Bill Summary for Bill Number HB15-1165

Date: 04/29/2015

Final
BILL SUMMARY for HB15-1165

SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View-->	Action Taken:
Postpone House Bill 15-1165 indefinitely using a r Refer House Bill 15-1165 to the Committee on Appro	PASS FAIL

05:46 PM -- HB15-1165

Senator Ulibarri, sponsor, presented House Bill 15-1165. This bill creates the Subcommittee for the Consideration of the Use of American Indian Mascots by Public Schools (subcommittee) in the Colorado Commission of Indian Affairs (commission) in the Office of the Lieutenant Governor. The subcommittee is required to meet at least every two months to evaluate the use of American Indian mascots by public schools and public institutions of higher education, and approve or disapprove of such uses. The subcommittee is given the power to:

• petition the General Assembly for funding;
• solicit and accept private gifts, grants, or donations;
• make and publish reports of findings and recommendations;
• establish a grant application process for public schools or institutions of higher education; and
• award grant moneys to schools.

The bill specifies the composition and selection of subcommittee members and requires that both voting members representing American Indian tribes, and nonvoting members from the Colorado Department of Education and the Department of Higher Education, be included in the subcommittee. The American Indian Mascot Fund (mascot fund) is created in the State Treasury to consist of money appropriated by the General Assembly and any gifts, grants, or private donations the subcommittee accepts. Money in the fund is subject to annual appropriations for the direct and indirect expenses of the subcommittee.

No later than September 15, 2015, public schools and institutions of higher education that use an American Indian mascot are required to notify the subcommittee of such uses. No later than October 1, 2015, each school using an American Indian mascot must cease using the mascot, or request approval of the use of the mascot from the subcommittee. If the subcommittee disapproves of the mascot, the school must discontinue use of the mascot within two years of receiving notice. For each month a public school uses a disapproved mascot beyond the deadline, the district is required to pay a $25,000 fine for deposit in the State Education Fund. Fines for charter schools are payable either by the school district (for district authorized charter schools) or the Colorado Charter School Institute (for CSI authorized charter schools). Fines for institutions of higher education must be paid by the Colorado Commission on Higher Education (CCHE). A school whose mascot is disapproved by the subcommittee may apply for a grant to pay for new uniforms, new decor, new letterhead, and other branding modifications necessitated by the change of mascot.

Senator Ulibarri provided background information on the bill. He discussed the problem of using derogatory symbols and language in schools.

05:51 PM -- Ernest House, Jr., representing the Colorado Commission of Indian Affairs, testified in support of the bill. He discussed the genesis of the bill. Senator Sonnenberg discussed other potentially derogatory mascots with Mr. House. Senator Ulibarri responded to this discussion.

05:58 PM -- Monique Lefthandbull, representing herself, testified in support of the bill. Her daughters LacyJay and Lucille Lefthandbull also testified in support of the bill. They stated that they are not mascots, and they discussed bullying they have faced. Ms. Lefthandbull explained that Indian children are told that this issue is trivial, but it is not. She discussed the problems with using Indian mascots.

06:04 PM -- John Sampson, representing Strasburg 31J School District, testified against the bill. He stated that Strasburg High School has never had substantive issues with the use of Indians as its mascot. He expressed his opinion that the bill is a waste of money and time. He discussed the costs of the bill for his district.

Senator Ulibarri and Mr. Sampson discussed Strasburg's use of the Indian mascot.

06:12 PM -- Elicia Goodsoldier, representing herself, testified in support of the bill. She discussed the link between Indian mascots and bullying of Indian children.

06:16 PM -- Walt Cooper, representing the Cheyenne Mountain School District, testified against the bill. He suggested that Cheyenne Mountain High School's mascot should be debated locally. He expressed concern with the bill's lack of accountability. Senator Ulibarri discussed school district policies with Mr. Cooper.

06:22 PM -- Ara Cruz, representing himself, testified in support of the bill. He explained that Indian mascots harm the self esteem of Indian youth. He expressed concern for the lack of engagement with American Indians in discussing mascot use.

06:26 PM -- Stephanie Jerome, representing herself, testified in support of the bill. She explained that the use of Indian mascots has major consequences. Her son, Matene Wanna-Jerome, also introduced himself.

06:30 PM -- Justin Valas, representing the Mile High Japanese-American Citizens League, testified in support of the bill. He explained that society often trivializes the identity of minority groups. He discussed problems with the use of Indian mascots.

06:34 PM -- Dr. Deborah Hunt, representing herself, testified in support of the bill. She described her experience working with Indian child welfare and Indian education, including in her current position at CU-Denver. She discussed the problems of suicide and low graduation rates among Native American youth.

06:38 PM -- Sarah Ortegon, representing herself, testified in support of the bill. She suggested that schools focus instead on teaching American Indian history.

06:40 PM

Senator Ulibarri wrapped up his presentation of the bill. He discussed Arapahoe High School's use of the warrior as its mascot.

Committee members discussed the bill with Senator Ulibarri.


BILL:	HB15-1165
TIME:	06:47:43 PM
MOVED:	Ulibarri
MOTION:	Refer House Bill 15-1165 to the Committee on Appropriations. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Hill	No
	Jones	Yes
	Ulibarri	Yes
	Sonnenberg	No
	Scott	No


YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB15-1165
TIME:	06:47:59 PM
MOVED:	Sonnenberg
MOTION:	Postpone House Bill 15-1165 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Hill	Yes
	Jones	No
	Ulibarri	No
	Sonnenberg	Yes
	Scott	Yes


Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS