Page 1 March 17, 2022 SB 22-133 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Revised Fiscal Note (replaces fiscal note dated February 26, 2022) Drafting Number: Prime Sponsors: LLS 22-0359 Sen. Winter; Priola Rep. Esgar Date: Bill Status: Fiscal Analyst: March 17, 2022 Senate Appropriations Clare Pramuk | 303-866-2677 clare.pramuk@state.co.us Bill Topic: PROVIDE SECURITY FOR CERTAIN ELECTED OFFICIALS Summary of Fiscal Impact: ☐ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☐ Local Government ☐ Statutory Public Entity This bill expands the provision of security and protection services by the Colorado State Patrol for members of the General Assembly and statewide constitutional officers. It increases state expenditures on an ongoing basis. Appropriation Summary: For FY 2022-23, the bill requires an appropriation of $1,115,090 to the Department of Public Safety. Fiscal Note Status: The revised fiscal note reflects the introduced bill, as amended by the Senate State, Veterans, and Military Affairs Committee. Table 1 State Fiscal Impacts Under SB 22-133 Budget Year FY 2022-23 Out Year FY 2023-24 Revenue - - Expenditures General Fund $1,115,090 $1,019,964 Centrally Appropriated $138,728 $151,704 Total Expenditures $1,253,818 $1,171,668 Total FTE 7.3 FTE 8.0 FTE Transfers - - Other Budget Impacts General Fund Reserve $167,264 $152,995 Page 2 March 17, 2022 SB 22-133 Summary of Legislation This bill expands the provision of protection and security services by the Colorado State Patrol (CSP) and clarifies that the CSP is required to respond to all complaints relating to criminal activity against or security threats or risks to a member of the General Assembly or to a statewide constitutional officer. General Assembly security. Under current law, the CSP provides protection for members of the General Assembly when they are present in the state capitol buildings group and when threats are made against a member. The CSP may provide other protection and security services for legislative leadership on request or at any Colorado-based function where members of the General Assembly are present. The bill permits the CSP to provide additional protection to any member upon request of the Executive Committee of the Legislative Council, and requires the committee to establish a process for members to request protection. The CSP must ensure that members are aware of the availability of their protection and security services. Statewide constitutional officer security. The bill requires the CSP to designate state patrol officers to provide up to 80 hours of protection services per week upon request to each statewide constitutional officer—the Secretary of State, the State Treasurer, and the Attorney General. If each officer requests protection services in excess of 80 hours per week, the CSP will give priority to protect against credible threats, then at a function at which the officer is attending in an official capacity, and finally against generalized threats. The CSP will not provide 24-hour protection unless there is a credible threat as determined by the Chief of the CSP. If a statewide constitutional officer seeks additional protection, these services must be coordinated with the CSP. State Expenditures The bill increases state expenditures by $1.3 million in FY 2022-23 and $1.2 million in FY 2023-24 from the General Fund. It will also increase workload in the Legislative Department. Expenditures are discussed below and shown in Table 2. Department of Public Safety. The CSP requires an additional 8.0 FTE to provide additional protection and physical security services as well as threat assessment for members of the General Assembly and the three statewide constitutional officers. This includes 6.0 FTE for state troopers who will be available to provide services seven days a week and 1.0 FTE supervisor for the unit. Each trooper will be assigned a vehicle. The Colorado Information Analysis Center will add 1.0 FTE for an analyst to conduct threat detection, identification, and assessments for the Secretary of State, Attorney General, and the State Treasurer using a threat assessment platform. Standard operating and capital outlay costs are included and personal services are prorated for the General Fund pay date shift in FY 2022-23. The fiscal note also includes costs for training and outfitting State Patrol cadets who will be brought on to train to replace the troopers assigned under this bill. Page 3 March 17, 2022 SB 22-133 Table 2 Expenditures Under SB 22-133 Cost Components FY 2022-23 FY 2023-24 Department of Public Safety Personal Services $729,990 $796,352 Operating Expenses $10,800 $10,800 Capital Outlay Costs $49,600 - Cadet Equipment $111,888 - Vehicle Mileage and Expenses $39,060 $39,060 Vehicle Lease Payments $73,752 $73,752 Threat Assessment Platform $100,000 $100,000 Centrally Appropriated Costs 1 $138,728 $151,704 Total $1,253,818 $1,171,668 Total FTE 7.3 FTE 8.0 FTE 1 Centrally appropriated costs are not included in the bill's appropriation. Legislative Department. Workload will increase for the Executive Committee of the Legislative Council and staff to develop a process for legislators to request protection and security services. This workload can be accomplished within the normal course of business. 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 upon signature of the Governor, or upon becoming law without his signature. Page 4 March 17, 2022 SB 22-133 State Appropriations For FY 2022-23, the bill requires a General Fund appropriation of $1,115,090 to the Department of Public Safety and 7.3 FTE, of which $112,812 is reappropriated to the Department of Personnel and Administration for fleet vehicle services. State and Local Government Contacts Law Legislative Council Staff Public Safety State Treasury 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.