Colorado Legislative Council Staff
STATE
FISCAL IMPACT
Drafting Number: Prime Sponsor(s): |
LLS 99-0504 Rep. Tool
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Date: Bill Status: Fiscal Analyst: |
February 15, 1999 House SVMA Scott Nachtrieb (303-866-4752) |
TITLE: CONCERNING THE CREATION OF THE COLORADO ELECTION COMMISSION.
Fiscal Impact Summary |
FY 1999/2000 |
FY 2000/2001 |
State Revenues Cash Fund |
|
|
State Expenditures Cash Fund |
$3,000 |
$3,000 |
FTE Position Change |
0.0 FTE |
0.0 FTE |
Other State Impact: None |
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Effective Date: 90 days after adjournment unless a petition is filed |
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Appropriation Summary for FY 1999-2000: Secretary of State - $3,000 CF |
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Local Government Impact: None |
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Summary of Legislation
The bill would create a five member Colorado Election Commission within the Department of State. Commission members would be reimbursed for their actual and necessary expenditures for a minimum of 12 meetings per year. A Director of Elections would also be appointed by the Secretary of State. All of the Secretary of State's functions concerning elections would be transferred to the commission.
State Revenues
The Secretary of State assesses fees on business/corporate filings and other transactions conducted by the office to support the elections. The Elections Division also generates approximately $39,042 in cash funds from the sale of election related records. This bill would include the commission under the activities that the Secretary of State's fees are to pay for. Since the election functions are transferred to the commission with minimal expenditure increases and remain within the Secretary of State's office, the fees in the Secretary of State's office would not be expected to change.
State Expenditures
The bill would create a five person commission that would meet at least 12 times a year. This would require additional expenditures of $3,000 (5 members X 12 meetings X $50 reimbursement). This cost is the only expenditure increase identified with this transfer. Section 24-1-105 (1) states that a type 1 entity shall:
"exercise its prescribed statutory powers, duties, and functions, including rule-making, regulation, licensing, and registration, the promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications, independently of the head of the principal department. Under a type 1 transfer, any powers, duties, and functions not specifically vested by statute in the agency being transferred, including, but not limited to, all budgeting, purchasing, planning, and related management functions of any transferred department, institution, or other agency, or part thereof, shall be performed under the direction and supervision of the head of the principal department."
Therefore, it is assumed that the commission would act independently, but the Secretary of State would continue the administrative role. There would be two entities within the Secretary of State's office transferred to the commission, the Elections Division and the National Voter Registration Act. The estimated transfers from the Secretary of State's FY 1999-00 budget request are identified in the table below.
Estimated Transfers to Election Commission from Secretary of State's Office |
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|
Personal Services |
Operating |
FTE |
Election Division |
$380,924 |
$64,178 |
8.5 |
National Voter Registration Act |
39,199 |
84,193 |
1.0 |
Data Processing |
90,633 |
214,249 |
1.5 |
Colorado Voter Registration System |
|
205,430 |
|
Legal Services |
85,083 |
|
|
Administrative Law Judges |
28,229 |
|
|
Indirect |
|
13,235 |
|
County Clerk Reimbursement |
|
3,000 |
|
Bilingual Translation |
|
5,000 |
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FY 1999-00 |
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County Clerk Reimbursement |
|
600,000 |
|
Odd Year Initiative Costs |
|
50,000 |
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FY 2000-01* |
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Initiative and Referendum Costs* |
|
500,000 |
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TOTAL FY 1999-00 TRANSFER |
$624,068 |
$1,239,285 |
11.0 |
* This amount would not be included in the FY 1999-00 transfer but would be required in FY 2000-01.
State Appropriations
This fiscal note implies that the Secretary of State would require $3,000 in additional Secretary of State Cash Funds in FY 1999-00 to implement this bill.
Departments Contacted
Secretary of State Joint Budget Committee Staff