Page 1 May 23, 2024 SB 24-003 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Final Fiscal Note Drafting Number: Prime Sponsors: LLS 24-0780 Sen. Sullivan Rep. Froelich; Duran Date: Bill Status: Fiscal Analyst: May 23, 2024 Signed into Law Clayton Mayfield | 303-866-5851 clayton.mayfield@coleg.gov Bill Topic: CBI AUTHORITY TO INVESTIGATE FIREARMS CRIMES Summary of Fiscal Impact: ☐ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☒ Local Government ☐ Statutory Public Entity The bill authorizes the Colorado Bureau of Investigation to investigate illegal firearm activity statewide and makes an appropriation for these investigations. Starting in FY 2024-25, the bill increases state expenditures on an ongoing basis. Appropriation Summary: For FY 2024-25, the bill requires and includes an appropriation of $1.5 million to the Department of Public Safety. Fiscal Note Status: The final fiscal note reflects the enacted bill. Table 1 State Fiscal Impacts Under SB 24-003 Budget Year FY 2024-25 Out Year FY 2025-26 Revenue - - Expenditures General Fund $1,477,127 $1,407,441 Centrally Appropriated $213,131 $231,522 Total Expenditures $1,690,258 $1,638,963 Total FTE 10.1 FTE 11.0 FTE Transfers - - Other Budget Impacts General Fund Reserve $221,569 $211,116 Page 2 May 23, 2024 SB 24-003 Summary of Legislation The bill authorizes the Colorado Bureau of Investigation (CBI) within the Department of Public Safety (CDPS) to investigate criminal activity involving firearms on a statewide basis. CBI must communicate with the appropriate local law enforcement agency and collaborate with the local district attorney in the jurisdiction where it is conducting an investigation. Nothing in the bill authorizes CBI to investigate other criminal activity encountered during a firearms-related investigation without consent from, or in collaboration with, the local law enforcement agency. State Expenditures The bill increases expenditures in the CDPS by $1.7 million in FY 2024-25, and by $1.6 million in FY 2025-26 and beyond, paid from the General Fund. The bill may increase workload and costs for other state agencies involved in the criminal justice system. Expenditures are shown in Table 2 and detailed below. Table 2 Expenditures Under SB 24-003 FY 2024-25 FY 2025-26 Department of Public Safety Personal Services $1,079,356 $1,172,724 Operating Expenses $59,635 $60,850 Capital Outlay $168,716 - Travel Expenses $122,717 $122,717 Leased Space $46,703 $51,150 Centrally Appropriated Costs $213,131 $231,522 Total Cost $1,690,258 $1,638,963 Total FTE 10.1 FTE 11.0 FTE 1 Centrally appropriated costs are not included in the bill's appropriation. Personal services. The CBI will hire 11.0 FTE to investigate criminal firearm activity statewide. This includes seven CBI field agents, and additional forensic and administrative support staff. Salary amounts are above the midpoint range to recruit and retain qualified persons for these positions. FY 2024-25 amounts are prorated for an August 1, 2024, start date. Operating expenses Operating expenses starting in FY 2024-25 are required for FTE, including desk phones, software, and office supplies. Field agents also require funding for annual training at $5,000 per agent. Additionally, annual forensic services training and accreditation is required for 2.0 FTE at $5,500 each. Page 3 May 23, 2024 SB 24-003 Capital outlay. One-time funding in FY 2024-25 only is required for computers and office furniture for 4.0 FTE, and to equip 7.0 FTE as CBI field agents. Agent packages include radios, safety equipment, firearms, computers, and vehicle equipment. Each package costs about $20,000. Travel expenses. Field agents also require travel expenses, including out-of-state conference travel at $5,000 per agent, annual vehicle leases at $7,991 per agent, and fleet vehicle mileage costs estimated at $4,540 per vehicle. Leased space. Ongoing funding starting in FY 2024-25 is required for leased space costs for each FTE estimated at $4,650 per FTE. Other state agencies. To the extent additional agents increase criminal firearm cases filed, workload and costs to state criminal justice agencies, such as the Judicial Department, the Department of Law, independent judicial agencies that represent indigent offenders, and the Department of Corrections will increase. This increase is expected to be minimal and no change in appropriations is required. 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. 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. Local Government Similar to the state, to the extent the CBI generates additional criminal cases that are assisted by local law enforcement, prosecuted by district attorneys, and sentenced to county jails, costs will increase for these local agencies. Effective Date The bill was signed into law by the Governor on May 15, 2024, and takes effect on August 7, 2024, assuming no referendum petition is filed. Page 4 May 23, 2024 SB 24-003 State Appropriations For FY 2024-25, the bill requires and includes a General Fund appropriation of $1,477,127, and 10.1 FTE to the Department of Public Safety. State and Local Government Contacts Judicial Law Public Safety 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 the General Assembly website.