Second Regular Session Seventy-third General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 22-1034.01 Alana Rosen x2606 HOUSE BILL 22-1393 House Committees Senate Committees State, Civic, Military, & Veterans Affairs State, Veterans, & Military Affairs Appropriations Appropriations A BILL FOR AN ACT C ONCERNING CREATING THE DISPLACED AURARIAN SCHOLARSHIP FOR101 THE DESCENDANTS OF AURARIANS DISPLACED BY THE102 DEVELOPMENT OF THE AURARIA HIGHER EDUCATION CENTER,103 AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.104 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill creates the displaced Aurarian scholarship (scholarship) to fund scholarships to attend Metropolitan state university of Denver, the university of Colorado at Denver, or the community college of Denver for SENATE 2nd Reading Unamended May 6, 2022 HOUSE 3rd Reading Unamended April 29, 2022 HOUSE Amended 2nd Reading April 28, 2022 HOUSE SPONSORSHIP Tipper and Soper, Gonzales-Gutierrez, Amabile, Bacon, Benavidez, Bernett, Bird, Caraveo, Cutter, Daugherty, Duran, Esgar, Exum, Froelich, Herod, Hooton, Jodeh, Kipp, Lontine, McCluskie, McLachlan, Michaelson Jenet, Mullica, Ortiz, Rich, Ricks, Sirota, Sullivan, Titone, Valdez A., Valdez D., Weissman SENATE SPONSORSHIP Gonzales and Moreno, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. descendants of people displaced by the development of the Auraria higher education center. The bill appropriates $2 million from the general fund to the department of higher education to be distributed to Metropolitan state university of Denver, the university of Colorado at Denver, and the community college of Denver for the scholarships. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add 23-70-117 as2 follows:3 23-70-117. Displaced Aurarian scholarship - created -4 appropriation - legislative declaration - definitions. (1) (a) T HE5 GENERAL ASSEMBLY FINDS AND DECLARES THAT :6 (I) W HEN THE AURARIA HIGHER EDUCATION CENTER WAS BUILT7 IN THE 1970S, A WELL-ESTABLISHED, CLOSE-KNIT, LARGELY HISPANIC8 COMMUNITY OF MORE THAN THREE HUNDRED HOUSEHOLDS WERE9 DISPLACED;10 (II) A S PART OF THE FORCED RELOCATION, THE RESIDENTS WERE11 COMPENSATED FOR THEIR HOMES AND PROMISED FREE EDUCATION FOR12 THE YEARS TO COME;13 (III) T HE DISPLACED AURARIAN SCHOLARSHIP PROGRAM BEGAN14 IN THE 1990S AND PROVIDED FUNDS FOR TUITION AND FEES FOR FORMER15 RESIDENTS OF THE AURARIA NEIGHBORHOOD, THEIR CHILDREN, AND THEIR16 GRANDCHILDREN; AND17 (IV) A N EXPANSION OF THE SCHOLARSHIP WILL ALLOW ALL LINEAL18 DESCENDANTS OF PEOPLE WHO LIVED IN THE AURARIA NEIGHBORHOOD19 FROM 1955 TO 1973 TO BE ELIGIBLE AND WILL FUND SCHOLARSHIPS FOR20 UNDERGRADUATE AND GRADUATE PROGRAMS .21 (b) T HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT THE22 1393-2- CREATION OF THE DISPLACED AURARIAN SCHOLARSHIP FOR DESCENDANTS1 OF PEOPLE WHO LIVED IN THE AURARIA NEIGHBORHOOD WILL MAKE2 ATTENDING METROPOLITAN STATE UNIVERSITY OF DENVER, THE3 UNIVERSITY OF COLORADO AT DENVER, OR THE COMMUNITY COLLEGE OF4 D ENVER MORE ACCESSIBLE . THE DISPLACED AURARIAN SCHOLARSHIP5 REAFFIRMS THE STATE'S COMMITMENT TO EQUITY AND RESTORATIVE6 JUSTICE BY SUPPORTING AND MAKING EDUCATIONAL OPPORTUNITIES7 ACCESSIBLE TO THE DESCENDANTS OF THOSE DISPLACED BY THE AURARIA8 HIGHER EDUCATION CENTER.9 (2) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE10 REQUIRES:11 (a) "A URARIA HIGHER EDUCATION CENTER " OR "AURARIA CENTER"12 MEANS THE MULTI -INSTITUTIONAL HIGHER EDUCATION COMPLEX13 DESCRIBED IN SECTION 23-70-101.14 (b) "D EPARTMENT" MEANS THE DEPARTMENT OF HIGHER15 EDUCATION CREATED IN SECTION 24-1-114.16 (c) "D ISPLACED AURARIAN" MEANS A PERSON WHOSE FAMILY WAS17 DISPLACED BY THE DEVELOPMENT OF THE AURARIA CENTER.18 (d) "D ISPLACED AURARIAN SCHOLARSHIP" OR "SCHOLARSHIP"19 MEANS THE DISPLACED AURARIAN SCHOLARSHIP CREATED IN SUBSECTION20 (3)(a) OF THIS SECTION.21 (3) (a) T HERE IS CREATED THE DISPLACED AURARIAN22 SCHOLARSHIP. THE PURPOSE OF THE SCHOLARSHIP IS TO FULLY FUND THE23 TUITION OF DESCENDANTS OF DISPLACED AURARIANS TO ATTEND24 M ETROPOLITAN STATE UNIVERSITY OF DENVER, THE UNIVERSITY OF25 C OLORADO AT DENVER, OR THE COMMUNITY COLLEGE OF DENVER.26 (b) T O THE EXTENT THAT MONEY IS AVAILABLE , METROPOLITAN27 1393 -3- STATE UNIVERSITY OF DENVER, THE UNIVERSITY OF COLORADO AT1 D ENVER, AND THE COMMUNITY COLLEGE OF DENVER MUST SUPPLEMENT2 AND SUPPORT THE INVESTMENT OF SCHOLARSHIP FUNDS FOR THE3 SCHOLARSHIP.4 (c) M ETROPOLITAN STATE UNIVERSITY OF DENVER, THE5 UNIVERSITY OF COLORADO AT DENVER, AND THE COMMUNITY COLLEGE6 OF DENVER SHALL, IN COLLABORATION, ESTABLISH CRITERIA FOR7 SCHOLARSHIP RECIPIENTS, INCLUDING, BUT NOT LIMITED TO:8 (I) D EFINING "ELIGIBLE RECIPIENT"; 9 (II) DEFINING "LINEAL DESCENDANTS";10 (III) DEFINING "AURARIA NEIGHBORHOOD ";11 (IV) DEFINING "QUALIFIED DEGREE PROGRAMS "; AND12 (V) DETERMINING THE DOCUMENTATION REQUIRED TO RECEIVE A13 SCHOLARSHIP.14 (4) (a) F OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL15 ASSEMBLY SHALL APPROPRIATE TWO MILLION DOLLARS FROM THE16 GENERAL FUND FOR SCHOLARSHIPS TO THE DEPARTMENT TO BE17 ALLOCATED IN THE FOLLOWING MANNER :18 (I) S IX HUNDRED SIXTY-SIX THOUSAND SIX HUNDRED SIXTY -SIX19 DOLLARS AND SIXTY-SEVEN CENTS TO THE BOARD OF TRUSTEES FOR20 M ETROPOLITAN STATE UNIVERSITY OF DENVER, AS ESTABLISHED IN21 SECTION 23-54-103;22 (II) S IX HUNDRED SIXTY-SIX THOUSAND SIX HUNDRED SIXTY -SIX23 DOLLARS AND SIXTY -SIX CENTS TO THE BOARD OF REGENTS, AS24 ESTABLISHED BY SECTION 12 OF ARTICLE IX OF THE STATE CONSTITUTION,25 OF THE UNIVERSITY OF COLORADO AT DENVER; AND26 (III) S IX HUNDRED SIXTY-SIX THOUSAND SIX HUNDRED SIXTY-SIX27 1393 -4- DOLLARS AND SIXTY-SEVEN CENTS TO THE STATE BOARD OF COMMUNITY1 COLLEGES AND OCCUPATIONAL EDUCATION, AS ESTABLISHED IN SECTION2 23-60-104, FOR THE COMMUNITY COLLEGE OF DENVER.3 (b) M ETROPOLITAN STATE UNIVERSITY OF DENVER, THE4 UNIVERSITY OF COLORADO AT DENVER, AND THE COMMUNITY COLLEGE5 OF DENVER SHALL EACH HOLD THE FUNDS IN TRUST OR TRANSFER THE6 FUNDS TO THE INSTITUTIONAL FOUNDATION OF THE INSTITUTIONS , AND7 SHALL ONLY USE THE FUNDS FOR THE PURPOSE OF THE SCHOLARSHIP AND8 ANY ADMINISTRATIVE COSTS OF THE SCHOLARSHIP . ANY INTEREST,9 INCOME, AND PROFIT, IF ANY, MUST BE USED FOR THE SCHOLARSHIP.10 SECTION 2. Appropriation. For the 2022-23 state fiscal year,11 $2,000,000 is appropriated to the department of higher education. This12 appropriation is from the general fund. To implement this act, the13 department may use this appropriation for the displaced Aurarian14 scholarship.15 SECTION 3. Act subject to petition - effective date. This act16 takes effect at 12:01 a.m. on the day following the expiration of the17 ninety-day period after final adjournment of the general assembly; except18 that, if a referendum petition is filed pursuant to section 1 (3) of article V19 of the state constitution against this act or an item, section, or part of this20 act within such period, then the act, item, section, or part will not take21 effect unless approved by the people at the general election to be held in22 November 2022 and, in such case, will take effect on the date of the23 official declaration of the vote thereon by the governor.24 1393 -5-