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February 8, 2022 SB 22-013
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated January 25, 2022)
Drafting Number:
Prime Sponsors:
LLS 22-0530
Sen. Fenberg; Holbert
Rep. Garnett; McKean
Date:
Bill Status:
Fiscal Analyst:
February 8, 2022
House Trans. & Local Govt.
Will Clark | 303-866-4720
Will.Clark@state.co.us
Bill Topic: BOARDS & COMMISSIONS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill adds new members to several state boards and commissions to align with the
newly created 8
th
congressional district, and makes various other changes to state
board membership and appointment requirements. The bill increases state
expenditures on an ongoing basis.
Appropriation
Summary:
For FY 2022-23, the bill requires an appropriation of $14,705 to multiple state
agencies.
Fiscal Note
Status:
The fiscal note reflects the reengrossed bill.
Table 1
State Fiscal Impacts Under SB 22-013
Budget Year
FY 2022-23
Out Year
FY 2023-24
Revenue
- -
Expenditures General Fund¹ $5,150 $5,150
Cash Funds $14,105 -
Total Expenditures $19,255 $5,150
Transfers - -
Other Budget Impacts General Fund Reserve $90 $90
1
This fiscal note assumes that $4,550 of the General Fund expenditures required by this bill will be paid using
available General Fund or cash fund sources to the Community College System, and are shown here for
informational purposes only.
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February 8, 2022 SB 22-013
Summary of Legislation
The bill makes changes to requirements for boards and commissions where membership is based on
representation from congressional districts, as well as various other changes to procedures for
membership and appointments, including when the boundaries of a district change and when boards
gain or lose members due to congressional redistricting. These changes are described in more detail
below.
Changes to elected board membership. Two new members are added to the State Board of Education
in the Department of Education, including one member from the newly created eighth congressional
district and one at-large member. One member of the Board of Regents of the University of Colorado
that is currently elected at-large will instead be elected from the eighth congressional district which
keeps the total number of members constant. These seats will be determined at the 2022 general
election.
Changes to appointed board membership. The bill adds members to appointed boards as follows:
two new members on the State Recreational Trails committee in the Department of Natural
Resources;
two new members on the Commission on the Aging in the Department of Human Services;
two new members on the Colorado State Fair Authority in the Department of Agriculture;
one new member on the State Board of Health in the Department of Public Health and
Environment;
one new member on the Office of the Utility Consumer Advocate and Utility Consumers’ Board
in the Department of Regulatory Agencies; and
one new member on the State Board for Community Colleges and Occupational Education in the
Department of Higher Education.
Other changes. The bill also makes other changes to requirements for state board and commission
member terms and appointments. Most of these changes are clarifying in nature. The bill requires all
boards and commissions, except where statute or constitutional provision provide otherwise, to:
fill vacancies for the remainder of unexpired board member terms using the appointing authority
that made the initial board member appointment;
allow directors or executive directors who are ex officio members of a board to designate another
person within their agency to fulfill their duties on the board;
define “minimum majority” as the lowest number of members that is more than half of all board
members;
allow board members to participate remotely in board meetings; and,
only count a partial term toward a member's term limit if it is greater than half the length of a
standard term for the board.
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February 8, 2022 SB 22-013
Background
Candidates for state public office who do not seek party nomination must collect a certain number of
signatures to petition onto the ballot, depending on the office being sought. Petition signatures are
reviewed by the Department of State (DOS) to confirm that the persons signing are residents of
Colorado and reside within the proper jurisdictional boundary. The DOS contracts with the
Department of Personnel and Administration (DPA) to conduct these reviews. The review typically
occurs in the fiscal year prior to the election that the candidates are seeking to run. For example, the
DOS will review signatures for candidates seeking to run in the 2022 election during FY 2021-22,
typically in March or April.
Assumptions
The bill requires the DOS to add two new Board of Education positions to the ballot for the
November 2022 general election. This fiscal note assumes that one additional candidate will petition
onto the ballot for each new position, requiring the DOS to review 2,000 additional signatures for the
position representing the eighth congressional district and 4,500 signatures for the new at-large
position.
State Expenditures
The bill increases state expenditures in the DOS by $14,105 in FY 2022-23 from the Department of State
Cash Fund. It also increases General Fund expenditures to multiple state agencies by $5,150 per year
beginning in FY 2022-23. Expenditures are shown in Table 2 and detailed below.
Table 2
Expenditures Under SB 22-013
Cost Components FY 2022-23 FY 2023-24
Department of State
Document Management $14,105 -
DOS Subtotal $14,105 -
Department of Higher Education
Board Member Reimbursement $4,550 $4,500
DHE Subtotal $4,500 $4,500
Department of Public Health and Environment
Board Member Reimbursement $600 $600
CDPHE Subtotal $600 $600
Total $19,255 $5,150
1
Centrally appropriated costs are not included in the bill's appropriation.
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February 8, 2022 SB 22-013
Department of State. The bill increases DOS expenditures by $14,105 in FY 2022-23 from the
Department of State Cash Fund, all of which is reappropriated to the DPA. These expenditures are
for the Document Solutions Group in the DPA to process additional petition signatures for
two candidates in the 2022 general election. Expenditures for the eighth congressional district position
will continue every two years, and expenditures for the at-large position will continue every six years
after the 2022 general election. Future costs related to these positions will be requested by DOS and
DPA through the annual budget process. The DOS will also have a one-time workload increase to
modify election-related databases, but this work can be accomplished within existing appropriations.
Department of Higher Education. Starting in FY 2022-23, the Department of Higher Education
requires $4,550 annually to reimburse a new member of the Community College System Board for
meeting-related expenses. It is assumed this cost will be paid using available General Fund or cash
fund revenues to the Community College System. The fiscal note shows these costs as General Fund
for informational purposes. No change in appropriation is required.
Department of Public Health and Environment. For FY 2022-23 and thereafter, the Department of
Public Health and Environment requires $600 from the General Fund for the annual stipend of a new
Board of Health member.
Other state agencies. The bill increases costs in various other state agencies to support new board
members. These costs will be minimal and can be absorbed by the affected agencies. Should
additional spending authority be needed in the future, it is assumed that funding will be addressed
through the annual budget process. Affected agencies include the Department of Education,
Department of Natural Resources, Department of Human Services, Department of Agriculture, and
Department of Regulatory Agencies for the boards listed on page 1 of this fiscal note.
Governor’s Office. The Governor’s Office of Boards and Commissions, which coordinates executive
branch appointments to boards and commissions and is responsible for recruiting, vetting,
interviewing, and following certain appointments through the Senate confirmation process, will have
increased workload to make additional appointments and incorporate the various changes under the
bill into their processes. This work can be accomplished within existing appropriations.
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 appropriations estimated in this fiscal note, the bill is expected to increase the amount of
General Fund held in reserve by $90 in FY 2022-23 and $90 in FY 2023-24, which will decrease the
amount of General Fund available for other purposes.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature,
except that section 90 of the bill only takes effect if House Bill 22-1035 does not become law, and
section 107 of the bill only takes effect if Senate Bill 22-042 does not become law. Page 5
February 8, 2022 SB 22-013
State Appropriations
For FY 2022-23, the bill requires and includes appropriations totaling $14,705 to multiple state agencies
as follows:
$14,105 to the Department of State from the Department of State Cash Fund, all of which is
reappropriated to the Department of Personnel and Administration; and
$600 to the Department of Public Health and Environment from the General Fund.
State and Local Government Contacts
All State 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.