Page 1 June 1, 2022 HB 22-1081 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Final Fiscal Note Drafting Number: Prime Sponsors: LLS 22-0611 Rep. Holtorf Sen. Simpson Date: Bill Status: Fiscal Analyst: June 1, 2022 Postponed Indefinitely Clare Pramuk | 303-866-2677 clare.pramuk@state.co.us Bill Topic: REESTABLISH SUNRISE SUNSET REVIEW COMMITTEE Summary of Fiscal Impact: ☐ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☐ Local Government ☐ Statutory Public Entity This bill would have reestablished the Committee for Sunrise and Sunset Reviews to consider the continuation or termination of each division, board, agency, and advisory committee subject to sunset review, as well as sunrise proposals to regulate a new professional or occupational group. It would have increased state expenditures on an ongoing basis. Appropriation Summary: For FY 2022-23, the bill would have required an appropriation of $71,452 to multiple agencies. Fiscal Note Status: The fiscal note reflects the introduced bill. This bill was not enacted into law; therefore, the impacts identified in this analysis do not take effect. Table 1 State Fiscal Impacts Under HB 22-1081 Budget Year FY 2022-23 Out Year FY 2023-24 Revenue - - Expenditures General Fund $71,452 $45,955 Centrally Appropriated $15,618 $10,928 Total Expenditures $87,070 $56,883 Total FTE 1.0 FTE 0.7 FTE Transfers - - Other Budget Impacts General Fund Reserve $10,718 $6,892 Page 2 June 1, 2022 HB 22-1081 Summary of Legislation This bill reestablishes the six member Committee for Sunrise and Sunset Reviews to consider the continuation or termination of each division, board, agency, and advisory committee subject to sunset review. The committee will also consider sunrise proposals to regulate a new professional or occupational group. Any bill that creates a new advisory committee must be referred to the committee for a review of whether the advisory committee should be created. Finally, the bill shortens the time that the Department of Regulatory Agencies has to conduct its analysis of sunrise proposals. Background Between 1985 and 1996, the Committee for Sunrise and Sunset Reviews met during the legislative interim to review sunrise and sunset reports prepared by the Department of Regulatory Agencies regarding the regulation of professions and occupations and advisory committees. The committee also heard testimony from proponents and opponents, and sponsored bills to begin, continue, or terminate regulatory functions or advisory committees. In 1996, the committee was repealed and in its place House committees of reference are designated to hear sunrise and sunset reports in even numbered years and Senate committees of reference are designated in odd numbered years. State Expenditures The bill increases state expenditures by $84,121 in FY 2022-23 and $53,934 in FY 2023-24 from the General Fund for the Department of Regulatory Agencies and the Legislative Department. Expenditures are shown in Table 2 and detailed below. Department of Regulatory Agencies. The Office of Policy, Research and Regulatory Reform requires additional staffing to meet the earlier deadlines established in the bill for the analysis of sunrise requests. The office requires 1.0 FTE in FY 2022-23, prorated for the General Fund paydate shift, and reduced to 0.6 FTE in FY 2023-24 when more time is allotted for reviews. Standard operating and capital outlay costs are included. Legislative Department. Because the bill creates a new committee, Legislative Council Staff requires an additional 0.1 FTE of a research analyst to staff the committee. In addition, assuming two meetings are held outside of the legislative session, costs in the General Assembly for member per diem and travel expenses. These costs are shown in Table 2 below. 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. Page 3 June 1, 2022 HB 22-1081 Table 2 Expenditures Under HB 22-1081 Cost Components FY 2022-23 FY 2023-24 Department of Regulatory Agencies Personal Services $54,295 $35,538 Operating Expenses $1,350 $810 Capital Outlay Costs $6,200 - Centrally Appropriated Costs 1 $13,889 $9,199 FTE – Personal Services 0.9 FTE 0.6 FTE DORA Subtotal $75,734 $45,547 Legislative Department Personal Services $6,777 $6,777 Member Per Diem and Travel $2,830 $2,830 Centrally Appropriated Costs 1 $1,729 $1,729 FTE – Personal Services 0.1 FTE 0.1 FTE LCS Subtotal $11,336 $11,336 Total $87,080 $56,883 Total FTE 1.0 FTE 0.7 FTE 1 Centrally appropriated costs are not included in the bill's appropriation. 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 shown in Table 1, which will decrease the amount of General Fund available for other purposes. Effective Date The bill was postponed indefinitely by the House State, Civic, Veterans, and Military Affairs Committee on February 17, 2022." State Appropriations For FY 2022-23, the bill requires the following General Fund appropriations: $61,845 to the Department of Regulatory Agencies and 0.9 FTE; and Page 4 June 1, 2022 HB 22-1081 $9,607 to the Legislative Department, including $6,777 and 0.1 FTE for Legislative Council Staff and $2,830 to the General Assembly. State and Local Government Contacts Information Technology Legislative Council Staff Regulatory Agencies The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each fiscal year. 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