2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE PROPERTY (§§ 24-82-101 — 24-82.5-101) › Article 82 - STATE PROPERTY (§§ 24-82-101 — 24-82-1303) › Part 1 - CAPITOL BUILDINGS - ACQUISITION OF PROPERTY (§§ 24-82-101 — 24-82-109) › Section 24-82-108 - [Effective 8/7/2024] State capitol building advisory committee - creation - duties - legislative declaration - repeal

(1)
Legislative declaration.
The 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)
The rose onyx, marble, granite, gold, oak woodwork, and brass fixtures and trim are deemed to be historic, and it is the intent of the general assembly to specify special procedures to be followed in any project affecting such items;
(c)
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 as specified in this section, it is necessary to create the state capitol building advisory committee 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)
(a)
(I)
The state capitol building advisory committee, referred to in this section as the advisory committee, is hereby created. The advisory committee consists of the following twelve members:
(A)
Three members appointed by the speaker of the house of representatives, at least one of whom shall be a member of the house of representatives who has served at least one year in the house of representatives;
(B)
Three members appointed by the president of the senate, at least one of whom shall be a member of the senate who has served at least one year in the senate;
(C)
Four members appointed by the governor, at least one of whom must be an architect who is knowledgeable about the historic and architectural integrity of the state capitol building; and
(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.
(II)
All members appointed by the governor shall serve two-year terms; except that the terms shall be staggered so that no more than three members' terms expire in the same year.
(III)
The terms of members appointed or reappointed by the speaker and the president expire on the convening date of the first regular session of each general assembly, and all subsequent appointments and reappointments by the speaker and the president shall be made as soon as practicable after such convening date. The person making the original appointment or reappointment shall fill any vacancy by appointment for the remainder of an unexpired term. Members appointed or reappointed by the president and the speaker serve at the pleasure of the appointing authority and continue in office until the member's successor is appointed.
(b)
Ex officio members of the advisory committee shall serve as long as their office is held.
(c)
The advisory committee shall meet at the state capitol no less than three times per year at the call of the chairman. One meeting shall be designated as the annual meeting.
(d)
At the annual meeting, the advisory committee members shall elect a chair from among its members to serve as chair for one year of such member's term.
(e)
All members of the advisory committee are volunteers and serve without per diem except as otherwise provided in section
2-2-326
; except that members of the advisory committee must be reimbursed for necessary and actual expenses incurred in the performance of their duties.
(3)
Duties of the advisory committee.
The advisory committee has the 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 regarding plans to restore, redecorate, and reconstruct 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 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 includes but is not limited to the corridors, rotundas, lobbies, entrance ways, stairways, restrooms, porticos, steps, and elevators.
(II)
The committee is not responsible for reviewing, advising, or making recommendations concerning 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 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. An agency or department shall not begin a project that affects the rose onyx, marble, granite, gold, oak woodwork, and brass fixtures and trim without review by the advisory committee and the consent of the capital development committee. Alteration to the items listed in this subsection (3)(b) is not permitted in any area of the state capitol building until the project is reviewed by the advisory committee and approved by the capital development committee.
(II)
Notwithstanding the provisions of subsection (3)(b)(I) of this section, the department of personnel may perform emergency repairs where the safety of persons or the well-being of the building would be jeopardized by delay. 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.
(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 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 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 whether damaged pieces of furniture original to the state capitol building should be restored or renovated.
(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 money to enhance preservation of original and historic elements of the state capitol building, the advisory committee has authority over publications on the history of the state capitol building and may authorize other state capitol building memorabilia for sale to the public. All money received from the sale of such items 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 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 in subsection (3)(f)(I) of this section within the public buildings trust fund.
(III)
money in the special account created in subsection (3)(f)(I) of this section is continuously appropriated to the advisory committee for republishing and reissuing publications on the 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 such buildings, and for such other purposes as are necessary or incidental to accomplish the purposes of this 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 that are received from the general assembly, the governor, or the city and county of Denver. 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 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 is reasonable, the 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 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 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 shall include consulting with knowledgeable advisors to assist in evaluating each object of art or memorial individually. The advisory committee shall evaluate all proposals submitted to the advisory committee and present recommendations resulting from the evaluations as follows:
(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 must be submitted to the capital development committee for approval. No such proposal shall 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, must be submitted to the capital development committee and the governor for approval. No such proposal shall proceed without the prior approval of the capital development committee and the governor.
(II)
The provisions of this 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 subsection (3)(h)(I) of this section. This 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 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 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)
At 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 the 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)
History 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)
The 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 building 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.
(5)
Repealed.
Amended by 2024 Ch. 352,§ 1, eff. 8/7/2024.
Amended by 2022 Ch. 2, § 72, eff. 2/25/2022.
Amended by 2017 Ch. 86, § 3, eff. 8/9/2017.
Amended by 2014 Ch. 390, § 20, eff. 6/6/2014.
L. 91: Entire section added, p. 858, § 2, effective May 16. L. 92: (3)(f) amended and (3)(h) added, p. 1058, § 1, effective June 1. L. 93: (3)(f) amended, p. 288, § 1, effective April 7. L. 95: (2)(a), (3)(b) to (3)(d), and (4) amended, p. 658, § 83, effective July 1. L. 97: (5) repealed, p. 103, § 3, effective March 24. L. 2000: (3)(h) amended, p. 434, § 1, effective April 17; (2) amended, p. 1001, § 1, effective May 26. L. 2007: (2)(a) amended, p. 187, § 22, effective March 22. L. 2010: (3)(b.5) added, (HB 10 -1402), ch. 255, p. 1136, § 2, effective May 25. L. 2014: (2)(e) amended, (SB 14-153), ch. 390, p. 1964, § 20, effective June 6. L. 2017: (3)(i) added, (SB 17-122), ch. 86, p. 267, § 3, effective August 9.
Subsection (3)(b.5)(II) provided for the repeal of subsection (3)(b.5), effective July 1, 2012. (See L. 2010, p. 1136.)
2024 Ch. 352, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
(1) For the legislative declaration contained in the 1995 act amending subsections (2)(a), (3)(b) to (3)(d), and (4), see section 112 of chapter 167, Session Laws of Colorado 1995. (2) For the legislative declaration in SB 17-122, see section 1 of chapter 86, Session Laws of Colorado 2017.