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April 25, 2022 HB 22-1327
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0868
Rep. Herod; McLachlan
Sen. Moreno; Coram
Date:
Bill Status:
Fiscal Analyst:
April 25, 2022
House SCMVA
Annie Scott | 303-866-5851
Annie.Scott@state.co.us
Bill Topic: NATIVE AMERICAN BOARDING SCHOOLS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill creates the Native American Boarding School Research Program in the
Colorado Commission of Indian Affairs to research and make recommendations to
promote understanding of the abuse and deaths that occurred at Native American
boarding schools in Colorado. The bill increases state expenditures in FY 2022-23.
Appropriation
Summary:
For FY 2022-23, the bill requires an appropriation of $618,611 to the Governor’s Office.
Fiscal Note
Status:
This fiscal note is preliminary and reflects the introduced bill. The fiscal note will be
updated if more information becomes available.
Table 1
State Fiscal Impacts Under HB 22-1327
Budget Year
FY 2022-23
Out Year
FY 2023-24
Revenue
- -
Expenditures General Fund $618,611 -
Centrally Appropriated $17,112 -
Total Expenditures $635,723 -
Total FTE 1.0 FTE -
Transfers - -
Other Budget Impacts General Fund Reserve $92,792 -
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April 25, 2022 HB 22-1327
Summary of Legislation
The bill creates the Native American Boarding School Research Program in the Colorado Commission
of Indian Affairs (commission) to research and make recommendations to promote understanding of
the abuse and deaths that occurred at to the Native American Boarding School at Fort Lewis in
Colorado. The program is repealed June 1, 2023.
Research and reporting. In consultation with the Southern Ute Tribe and the Ute Mountain Ute Tribe,
the commission is required to contract with an organization to research the events, physical and
emotional abuse, and deaths that occurred at the school, including the victimization of families of the
youth forced to attend the school, and the intergenerational impacts of the abuse. The organization
must have experience that includes an understanding of Native American history and culture,
performance of historical archaeological investigations, understanding of the federal "Native
American Graves Protection and Repatriation Act", and experience in the use of techniques to identify
of underground burial sites. Among other tasks, the work of the organization must include:
conducting research to more accurately estimate the number of deaths at the school;
identifying and mapping graves of Native American students buried at and around the school;
and
interviewing those with knowledge of the experiences of Native American students attending the
school.
The organization is required to provide a preliminary report to the commission by December 31, 2022,
and a final report to the commission no later than March 31, 2023.
By June 1, 2023, the commission, in consultation with the Southern Ute Tribe and the Ute Mountain
Ute Tribe, is required to make recommendations to increase understanding of the abuse that occurred
and to support tribal members healing from the effects of the abuse. The commission is required to
make a summary of the organization's findings and the commission's recommendations publicly
available on its website, and deliver a written copy to relevant entities, including the legislature, the,
the Southern Ute Tribe, the Ute Mountain Ute Tribe, and the board of trustees for Fort Lewis College.
Teller Institute Property. At the time the Department of Human Services (CDHS) vacates the former
Teller Institute Native American boarding school property, the all or a portion of the property must
be sold or transferred to a state institution of higher education, a local government, a state agency, or
a federally recognized tribe in Colorado that was impacted by the operation of the Teller Institute.
The CDHS must not sell or transfer the property until after the identification and mapping of any
graves of Native American students buried at the school, and until the CDHS, in consultation with
tribal governments, develops a plan to acknowledge the abuse and victimization of students and
families related to the operation of the Native American boarding school located on the property.
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April 25, 2022 HB 22-1327
Background
The Grand Junction Regional Center campus is located on the site of the former Teller Institute Native
American Boarding School. Senate Bill 16-178 directed the DHS to vacate the regional center campus
to list the property for sale. House Bill 19-1062 added additional options for the DHS to transfer the
property to a local government or institution of higher education. As of this writing, there are still
residents at the GJRC campus. The GJRC campus is comprised of about 47 acres and 28 buildings.
State Expenditures
The bill increases state expenditures in the Governor’s Office by $635,723 in FY 2022-23 only, paid
from the General Fund. Expenditures are shown in Table 2 and detailed below.
Table 2
Expenditures Under HB 22-1327
FY 2022-23 FY 2023-24
Governor’s Office
Personal Services $79,061 -
Operating Expenses $1,350 -
Capital Outlay Costs $6,200 -
Contract with Research Organization $532,000 -
Centrally Appropriated Costs
1
$17,112
Total Cost $635,723 -
Total FTE 1.0 FTE -
1
Centrally appropriated costs are not included in the bill's appropriation.
Commission on Indian Affairs. In FY 2022-23 only, the commission in the Governor’s Office requires
staff and funding to contract with an organization to perform research on the Native American
boarding school at Fort Lewis.
Staff. In FY 2022-23 only, the commission requires 1.0 FTE to oversee and coordinate the work of
the research organization, consult with relevant entities, and ensure the provision of the
recommendations outlined under the bill.
Contract with research organization. In FY 2022-23 only, the commission will conduct a request
for proposal process, and subsequently contract with an organization to perform archaeological
surveys to locate any additional areas that may contain human remains, perform a historical
analysis of the property, perform Tribal consultations to further locate remains, and repatriate or
memorialize human remains, funerary objects, and items of cultural significance, as appropriate.
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April 25, 2022 HB 22-1327
Department of Human Services. Beginning in FY 2022-23, workload in the Department of Human
Services will increase to develop a plan to acknowledge the abuse and victimization of students and
families related to the operation of the Native American boarding school located on the Teller Institute
property, and to adjust the process for selling or transferring the Teller Institute property to meet the
requirements of the bill. This workload is assumed to be absorbable and no appropriation is required.
Centrally appropriated costs. Pursuant to a Joint Budget Committee policy, certain costs associated
with this bill are addressed through the annual budget process and centrally appropriated in the Long
Bill or supplemental appropriations bills, rather than in this bill. These costs, which include employee
insurance and supplemental employee retirement payments, are shown in Table 2.
Other Budget Impacts
General Fund reserve. Under current law, an amount equal to 15 percent of General Fund
appropriations must be set aside in the General Fund statutory reserve beginning in FY 2022-23. Based
on this fiscal note, the bill is expected to increase the amount of General Fund held in reserve by
$92,792 in FY 2022-23, which will decrease the amount of General Fund available for other purposes.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State Appropriations
In FY 2022-23, the bill requires an appropriation of $618,611 from the General Fund to the Governor’s
Office, and 1.0 FTE.
State and Local Government Contacts
Governor’s Office Human Services Information Technology
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.