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May 3, 2022 HB 22-1308
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated April 1, 2022)
Drafting Number:
Prime Sponsors:
LLS 22-0937
Rep. McCormick
Sen. Donovan
Date:
Bill Status:
Fiscal Analyst:
May 3, 2022
Senate Appropriations
Clare Pramuk | 303-866-2677
clare.pramuk@state.co.us
Bill Topic: AGRICULTURAL WORKFORCE SERVICES PROGRAM
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
This bill creates the Agricultural Workforce Services Program in the Department of
Agriculture. The program consists of an online resource portal for agricultural
employees and employers and a grant program to fund workplace improvements or
changes to comply with labor and workplace standards. It increases state
expenditures beginning in FY 2022-23 and may increase state revenue.
Appropriation
Summary:
For FY 2022-23, the bill includes an appropriation of $257,859 to multiple state
agencies. An additional appropriation of $200,000 may be provided to fund the grant
program created by the bill.
Fiscal Note
Status:
The revised fiscal note reflects the reengrossed bill.
Table 1
State Fiscal Impacts Under HB 22-1308
Budget Year
FY 2022-23
Out Year
FY 2023-24
Revenue - -
Expenditures General Fund
1
$457,859 $24,948
Centrally Appropriated $13,981 $12,654
Total Expenditures $471,840 $37,602
Total FTE 0.9 FTE 0.8 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $68,679 $3,742
1
The FY 2022-23 General Fund amount includes $200,000 for grants, which is not currently included in the bill’s
appropriation and is provided for informational purposes. The amount of funding may be set at the discretion of the
General Assembly. Page 2
May 3, 2022 HB 22-1308
Summary of Legislation
This bill creates the Agricultural Workforce Services Program in the Department of Agriculture
(CDA). The program consists of an online resource portal for agricultural employees and employers
and a grant program for workplace improvements or changes to comply with labor and workplace
standards.
Online resource portal. Resources on the portal must help agricultural employers comply with labor
laws and help agricultural employees understand their rights including links to relevant state agencies
and nongovernmental organizations. The portal must include a wage and hour calculator, and
explanations of the provisions of Senate Bill 21-1087 regarding wages and workplace protections. All
resources must be available in English and Spanish.
Colorado Agricultural Workplace Improvement Grant Program. The CDA may determine eligibility
requirements for grant recipients but is required to consider certain criteria listed in the bill. The
Commissioner of Agriculture is required to promulgate rules as necessary to implement the grant
program. Grant awards are limited to entities that provide services to Colorado agricultural
employers or employees for the purposes of facilitating labor law compliance, improving workplaces,
and providing education to agricultural employees to help them understand their rights.
Reporting and funding. By January 1, 2023, and annually thereafter, the CDA is required to report
on the operations of the program to the agriculture committees of the General Assembly. The bill
requires a $215,000 General Fund appropriation to the CDA for FY 2022-23 to fund the online resource
portal, which is continuously appropriated to the department and any unspent money at the end of
the year does not revert back to the General Fund. The CDA may also seek, solicit, accept, and expend
gifts, grants, and donations for the program.
Background
Agricultural worker rights and protections. SB 21-087 granted agricultural workers the right to
organize and join labor unions, engage in collective bargaining and strike, entitled them to meal breaks
and rest periods, and to have visitors at employer-provided housing. It provided aggrieved
employees, whistleblowers, and service providers ways to seek remedies and enforcement actions by
allowing them to file claims in court and with the Department of Labor and Employment (CDLE). It
removed the exemption for agricultural workers from state and local minimum wage laws and
overtime pay and required that wages be adjusted annually for cost of living, and that overtime pay
be established.
Employer requirements. SB 21-087 required that agricultural worker employers provide some
workers access and transportation to key service providers, provide overwork and health protections,
and increase protections and safety precautions during public health emergencies.
State Revenue
To the extent that the CDA receives gifts, grants, or donations, state revenue will increase. No source
of these funds has been identified. These funds are not subject to TABOR. Page 3
May 3, 2022 HB 22-1308
State Expenditures
The bill increases state expenditures in CDA and CDLE by $209,060 in FY 2022-23 and $86,492 in
FY 2023-24 from the General Fund. Expenditures are shown in Table 2 and detailed below.
Table 2
Expenditures Under HB 22-1308
Cost Components FY 2022-23 FY 2023-24
Department of Agriculture
Personal Services $22,211 $29,615
Operating Expenses $675 $675
Capital Outlay Costs $6,200 -
Grant Program
1
$200,000 -
Module Creation and Maintenance $44,100 $18,600
Translation $50,000 -
Portal Contractor $29,034 -
Centrally Appropriated Costs
2
$6,000 $7,667
FTE – Personal Services 0.4 FTE 0.5 FTE
CDA Subtotal $358,220 $56,557
Department of Labor and Employment
Personal Services $33,107 $22,071
Operating Expenses $675 -
Capital Outlay Costs $6,200 -
Software Licenses $2,877 $2,877
Centrally Appropriated Costs
2
$7,981 $4,987
FTE – Personal Services 0.5 FTE 0.3 FTE
CDLE Subtotal $50,840 $29,935
Total $409,060 $86,492
Total FTE 0.9 FTE 0.8 FTE
1
Funding for the grant program is not currently included in the bill’s appropriation and is shown for informational
purposes.
2
Centrally appropriated costs are not included in the bill's appropriation.
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May 3, 2022 HB 22-1308
Department of Agriculture. The CDA requires 0.5 FTE in FY 2022-23 for a grant specialist to
administer the grant program. Because the bill requires a $215,000 General Fund appropriation to the
CDA, the fiscal note assumes that two years of staff costs will be covered by this amount. Other costs
include creation of an online module and translation services. Existing staff will collect stakeholder
input, conduct rulemaking, contract for module creation, work with the CDLE to develop and
implement the resources for the online portal, and develop reports. Personal services costs are
prorated for the General Fund pay date shift and assume a September 1, 2022, start date. Standard
operating and capital outlay costs are included.
Grant funding. The reengrossed bill does not currently include an appropriation for the newly
created grant program to disburse grants. Funding for grants may be set at the discretion of the
General Assembly. If funding is not appropriated, the CDA would be required to find an alternate
source to fund grants, such as federal funds or gifts grants, and donations. For a grant program
of the scope described in the bill, it is assumed that at least $200,000 is required in FY 2022-23.
Department of Labor and Employment. The CDLE requires a policy advisor beginning in FY 2022-23
to develop the wage and hour calculator and provide content on the provisions of SB 21-087 to the
CDA for the online resource portal. This will be 0.6 FTE prorated to 0.5 FTE in FY 2022-23 and reduced
to 0.3 FTE in FY 2023-24. Standard operating and capital outlay costs are included, as well as agency
specific software licenses.
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 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 takes effect 90 days following adjournment of the General Assembly sine die, assuming no
referendum petition is filed.
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May 3, 2022 HB 22-1308
State Appropriations
For FY 2022-23, the bill includes the following General Fund appropriations:
$215,000 to the Department of Agriculture and 0.4 FTE; and
$42,859 to the Department of Labor and Employment and 0.5 FTE.
In addition, if the General Assembly chooses to fund the new grant program created by the bill, an
additional General Fund appropriation of at least $200,000 to the Department of Agriculture is
required.
State and Local Government Contacts
Agriculture Information Technology Labor Law
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.