HOUSE Amended 2nd Reading January 14, 2004Second Regular Session Sixty-fourth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 04-0113.01 Stephen Miller HOUSE BILL 04-1002 HOUSE SPONSORSHIP Crane SENATE SPONSORSHIP Lamborn House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning conforming amendments to the pledge of allegiance statute to make the statute constitutional as required by the United States court of appeals for the seventh circuit in the 1992 decision entitled Sherman versus Community Consolidated School District 21 of Wheeling Township. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Specifies that the pledge of allegiance shall be recited each school day by pupils in elementary and secondary educational institutions supported or maintained in whole or in part by public funds. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 22-1-106, Colorado Revised Statutes, is amended to read: 22-1-106. Information as to honor and use of flag. (1) The commissioner of education shall provide the necessary instruction and information so that all teachers in the grade and high schools in the state of Colorado may teach the pupils therein the proper respect of the flag of the United States, to honor and properly salute the flag when passing in parade, and to properly use the flag in decorating and displaying. (2) (a) The teacher and students in each classroom in each public elementary, middle, and junior high school in the state of Colorado shall begin each school day by reciting aloud the pledge of allegiance to the flag of the United States of America. The teacher and students in each classroom in each public high school in the state of Colorado shall recite aloud the pledge of allegiance to the flag of the United States of America when the school conducts its daily announcements. If a public high school does not conduct daily announcements, then the teacher and students in each classroom in the public high school shall, on a daily basis, recite aloud the pledge of allegiance to the flag of the United States of America. (b) Nothing in this subsection (2) shall be construed to require a teacher or a student to recite the pledge of allegiance described in paragraph (a) of this subsection (2) if the teacher or student objects to the recitation of the pledge on religious grounds. A student shall be exempt from reciting the pledge of allegiance if a parent or guardian of the student objects in writing to the recitation of the pledge on any grounds and files the objection with the principal of the school. (c) Nothing in this subsection (2) shall be construed to require students and teachers who are not United States citizens and are attending or teaching school in the state of Colorado to recite the pledge of allegiance described in paragraph (a) of this subsection (2). (3) The pledge of allegiance shall be recited each school day by willing pupils in elementary and secondary educational institutions supported or maintained in whole or in part by public funds. Any person not wishing to participate in the recitation of the pledge of allegiance shall be exempt from reciting the pledge of allegiance and need not participate. SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution (August 4, 2004, if adjournment sine die is on May 5, 2004); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.