Page 1 April 10, 2023 HB 23-1280 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Fiscal Note Drafting Number: Prime Sponsors: LLS 23-0947 Rep. Joseph; Soper Sen. Roberts; Gardner Date: Bill Status: Fiscal Analyst: April 10, 2023 House Judiciary Aaron Carpenter | 303-866-4918 aaron.carpenter@coleg.gov Bill Topic: COLORADO ACCESS TO JUSTICE COMMISSION Summary of Fiscal Impact: ☒ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☐ Local Government ☐ Statutory Public Entity The bill expands the authority and duties of the Colorado Access to Justice Commission. Starting in FY 2023-24, the bill will increase state revenue and expenditures. Appropriation Summary: No appropriation is required as the Colorado Access to Justice Cash Fund is continuously appropriated to the commission. The fiscal note further assumes the commission will operate on gifts, grants, and donations. Fiscal Note Status: The fiscal note reflects the introduced bill. Table 1 State Fiscal Impacts Under HB 23-1280 1 Budget Year FY 2023-24 Out Year FY 2024-25 Revenue Cash Funds up to $300,000 up to $300,000 Expenditures Cash Funds up to $300,000 up to $300,000 Total FTE up to 2.0 FTE up to 2.0 FTE Transfers - - Other Budget Impacts - - 1 Actual revenue and expenditure amounts will depend on the amount of gifts, grants, and donations received. Page 2 April 10, 2023 HB 23-1280 Summary of Legislation The bill codifies the Colorado Access to Justice Commission into state law. The commission is charged with expanding access, quality, and fairness in the justice system. The bill outlines the number of members on the commission and the appointing authorities, and that members serve without compensation but may be reimbursed for actual and necessary expenses. The commission may hire staff, and is required to prepare and submit an annual report on its work to the General Assembly. Finally, the bill creates the Colorado Access to Justice Cash Fund to consist of money appropriated by the General Assembly and any gifts, grants, or donations; money in the fund is continuously appropriated to the commission. The commission is housed within the Judicial Department. Background The Colorado Access to Justice Commission is currently a nonprofit organization that advocates for policy changes to help Coloradans resolve legal issues. More information about the commission can be found here. Assumptions Since the commission is currently operating as a nonprofit, the fiscal note assumes that it will continue to do so with funding from gifts, grants, and donations. Financial information on the commission was not available at the time of this writing, so the fiscal note uses the current expenditures of the Colorado Commission on Criminal and Juvenile Justice (CCJJ) in the Department of Public Safety as a proxy. State Revenue Starting in FY 2023-24, state revenue will increase to the newly created Colorado Access to Justice Cash Fund from gifts, grants, and donations. The fiscal note assumes the program will receive $300,000 to cover the costs outlined in the State Expenditures section below. Revenue from gift, grants, and donations is not subject to the state’s TABOR limit. State Expenditures Starting in FY 2023-24, the bill will increase state cash fund expenditures in the commission by $300,000 per year and increase workload in the Judicial Department and the Governor’s Office, as described below. As discussed in the Assumptions section, the fiscal note assumes these costs will be funded by gifts, grants, and donations. Colorado Access to Justice Commission. Based on the current expenditures of the CCJJ, state cash fund expenditures are estimated to increase by up to $300,000 and 2.0 FTE per year to cover the cost of the commission. Overall, the exact increase in expenditures and FTE will depend on the actual revenue received by the commission. Page 3 April 10, 2023 HB 23-1280 Judicial Department. The bill will increase workload to the Judicial Department to administer the newly created cash fund and to pay the commission’s invoices. This work can be accomplished within existing appropriations. Governor’s Office. The Governor’s Office of Boards and Commissions will make the required appointments under the bill. This work is assumed to be minimal and can be accomplished within existing appropriations. Effective Date The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no referendum petition is filed. State Appropriations The newly created Colorado Access to Justice Cash Fund is continuously appropriated to the Colorado Access to Justice Commission; therefore, no additional appropriation is required. State and Local Government Contacts Governor's Office of Boards and Commissions Judicial Law 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.