First Regular Session

Sixty-first General Assembly

LLS NO. 97­0707.01D BWM HOUSE BILL 97­1336

STATE OF COLORADO

BY REPRESENTATIVE Paschall

STATE, VETERANS &

MILITARY AFFAIRS

A BILL FOR AN ACT

CONCERNING THE PROHIBITION OF UNLAWFUL AFFIRMATIVE ACTION, AND, IN CONNECTION THEREWITH, REFERRING THIS ACT TO A VOTE OF THE REGISTERED ELECTORS OF THE STATE FOR THEIR APPROVAL OR REJECTION AT THE NEXT BIENNIAL REGULAR GENERAL ELECTION.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Declares that prohibiting discrimination by public entities in the state of Colorado is a matter of statewide concern.

Prohibits the state and any of its political subdivisions, boards, commissions, institutions of higher education, or other entities of state or local governments from considering the race, color, ethnicity, national origin, gender, or religion of any person as a factor in any decision pertaining to public employment, public education, or public contracting.

Provides that neither the state nor any of its political subdivisions, boards, commissions, institutions of higher education, or other entities of state or local governments shall require any private party to consider the race, color, ethnicity, national origin, gender, or religion of any person as a factor in any decision affecting a private party's participation in contracting with the state or any of its political subdivisions or agents.

Specifies that nothing in this act prohibits state action necessary to establish or maintain eligibility for any federal program, the enforcement of federal statutes or the United States constitution, or any classification based on gender if gender is a bona fide occupational qualification reasonably necessary to the normal operation of a public or private entity involved or the classification is designed to protect the physical privacy of individuals.

Specifies that allowable remedies for violations of this act include injunctive relief, recovery of damages, and reasonable attorney fees.

Requires this act to be submitted to a vote of the registered electors of the state of Colorado at the next biennial regular general election for their approval or rejection under the provisions of the state constitution and the laws of this state.

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

SECTION 1.  Article 2 of title 24, Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PART to read:

PART 2

DISCRIMINATION PROHIBITED

24­2­201.  Legislative declaration ­ discrimination prohibited. (1)  THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT THE MATTERS ADDRESSED IN THIS PART 10 AFFECT ALL CITIZENS OF THIS STATE, ARE OF STATEWIDE IMPORTANCE, AND ARE A MATTER OF STATEWIDE CONCERN.

(2)  NEITHER THE STATE OF COLORADO NOR ANY OF ITS POLITICAL SUBDIVISIONS, BOARDS, COMMISSIONS, INSTITUTIONS OF HIGHER EDUCATION, OR OTHER ENTITIES OF STATE OR LOCAL GOVERNMENTS, SHALL CONSIDER THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, GENDER, OR RELIGION OF ANY PERSON AS A FACTOR IN ANY DECISION PERTAINING TO PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.

(3)  NEITHER THE STATE OF COLORADO NOR ANY OF ITS POLITICAL SUBDIVISIONS, BOARDS, COMMISSIONS, INSTITUTIONS OF HIGHER EDUCATION, OR OTHER ENTITIES OF STATE OR LOCAL GOVERNMENTS, SHALL REQUIRE ANY PRIVATE PARTY TO CONSIDER THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, GENDER, OR RELIGION OF ANY PERSON AS A FACTOR IN ANY DECISION WITH RESPECT TO A PRIVATE PARTY'S PARTICIPATION IN CONTRACTING WITH THE STATE OF COLORADO OR ANY OF ITS POLITICAL SUBDIVISIONS OR AGENTS.

24­2­202.  Remedies. ALLOWABLE REMEDIES FOR VIOLATIONS OF THIS PART 10 SHALL INCLUDE INJUNCTIVE RELIEF, RECOVERY OF THE CLAIMANT'S DAMAGES, AND REASONABLE ATTORNEY FEES.

24­2­203.  Exceptions. (1)  NOTHING IN THIS PART 2 SHALL BE CONSTRUED TO PROHIBIT:

(a)  STATE ACTION NECESSARY TO ESTABLISH OR MAINTAIN ELIGIBILITY FOR ANY FEDERAL PROGRAM, WHERE INELIGIBILITY FOR SUCH PROGRAM WOULD RESULT IN A LOSS OF FEDERAL FUNDS TO THE STATE FROM THAT PROGRAM;

(b)  THE ENFORCEMENT OF FEDERAL STATUTES OR OF THE UNITED STATES CONSTITUTION. IF ANY PART OR PARTS OF THIS PART 2 ARE FOUND TO BE IN CONFLICT WITH FEDERAL LAW, THIS PART 2 SHALL BE IMPLEMENTED TO THE MAXIMUM EXTENT PERMITTED BY FEDERAL LAW.

(c)  ANY CLASSIFICATION BASED ON GENDER IF:

(I)  GENDER IS A BONA FIDE OCCUPATIONAL QUALIFICATION REASONABLY NECESSARY TO THE NORMAL OPERATION OF THE PUBLIC OR PRIVATE ENTITY INVOLVED; OR

(II)  THE CLASSIFICATION IS DESIGNED TO PROTECT THE PHYSICAL PRIVACY OF INDIVIDUALS.

SECTION 2.  Refer to people under referendum. This act shall be submitted to a vote of the registered electors of the state of Colorado at the next biennial regular general election, for their approval or rejection, under the provisions of the referendum as provided for in section 1 of article V of the state constitution, and in article 40 of title 1, Colorado Revised Statutes. Each voter voting at said election and desirous of voting for or against said act shall cast a vote as provided by law either "Yes" or "No" on the proposition: "SHALL THERE BE AN ACT CONCERNING THE PROHIBITION OF UNLAWFUL AFFIRMATIVE ACTION?" The votes cast for the adoption or rejection of said act shall be canvassed and the result determined in the manner provided by law for the canvasing of votes for representatives in Congress.