(1) There is hereby created in the state treasury the state museum cash fund, referred to in this section as the cash fund. The cash fund consists of all money transferred to the cash fund from the state historical fund pursuant to section 44-30-1201 (5); money transferred from the justice center cash fund pursuant to section 13-32-101 (7)(b)(II), as said subsection existed prior to its repeal in 2015; and any other money appropriated to the cash fund by the general assembly.
(2) (a) Money in the cash fund shall be subject to annual appropriation by the general assembly to the state historical society to pay for the planning, design, acquisition, and construction of and relocation to a new state museum, exhibits for the museum, and for exhibit planning, development, and build-out at other facilities owned and operated by the historical society.
(b) In addition to the purposes for which the state historical society may use money in the cash fund pursuant to subsection (2)(a) of this section, in the 2024-25 state fiscal year, the state historical society may use up to one million six hundred thousand dollars of money in the cash fund to provide a zero interest loan to the department of revenue to facilitate the department of revenue's co-location and consolidation to the Auraria higher education center. The department of revenue shall repay any loan made by the state historical society pursuant to this subsection (2)(b) in an amount equal to at least four hundred thousand dollars per year until the loan is repaid in full and shall complete the loan repayments by June 30, 2029.
(3) (a) Except as otherwise provided in subsection (3)(b) of this section, the state historical society shall retain three million dollars and compounding interest earned on this amount beginning July 1, 2015, in the cash fund as a controlled maintenance reserve for the new state museum. The controlled maintenance reserve is available for appropriation for controlled maintenance at the museum beginning in the 2027-28 state fiscal year.
(b) (I) Beginning July 1, 2027, and continuing through June 30, 2029, the state historical society may reduce the minimum cash fund balance required pursuant to subsection (3)(a) of this section by the amount of the loan the state historical society has made to the department of revenue pursuant to subsection (2)(b) of this section.
(II) This subsection (3)(b) is repealed, effective July 1, 2029.
(4) Appropriations from the cash fund remain available to the state historical society for a period of four years.
(5) The state treasurer shall invest any money in the cash fund not expended for the purpose of this section as provided by law. All interest and income derived from the investment and deposit of money in the cash fund is credited to the cash fund.
(6) Any unexpended and unencumbered money remaining in the cash fund at the end of a fiscal year remains in the cash fund and is not credited or transferred to the general fund or another fund.
Source: L. 2008: Entire section added, p. 2112, � 4, effective June 4. L. 2015: Entire section amended, (SB 15-264), ch. 259, p. 961, � 72, effective August 5. L. 2016: Entire section amended, (HB 16-1352), ch. 132, p. 383, � 1, effective April 22. L. 2018: Entire section amended, (SB 18-034), ch. 14, p. 248, � 42, effective October 1. L. 2024: Entire section amended, (SB 24-222), ch. 310, p. 2088, � 3, effective May 31.
Cross references: For the legislative declaration contained in the 2008 act enacting this section, see section 1 of chapter 417, Session Laws of Colorado 2008.
24-80-215. America 250 - Colorado 150 commission - creation - powers and duties - report - cash fund - definitions - repeal. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Commission means the America 250 - Colorado 150 commission created in this section.
(b) Executive director means the executive director of history Colorado.
(b.5) Fund means the America 250 - Colorado cash fund created in subsection (8.5) of this section.
(c) History Colorado means the state historical society established in section 24-80-201.
(2) Commission created. The America 250 - Colorado 150 commission is created in history Colorado to develop programs and plan for the official observance across Colorado of the semiquincentennial anniversary of the founding of the United States, as marked by the Declaration of Independence in 1776, and the sesquicentennial anniversary of Colorado statehood.
(3) Membership and appointments. (a) The commission consists of twenty-one voting members as follows:
(I) The executive director or the executive director's designee;
(II) A representative of the Ute Mountain Ute Tribe, designated by the Ute Mountain Ute tribal council;
(III) A representative of the Southern Ute Indian Tribe, designated by the Southern Ute tribal council;
(IV) The director of the Colorado tourism office created in section 24-49.7-103 or the director's designee;
(V) The commissioner of education or the commissioner's designee; and
(VI) Sixteen members appointed by the governor, as follows:
(A) One member representing the Colorado philanthropic community;
(B) One member representing the Colorado business community;
(C) One member from a local historical society or museum;
(D) One member with experience in the study and documentation of the history of Black communities in Colorado;
(E) One member with experience in the study and documentation of the history of Latino communities in Colorado;
(F) One member with experience in the study and documentation of the history of Asian American communities in Colorado;
(G) Two members who are Colorado residents representing Indigenous communities, as defined in section 24-33.5-2601 (2), and who are members of a federally recognized tribe with historic ties to Colorado that is not the Ute Mountain Ute Tribe or the Southern Ute Indian Tribe;
(H) One member representing military and veterans affairs;
(I) One member who is an expert in disability history or is working for a disability rights organization;
(J) Two at-large members; and
(K) Four members determined by the governor, in the governor's discretion, to enhance and expand the expertise of the commission with regards to its duties as set forth in subsection (4) of this section.
(b) The governor shall make appointments to the commission as set forth in subsections (3)(a)(VI)(A) to (3)(a)(VI)(F) of this section on or before September 1, 2022. The governor shall make appointments to the commission as set forth in subsection (3)(a)(VI)(K) of this section on or before October 1, 2023. The governor shall make appointments to the commission as set forth in subsections (3)(a)(VI)(G) to (3)(a)(VI)(J) of this section not later than June 6, 2024. In making appointments, the governor shall attempt to ensure that the members represent the geographic diversity of the state.
(c) Each appointed member of the commission serves at the pleasure of the governor. The term of appointment is for the duration of the commission's existence. In the event of a vacancy, the governor shall appoint a new member for the remainder of the term. An appointment to fill a vacancy is subject to the requirements set forth for the vacant position in this subsection (3).
(d) The commission shall choose officers from among its members, including two co-chairs. One co-chair shall lead efforts related to the semiquincentennial activities in the state, and one co-chair shall lead efforts related to the sesquicentennial activities in the state.
(e) Members of the commission serve without compensation; except that each member who is not an employee of the state is entitled to reimbursement for actual and necessary expenses incurred in the discharge of the member's official duties.
(f) Members of the commission may participate remotely in commission meetings and other activities, including by telephone or video conference. Remote participation in commission meetings shall be noted in the meeting minutes.
(4) Powers and duties. (a) The commission shall:
(I) Develop and promote plans for statewide recognition of the two hundred fiftieth anniversary of the founding of the United States and the one hundred fiftieth anniversary of Colorado statehood between July 1, 2025, and December 31, 2026, including but not limited to:
(A) Historical activities;
(B) The creation and publication of historical documents;
(C) Cooperation with agencies responsible for the preservation or restoration of historic sites, buildings, art, and artifacts;
(D) Educational opportunities for Colorado youth to understand their historic roots in the United States and Colorado;
(E) The promotion of scholarship and research that illuminates the history of the American west and Colorado within the larger story of the United States;
(F) The arrangement of appropriate public ceremonies; and
(G) Commemorative events, supported by a comprehensive marketing and tourism campaign;
(II) Identify statewide and local community partners to provide local opportunities for public discussion, commemorative events, and historical and educational activities regarding the founding of the United States and the subsequent two hundred fifty years and the advent of Colorado statehood and the subsequent one hundred fifty years;
(III) Cooperate with and represent the state in official dealings with the United States semiquincentennial commission and the America250 foundation;
(IV) Identify, celebrate, and build knowledge around the history of Black communities, Indigenous communities, communities of color, women, and people with disabilities in the history and development of the United States and the state of Colorado, including the history that pre-dates the founding of both nation and state; and
(V) Ensure that the activities of the commission represent the geographic and demographic diversity of the state, are accessible to people with disabilities, and are, to the extent possible, accessible to communities across the state on an equitable basis.
(b) In carrying out its duties, the commission may:
(I) Coordinate and engage in semiquincentennial or sesquicentennial initiatives proposed or undertaken by any public or nonpublic person or entity; and
(II) Consult with and seek guidance, information, and support from stakeholders across the state, including through the establishment of subcommittees in accordance with subsection (5) of this section.
(5) Advisory panel and subcommittees. (a) (I) The commission shall establish an advisory panel to consult with the commission on regional activities celebrating the history and culture of regions across the state. The co-chairs of the commission shall appoint with the advice and consent of the commission one member to the advisory panel from each of the eight tourism regions of the state, as defined by the Colorado tourism office created in section 24-49.7-103. The co-chairs of the commission shall make appointments to the advisory panel on or before December 1, 2022.
(II) The term of appointment to the advisory panel is for the duration of the panel's existence. Members of the advisory panel serve at the pleasure of the co-chairs of the commission. In the event of a vacancy, the co-chairs shall appoint a new member for the remainder of the term, subject to the requirements for the vacant position set forth in subsection (5)(a)(I) of this section.
(III) Members of the advisory panel serve without compensation but are entitled to reimbursement for actual and necessary expenses incurred in the discharge of the members' duties. Members of the advisory panel may participate in meetings and activities of the panel remotely, including through telephone or video conference. Remote participation in advisory panel meetings shall be noted in the meeting minutes.
(b) (I) The commission may establish additional subcommittees to help carry out the commission's duties, including the development of programming and events on a regional or thematic basis.
(II) When establishing a subcommittee, the commission shall set forth the purpose of the subcommittee and its membership, duties, and duration.
(III) The co-chairs of the commission shall appoint the members of a subcommittee with the advice and consent of the commission. The co-chairs may appoint individuals who are not members of the commission to serve on a subcommittee. Members of a subcommittee serve for the duration of the subcommittee's existence.
(IV) Members of a subcommittee serve without compensation, but are entitled to reimbursement for actual and necessary expenses incurred in the discharge of the members' duties. Members of a subcommittee may participate in meetings and activities of the subcommittee remotely, including through telephone or video conference. Remote participation in subcommittee meetings shall be noted in the meeting minutes.
(6) Meetings. The commission shall hold its first meeting on or before November 1, 2022, and shall meet thereafter upon the call of either of the co-chairs.
(7) Staff support. Upon request by the commission, history Colorado shall provide office space, equipment, and staff services as may be necessary to implement this section. The commission may retain the services of a consultant or staff director to assist the commission in accomplishing its duties, including by providing administrative support, directing fundraising and development for the commission, planning events, and other duties as defined by the commission.
(8) Gifts, grants, and donations. History Colorado and the commission may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. History Colorado and the commission shall transmit all money received through gifts, grants, or donations pursuant to this subsection (8) to the state treasurer, who shall credit the money to the fund. <P N=(8.5)(a)> (8.5) Cash fund. (a) The America 250 - Colorado 150 cash fund is created in the state treasury. The fund consists of earned revenue from the sale of commemorative items sold in connection with the commission's marketing authority set forth in subsection (4) of this section that is received and credited to the fund pursuant to this subsection (8.5); gifts, grants, and donations received by the commission or history Colorado pursuant to subsection (8) of this section; and any other money that the general assembly may appropriate or transfer to the fund.
(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(c) Money in the fund is continuously appropriated to the commission through history Colorado for the purposes of accomplishing the duties specified in subsection (4)(a)(I) of this section and providing community grants to communities across the state to assist recipient communities with providing local opportunities related to commemoration of the two hundred fiftieth anniversary of the founding of the United States and the one hundred fiftieth anniversary of Colorado statehood such as those set forth in subsection (4)(a)(II) of this section. Money in the fund may also be used by the commission for the purpose of administering, implementing, and effectuating the community grants.
(d) On or before October 15, 2024, and on or before October 15 of each year thereafter for three consecutive years, the commission shall submit a report to the joint budget committee of the general assembly about the community grants awarded and any related use of money in the fund pursuant to this subsection (8.5), including information about the recipient of each grant, the dollar amount of each grant, and the uses of each grant. The report may be submitted in connection with the report required by subsection (9) of this section.
(e) The state treasurer shall transfer all unexpended and unencumbered money in the fund on June 30, 2027, to the general fund.
(f) On July 1, 2024, the state treasurer shall transfer two hundred fifty thousand dollars from the general fund to the fund.
(9) Reports. History Colorado shall annually report on the activities of the commission as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act presentation required by section 2-7-203.
(10) Repeal. This section is repealed, effective December 31, 2027.
Source: L. 2022: Entire section added, (SB 22-011), ch. 229, p. 1691, � 1, effective May 26. L. 2023: IP(3)(a), IP(3)(a)(VI), (3)(a)(VI)(E), (3)(a)(VI)(F), and (3)(b) amended and (3)(a)(VI)(G) added, (SB 23-297), ch. 409, p. 2436, � 1, effective June 6. L. 2024: (1)(b.5) and (8.5) added and (10) amended, (HB 24-1209), ch. 20, p. 55, � 1, effective March 8; IP(3)(a), IP(3)(a)(VI), (3)(a)(VI)(F), (3)(a)(VI)(G), (3)(b), (8), (8.5)(a), and (8.5)(c) amended and (3)(a)(VI)(H) to (3)(a)(VI)(K), and (8.5)(f) added, (SB 24-170), ch. 448, p. 3125, � 1, effective June 6.
24-80-216. Indian boarding school research program - recommendations - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) American Indian means an individual having descended from people who were living in North America prior to the time that people from Europe began settling in North America.
(b) American Indian boarding school means a boarding school operated at any time in Colorado for American Indians that was authorized by the federal government, the state, religious organizations, or private institutions that were not located on an Indian reservation.
(c) Commission means the Colorado commission of Indian affairs established pursuant to section 24-44-102.
(d) Historically impacted American Indians means American Indians, including individuals who have attended or are descended from persons who have attended Indian boarding schools.
(e) Program means the Indian boarding school research program established in subsection (2)(a) of this section.
(f) Society means the state historical society.
(g) Steering committee means the American Indian steering committee established in subsection (5)(a) of this section.
(2) (a) There is established in the state historical society the Indian boarding school research program to research and develop recommendations with tribal consultation and listening sessions with American Indian and Alaska native communities to promote Coloradans' understanding of the physical and emotional abuse and deaths that occurred at and in relation to Indian boarding schools in Colorado, including the victimization of and intergenerational impacts on families of the youth forced to attend the boarding schools. These recommendations must be shared with the commission and the steering committee before the recommendations are shared publicly.
(b) The state historical society, through the program, shall conduct ongoing research to develop recommendations to the Colorado department of education, the Colorado department of higher education, and the general assembly to address the impact of federal, state, and local schooling systems on American Indian communities and in partnership with the commission and the steering committee. In developing the recommendations, the society must:
(I) Formally consult with federally recognized Indian tribes;
(II) Conduct research related to objects, artifacts, and real or personal property. If the society conducts a comprehensive review of research that focuses on objects, artifacts, or real or personal property that is in the possession or control of private individuals, private entities, or non-federal government entities within the United States, the society may enter into a contract or agreement to acquire, hold, curate, or maintain those objects, artifacts, or real or personal property until the objects, artifacts, or real or personal property can be properly repatriated or returned, consistent with applicable federal law and regulations and subject to the condition that no federal funds may be used to purchase those objects, artifacts, or real or personal property.
(III) Engage in listening sessions with American Indian communities on the history and impact of Indian boarding schools in Colorado. The listening sessions may include visits to boarding school sites including but not limited to Grand Junction Indian boarding school, Fort Lewis Indian boarding school, Southern Ute boarding school, Navajo day school, Allen day school, Towaoc day school, good shepherd industrial school for girls, state industrial school for boys, Ignacio school, the Colorado school for the deaf and blind, and holy cross Abbey.
(IV) Collect confidential oral histories from survivors that highlight historically impacted American Indian narratives. The oral history projects must include histories from the Southern Ute Indian Tribe, the Ute Mountain Ute Tribe, and other historically impacted American Indians and tribal nations that may have had students who attended Colorado Indian boarding schools. Additional confidential oral history projects with other American Indian or Alaska native communities must be conducted. Confidential, for purposes of this subsection (2)(b)(IV), means that any identifying qualities of an individual will not be made public.
(c) The society must provide public-facing, joint quarterly updates to the commission and steering committee on the requirements of subsection (2)(b) of this section. The society shall provide preliminary recommendations, developed with tribal consultation and listening sessions with historically impacted American Indians, to the commission no later than November 8, 2025, and shall provide final recommendations by May 10, 2027.
(3) The society, in consultation with the steering committee, commission, tribal nations, and historically impacted American Indians, must provide recommendations on providing the best care and memorialization at all American Indian boarding school sites in Colorado, including Hesperus and Grand Junction and any cemetery in Old Fort in collaboration with Fort Lewis college and the Colorado department of human services through tribal consultations. The Colorado department of human services must complete tribal consultations before the transfer or sale of land managed by the Colorado department of human services at the Grand Junction regional center. The society must follow all requirements of the Native American Grave Protection and Repatriation Act, 25 U.S.C. sec. 3001 et seq.
(4) (a) A third-party entity, which may be an entity outside of Colorado, that enters into an agreement with the commission or society to conduct research pursuant to subsections (2) and (3) of this section must meet the following criteria:
(I) Demonstrate experience working with historically impacted American Indians;
(II) Demonstrate experience of trauma-informed approaches; and
(III) Indicate an understanding of trauma and how it passes through generations.
(b) When the society or commission is considering contracting with a third-party entity, the society or commission must give preference to a third-party entity that consists of individuals who are of American Indian descent or are historically impacted American Indians.
(5) (a) There is established an American Indian steering committee in the society. The steering committee's purpose is to identify and advise the society on areas of concern regarding Indian boarding schools and issues relating to organizing or conducting search efforts related to graves at school sites, development of support groups, or other supportive efforts related to Indian boarding schools. The steering committee shall meet at least once per quarter in state fiscal year 2024-25, and biannually thereafter, at dates and times requested by the commission. The steering committee may meet electronically.
(b) The steering committee consists of the following members, who must be appointed by the society with inclusive representation from organizations that are led by and serve American Indian communities in Colorado:
(I) An individual who represents the Ute Mountain Ute tribe and who is confirmed by the Ute Mountain Ute tribal council;
(II) An individual who represents the Southern Ute Indian tribe and who is confirmed by the Southern Ute tribal council;
(III) Two individuals who are citizens of other tribal nations identified as having members enrolled at any time in an Indian boarding school in Colorado;
(IV) Three survivors of Indian boarding schools in Colorado;
(V) Three descendants of Colorado Indian boarding school survivors;
(VI) One American Indian in the cultural resource management profession;
(VII) One trauma-informed mental health professional;
(VIII) One American Indian employee of the society;
(IX) One individual who has expertise in researching the history and impact of Indian boarding schools; and
(X) One tribal historic preservation officer from any of the identified tribal nations that had students attend a boarding school in Colorado.
(c) The society shall appoint members of the steering committee as soon as practicable after August 7, 2024, but no later than September 1, 2024.
(d) The steering committee members serve without compensation and without reimbursement for any expenses incurred related to serving on the committee.
(6) For state fiscal year 2024-25, the general assembly shall appropriate three hundred thirty-three thousand three hundred thirty-four dollars, and for each of state fiscal years 2025-26 and 2026-27, the general assembly shall appropriate three hundred thirty-three thousand three hundred thirty-three dollars from the general fund to the state historical society, established in section 24-80-201, to fund two term-limited, full-time employees with American Indian hiring preference and to implement the requirements of this section. Any money appropriated pursuant to this subsection (6) that is not expended or encumbered at the end of the state fiscal year for which it was appropriated remains available for expenditure in subsequent fiscal years without further appropriation.
(7) This section is repealed, effective December 31, 2027.
Source: L. 2022: Entire section added, (HB 22-1327), ch. 216, p. 1421, � 2, effective May 24. L. 2024: Entire section RC&RE, (HB 24-1444), ch. 233, p. 1459, � 2, effective August 7. L. 2025: (1)(b), (1)(c), (2)(b)(IV), and (6) amended, (SB 25-300), ch. 428, p. 2451, � 38, effective August 6.
Editor's note: Subsection (5) provided for the repeal of this section, effective December 31, 2023. (See L. 2022, p. 1421.) However, this section was recreated in 2024.
Cross references: For the legislative declaration in HB 24-1444, see section 1 of chapter 233, Session Laws of Colorado 2024.
24-80-217. State historical society strategic initiatives fund - creation - repeal. (1) The state historical society strategic initiatives fund is hereby created in the state treasury. The fund consists of money transferred to the fund from the limited gaming fund pursuant to section 44-30-701 (2)(a)(V.5)(A). The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(2) Subject to annual appropriation by the general assembly, the state historical society may expend money from the fund for programs and activities that strengthen the society's financial position and expand its impact on the people of the state.
(3) (a) On June 30, 2027, the state treasurer shall transfer any unexpended money in the fund to the general fund.
(b) This section is repealed, effective July 1, 2027.
Source: L. 2022: Entire section added, (SB 22-216), ch. 422, p. 3003, � 1, effective June 7.