Colorado 2023 2023 Regular Session

Colorado Senate Bill SB228 Introduced / Fiscal Note

Filed 03/27/2023

                    Page 35 
March 27, 2023  SB 23-228  
 
 
 Legislative Council Staff 
Nonpartisan Services for Colorado’s Legislature 
 
Fiscal Note  
  
 
Drafting Number: 
Prime Sponsors: 
LLS 23-0870  
Sen. Bridges; Kirkmeyer 
Rep. Bird; Bockenfeld  
Date: 
Bill Status: 
Fiscal Analyst: 
March 27, 2023 
Senate Appropriations  
Aaron Carpenter | 303-866-4918 
aaron.carpenter@coleg.gov  
Bill Topic: OFFICE OF ADMINISTRATIVE SERVICES FOR INDEPENDENT AGENCIES  
Summary of  
Fiscal Impact: 
☐ State Revenue 
☒ State Expenditure 
☐ State Transfer 
☐ TABOR Refund 
☐ Local Government 
☐ Statutory Public Entity 
 
Budget package bill.  The bill creates an independent administrative support office 
to support independent agencies within the Judicial Department. Starting in 
FY 2023-24, the bill increases state expenditures on an ongoing basis.  
Appropriation 
Summary: 
For FY 2023-24, the bill requires and includes a net appropriation of $508,289 to the 
Judicial Department and independent agencies therein.  
Fiscal Note 
Status: 
The fiscal note reflects the introduced bill. The bill was recommended by the Joint 
Budget Committee as part of its FY 2023-24 budget package. 
 
 
Table 1 
State Fiscal Impacts Under SB 23-228 
 
  
Budget Year 
FY 2023-24 
Out Year 
FY 2024-25 
Revenue  	-       	-       
Expenditures 	General Fund $508,289  $454,502  
 	Total FTE 	2.6 FTE 2.0 FTE 
Transfers  	-       	-       
Other Budget Impacts General Fund Reserve $76,243  $68,175  
 
 
 
    Page 36 
March 27, 2023  SB 23-228  
 
 
Summary of Legislation 
The bill creates the Office of Administrative Services for Independent Agencies (ASIA) in the Judicial 
Department to provide administrative and fiscal support to certain independent agencies in the 
Judicial Department.  This includes the Office of the Child Protection Ombudsman, the Independent 
Ethics Commission, the Office of Public Guardianship, and the Commission on Judicial Discipline. 
 
The bill outlines what services must be provided by ASIA, including specific staff roles, and 
establishes a governing board of the impacted agencies, which is responsible for overseeing the office. 
The Judicial Department is required to provide the office with space in the Colorado Judicial Center, 
and to provide administrative support through June 30, 2024. 
State Expenditures 
The bill increases state General Fund expenditures by about $508,000 in FY 2023-24 and $455,000 in 
FY 2024-25.  Expenditures are shown in Table 2 and detailed below. This change in expenditures 
represents the increase above the administrative services funding in the FY 2023-24 Long Bill, which 
is correspondingly adjusted by this bill. 
 
Table 2 
Expenditures Under SB 23-228 
 
 	FY 2023-24 FY 2024-25 
Office of Administrative Services for Independent Agencies 
      
      
Personal Services 	$582,804  $657,116  
Operating Expenses 	$8,100  $8,100  
Capital Outlay Costs 	$40,020  	-  
Legal Services  	$50,277 	- 
Centrally Appropriated Costs 	$115,985  $128,359  
FTE – Personal Services 	6.0 FTE 6.0 FTE 
FTE – Legal Services 	0.3 FTE 	- 
ASIA Subtotal 	$797,136  $793,575  
Judicial Department   
Legal Services 
 
$50,227 	- 
FTE – Legal Services 	0.3 FTE 	- 
Judicial Subtotal 	$50,227 	- 
   Page 37 
March 27, 2023  SB 23-228  
 
 
Table 2 
Expenditures Under SB 23-228 (Cont.) 
 
Commission on Judicial Discipline    
2023-24 Long Bill Adjustment
1
 	($339,073)       ($339,073)       
FTE – Personal Services 	(4.0 FTE) (4.0 FTE) 
Commission Subtotal 	($339,073)        ($339,073)        
Total Costs $508,289  $454,502  
Total FTE 2.6 FTE 2.0 FTE 
1
 The fiscal note assumes that the FY 2023-24 Long Bill, which contains administrative support funding for the 
Commission on Judicial Discipline, will become law. 
 
Office of Administrative Services for Independent Agencies.  Starting in FY 2023-24, the newly 
created ASIA requires 6.0 FTE to provide administrative support for various independent judicial 
agencies.  This includes staff for a director, office manager, human resource analyst, budget analyst, 
accountant, and payroll analyst, as outlined in the bill.  Staffing costs include personal services, 
operating expenses, and capital outlay costs, as shown in Table 2. 
 
Legal services.  ASIA and the Judicial Department will each require 475 hours each of legal services 
to negotiate and enter into a memorandum of understanding.  Legal services are provided by the 
Department of Law at a rate of $105.74 per hour. 
 
Commission on Judicial Discipline.  The FY 2023-24 Long Bill includes funding for 4.0 FTE 
administrative staff for the Commission on Judicial Discipline.  The bill removes this appropriation, 
as the Commission on Judicial Discipline will receive administrative support through the new office, 
should this bill become law. 
 
Independent judicial agencies.  Starting in FY 2023-24, workload to the various independent judicial 
agencies supported by ASIA will increase to serve on the governing board.  However, workload will 
decrease in the independent agencies as administrative services are transitioned to ASIA.  
 
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. The bill’s 
appropriation also includes adjustments to centrally appropriated line items for employee insurance 
and supplemental retirement payments for the Commission on Judicial Discipline. 
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.  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, decreasing the amount of General Fund available for other purposes.  Page 38 
March 27, 2023  SB 23-228  
 
 
Effective Date 
The bill takes effect upon signature of the Governor, or upon becoming law without his signature, 
except that certain provisions are conditional upon passage of Senate Bill 23-064. 
State Appropriations 
For FY 2023-24, the bill requires and includes the following appropriations: 
 
 $797,136 from the General Fund to the Office of Administrative Services for Independent Agencies 
with 6.0 FTE, of which $50,227 is reappropriated to the Department of Law with 0.3 FTE;  
 $50,227 from the General Fund to the Judicial Department, fully reappropriated to the Department 
of Law with 0.3 FTE; and 
 a reduction of $339,073 from the General Fund to the Commission of Judicial Discipline and a 
corresponding reduction of 4.0 FTE.  
 
State and Local Government Contacts 
Joint Budget Committee Staff  Judicial 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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.