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March 28, 2022 SB 22-168
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0913
Sen. Donovan; Rankin
Rep. McCluskie; Will
Date:
Bill Status:
Fiscal Analyst:
March 28, 2022
Senate Agriculture
Josh Abram | 303-866-3561
Josh.Abram@state.co.us
Bill Topic: BACKCOUNTRY SEARCH & RESCUE
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☒ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill transfers the Backcountry Search and Rescue Program from the Department
of Local Affairs to Colorado Parks and Wildlife effective January 1, 2023. On net,
transferring this program will have no net impact on state revenue and expenditures,
and other provisions of the bill potentially increase costs to institutions of higher
education.
Appropriation
Summary:
For FY 2022-23, the bill requires that cash fund appropriations to the Department of
Local Affairs be reduced by $314,123.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under SB 22-168
Budget Year
FY 2022-23
Out Year
FY 2023-24
Revenue Cash Funds – CPW $300,000 $600,000
Cash Funds – DOLA ($300,000) ($600,000)
Total Revenue $0 $0
Expenditures Cash Funds – CPW $314,123 $628,246
Cash Funds – DOLA ($314,123) ($628,246)
Total Expenditures $0 $0
Transfers - -
Other Budget Impacts - -
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March 28, 2022 SB 22-168
Summary of Legislation
Effective January 1, 2023, this bill transfers the functions of the Department of Local Affairs (DOLA)
related to backcountry search and rescue to Colorado Parks and Wildlife (CPW) in the Department of
Natural Resources. All staff and appropriations to DOLA related to the backcountry search and rescue
card program and the related cash fund are transferred to CPW.
On or after January 1, 2023, the Parks and Wildlife Commission is required to establish by rule, the
price and vendor fee for the backcountry search and rescue card, and the surcharge on other licenses
that is credited to the program cash fund. Under current law, these amounts are set in statute.
The bill extends the existing immunity from civil liability for volunteer firefighters and incident
management teams to individuals engaged in backcountry search and rescue efforts. Finally, this bill
makes a dependent of a person who died or was permanently disabled while engaged in backcountry
search and rescue efforts eligible for free tuition and room and board assistance at public institutions
of higher education.
State Revenue and Expenditures
The bill decreases cash fund revenue and expenditures in the DOLA and increases revenue and
expenditures by the same amount in CPW. For FY 2022-23, DOLA’s budget request for spending
authority from the Backcountry Search and Rescue Cash Fund is $628,246 and 1.3 FTE. The fund is
subject to annual appropriations.
The bill transfers the program and cash fund on January 1, 2023, half way through FY 2022-23. For
this reason, DOLA’s expenditures for FY 2022-23 are reduced by approximately $314,123 and CPW’s
expenditures increase by the same amount. The program cash fund receives about $600,000 annually
in revenue from card sales and license surcharges. CPW is a state enterprise, and revenue into the
Backcountry Search and Rescue Cash Fund after January 1, 2023, is exempt from TABOR. The fund
is continuously appropriated to CPW and will no longer requires annual appropriations by the
General Assembly.
The CPW will have a one-time cost of for computer programming from the Office of Information
Technology (OIT). The division must update its Integrated Parks and Wildlife System to transition
the database tracking systems, and for maintenance and hosting costs. Estimated at about $50,000,
these costs will be covered within existing resources and do not require new appropriations.
Institutions of higher education must make education benefits available to dependents of persons who
died or were permanently disabled while engaged in backcountry search and rescue efforts. This cost
is not estimated.
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March 28, 2022 SB 22-168
Other Budget Impacts
TABOR refunds. Preliminarily, the fiscal note assumes that transferring the Backcountry Search and
Rescue Program to CPW will be treated similarly to the qualification of a new enterprise under
TABOR. This will result in a corresponding adjustment to the Referendum C cap equal to the revenue
being shifted into the enterprise, and the bill will not impact the state’s TABOR refund obligation.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State Appropriations
For FY 2022-23, appropriations for the Department of Local Affairs from the Backcountry Search and
Rescue Cash Fund should be reduced by $314,123. Funds in the Backcountry Search and Rescue Cash
Fund for use by CPW are continuously appropriated under the bill so a corresponding increase in
appropriations is not required.
State and Local Government Contacts
Information Technology Law Local Affairs
Natural Resources Personnel
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.