Colorado Legislative Council Staff


STATE and LOCAL

REVISED FISCAL NOTE

No State General Fund Impact

State Cash Fund Expenditures

Local Government Revenue and Expenditure

(Replaces Fiscal Note dated January 24, 1998)

Drafting Number:

Prime Sponsor(s):

LLS 98-369

Rep. Udall

Sen. Bishop

Date:

Bill Status:

Fiscal Analyst:

February 9, 1998

House 2nd Reading

Steve Tammeus (866-2756)

 

TITLE:            CONCERNING AN INCREASE IN THE PENALTIES FOR POACHING CERTAIN BIG GAME ANIMALS. 


Summary of Legislation


STATE FISCAL IMPACT SUMMARY

FY 1998/99

FY 1999/2000

State Revenues

General Fund

Other Fund


 


 

State Expenditures

General Fund

Other Fund



 



 

FTE Position Change

None

None

Local Government ImpactThe provisions of this bill may require local law enforcement agencies to be involved in or assist enforcement and prosecution of these violations. The amended bill transfers all collected surcharges to the local government where the arrest was made or the citation was issued.


            This bill, as amended by the House Finance Committee (House Journal, January 30, 1998, pages 302 and 303), imposes surcharges, in addition to existing penalties, to be paid by persons convicted of the illegal taking or possession of certain big game trophy species. The amended bill specifies the trophy criteria and surcharge for each species as shown in Table 1.


Table 1

Trophy Criteria

Surcharge

Bull Elk

At least six points on one antler

$10,000

Mule Deer Buck

Inside antler spread of at least twenty-two inches

$10,000

Whitetail Deer Buck

Inside antler spread of at least eighteen inches

$10,000

Bull Moose

None

$10,000

Bighorn Sheep

Horn length of at least one-half curl

$25,000

Mountain Goat

None

$10,000

Pronghorn Antelope

Horn length of at least fourteen inches

$4,000


            The bill specifies that no Victims and Witness Assistance and Law Enforcement Fund surcharge shall be levied against the additional amount of the surcharge imposed, but shall be only levied against the amount of the fine imposed.


            The amended bill specifies that all surcharges collected shall be transmitted to the State Treasurer for credit to the town, city, county, or city and county where the arrest was made or the citation was issued. The bill authorizes the local government to use surcharge monies to further law enforcement or wildlife related programs.


            This bill will become effective on August 15, 1998, or on the date of the official declaration of the vote of the people as proclaimed by the Governor, if a referendum petition is filed pursuant to Article V, Section 1 (3) of the State Constitution.


            The provisions of this bill will affect state cash fund expenditures, and local government revenue and expenditures. Therefore, the bill is assessed as having a local fiscal impact.


State Revenues


            This bill will create a new source of surcharge revenue. That surcharge revenue is to be transmitted by the State Treasurer to the local government where the arrest was made or the citation was issued. Therefore, the provisions of this bill will not affect state General Fund or cash fund revenue. Additionally, since this transmittal is considered a collection for another government, the surcharge revenue is excluded from state fiscal year spending.



State Expenditures


            The Department of Natural Resources, Division of Wildlife, annually issues approximately 285 citations for the illegal taking or possession of big game animals. This fiscal note assumes the Division will issue 26 citations for the illegal taking or possession of trophy animals during FY 1998-99, and will issue 20 citations during FY 1999-00. All of those citations will be heard in court because of the magnitude of the surcharge.


            A District Wildlife Manager III will be responsible for assisting the District Attorney in case prosecution. The Division estimates that each case will require approximately 16 hours for preparation and prosecution. The Division will be able to absorb all related operating and personal services costs within available resources.


            The Judicial Branch and the Office of the Public Defender believe this bill will not significantly affect caseload for FY 1998-99 and FY 1999-00.





Local Government Impact


            The provisions of this bill may require local law enforcement agencies to be involved in or assist enforcement and prosecution of these violations. However, the amended bill specifies that all surcharges collected shall be transmitted to the State Treasurer for credit to the town, city, county, or city and county where the arrest was made or the citation was issued. The bill authorizes the local government to use surcharge monies to further law enforcement or wildlife related programs. Table 2 provides a summary of the trophy violations, as estimated by the Department of Natural Resources, that will be prosecuted and generate surcharge revenue to local governments for FY 1998-99 and FY 1999-00.


Table 2

FY 1998-99

Violations

FY 1999-00 Violations

Surcharge

FY 1998-99 Surcharge Revenue

FY 1999-00

Surcharge Revenue

Bull Elk

11

8

$10,000

$110,000

$80,000

Mule/Whitetail Deer Buck

9

6

$10,000

$90,000

$60,000

Bull Moose

2

2

$10,000

$20,000

$40,000

Bighorn Sheep

3

3

$25,000

$75,000

$75,000

Mountain Goat

0

0

$10,000

$0

$0

Pronghorn Antelope

1

1

$4,000

$4,000

$4,000

Total

26

20

 

$299,000

$259,000


            This bill creates a new source of surcharge revenue to be distributed by the State Treasurer to local governments. Additionally, since this transmittal is considered a collection for another government, the surcharge revenue is excluded from state fiscal year spending, but will be subject to local government fiscal year spending.


Spending Authority


            This fiscal note would imply no new state spending authority or appropriations are required for FY 1998-99 to implement the provisions of this bill.


Departments Contacted


            Judicial           Natural Resources                  Law                Public Defender