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March 17, 2022 SB 22-150
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0005
Sen. Danielson
Rep. Duran; Herod
Date:
Bill Status:
Fiscal Analyst:
March 17, 2022
Senate Judiciary
Matt Bishop | 303-866-4796
Matt.Bishop@state.co.us
Bill Topic: MISSING AND MURDERED INDIGENOUS RELATIVES
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill creates the Office of Liaison for Missing and Murdered Indigenous Relatives
in the Department of Public Safety. It increases state expenditures on an ongoing
basis beginning in FY 2022-23.
Appropriation
Summary:
For FY 2022-23, the bill requires an appropriation of $497,250 to the Department of
Public Safety.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under SB 22-150
Budget Year
FY 2022-23
Out Year
FY 2023-24
Revenue - -
Expenditures General Fund $497,250 $486,239
Centrally Appropriated $78,534 $86,582
Total Expenditures $575,784 $572,821
Total FTE 4.5 FTE 5.0 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $74,588 $72,936
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March 17, 2022 SB 22-150
Summary of Legislation
The bill implements several policy interventions with respect to missing and murdered indigenous
persons, including creating a new state office, an advisory board, and an alert program.
New state office. The bill establishes the Office of Liaison for Missing and Murdered Indigenous
Relatives in the Department of Public Safety (CDPS) to facilitate technical assistance on investigations
and cases involving indigenous victims, develop best practices protocol for law enforcement agencies,
conduct case reviews for certain cases, and develop best practices for data accuracy. The office also
serves to facilitate communication and coordination with various stakeholders, including other
divisions in CDPS and other state and local offices, tribal law enforcement agencies, indigenous-led
community organizations, and federal agencies.
The office must make recommendations on potential legislative or agency action, changes to
sentencing ranges, and strengthening the trauma-informed and victim-centered response of law
enforcement, courts, and healthcare systems.
The office must assist families, tribal agencies, and nongovernmental entities in using the National
Missing and Unidentified Persons System administered by the federal Department of Justice, and
provide guidance to families of indigenous victims on how to navigate state and federal court cases.
The bill authorizes office personnel to access certain records in the performance of these duties, and it
describes the circumstances in which records or any confidential information contained in those
records may be released. An employee of the office who makes confidential information from these
records public commits a class 2 misdemeanor.
Advisory board. The bill establishes the Community Volunteer Advisory Board to advise the office.
It must meet quarterly in FY 2022-23 and biannually in subsequent years. Board membership includes
representatives from:
indigenous-led organizations for victims of violence;
community-based organizations supporting indigenous people;
indigenous victims or their family members;
tribes based in, or with historical ties to, Colorado;
law enforcement agencies; and
other state agencies, including the Attorney General’s office, the Judicial Department, the
Department of Human Services, or the Colorado Commission on Indian Affairs.
The Colorado Bureau of Investigation (CBI) must maintain a clearinghouse database on missing
indigenous persons from Colorado, and the office must create a website dashboard that displays
information regarding missing or murdered indigenous persons. The office must submit an annual
report to the legislature and the Governor by December 31 of each year, containing a summary of its
work during the year, information from the dashboard, and its recommendations for legislation,
agency action, or the criminal justice system.
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March 17, 2022 SB 22-150
The bill directs the Peace Officer Standards and Training (POST) Board to work with the office to
develop training for peace officers on issues relating to missing or murdered indigenous persons
investigations, and requires the basic academy curriculum to be updated by January 1, 2023.
Alert program. The bill directs the CBI to notify the appropriate tribal entity when it receives a report
of a missing or murdered indigenous person. When it receives a report of a missing indigenous
person, it must issue an alert to designated media outlets. CBI must also operate a database on missing
indigenous people from Colorado and publish an annual report.
CDPS must promulgate rules to specify the process for confirming information from local law
enforcement agencies, the process for reporting information to the Federal Communications
Commission, and other processes as necessary to implement the alert program. The department must
include certain information on the program’s use in its annual SMART Act hearing.
Comparable Crime Analysis
Legislative Council Staff is required to include certain information in the fiscal note for any bill that
creates a new crime, changes the classification of an existing crime, or creates a new factual basis for
an existing crime. The following sections outline data on crimes that are comparable to the offense in
this bill and discuss assumptions on future rates of criminal convictions resulting from the bill.
Prior conviction data and assumptions. This bill creates the new offense of making certain
confidential information public, a class 2 misdemeanor. To form an estimate on the prevalence of this
new crime, the fiscal note analyzed the existing offense of violation of confidentiality requirements by
a health care provider, officer, or employee of the Department of Public Health and Environment as a
comparable crime. From FY 2018-19 to FY 2020-21, zero offenders have been sentenced and convicted
for this existing offense; therefore, the fiscal note assumes that there will be minimal or no additional
case filings or convictions for the new offense under the bill. Visit leg.colorado.gov/fiscalnotes for
more information about criminal justice costs in fiscal notes.
State Expenditures
The bill increases state expenditures in CDPS by about $575,000 per year from the General Fund. In
addition, it increases workload in the Department of Law and other state departments. Expenditures
are shown in Table 2 and detailed below.
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March 17, 2022 SB 22-150
Table 2
Expenditures Under SB 22-150
FY 2022-23 FY 2023-24
Department of Public Safety
Personal Services $372,798 $406,689
Operating Expenses $5,900 $5,900
Capital Outlay Costs $24,800 -
Travel Expenses $53,770 $53,770
Agent Capital and Operating $39,982 $19,880
Centrally Appropriated Costs
1
$78,534 $86,582
Total Cost $575,784 $572,821
Total FTE 4.5 FTE 5.0 FTE
1
Centrally appropriated costs are not included in the bill's appropriation.
Department of Public Safety. Starting in FY 2022-23, the office requires 5.0 FTE to staff the new office
including:
a director to manage the office’s activities and liaise with other agencies, organizations, and
individuals;
an analyst to collect data, maintain the office’s website, manage a clearinghouse database of
missing indigenous persons, and facilitate the alert program;
an administrative assistant to provide administrative support;
a criminal investigator to collaborate with local law enforcement and other stakeholders on
investigations; and
a training specialist to develop and facilitate training for peace officers around the state.
Standard operating and capital outlay costs are included. The fiscal note assumes a start date of
July 1, 2022, and costs reflect the General Fund pay date shift.
The department requires additional funding for travel and equipping the criminal investigator. The
investigator and training specialist require fleet vehicles, mileage, and other travel-related costs.
Vehicles are leased from the state fleet, which is managed by the Department of Personnel and
Administration. The criminal investigator requires additional equipment, which is provided in
FY 2022-23 only. Annual expenses include training and overtime hours.
The CBI can accomplish the requirement to create a clearinghouse database on missing indigenous
persons from Colorado and a related website within its existing information technology systems.
Department of Law. Workload will increase in the POST Board to develop new training for peace
officers and to update the basic academy curriculum. This workload can be accomplished within
existing POST Board training appropriations.
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March 17, 2022 SB 22-150
Governor's Office. The Governor’s Office of Boards and Commissions will have a minimal workload
increase to make the required appointment under the bill. This work can be accomplished within
existing appropriations.
Other state agencies. Workload will increase for state agencies represented on the Community
Volunteer Advisory Board. Any such workload is expected to be minimal.
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 decreases the amount of General Fund available for other purposes.
Local Government
Local government workload will increase for law enforcement agencies to liaise with the new state
office on cases involving missing and murdered indigenous relatives. If in-service peace officer
trainings are developed, costs will increase for local law enforcement agencies related to training,
travel and per diems, and/or overtime coverage.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State Appropriations
For FY 2022-23, the bill requires an appropriation of $497,250 to the Department of Public Safety from
the General Fund, and 4.5 FTE. Of this, $15,982 is reappropriated to the Department of Personnel and
Administration.
State and Local Government Contacts
County Coroners Governor Human Services
Information Technology Judicial Law
Public Safety Sheriffs
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.