2023 Colorado Revised Statutes › Title 2 - LEGISLATIVE (§§ 2-1-100.5 — 2-7-205) › GENERAL ASSEMBLY (§§ 2-2-101 — 2-2-2309) › Article 2 - General Assembly (§§ 2-2-101 — 2-2-2309) › Part 23 - BLACK COLORADAN RACIAL EQUITY STUDY (§§ 2-2-2301 — 2-2-2309) › Section 2-2-2303 - [Effective 8/7/2024] Black Coloradan racial equity study - third-party entity qualifications - commission created - membership - staff support - legislative intent

(1)
(a)
There is established in the legislative department the Black Coloradan racial equity study commission to conduct a study 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:
(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)
Quantify 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)
The 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)
It 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 fund money be appropriated for the implementation of the study.
(II)
The 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)
Experience working with Black communities;
(II)
An understanding of Black history and culture, with 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)
The third-party entity may be from outside Colorado.
(3)
(a)
The commission consists of the following members:
(I)
The following members, appointed by the governor:
(A)
One person who has expertise in quantifying the economic impacts on historically impacted Black Coloradans;
(B)
One community representative with a track record of public service with historically impacted Black Coloradans;
(C)
One 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)
The following members, appointed by the speaker of the house of representatives:
(A)
One person who has expertise in quantifying the economic impacts on historically impacted Black Coloradans;
(B)
One person who has expertise in researching the history and impact of slavery and systemic racism on Black Coloradans;
(C)
One 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:
(A)
One person who has legal expertise in constitutional law and racial justice;
(B)
One person who has expertise in researching the history and impact of slavery on Black Coloradans;
(C)
One community representative with a track record of public service with historically impacted Black Coloradans; and
(D)
Two members of the senate.
(b)
The 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)
The 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)
Nonlegislative 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)
The legislative council staff shall assist the commission in carrying out its duties; except that legislative council staff shall not:
(I)
Conduct research for the commission or draft the report required pursuant to section 2-2-2307;
(II)
Organize or otherwise facilitate a community engagement session described in section 2-2-2305 (2); and
(III)
Travel for the purpose of assisting the commission, unless authorized by the executive committee of the legislative council.
Added by 2024 Ch. 368,§ 1, eff. 8/7/2024.
2024 Ch. 368, was passed without a safety clause. See Colo. Const. art. V, § 1(3).