Colorado 2022 Regular Session

Colorado House Bill HB1393 Latest Draft

Bill / Enrolled Version Filed 05/20/2022

                            HOUSE BILL 22-1393
BY REPRESENTATIVE(S) 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;
also SENATOR(S) Gonzales and Moreno, Buckner, Coleman, Danielson,
Jaquez Lewis, Kolker, Story, Fenberg.
C
ONCERNING CREATING THE DISPLACED AURARIAN SCHOLARSHIP FOR THE
DESCENDANTS OF 
AURARIANS DISPLACED BY THE DEVELOPMENT OF
THE 
AURARIA HIGHER EDUCATION CENTER , AND, IN CONNECTION
THEREWITH
, MAKING AN APPROPRIATION.
 
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 23-70-117 as
follows:
23-70-117.  Displaced Aurarian scholarship - created -
appropriation - legislative declaration - definitions. (1) (a)  T
HE GENERAL
ASSEMBLY FINDS AND DECLARES THAT
:
NOTE:  This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (I)  WHEN THE AURARIA HIGHER EDUCATION CENTER WAS BUILT IN
THE 
1970S, A WELL-ESTABLISHED, CLOSE-KNIT, LARGELY HISPANIC
COMMUNITY OF MORE THAN THREE HUNDRED HOUSEHOLDS WERE
DISPLACED
;
(II)  A
S PART OF THE FORCED RELOCATION , THE RESIDENTS WERE
COMPENSATED FOR THEIR HOMES AND PROMISED FREE EDUCATION FOR THE
YEARS TO COME
;
(III)  T
HE DISPLACED AURARIAN SCHOLARSHIP PROGRAM BEGAN IN
THE 
1990S AND PROVIDED FUNDS FOR TUITION AND FEES FOR FORMER
RESIDENTS OF THE 
AURARIA NEIGHBORHOOD , THEIR CHILDREN, AND THEIR
GRANDCHILDREN
; AND
(IV)  AN EXPANSION OF THE SCHOLARSHIP WILL ALLOW ALL LINEAL
DESCENDANTS OF PEOPLE WHO LIVED IN THE 
AURARIA NEIGHBORHOOD FROM
1955 TO 1973 TO BE ELIGIBLE AND WILL FUND SCHOLARSHIPS FOR
UNDERGRADUATE AND GRADUATE PROGRAMS
.
(b)  T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT THE
CREATION OF THE DISPLACED 
AURARIAN SCHOLARSHIP FOR DESCENDANTS
OF PEOPLE WHO LIVED IN THE 
AURARIA NEIGHBORHOOD WILL MAKE
ATTENDING 
METROPOLITAN STATE UNIVERSITY OF DENVER, THE
UNIVERSITY OF 
COLORADO AT DENVER, OR THE COMMUNITY COLLEGE OF
DENVER MORE ACCESSIBLE . THE DISPLACED AURARIAN SCHOLARSHIP
REAFFIRMS THE STATE
'S COMMITMENT TO EQUITY AND RESTORATIVE JUSTICE
BY SUPPORTING AND MAKING EDUCATIONAL OPPORTUNITIES ACCESSIBLE TO
THE DESCENDANTS OF THOSE DISPLACED BY THE 
AURARIA HIGHER
EDUCATION CENTER
.
(2)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a)  "A
URARIA HIGHER EDUCATION CENTER " OR "AURARIA CENTER"
MEANS THE MULTI-INSTITUTIONAL HIGHER EDUCATION COMPLEX DESCRIBED
IN SECTION 
23-70-101.
(b)  "D
EPARTMENT" MEANS THE DEPARTMENT OF HIGHER EDUCATION
CREATED IN SECTION 
24-1-114.
PAGE 2-HOUSE BILL 22-1393 (c)  "DISPLACED AURARIAN" MEANS A PERSON WHOSE FAMILY WAS
DISPLACED BY THE DEVELOPMENT OF THE 
AURARIA CENTER.
(d)  "D
ISPLACED AURARIAN SCHOLARSHIP" OR "SCHOLARSHIP"
MEANS THE DISPLACED AURARIAN SCHOLARSHIP CREATED IN SUBSECTION
(3)(a) OF THIS SECTION.
(3) (a)  T
HERE IS CREATED THE DISPLACED AURARIAN SCHOLARSHIP.
T
HE PURPOSE OF THE SCHOLARSHIP IS TO FULLY FUND THE TUITION OF
DESCENDANTS OF DISPLACED 
AURARIANS TO ATTEND METROPOLITAN STATE
UNIVERSITY OF 
DENVER, THE UNIVERSITY OF COLORADO AT DENVER, OR
THE COMMUNITY COLLEGE OF 
DENVER.
(b)  T
O THE EXTENT THAT MONEY IS AVAILABLE , METROPOLITAN
STATE UNIVERSITY OF 
DENVER, THE UNIVERSITY OF COLORADO AT DENVER,
AND THE COMMUNITY COLLEGE OF DENVER MUST SUPPLEMENT AND
SUPPORT THE INVESTMENT OF SCHOLARSHIP FUNDS FOR THE SCHOLARSHIP
.
(c)  M
ETROPOLITAN STATE UNIVERSITY OF DENVER, THE UNIVERSITY
OF 
COLORADO AT DENVER, AND THE COMMUNITY COLLEGE OF DENVER
SHALL
, IN COLLABORATION , ESTABLISH CRITERIA FOR SCHOLARSHIP
RECIPIENTS
, INCLUDING, BUT NOT LIMITED TO:
(I)  D
EFINING "ELIGIBLE RECIPIENT";
(II)  D
EFINING "LINEAL DESCENDANTS";
(III)  D
EFINING "AURARIA NEIGHBORHOOD ";
(IV)  D
EFINING "QUALIFIED DEGREE PROGRAMS "; AND
(V)  DETERMINING THE DOCUMENTATION REQUIRED TO RECEIVE A
SCHOLARSHIP
.
(4) (a)  F
OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL
ASSEMBLY SHALL APPROPRIATE TWO MILLION DOLLARS FROM THE GENERAL
FUND FOR SCHOLARSHIPS TO THE DEPARTMENT TO BE ALLOCATED IN THE
FOLLOWING MANNER
:
(I)  S
IX HUNDRED SIXTY-SIX THOUSAND SIX HUNDRED SIXTY -SIX
PAGE 3-HOUSE BILL 22-1393 DOLLARS AND SIXTY-SEVEN CENTS TO THE BOARD OF TRUSTEES FOR
METROPOLITAN STATE UNIVERSITY OF DENVER, AS  ESTABLISHED IN
SECTION 
23-54-103;
(II)  S
IX HUNDRED SIXTY-SIX THOUSAND SIX HUNDRED SIXTY	-SIX
DOLLARS AND SIXTY
-SIX CENTS TO THE BOARD OF REGENTS, AS ESTABLISHED
BY SECTION 
12 OF ARTICLE IX OF THE STATE CONSTITUTION , OF THE
UNIVERSITY OF 
COLORADO AT DENVER; AND
(III)  SIX HUNDRED SIXTY-SIX THOUSAND SIX HUNDRED SIXTY -SIX
DOLLARS AND SIXTY
-SEVEN CENTS TO THE STATE BOARD OF COMMUNITY
COLLEGES AND OCCUPATIONAL EDUCATION
, AS ESTABLISHED IN SECTION
23-60-104, FOR THE COMMUNITY COLLEGE OF DENVER.
(b)  M
ETROPOLITAN STATE UNIVERSITY OF DENVER, THE UNIVERSITY
OF 
COLORADO AT DENVER, AND THE COMMUNITY COLLEGE OF DENVER
SHALL EACH HOLD THE FUNDS IN TRUST OR TRANSFER THE FUNDS TO THE
INSTITUTIONAL FOUNDATION OF THE INSTITUTIONS
, AND SHALL ONLY USE
THE FUNDS FOR THE PURPOSE OF THE SCHOLARSHIP AND ANY
ADMINISTRATIVE COSTS OF THE SCHOLARSHIP
. ANY INTEREST, INCOME, AND
PROFIT
, IF ANY, MUST BE USED FOR THE SCHOLARSHIP.
SECTION 2.  Appropriation. For the 2022-23 state fiscal year,
$2,000,000 is appropriated to the department of higher education. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation for the displaced Aurarian
scholarship.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 4-HOUSE BILL 22-1393 November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________  ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
            APPROVED________________________________________
                                                        (Date and Time)
                              _________________________________________
                             Jared S. Polis
                             GOVERNOR OF THE STATE OF COLORADO
PAGE 5-HOUSE BILL 22-1393