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June 20, 2023 HB 23-1248
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Final Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0731
Rep. Garcia; Mabrey
Sen. Gonzales; Danielson
Date:
Bill Status:
Fiscal Analyst:
June 20, 2023
Postponed Indefinitely
Aaron Carpenter | 303-866-4918
aaron.carpenter@coleg.gov
Bill Topic: EXECUTIVE COMMITTEE'S INVESTIGATORY AUTHORITY
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill would have allowed the Executive Committee of the Legislative Council to
create an ad hoc investigatory committee and to subpoena witnesses on behalf of the
ad hoc committee. Starting in FY 2023-24, the bill may have increased state and local
expenditures.
Appropriation
Summary:
No appropriation was required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill. This bill was postponed indefinitely by the
Legislative Council Committee on April 12,2023; therefore, the impacts identified in
this analysis do not take effect.
Summary of Legislation
The bill allows the Executive Committee of the Legislative Council to create an ad hoc investigatory
committee to make factual finding on issues of urgent, pressing, or unmet needs that have an impact
on the community, economy, or society. The bill gives the Executive Committee the power to
subpoena witnesses on behalf of the ad hoc committee and the ad hoc committee may refer findings
to the Attorney General or other state oversight body. The bill requires that Legislative Council Staff
and the Office of Legislative Legal Services assist the ad hoc investigatory committee. Finally,
non-legislative members may be appointed to the ad hoc investigatory committee.
Background
Under current law, the General Assembly may prescribe the conditions and manner in which a
witness may be summoned before any committee of the General Assembly. Under Joint Rule 33, the
General Assembly may vest in any committee, which only consists of legislators, with subpoena
power, and the Legislative Council may do the same during the interim. The Legislative Audit
Committee also has subpoena power.
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June 20, 2023 HB 23-1248
State Expenditures
Starting in FY 2023-24, Legislative Department costs may increase to the extent ad hoc committees are
created. Other state agencies may also have increased costs depending on their level of involvement
with an ad hoc committee. These impacts are outlined below.
Legislative Department. To the extent ad hoc committees are created, expenditures in the General
Assembly, Legislative Council, and the Office of Legislative Legal Services will increase. Because it is
unknown when an ad hoc investigatory committee will be created and how many meetings will occur,
the fiscal note assumes any impacts will be addressed through the annual budget process, if necessary.
General Assembly. Expenditures in the General Assembly will increase to provide members with
per-diem and travel reimbursement for meetings that occur during the interim. Currently,
General Assembly members receive a per-diem of $112 and travel reimbursement of $124 per day.
Legislative Council Staff. Legislative Council Staff is required to provide support to ad hoc
committees. Staffing needs will depend on the scope of the ad hoc committee. For informational
purposes, interim committees require 0.3 FTE staff support.
Office of Legislative Legal Services. The Office of Legislative Legal Services is also required to
provide support to ad hoc committees. For informational purposes, ethics committees required
0.2 FTE staff support. In addition, the office may incur litigation costs if individuals choose to
challenge a subpoena in court.
Judicial Department. To the extent individuals challenge subpoenas in court, workload to the courts
will increase. Any impact is expected to be minimal and accomplished within existing appropriations.
Department of Law and other state agencies. To the extent that state agencies or their staff are issued
subpoenas, workload and costs may increase for state agencies to review, comply with, or potentially
challenge the subpoena. Also, if the Department of Law or other state agencies are referred findings
from an ad-hoc committee, workload and potential costs may increase to investigate or take other
actions. The fiscal note assumes that if additional resources are required, these will be requested
through the annual budget process.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State and Local Government Contacts
Judicial Law
Legislative Council Staff Office of Legislative Legal Services
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.