Page 1 April 6, 2022 HB 22-1210 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Revised Fiscal Note (replaces fiscal note dated February 18, 2022) Drafting Number: Prime Sponsors: LLS 22-0326 Rep. Benavidez; Duran Sen. Winter; Smallwood Date: Bill Status: Fiscal Analyst: April 6, 2022 House Appropriations Matt Bishop | 303-866-4796 Matt.Bishop@state.co.us Bill Topic: SUNSET DOMESTIC VIOLENCE MANAGEMENT BOARD Summary of Fiscal Impact: ☒ State Revenue ☒ State Expenditure ☐ State Transfer ☒ TABOR Refund ☐ Local Government ☐ Statutory Public Entity Sunset Bill. This bill continues the Domestic Violence Offender Management Board in the Department of Public Safety, which is scheduled to repeal on September 1, 2022. State fiscal impacts include both increased expenditures from changes to the program under the bill, as well as the continuation of the program's current revenue and expenditures. The program is continued through September 1, 2027. Appropriation Summary: For FY 2022-23, the bill requires an appropriation of $70,232 to the Department of Public Safety. Fiscal Note Status: The revised fiscal note reflects the introduced bill, as amended by the House Judiciary Committee. Table 1 State Fiscal Impacts Under HB 22-1210 1 New Impacts Budget Year FY 2022-23 Out Year FY 2023-24 Revenue - - Expenditures General Fund $70,232 $85,151 Centrally Appropriated $23,633 $30,208 Total New Expenditures $93,865 $115,359 New FTE 1.0 FTE 1.3 FTE Other Budget Impacts General Fund Reserve $10,536 $12,773 Continuing Impacts Revenue Cash Funds - $29,744 Expenditures General Fund and Cash Funds - $359,518 Continuing FTE - 2.9 FTE 1 Table 1 shows the new impacts resulting from changes to the program under the bill and the continuing impacts from extending the program beyond its current repeal date. The continuing program impacts will end if the bill is not passed and the program is allowed to repeal. Page 2 April 6, 2022 HB 22-1210 Summary of Legislation This sunset bill continues the Domestic Violence Offender Management Board in the Department of Public Safety (CDPS) until September 1, 2027. It is currently scheduled to repeal on September 1, 2022. The bill also makes several changes to the board’s activities. The board must conduct compliance reviews on at least ten percent of approved treatment providers every two years, and it must submit an annual report to the legislature. The bill also updates background check requirements in statute to conform to current practice. Background When an adult is convicted of a crime involving domestic violence, that person is required to complete domestic violence treatment, unless sentenced to the Department of Corrections. The Domestic Violence Offender Management Board develops and maintains standards for the evaluation and treatment of domestic violence offenders, develops processes to approve treatment providers, and analyzes the effectives of evaluation and treatment standards. Treatment providers pay a fee to apply for placement on the approved provider list. While this fee revenue defrays a portion of the board’s operating costs, most of the its funding comes from the General Fund. For more information on the board’s duties and activities, see the sunset report compiled by the Department of Regulatory Agencies at https://coprrr.colorado.gov/archive-of-reviews. Continuing Program Impacts Based on the department's FY 2021-22 budget request, the Department of Public Safety is expected to have revenue of about $30,000 and expenditures of about $360,000 to administer the board. If this bill is enacted, current revenue and expenditures will continue for the program starting in FY 2023-24. This continuing revenue is subject to the state TABOR limits. If this bill is not enacted, the program will end on September 1, 2023, following a wind-down period, and state revenue and expenditures will decrease starting in FY 2023-24 by the amounts shown in Table 1. The changes to the program that drive additional costs are discussed in the State Expenditures section below. State Expenditures The bill increases state expenditures in CDPS by $93,865 in FY 2022-23 and $115,359 in FY 2023-24 from the General Fund. Expenditures are shown in Table 2 and detailed below. Page 3 April 6, 2022 HB 22-1210 Table 2 Expenditures Under HB 22-1210 FY 2022-23 FY 2023-24 Department of Public Safety Personal Services $62,547 $83,396 Operating Expenses $1,485 $1,755 Capital Outlay Costs $6,200 - Centrally Appropriated Costs 1 $23,633 $30,208 Total Cost $93,865 $115,359 Total FTE 1.0 FTE 1.3 FTE 1 Centrally appropriated costs are not included in the bill's appropriation. Department of Public Safety. The bill requires the department to perform additional compliance checks each year. Because the sunset report notes that the department has not kept up with checks as currently required, the fiscal note estimates that the bill requires 1.0 FTE in additional staff to communicate with stakeholders, conduct the additional compliance checks, and follow up on compliance outcomes. The department also requires 0.3 FTE to oversee data collection and create the annual report. Expenditures are prorated for the bill’s effective date and account for the General Fund pay date shift in FY 2022-23. 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. 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 the new appropriations estimated in the fiscal note, the bill is expected to increase the amount of General Fund held in reserve by the amounts in Table 1, which will decrease the amount of General Fund available for other purposes. Effective Date The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no referendum petition is filed. Page 4 April 6, 2022 HB 22-1210 State Appropriations For FY 2022-23, the bill requires a General Fund appropriation of $70,232 to the Department of Public Safety, and 1.0 FTE. State and Local Government Contacts Information Technology Law Public Safety 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.