SB 25-179 Fiscal Note Legislative Council Staff Nonpartisan Services for Colorado’s Legislature SB 25-179: SUNSET IDENTITY THEFT & FINANCIAL DETERRENCE ACT Prime Sponsors: Sen. Weissman; Snyder Rep. Carter; Garcia Published for: Senate Judiciary Drafting number: LLS 25-0402 Fiscal Analyst: Aaron Carpenter, 303-866-4918 aaron.carpenter@coleg.gov Version: Initial Fiscal Note Date: March 5, 2025 Fiscal note status: This fiscal note reflects the introduced bill. Summary Information Overview. The bill continues the Colorado Fraud Investigators Unit, repeals its oversight board, and repeals the surcharges that funds the unit. Types of impacts. The bill has impacts in the following areas through FY 2036-37 from both continuing an existing program scheduled to repeal and making changes to that program: State Revenue State Expenditures TABOR Refunds Appropriations. For FY 2025-26, the bill requires a reduction in cash fund appropriations of $653,345 to the Department of Public Safety, as the bill instead makes a cash fund continuously appropriated. If the General Assembly wishes to expand the Colorado Fraud Investigators Unit, see additional appropriation details in the Legislative Options section. Table 1 State Fiscal Impacts Type of Impact 1 Budget Year FY 2025-26 Out Year FY 2026-27 Out Year FY 2027-28 State Revenue -$501,271 -$501,271 -$501,271 State Expenditures $0 $653,345 $653,345 Transferred Funds $0 $0 $0 Change in TABOR Refunds -$501,271 -$501,271 -$501,271 Change in State FTE 0.0 FTE 4.0 FTE 4.0 FTE 1 These impacts include both those from continuing a program scheduled to repeal, as well as from changes to the program under the bill. Additional detail on fund sources, as well as the new and continuing impacts, are shown in the tables below. Page 2 March 5, 2025 SB 25-179 Table 1A State Revenue Fund Source Budget Year FY 2025-26 Out Year FY 2026-27 Out Year FY 2027-28 Cash Funds – Continuation $0 $0 $0 Cash Fund – Change -$501,271 -$501,271 -$501,271 Total Revenue -$501,271 -$501,271 -$501,271 Table 1B State Expenditures Fund Source Budget Year FY 2025-26 Out Year FY 2026-27 Out Year FY 2027-28 Cash Funds – Continuation $0 $653,345 $653,345 Cash Funds – Refinance $0 -$453,271 -$653,345 General Fund – Refinance $0 $453,271 $653,345 Total Expenditures $0 $653,345 $653,345 Total FTE 0.0 FTE 4.0 FTE 4.0 FTE 1 Table 1B reflects the continuation of the program starting in FY 2026-27 and the refinancing of cash fund expenditures to the General Fund. 2 Expenditure amounts represents the continuation of the current expenditure and FTE amounts for the program. These costs are based on the 4.0 FTE currently used by the program. In the Long Bill, the program currently has an allocation of 7.0 FTE, but has never received sufficient funds from existing cash fund revenue sources to hire the full allocation of FTE. The bill refinances these program expenditures from cash funds to the General Fund, and it is assumed that the funding level will remain constant. If the General Assembly wants to increase the fraud investigation unit to 7.0 FTE, appropriations may be provided, as described in the Legislative Option section. Page 3 March 5, 2025 SB 25-179 Summary of Legislation The bill continues the Colorado Fraud Investigators Unit for 11 years (through September 1, 2036). The bill also repeals the oversight board and the surcharges on uniform commercial code filings, lender licenses, and money transmitter licenses that fund the unit. Instead, the bill allows the unit to accept gifts, grants, and donations to the existing Identity Theft and Financial Fraud Fund and continuously appropriates this cash fund to the department. Continuing Program Impacts Based on the department's FY 2025-26 budget request, the Department of Public Safety is expected to have expenditures of $653,345 to administer the Fraud Investigators Unit. If this bill is enacted, current and expenditures will continue for the program starting in FY 2026-27. However, the funding source for the program will shift to the General Fund due to other changes in the bill, as explained in the State Expenditure section. If this bill is not enacted, the program will end one year after its repeal date on September 1, 2026, following a wind-down period. If allowed to repeal, state cash fund revenue and expenditures will decrease starting in FY 2026-27 by $653,345 per year. Background and Assumptions Currently, the fraud investigation unit is funded through the surcharges outlined above. The unit is allocated 7.0 FTE, however, due to the revenue to the cash fund, the unit has only been able to fund 4.0 FTE positions. The fiscal note assumes current spending levels in future years, however, if the General Assembly chooses to appropriate to 7.0 FTE, it must appropriate additional General Fund (see Legislative Option section). State Revenue Starting in FY 2025-26, state revenue to the Identity Theft and Financial Fraud Cash Fund will decrease by an estimated $501,271 per year due to the removal of certain surcharges. This amount represents the projected revenue described in the Department FY 2025-26 budget requests in the Schedule 9 cash fund report. This revenue is subject to the state’s TABOR limit. Page 4 March 5, 2025 SB 25-179 State Expenditures The bill results in no net change to state expenditures after continuing the program, but instead requires that program expenditures be refinanced from the Identity Theft and Financial Fraud Fund to the General Fund. At the beginning of FY 2025-26, it is assumed that the department will have an estimated $853,419 left in its cash fund. The fiscal note assumes that the cash fund will first be spent down before General Fund is appropriated. Assuming the General Assembly chooses to appropriate General Fund at the same level as current cash fund expenditures, this results in no refinancing in FY 2025-26, an increase of $453,271 in General Fund in FY 2026-27, and an increase of $653,345 in General Fund in FY 2027-28. An equal decrease will occur in cash fund expenditures, resulting in no net change in program expenditures. This transition to General Fund expenditures is shown in Table 2. Table 2 Refinancing the Fraud Investigators Unit Budget Year FY 2025-26 Out Year FY 2026-27 Out Year FY 2027-28 Cash Fund Balance $853,419 $200,074 $0 Annual Expenditures $653,345 $653,345 $653,345 Cash Fund Balance $200,074 $0 $0 Required General Fund $0 $453,271 $653,345 TABOR Refunds The bill is expected to decrease the amount of state revenue required to be refunded to taxpayers by the amounts shown in the State Revenue section above. This estimate assumes the December 2024 LCS revenue forecast. A forecast of state revenue subject to TABOR is not available beyond FY 2026-27. Because TABOR refunds are paid from the General Fund, decreased cash fund revenue will increase the amount of General Fund available to spend or save. Effective Date The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no referendum petition is filed. Page 5 March 5, 2025 SB 25-179 State Appropriations For FY 2025-26, the bill requires a reduction in appropriations of $653,345 from the Identity Theft and Financial Fraud Cash Fund to the Department of Public Safety. Annual appropriations from this fund are no longer required, as the bill makes the cash fund continuously appropriated. Legislative Option This fiscal note assumes the least cost alternative for implementing this bill is to continue program expenditures at the current level. However, if the General Assembly wants to expand the fraud investigation unit and ensure that it can operate with its full allocation of 7.0 FTE, additional appropriations may be provided to the DPS. Funding an additional 3.0 FTE will result in total program expenditures of $1.2 million and 7.0 FTE per year starting in FY 2025-26. The breakdown of these expenditures and the required fund source is shown in the tables below. Table 3A State Expenditures for 7.0 FTE Department of Public Safety Cost Component Budget Year FY 2025-26 Out Year FY 2026-27 Out Year FY 2027-28 Personal Services $736,476 $736,476 $736,476 Operating Expenses $8,960 $8,960 $8,960 Capital Outlay Costs $20,010 $0 $0 Additional Agent Operating $262,085 $210,604 $210,604 Centrally Appropriated $203,125 $203,125 $203,125 Total Costs $1,230,656 $1,159,165 $1,159,165 Total FTE 7.0 FTE 7.0 FTE 7.0 FTE Table 3B Required Appropriations to Fund 7.0 FTE Department of Public Safety Fund Source Budget Year FY 2025-26 Out Year FY 2026-27 Out Year FY 2027-28 Cash Fund Balance (Continuously Appropriated) $853,419 $0 $0 General Fund $174,112 $956,040 $956,040 Centrally Appropriated $203,125 $203,125 $203,125 Total Appropriations $1,230,656 $1,159,165 $1,159,165 Total FTE 7.0 FTE 7.0 FTE 7.0 FTE Page 6 March 5, 2025 SB 25-179 State and Local Government Contacts Public Safety Treasury The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each fiscal year. 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