENTITY SHALL BEGIN CONDUCTING ITS
ECONOMIC ANALYSIS AFTER THE SOCIETY HAS COMPLETED ITS RESEARCH
AND NO LATER THAN THE DATE THAT THE COMMISSION RECEIVES THE
HISTORICAL RESEARCH REPORT FROM THE SOCIETY PURSUANT TO SECTION
2-2-2305 (5).
(b) N
O LATER THAN SIX MONTHS AFTER BEGINNING TO CONDUCT ITS
ECONOMIC ANALYSIS
, THE THIRD-PARTY ENTITY SHALL DELIVER THE
RESULTS OF ITS ANALYSIS TO THE COMMISSION
.
2-2-2307. Black Coloradan racial equity study - report -
presentation to legislative committees. (1) N
O LATER THAN THREE YEARS
AFTER THE EFFECTIVE DATE OF THIS SECTION
, THE COMMISSION SHALL
SUBMIT A REPORT TO THE GENERAL ASSEMBLY AND THE GOVERNOR ABOUT
THE STUDY
. THE COMMISSION SHALL PROVIDE THE REPORT TO THE STATE
BOARD OF EDUCATION
, THE COLORADO COMMISSION ON HIGHER EDUCATION ,
THE COLORADO ATTORNEY GENERAL , AND THE HEALTH EQUITY COMMISSION
CREATED IN SECTION
25-4-2206, AND MAKE THE REPORT AVAILABLE ON A
PUBLICLY ACCESSIBLE WEBPAGE OF THE GENERAL ASSEMBLY
'S WEBSITE. THE
REPORT MUST INCLUDE
:
(a) A
DESCRIPTION OF THE STUDY'S GOALS;
(b) T
HE RESULTS OF THE HISTORICAL RESEARCH AND ECONOMIC
ANALYSIS
;
PAGE 11-SENATE BILL 24-053 (c) RECOMMENDATIONS THAT ARE CONSISTENT WITH THE
CONSTITUTION TO ADDRESS ANY PAST HARM POTENTIALLY CAUSED BY
GOVERNMENTAL ENTITIES
, POLICIES, SYSTEMS, AND PRACTICES THAT ARE
DISCOVERED THROUGH THE STUDY
;
(d) R
ECOMMENDATIONS ABOUT HOW OUTCOMES OF THE HISTORICAL
RESEARCH AND ECONOMIC ASSESSMENTS OF PAST HARM POTENTIALLY
CAUSED TO
BLACK COLORADANS BY THE PRACTICES , SYSTEMS, AND
POLICIES OF THE STATE CAN BE INCORPORATED INTO THE STATE HISTORY
STANDARDS FOR
K-12 STUDENTS; AND
(e) RECOMMENDATIONS ABOUT HOW TO INCREASE PUBLIC
AWARENESS ABOUT RESEARCH AND ECONOMIC ASSESSMENTS OF PAST HARM
POTENTIALLY CAUSED TO HISTORICALLY IMPACTED
BLACK COLORADANS BY
GOVERNMENTAL ENTITIES
, POLICIES, SYSTEMS, AND PRACTICES.
(2) T
HE COMMISSION SHALL PRESENT THE REPORT DESCRIBED IN THIS
SECTION TO THE HOUSE OF REPRESENTATIVES STATE
, CIVIC, MILITARY, AND
VETERANS AFFAIRS COMMITTEE AND THE SENATE STATE
, VETERANS, AND
MILITARY AFFAIRS COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES, DURING
THE NEXT REGULAR LEGISLATIVE SESSION THAT BEGINS AFTER THE REPORT
IS SUBMITTED TO THE GENERAL ASSEMBLY AND GOVERNOR OR
, IF THE
GENERAL ASSEMBLY IS IN REGULAR SESSION WHEN THE REPORT IS
SUBMITTED AND UPON REQUEST OF THE CHAIR OF THE COMMITTEE
, DURING
THAT ONGOING REGULAR LEGISLATIVE SESSION
.
2-2-2308. Gifts, grants, and donations - cash fund. (1) T
HE
COMMISSION MAY SEEK
, ACCEPT, AND EXPEND GIFTS , GRANTS, OR
DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS
SECTION
. THE COMMISSION SHALL TRANSMIT ALL MONEY RECEIVED
THROUGH GIFTS
, GRANTS, OR DONATIONS TO THE STATE TREASURER , WHO
SHALL CREDIT THE MONEY TO THE
BLACK COLORADAN RACIAL EQUITY
STUDY CASH FUND CREATED IN THIS SECTION
.
(2) T
HE COMMISSION MAY ACCEPT DONATIONS OF IN -KIND SERVICES
FOR THE PURPOSES OF THIS SECTION
, INCLUDING FOR TECHNICAL
ASSISTANCE
.
(3) (a) T
HE BLACK COLORADAN RACIAL EQUITY STUDY CASH FUND
IS CREATED IN THE STATE TREASURY
. THE FUND CONSISTS OF GIFTS, GRANTS,
PAGE 12-SENATE BILL 24-053 AND DONATIONS CREDITED TO THE FUND PURSUANT TO SUBSECTION (1) OF
THIS SECTION AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY
APPROPRIATE OR TRANSFER TO THE FUND
. THE STATE TREASURER SHALL
CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND
INVESTMENT OF MONEY IN THE FUND TO THE FUND
.
(b) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED AS
FOLLOWS
:
(I) T
O THE LEGISLATIVE COUNCIL FOR THE COMMISSION TO CARRY
OUT THIS PART
23; AND
(II) TO THE SOCIETY FOR CONDUCTING HISTORICAL RESEARCH
PURSUANT TO SECTION
2-2-2305.
(c) (I) I
F BY JUNE 30, 2025, THE MONEY IN THE FUND HAS NEVER
REACHED OR EXCEEDED SEVEN HUNDRED EIGHTY
-FIVE THOUSAND DOLLARS,
THE STATE TREASURER SHALL RETURN FROM THE FUND TO THE GRANTOR OR
DONOR THE AMOUNT OF THE GRANTOR
'S OR DONOR'S GIFTS, GRANTS, OR
DONATIONS
.
(II) I
F SECTIONS 2-2-2304, 2-2-2305, 2-2-2306, AND 2-2-2307 TAKE
EFFECT PURSUANT TO SECTION
2-2-2309 (1), ON THE DAY PRIOR TO THE
REPEAL OF THE FUND FOUR YEARS LATER PURSUANT TO SECTION
2-2-2309
(2),
THE STATE TREASURER SHALL RETURN FROM THE FUND TO EACH
GRANTOR OR DONOR THE MONEY REMAINING IN THE FUND IN AN AMOUNT
THAT IS PROPORTIONAL TO THE GRANTOR
'S OR DONOR'S SHARE OF THE TOTAL
AMOUNT OF GIFTS
, GRANTS, OR DONATIONS DEPOSITED TO THE FUND .
(III) I
F ANY MONEY REMAINS IN THE FUND AFTER THE STATE
TREASURER RETURNS MONEY TO DONORS OR GRANTORS PURSUANT TO
SUBSECTION
(3)(c)(I) OR (3)(c)(II) OF THIS SECTION, AS APPLICABLE, THE
STATE TREASURER SHALL
, PRIOR TO THE REPEAL OF THE FUND, TRANSFER
ALL UNEXPENDED AND UNENCUMBERED MONEY IN THE FUND TO THE
GENERAL FUND
.
2-2-2309. Effective dates - repeal of part. (1) S
ECTIONS 2-2-2304,
2-2-2305,
2-2-2306, AND 2-2-2307 WILL TAKE EFFECT IF THE COMMISSION
RECEIVES SEVEN HUNDRED EIGHTY
-FIVE THOUSAND DOLLARS OF GIFTS ,
GRANTS, OR DONATIONS FOR THE PURPOSES OF THIS PART 23. THE DIRECTOR
PAGE 13-SENATE BILL 24-053 OF RESEARCH OF THE LEGISLATIVE COUNCIL SHALL NOTIFY THE REVISOR OF
STATUTES IN WRITING OF THE DATE ON WHICH THE CONDITION SPECIFIED IN
THIS SUBSECTION
(1) HAS OCCURRED BY E -MAILING THE NOTICE TO
REVISOROFSTATUTES
.GA@COLEG.GOV. SECTIONS 2-2-2304, 2-2-2305,
2-2-2306,
AND 2-2-2307 TAKE EFFECT UPON THE DATE IDENTIFIED IN THE
NOTICE THAT THE COMMISSION HAS RECEIVED SEVEN HUNDRED EIGHTY
-FIVE
THOUSAND DOLLARS OF GIFTS
, GRANTS, OR DONATIONS FOR THE PURPOSES
OF THIS SECTION OR
, IF THE NOTICE DOES NOT SPECIFY THAT DATE, UPON THE
DATE OF THE NOTICE TO THE REVISOR OF STATUTES
.
(2) T
HIS PART 23 IS REPEALED, EFFECTIVE JULY 1, 2025; EXCEPT
THAT
, IF THE REVISOR OF STATUTES RECEIVES NOTICE PURSUANT TO THIS
SECTION
, THEN THIS PART 23 IS REPEALED, EFFECTIVE FOUR YEARS AFTER
SECTIONS
2-2-2304, 2-2-2305, 2-2-2306, AND 2-2-2307 TAKE EFFECT.
SECTION 2. In Colorado Revised Statutes, 24-80-211, add (2) as
follows:
24-80-211. Society and division - duties - repeal. (2) (a) S
UBJECT
TO AVAILABLE MONEY
, THE STATE HISTORICAL SOCIETY SHALL CONDUCT
HISTORICAL RESEARCH AS DESCRIBED IN PART
23 OF ARTICLE 2 OF TITLE 2.
(b) T
HIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2025;
EXCEPT THAT, IF THE REVISOR OF STATUTES RECEIVES NOTICE PURSUANT TO
SECTION
2-2-2309 (1), THEN THIS SUBSECTION (2) IS REPEALED, EFFECTIVE
FOUR YEARS AFTER THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES
.
SECTION 3. 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
PAGE 14-SENATE BILL 24-053 unless approved by the people at the general election to be held in
November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
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 15-SENATE BILL 24-053