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 Impact — The 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