Colorado Legislative Council Staff

STATE

FISCAL IMPACT

Drafting Number:

Prime Sponsor(s):

LLS 99-0643

Rep. Leyba

Sen. Tanner

Date:

Bill Status:

Fiscal Analyst:

February 4, 1999

House Judiciary

Steve Tammeus (866-2756)

TITLE: CONCERNING THE EXTENSION OF CIVIL RIGHTS TO PERSONS DISCRIMINATED AGAINST ON THE BASIS OF SEXUAL ORIENTATION.

Fiscal Impact Summary	FY 1999/2000	FY 2000/2001
State Revenues General Fund
State Expenditures General Fund	$22,569	$43,480
FTE Position Change	0.5 FTE	0.5 FTE
Other State Impact: None
Effective Date: Upon signature of the Governor.
Appropriation Summary for FY 1999-2000: Department of Regulatory Agencies - 0.5 FTE and $22,569 - General Fund
Local Government Impact: None

Summary of Legislation

This bill defines "sexual orientation" and revises statutes regarding discrimination by adding sexual orientation to the list of characteristics for which a person may not be discriminated against under state law.

State Expenditures

The provisions of this bill will increase the current caseload of the Colorado Civil Rights Division in the Department of Regulatory Agencies. The division is currently budgeted 35.0 FTE and $2,509,066, primarily General Fund. The division's expenses for FY 1999-2000 and FY 2000-01 to administer the provisions of this bill are based upon the following assumptions:

• that caseload is based upon the number of cases in Aspen, Denver, Telluride, and Boulder which have existing laws on sexual discrimination;

• that Denver's caseload is estimated to be approximately 20% of the total number of cases statewide;

• that some complaints will continue to be heard in those cities, but new complaints will be filed with the state, due to the fact the state utilizes an administrative hearing process;

• that the division's caseload will increase from 35 cases to 60 cases per year;

• that at least one case would not be settled through conciliation and would require an administrative hearing during the second year;

• that the Office of the Attorney General would be required to provide general counsel to the division during the second year; and

• that in the event an administrative hearing is required during the first year, and in the event the division cannot absorb the costs for legal services for that hearing, the division may require additional funding to cover those costs.

Table 1 provides a summary of the division's General Fund expenditures to support the provisions of this bill.

Table 1 - Colorado Civil Rights Division Sexual Orientation Discrimination
	FY 1999-2000	FY 2000/2001
Personal Services General Professional II PERA/Medicare Total	0.5 FTE - $14,706 1,890 $16,596	0.5 FTE - $14,706 1,890 $16,596
Operating Expenses	1,772	1,652
Administrative Hearing Expenses 45 hours @ $99.38/hour	0	4,472
Legal Expenses 250 hours @ $51.40/hour 200 hours @ $39.55/hour	0	20,760
Non-recurring Expenses	4,201	0
Total Expenses	0.5 FTE - $22,569	0.5 FTE - $43,480

Expenditures Not Included

Pursuant to the Joint Budget Committee’s budget policies, the following expenditures have not been included for the Department of Regulatory Agencies in this fiscal note:

• health and life insurance costs of $1,106;

• short-term disability costs of $31;

• inflationary cost factors;

• leased space; and

• indirect costs.

State Appropriations

This fiscal note would imply the Department of Regulatory Agencies would require a General Fund appropriation of 0.5 FTE and $22,569 for FY 1999-2000.

Departments Contacted

Regulatory Agencies Law Judicial Public Defender