Section 23-1-137 - Prohibition on use of American Indian mascots - exemptions - definitions(1) As used in this section, unless the context otherwise requires: (a) "American Indian mascot" means a name, symbol, or image that depicts or refers to an American Indian tribe, individual, custom, or tradition that is used as a mascot, nickname, logo, letterhead, or team name for the school.(b) "Public institution of higher education" means a public college, university, community college, area technical college, educational center, local district college, or junior college that is supported in whole or in part by general fund money.(2)(a) Except as provided for in subsection (2)(b) of this section, on or after June 1, 2022, a public institution of higher education in the state is prohibited from using an American Indian mascot. Any public institution of higher education that is using such an American Indian mascot as of June 1, 2022, must immediately cease use of such American Indian mascot.(b) The prohibition set forth in subsection (2)(a) of this section does not apply to:(I) Any agreement that exists prior to June 30, 2021, between a federally recognized Indian tribe and a public institution of higher education. A public institution of higher education that is a party to such an agreement is held to a high standard and expected to honor the agreement. The federally recognized Indian tribe has the right and ability to revoke any such agreement at any time at its discretion.(II) Any public institution of higher education that is operated by a federally recognized Indian tribe or with the approval of a federally recognized Indian tribe and existing within the boundaries of such tribe's reservation.(3) For each month during which a public institution of higher education uses an American Indian mascot after June 1, 2022, the public institution of higher education shall pay a fine of twenty-five thousand dollars to the state treasurer, who shall credit the money received to the state education fund created in section 17 (4) of article IX of the state constitution.Amended by 2022 Ch. 421,§46, eff. 8/10/2022.Added by 2021 Ch. 370,§4, eff. 6/28/2021.L. 2021: Entire section added, (SB 21-116), ch. 2441, p. 2441, § 4, effective June 28. 2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in SB 21-116, see section 1 of chapter 370, Session Laws of Colorado 2021.