Colorado 2022 2022 Regular Session

Colorado House Bill HB1143 Introduced / Fiscal Note

Filed 02/15/2022

                    Page 1 
February 14, 2022  HB 22-1143  
 
 Legislative Council Staff 
Nonpartisan Services for Colorado’s Legislature 
 
Fiscal Note  
  
 
Drafting Number: 
Prime Sponsors: 
LLS 22-0781  
Rep. Bradfield 
Sen. Ginal  
Date: 
Bill Status: 
Fiscal Analyst: 
February 14, 2022 
House HHS  
Jake Carias | 303-866-4776 
Jake.Carias@state.co.us  
Bill Topic: STATE AUXILIARY SERVICES PROGRAM  
Summary of  
Fiscal Impact: 
☒ State Revenue 
☒ State Expenditure 
☐ State Transfer 
☒ TABOR Refund 
☐ Local Government 
☐ Statutory Public Entity 
 
The bill requires the Colorado Commission for the Deaf, Hard of Hearing, and DeafBlind 
to continue the operations of the state auxiliary services program indefinitely and 
expand the program to include all state agencies, including the Governor’s Office.  It 
establishes a new advisory board to oversee the implementation of the bill’s 
requirements.  The bill will increase state revenue and expenditures beginning in 
FY 2022-23.   
Appropriation 
Summary: 
For FY 2022-23, the bill requires an appropriation of $306,771 to the Department of 
Human Services.  
Fiscal Note 
Status: 
The fiscal note reflects the introduced bill. 
 
 
Table 1 
State Fiscal Impacts Under HB 22-1143 
 
  
Budget Year 
FY 2022-23 
Out Year 
FY 2023-24 
Out Year  
FY 2027-28
1
 
Revenue 	Cash Funds $360,000       $480,000 $840,000 
 	Total Revenue $360,000       $480,000 $840,000 
Expenditures 	Cash Funds $306,771 $398,197        $776,197 
 	Centrally Appropriated $39,119             $38,143       $48,143 
 	Total Expenditures $345,890            $446,340      $824,340 
 	Total FTE 2.4 FTE 3.0 FTE 3.0 FTE 
Transfers  	-       -       -       
Other Budget Impacts TABOR Refund $360,000       $480,000 $840,000       
1
 Fiscal impacts in FY 2027-28 represent the bill’s full implementation. 
    Page 2 
February 14, 2022  HB 22-1143  
 
Summary of Legislation 
The bill requires the Colorado Commission for the Deaf, Hard of Hearing, and DeafBlind 
(commission) to continue indefinitely the state auxiliary services (SAS) program operations.  The 
commission is required to centralize access to communication services for all state agencies for deaf, 
hard of hearing, and deafblind individuals, including:   
 
 coordinating the scheduling of services; 
 resolving issues with services; 
 creating a process by which these services can be procured and supported. 
 
The commission will establish an advisory council to make recommendations on the process and work 
with the Colorado Department of Human Services’ (CDHS) executive director to set the rules 
necessary to carry out these requirements.  The advisory committee will develop an annual report, 
including data, to be reported to the Governor and General Assembly.  
Background 
The Colorado Commission for the Deaf, Hard of Hearing, and DeafBlind is comprised of seven 
Governor-appointed interdisciplinary experts.  The director and other staff support the commission 
to implement programs and services across the state.  The Pilot State Auxiliary Services unit provides 
access to effective communication for deaf, hard of hearing, or deafblind individuals through qualified 
and certified staff or vendors who provide sign language interpretation or human-generated 
captioning, known as Communication Access to Realtime Translation or CART services.  The SAS 
program currently provides these services to the Colorado State Courts, state administrative hearings, 
rural areas of the state (known as the Rural Auxiliary Services), and through the commission staff 
within the CDHS.  Additionally, the SAS program ensures compliance with federal laws such as the 
Americans with Disabilities Act of 1990 (ADA) and state laws regarding auxiliary services.  The unit 
is also responsible for reviewing policies, procedures, credentialing, training, outreach, and 
oversight/improvement of services provided throughout the state.  
Assumptions 
The fiscal note assumes the commission will implement the SAS program across all state agencies, 
including the Governor’s office, over six years.  Agencies that participated in the pilot program will 
implement the program first, with the rest of the state agencies fulfilling the bill’s requirements in a 
yet undetermined order.  The six-year implementation timeline assumed in the expenditure analysis 
is as follows: 
 
 Year 1: CDHS and the Governor’s Office Press Conferences 
 Year 2: Two pilot agencies, the remainder of the Governor’s Office, and the Lieutenant Governor’s 
Office 
 Year 3: Four agencies (two pilot agencies, two new agencies to be determined) 
 Year 4: Five agencies (to be determined) 
 Year 5: Five agencies (to be determined) 
 Year 6: Six agencies (to be determined)  Page 3 
February 14, 2022  HB 22-1143  
 
State Revenue 
The bill will increase state revenue by $360,000 in FY 2022-23 and $380,000 in FY 2023-24, up to a total 
of $840,000 per year in FY 2027-28 to the Telephone Users Disabilities Fund, as explained below. This 
revenue is subject to TABOR. 
 
Fee impact on telephone users. Colorado law requires legislative service agency review of measures 
that create or increase any fee collected by a state agency.  These fee amounts are estimates only.  
Actual fees will be set administratively by the Public Utilities Commission based on cash fund balance, 
estimated program costs and the estimated number of landline telephones, cell phones, and voice-
over-internet-protocol (VOIP) phones subject to the fee.  The current telephone surcharge fee was set 
in October 2019 and is six cents per month per telephone access line ($0.72 per year).  The surcharge 
rate can be updated once every 12 months and affects approximately 6 million current users. Under 
current law, the surcharge may not exceed 15 cents per month ($1.80 per year).  Table 2 identifies the 
fee impact estimates of this bill.  FY 2024-25 through FY 2026-27 have been omitted for brevity, but the 
fee will continue to increase over these years until reaching the FY 2027-28 amount. 
 
Table 2 
Fee Impact on TDUF 
 
Fiscal Year 
Annual Fee 
Change 
Total Fee Impact 
Change 
FY 2022-23 $0.06 $360,000 
FY 2023-24 $0.08 $480,000 
FY 2027-28
1
 $0.14 $840,000 
1
 The FY 2027-28 fee impact represents the full fee increase 
necessary to implement the SAS program across all state agencies. 
State Expenditures 
The bill increases state expenditures in the CDHS by $345,890 in FY 2022-23, $446,340 in FY 2023-24, 
and $824,340 in FY 2027-28 when the program is fully implemented.  These expenditures, paid from 
the TUDF, are shown in Table 3 and detailed below. 
 
Staffing. The commission requires three additional full-time staff positions to fulfill the bill’s 
requirements.  These include an assistant services manager, a services coordinator, and an American 
Sign Language (ASL)/English Interpreter. First-year costs are prorated to reflect a September 1 start 
date and standard operating and capital outlay costs are included.  These staff positions are expected 
to support the expansion of the SAS program throughout the six-year implementation plan.  These 
staff will: 
 
 coordinate the expansion of the SAS program to include all state agencies; 
 develop and execute contracts; 
 invoice and process and payments; and  
 provide direct services.   Page 4 
February 14, 2022  HB 22-1143  
 
Auxiliary services. The fiscal note assumes an annual cost of $18,900 per agency once they provide 
auxiliary services under the expanded program.  As stated in the assumption section, the SAS program 
will roll out to about 4 to 6 new agencies each year over six years until all agencies participate.  When 
fully implemented, auxiliary services are estimated to costs $570,450 in FY 2027-28.  Actual costs may 
vary based on actual usage of the services and will be adjusted through the annual budget process if 
needed. 
 
Table 3 
Expenditures Under HB 22-1143 
 
 	FY 2022-23 FY 2023-24 FY 2027-28 
Department of Human Services  
Personal Services 	$168,081        $201,697       $201,697 
Operating Expenses 	$3,240        $4,050        $4,050 
Capital Outlay Costs 	$18,600        -       - 
Auxiliary Services 	$116,850        $192,450       $570,450 
Centrally Appropriated Costs
1
 	$39,119        $48,143       $48,143 
FTE – Personal Services 	2.4 FTE 3.0 FTE 3.0 FTE 
Total Cost $345,890 $446,340 $824,340 
Total FTE 2.4 FTE 3.0 FTE 3.0 FTE 
1
 Centrally appropriated costs are not included in the bill’s appropriation.  
 
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, including employee insurance and 
supplemental employee retirement payments, are shown in Table 3. 
Other Budget Impacts 
TABOR refunds.  The bill is expected to increase the state revenue required to be refunded to 
taxpayers by the amounts shown in the State Revenue section above.  This estimate assumes the 
December 2021 LCS revenue forecast.  A forecast of state revenue subject to TABOR is not available 
beyond FY 2023-24.   Because TABOR refunds are paid from the General Fund, increased cash fund 
revenue will reduce the amount of General Fund available to spend or save. 
Effective Date 
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no 
referendum petition is filed. 
   Page 5 
February 14, 2022  HB 22-1143  
 
State Appropriations 
For FY 2022-23, the bill requires an appropriation of $306,771 to the Department of Human Services 
from the Telephone Users with Disabilities Fund and 2.4 FTE. 
State and Local Government Contacts 
Education  Governor 
Human Services Information Technology 
Joint Budget Committee Staff  Labor  
Law  Natural Resources  
Personnel  Public Health & Environment  
Regulatory Agencies 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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.