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January 06, 2015 (960 days ago)
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Description

Seal of Colorado

STATE OF COLORADO

BILL TOPIC: "Schools' Use Of American Indian Mascots" American Indians as Mascot

CONCERNING THE USE OF AMERICAN INDIAN MASCOTS BY PUBLIC INSTITUTIONS OF EDUCATION.


The bill establishes the Colorado commission on the use of American Indian mascots by public schools (mascot commission) and requires the mascot commission to evaluate and approve or disapprove the use of American Indian mascots by public schools and public institutions of higher education (public schools) within the state. The mascot commission is repealed, effective September 1, 2025. Before such repeal, the department of regulatory agencies shall review the mascot commission.

The bill requires each public school that uses an American Indian mascot to either cease using the mascot or request approval for the continued use of the mascot or another American Indian mascot from the mascot commission. If a public school receives notice from the mascot commission that the school's use of an American Indian mascot has been disapproved, the public school shall cease using the mascot on or before the date 2 years following such notice.

For each month in which a public school uses an unapproved American Indian mascot after such date, a fine of $25,000 shall be paid to the state treasurer by:

  • The school district of the offending public school
  • The state charter school institute if the offending school is an institute charter school; or
  • The public school itself if the public school is a public institution of higher education.

The bill creates the American Indian mascot fund (fund). A public school whose mascot is disapproved by the mascot commission may apply for a grant of moneys from the fund to pay for new uniforms, new decor, new letterhead, and such other modifications as are necessitated by the public school's change of mascot.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, add article 44.3 to title 24 as follows:

ARTICLE 44.3

Colorado Commission on the Use of

American Indian Mascots by Public Schools

24-44.3-101.  Establishment of mascot commission.

THERE IS ESTABLISHED IN THE OFFICE OF THE LIEUTENANT GOVERNOR THE COLORADO COMMISSION ON THE USE OF AMERICAN INDIAN MASCOTS BY PUBLIC SCHOOLS, REFERRED TO IN THIS ARTICLE AS THE "MASCOT COMMISSION".

24-44.3-102.  Duties and powers of mascot commission.

(1) THE MASCOT COMMISSION SHALL:
(a) MEET AT LEAST EVERY TWO MONTHS TO EVALUATE THE USE OF AMERICAN INDIAN MASCOTS BY PUBLIC INSTITUTIONS OF EDUCATION AND PUBLIC INSTITUTIONS OF HIGHER EDUCATION WITHIN THE STATE; AND
(b) APPROVE OR DISAPPROVE SUCH USES, AS DESCRIBED IN SECTIONS 22-1-130 AND 23-1-134, C.R.S.

(2) THE MASCOT COMMISSION HAS THE FOLLOWING POWERS:
(a) TO PETITION THE GENERAL ASSEMBLY FOR MONEYS TO EFFECTIVELY ADMINISTER THE MASCOT COMMISSION'S AFFAIRS AND TO EXPEND MONEYS IN COMPLIANCE WITH STATE REGULATIONS;
(b) TO SOLICIT AND ACCEPT GIFTS, MONEYS, GRANTS, DONATIONS, BEQUESTS, AND DEVISES FOR USE IN FURTHERING THE PURPOSES OF THE MASCOT COMMISSION;
(c) TO MAKE AND PUBLISH REPORTS OF FINDINGS AND RECOMMENDATIONS;
(d) TO ESTABLISH AN APPLICATION PROCESS BY WHICH PUBLIC SCHOOLS AND PUBLIC INSTITUTIONS OF HIGHER EDUCATION WHOSE MASCOTS ARE DISAPPROVED BY THE MASCOT COMMISSION MAY APPLY FOR AND RECEIVE GRANTS OF MONEYS FROM THE FUND, AS DESCRIBED IN SECTION 22-1-130 (6), C.R.S., AND SECTION 23-1-134, C.R.S.; AND22
(e) TO AWARD GRANTS OF MONEYS FROM THE FUND TO PUBLIC23 SCHOOLS AND PUBLIC INSTITUTIONS OF HIGHER EDUCATION WHOSE24 MASCOTS ARE DISAPPROVED BY THE MASCOT COMMISSION, IN SUCH25 AMOUNTS AS THE MASCOT COMMISSION DEEMS APPROPRIATE.

(3) TO SATISFY THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION, MEMBERS OF THE MASCOT COMMISSION MAY ATTEND MEETINGS REMOTELY THROUGH ELECTRONIC MEANS OF COMMUNICATION.

24-44.3-103.  Membership - term of office - compensation.

(1)(a) THE MASCOT COMMISSION CONSISTS OF NINE MEMBERS, EACH OF WHOM MUST ALSO BE A MEMBER OF A TRIBE THAT IS RECOGNIZED AS AN AMERICAN INDIAN TRIBE BY THE FEDERAL GOVERNMENT, BUT NO MORE THAN TWO OF THE MEMBERS MAY BE FROM THE SAME TRIBE. THE MEMBERS OF THE MASCOT COMMISSION SHALL BE APPOINTED AS FOLLOWS:
(I) THREE PERSONS APPOINTED BY THE GOVERNOR;
(II) TWO PERSONS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES;
(III) TWO PERSONS APPOINTED BY THE PRESIDENT OF THE SENATE; AND
(IV) TWO PERSONS APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT.

(b) TO THE EXTENT PRACTICABLE, THE MEMBERS OF THE MASCOT COMMISSION SHALL BE APPOINTED FROM DIVERSE AREAS OF THE STATE, WITH AT LEAST FOUR MEMBERS APPOINTED FROM RURAL AREAS OF THE STATE.

(c) EACH APPOINTING AUTHORITY DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (1) SHALL MAKE HIS OR HER APPOINTMENTS ON OR BEFORE SEPTEMBER 1, 2015.

(d) EACH MEMBER OF THE MASCOT COMMISSION MAY SERVE INDEFINITELY AT THE DISCRETION OF HIS OR HER APPOINTING AUTHORITY. (2) THE MASCOT COMMISSION MAY USE MONEYS FROM THE FUND TO COMPENSATE EACH MEMBER OF THE MASCOT COMMISSION FOR HIS OR HER SERVICE TO THE MASCOT COMMISSION ON A PER DIEM BASIS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS FOR EACH DAY UPON WHICH THE MASCOT COMMISSION MEETS TO CONDUCT ITS BUSINESS; EXCEPT THAT THE MASCOT COMMISSION SHALL NOT AWARD COMPENSATION EXCEEDING SEVEN HUNDRED AND FIFTY DOLLARS TO ANY MEMBER IN ANY CALENDAR YEAR.

24-44.3-104.  Executive director.

THE MASCOT COMMISSION MAY SELECT FROM ITS MEMBERSHIP AN EXECUTIVE DIRECTOR TO CARRY OUT THE DAY-TO-DAY RESPONSIBILITIES AND BUSINESS OF THE MASCOT COMMISSION.

24-44.3-105.  American Indian mascot fund - created - appropriation - repeal.
(1) THERE IS CREATED IN THE STATE TREASURY THE AMERICAN INDIAN MASCOT FUND, REFERRED TO IN THIS ARTICLE AS THE "FUND", CONSISTING OF ANY MONEYS THAT MAY BE APPROPRIATED TO THE FUND BY THE GENERAL ASSEMBLY AND ANY GIFTS, GRANTS, OR DONATIONS RECEIVED BY THE COMMISSION. THE MONEYS IN THE FUND ARE SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY TO THE MASCOT COMMISSION FOR THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH IMPLEMENTING THIS ARTICLE.

(2) THE STATE TREASURER MAY INVEST ANY MONEYS IN THE FUND NOT EXPENDED FOR THE PURPOSE OF THIS ARTICLE AS PROVIDED BY LAW. THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE INVESTMENT AND DEPOSIT OF MONEYS IN THE FUND TO THE FUND. ANY UNEXPENDED AND UNENCUMBERED MONEYS REMAINING IN THE FUND AT THE END OF A FISCAL YEAR REMAIN IN THE FUND AND SHALL NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR TO ANOTHER FUND.

(3)(a)  FOR THE 2014-2015 FISCAL YEAR, THE GENERAL ASSEMBLY SHALL APPROPRIATE TWO HUNDRED THOUSAND DOLLARS FROM THE GENERAL FUND TO THE FUND FOR THE PURPOSES OF THIS ARTICLE. (b) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2016.

24-44.3-106.  Repeal.

(1) THIS ARTICLE IS REPEALED, EFFECTIVE SEPTEMBER 1, 2025. BEFORE SUCH REPEAL, THE DEPARTMENT OF REGULATORY AGENCIES SHALL REVIEW THE MASCOT COMMISSION PURSUANT TO SECTION 2-3-1203 (3) (mm) (I), C.R.S.

(2) UPON REPEAL OF THIS ARTICLE, THE STATE TREASURER SHALL CREDIT TO THE GENERAL FUND ANY MONEYS REMAINING IN THE FUND CREATED IN SECTION 24-44.3-105.

SECTION 2. In Colorado Revised Statutes, add

22-1-130 as follows: 22-1-130.  Use of American Indian mascots - notice - approval by mascot commission - definitions.

(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) "AMERICAN INDIAN MASCOT" MEANS A NAME, SYMBOL, OR IMAGE THAT DEPICTS OR REFERS TO AN AMERICAN INDIAN TRIBE, INDIVIDUAL, CUSTOM, OR TRADITION.

(b) "MASCOT COMMISSION" MEANS THE COLORADO COMMISSION ON THE USE OF AMERICAN INDIAN MASCOTS BY PUBLIC SCHOOLS ESTABLISHED IN SECTION 24-44.3-101, C.R.S.

(c) "INSTITUTE CHARTER SCHOOL" MEANS A CHARTER SCHOOL AUTHORIZED BY THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE 30.5 OF THIS TITLE.

(d) "PUBLIC SCHOOL" MEANS:

(I)  AN ELEMENTARY, MIDDLE, JUNIOR HIGH, OR HIGH SCHOOL OF A SCHOOL DISTRICT THAT SERVES ANY OF GRADES KINDERGARTEN THROUGH TWELVE; AND

(II)  A CHARTER ELEMENTARY, MIDDLE, JUNIOR HIGH, OR HIGH SCHOOL OF A SCHOOL DISTRICT THAT SERVES ANY OF GRADES KINDERGARTEN THROUGH TWELVE.

(2) (a)  ON OR BEFORE SEPTEMBER 15, 2015, EACH SCHOOL5 DISTRICT THAT INCLUDES A PUBLIC SCHOOL THAT USES AN AMERICAN INDIAN MASCOT SHALL:

(I)  NOTIFY EACH SUCH SCHOOL OF THE PROVISIONS OF THIS SECTION; AND

(II)  NOTIFY THE MASCOT COMMISSION OF EACH SUCH SCHOOL'S USE OF AN AMERICAN INDIAN MASCOT.

(b)  ON OR BEFORE SEPTEMBER 15, 2015, THE STATE CHARTER SCHOOL INSTITUTE ESTABLISHED IN SECTION 22-30.5-503 SHALL:

(I)  NOTIFY EACH INSTITUTE CHARTER SCHOOL THAT USES AN AMERICAN INDIAN MASCOT OF THE PROVISIONS OF THIS SECTION; AND

(II)  NOTIFY THE MASCOT COMMISSION OF EACH INSTITUTE CHARTER SCHOOL'S USE OF AN AMERICAN INDIAN MASCOT.

(3)  ON OR BEFORE OCTOBER 1, 2015, EACH PUBLIC SCHOOL THAT USES AN AMERICAN INDIAN MASCOT AND EACH INSTITUTE CHARTER SCHOOL THAT USES AN AMERICAN INDIAN MASCOT SHALL:

(a)  CEASE USING THE AMERICAN INDIAN MASCOT; OR

(b)  REQUEST APPROVAL OF THE USE OF THE AMERICAN INDIAN MASCOT, OR APPROVAL OF THE USE OF ANOTHER AMERICAN INDIAN MASCOT, FROM THE MASCOT COMMISSION.

(4) (a)  IF A PUBLIC SCHOOL RECEIVES NOTICE FROM THE MASCOT COMMISSION THAT THE PUBLIC SCHOOL'S USE OF AN AMERICAN INDIAN MASCOT HAS BEEN DISAPPROVED, THE PUBLIC SCHOOL SHALL CEASE USING THE MASCOT ON OR BEFORE THE DATE TWO YEARS FOLLOWING SUCH NOTICE. FOR EACH MONTH DURING WHICH A PUBLIC SCHOOL USES AN AMERICAN INDIAN MASCOT AFTER SUCH DATE, THE SCHOOL DISTRICT OF THE PUBLIC SCHOOL SHALL PAY A FINE OF TWENTY-FIVE THOUSAND DOLLARS TO THE STATE TREASURER, WHO SHALL CREDIT THE MONEYS RECEIVED TO THE STATE EDUCATION FUND CREATED IN SECTION 17

(4) OF ARTICLE IX OF THE STATE CONSTITUTION.

(b)  IF AN INSTITUTE CHARTER SCHOOL RECEIVES NOTICE FROM THE MASCOT COMMISSION THAT THE INSTITUTE CHARTER SCHOOL'S USE OF AN AMERICAN INDIAN MASCOT HAS BEEN DISAPPROVED, THE INSTITUTE CHARTER SCHOOL SHALL CEASE USING THE MASCOT ON OR BEFORE THE DATE TWO YEARS FOLLOWING SUCH NOTICE. FOR EACH MONTH DURING WHICH AN INSTITUTE CHARTER SCHOOL USES AN AMERICAN INDIAN MASCOT AFTER SUCH DATE, THE STATE CHARTER SCHOOL INSTITUTE SHALL PAY A FINE OF TWENTY-FIVE THOUSAND DOLLARS TO THE STATE TREASURER, WHO SHALL CREDIT THE MONEYS RECEIVED TO THE STATE EDUCATION FUND CREATED IN SECTION (4) OF ARTICLE IX OF THE STATE CONSTITUTION.

(5)  NOTWITHSTANDING THE PROVISIONS OF ARTICLE 44.3 OF TITLE 24, C.R.S., A PUBLIC SCHOOL'S OR INSTITUTE CHARTER SCHOOL'S USE OF AN AMERICAN INDIAN MASCOT IS DEEMED APPROVED BY THE MASCOT COMMISSION IF:

(a)  THE MASCOT REFERS SOLELY AND SPECIFICALLY TO A SINGLE AMERICAN INDIAN TRIBE THAT IS RECOGNIZED BY THE FEDERAL GOVERNMENT; AND

(b)  THE TRIBE HAS APPROVED THE USE OF THE MASCOT BY THE26 PUBLIC SCHOOL OR INSTITUTE CHARTER SCHOOL.

(6)  A PUBLIC SCHOOL OR INSTITUTE CHARTER SCHOOL WHOSE MASCOT IS DISAPPROVED BY THE MASCOT COMMISSION MAY APPLY FOR A GRANT OF MONEYS FROM THE AMERICAN INDIAN MASCOT FUND CREATED IN SECTION 24-44.3-105, C.R.S., FOR THE PURPOSE OF PAYING FOR NEW UNIFORMS, NEW DECOR, NEW LETTERHEAD, AND SUCH OTHER MODIFICATIONS AS ARE NECESSITATED BY THE PUBLIC SCHOOL'S OR INSTITUTION CHARTER SCHOOL'S CHANGE OF MASCOT.

SECTION 3. In Colorado Revised Statutes, add 23-1-134 as follows:

23-1-134.  Commission directive - use of American Indian mascots - notice - approval by Colorado commission on the use of American Indian mascots by public schools - definitions.

(1)  AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a)  "AMERICAN INDIAN MASCOT" MEANS A NAME, SYMBOL, OR IMAGE THAT DEPICTS OR REFERS TO AN AMERICAN INDIAN TRIBE, INDIVIDUAL, CUSTOM, OR TRADITION.

(b)  "MASCOT COMMISSION" MEANS THE COLORADO COMMISSION ON THE USE OF AMERICAN INDIAN MASCOTS BY PUBLIC SCHOOLS ESTABLISHED IN SECTION 24-44.3-101, C.R.S.

(c)  "PUBLIC INSTITUTION OF HIGHER EDUCATION" MEANS A PUBLIC COLLEGE, UNIVERSITY, COMMUNITY COLLEGE, AREA VOCATIONAL SCHOOL, EDUCATIONAL CENTER, OR JUNIOR COLLEGE THAT RECEIVES FINANCIAL SUPPORT FROM THE STATE.

(2)  ON OR BEFORE SEPTEMBER 15, 2015, THE COMMISSION SHALL:

(a)  NOTIFY EACH PUBLIC INSTITUTION OF HIGHER EDUCATION THAT USES AN AMERICAN INDIAN MASCOT OF THE PROVISIONS OF THIS SECTION; AND

(b)  NOTIFY THE MASCOT COMMISSION OF EACH PUBLIC INSTITUTION OF HIGHER EDUCATION'S USE OF AN AMERICAN INDIAN MASCOT.

(3)  ON OR BEFORE OCTOBER 1, 2015, EACH PUBLIC INSTITUTION OF4 HIGHER EDUCATION THAT USES AN AMERICAN INDIAN MASCOT SHALL:

(a)  CEASE USING THE AMERICAN INDIAN MASCOT; OR

(b)  REQUEST APPROVAL FROM THE MASCOT COMMISSION FOR THE CONTINUED USE OF THE AMERICAN INDIAN MASCOT OR ANOTHER AMERICAN INDIAN MASCOT.

(4)  IF A PUBLIC INSTITUTION OF HIGHER EDUCATION RECEIVES NOTICE FROM THE MASCOT COMMISSION THAT THE INSTITUTION'S USE OF AN AMERICAN INDIAN MASCOT HAS BEEN DISAPPROVED, THE INSTITUTION SHALL CEASE USING THE MASCOT ON OR BEFORE THE DATE TWO YEARS FOLLOWING SUCH NOTICE. FOR EACH MONTH DURING WHICH A PUBLIC INSTITUTION OF HIGHER EDUCATION USES AN AMERICAN INDIAN MASCOT AFTER SUCH DATE, THE INSTITUTION SHALL PAY A FINE OF TWENTY-FIVE THOUSAND DOLLARS TO THE STATE TREASURER, WHO SHALL CREDIT THE MONEYS RECEIVED TO THE STATE EDUCATION FUND CREATED IN SECTION

(4) OF ARTICLE IX OF THE STATE CONSTITUTION.

(5)  NOTWITHSTANDING THE PROVISIONS OF ARTICLE 44.3 OF TITLE 24, C.R.S., A PUBLIC INSTITUTION OF HIGHER EDUCATION'S USE OF AN AMERICAN INDIAN MASCOT IS DEEMED APPROVED BY THE MASCOT COMMISSION IF:

(a)  THE MASCOT REFERS SOLELY AND SPECIFICALLY TO A SINGLE AMERICAN INDIAN TRIBE THAT IS RECOGNIZED BY THE FEDERAL GOVERNMENT; AND

(b)  THE TRIBE HAS APPROVED THE USE OF THE MASCOT BY THE PUBLIC INSTITUTION OF HIGHER EDUCATION.

(6)  A PUBLIC INSTITUTION OF HIGHER EDUCATION WHOSE MASCOT IS DISAPPROVED BY THE MASCOT COMMISSION MAY APPLY FOR A GRANT OF MONEYS FROM THE AMERICAN INDIAN MASCOT FUND CREATED IN SECTION 24-44.3-105, C.R.S., FOR THE PURPOSE OF PAYING FOR NEW UNIFORMS, NEW DECOR, NEW LETTERHEAD, AND SUCH OTHER MODIFICATIONS AS ARE NECESSITATED BY THE INSTITUTION'S CHANGE OF MASCOT.

SECTION 4. In Colorado Revised Statutes, 2-3-1203, add (3) (mm) as follows:

2-3-1203.  Sunset review of advisory committees. (3)  The following dates are the dates on which the statutory authorization for the designated advisory committees is scheduled for repeal:

(mm)  SEPTEMBER 1, 2025:

(I)  THE COLORADO COMMISSION ON THE USE OF AMERICAN INDIAN MASCOTS BY PUBLIC SCHOOLS ESTABLISHED IN SECTION 24-44.3-101, C.R.S.

SECTION 5. Act subject to petition - effective date.

This act takes effect September 1, 2015; 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 the ninety-day period after final adjournment of the general assembly, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by thegovernor.

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