Colorado 2022 2022 Regular Session

Colorado House Bill HB1327 Introduced / Fiscal Note

Filed 05/02/2022

                    Page 1 
May 1, 2022  HB 22-1327  
 
 Legislative Council Staff 
Nonpartisan Services for Colorado’s Legislature 
 
Revised Fiscal Note  
(replaces fiscal note dated April 25, 2022)  
 
Drafting Number: 
Prime Sponsors: 
LLS 22-0868  
Rep. Herod; McLachlan 
Sen. Moreno; Coram  
Date: 
Bill Status: 
Fiscal Analyst: 
May 1, 2022 
Senate SVMA 
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 Federal Indian Boarding School Research Program in History 
Colorado to research and make recommendations to promote understanding of the 
abuse and deaths that occurred at Federal Indian 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 History Colorado.    
Fiscal Note 
Status: 
This revised fiscal note reflects the reengrossed bill. 
 
 
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 	-       
Transfers  	-       	-       
Other Budget Impacts General Fund Reserve 	$92,792       	-       
 
 
 
 
 
 
 
   Page 2 
May 1, 2022  HB 22-1327  
 
Summary of Legislation 
The bill creates the Federal Indian Boarding School Research Program in History Colorado to research 
and make recommendations to promote understanding of the abuse and deaths that occurred at to 
the federal Indian boarding school in Colorado.  The program is repealed December 31, 2023.   
 
Research and reporting. In consultation with the Southern Ute Tribe, the Ute Mountain Ute Tribe, 
and the Colorado Commission on Indian Affairs (commission), History Colorado is required to 
research the events, physical and emotional abuse, and deaths that occurred at the federal Indian 
boarding school at Fort Lewis, including the victimization of families of the youth forced to attend the 
school, and the intergenerational impacts of the abuse.  History Colorado is allowed to contract with 
a research entity to conduct portions of the research.  Among other tasks, the work must include: 
 
 conducting research to more accurately estimate the number of deaths at the school at Fort Lewis; 
 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. 
 
History Colorado is required to provide periodic updates to the Southern Ute Tribe, the Ute Mountain 
Ute Tribe, and the commission, and deliver a final report by June 30, 2023.   
 
After delivery of the final report, History Colorado, in consultation with the Southern Ute Tribe, the 
Ute Mountain Ute Tribe, and the commission, is required to develop recommendations to increase 
understanding of the abuse that occurred and to support tribal members healing from the effects of 
the abuse.  A summary of the findings and recommendations must be made publicly available on 
History Colorado’s website, and a written copy must be delivered to relevant entities specified in the 
bill.  
 
Teller Institute Property. At the time the Department of Human Services (DHS) vacates the former 
Teller Institute Federal Indian 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 
DHS 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 DHS, in consultation with tribal 
governments, develops a plan to acknowledge the abuse and victimization of students and families 
related to the operation of the Federal Indian boarding school located on the property. 
Background 
The Grand Junction Regional Center (GJRC) campus is located on the site of the former Teller Institute 
Federal Indian 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.   Page 3 
May 1, 2022  HB 22-1327  
 
State Expenditures 
The bill increases state expenditures in History Colorado by $702,333 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 
History Colorado   
Personal Services 	$150,000 	-       
Research 	$468,6111  	-       
Total Cost $618,611 	- 
1
 Centrally appropriated costs are not included in the bill's appropriation. 
   
History Colorado.  In FY 2022-23 only, History Colorado requires staff and funding to perform or 
contract for the required research.  
 
 Staff. In FY 2022-23 only, History Colorado requires funding for staff to oversee internal research 
and manage the work of the research entity, coordinate with relevant entities, and ensure the 
provision of the recommendations outlined under the bill. Costs are estimated to be 
approximately $150,000, inclusive of salary and operating costs.  
 
 Research.  In FY 2022-23 only, History Colorado will 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. Costs are estimated to be approximately $468,611.    
 
Governor’s Office. In FY 2022-23 only, the Colorado Commission on Indian Affairs in the Governor’s 
Office is required to attend meetings and provide consultation on the program. The fiscal note 
assumes that this workload is absorbable and that no appropriation is required.      
 
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 Federal Indian 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.   
   Page 4 
May 1, 2022  HB 22-1327  
 
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 the 
amounts in Table 1, 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 and includes an appropriation of $618,611 from the General Fund to 
History Colorado.   
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.