Colorado Legislative Council Staff




TABOR Refund Impact

No State General Fund Expenditure Impact

Local Expenditure Impact

Cash Funds Revenue and Expenditure Impact

Cash Funds Exempt Revenue and Expenditure Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-513

Rep. McPherson


Bill Status:

Fiscal Analyst:

January 3, 1998

House SVMA

Susan Colling (866-4784)



Summary of Assessment


FY 1998/99

FY 1999/2000

State Revenues

General Fund

Cash Fund

Fees, gifts, grants and donations.

Fees, gifts, grants and donations.

State Expenditures

General Fund

Cash Fund

Fees, gifts, grants and donations

Fees, gifts, grants and donations

FTE Position Change



Local Government Impact — See Local Government Section below.

            This bill establishes a program in the Division of Correctional Industries in the Department of Corrections to create disaster relief crews. The crews would be composed of inmates from medium, minimum restrictive, and minimum security facilities and would be made available to state and other governmental agencies in natural or man-made disasters.


            Further, the bill directs the Executive Director of the Department of Corrections to establish rules governing the program including:


                      inmate eligibility;

                      procedures for requesting assistance;

                      security measures;

                      fees to be charged; and

                      compensation payable to inmates.

            The bill also authorizes equipment purchases, training, and donation solicitation by the Division of Correctional Industries. The program would not be implemented until sufficient moneys are available to equip and train at least one inmate for the disaster relief crew.

            The bill will become effective at 12:01 a.m. on the day following the ninety-day period after adjournment sine die of the General Assembly, 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 bill is assessed as having a fiscal impact on Cash Funds Revenue and Cash Funds Exempt Revenue. However, the bill has no fiscal impact on General Fund expenditures. In the event that there is a natural or man-made disaster, the Department of Corrections currently has inmate work crews that could participate in the program proposed in this legislation. Since several programs in the DOC currently have funded work supervisors who would be available to be trained to respond to disasters there is no cost involved in training. Further, no additional spending authority would be needed as work performed under this legislation would be diverted from other duties by existing crews.

State Revenues

               Under the proposed bill, the Division of Correctional Industries in the Department of Corrections would be authorized to solicit, accept and expend grants, donations, gifts and other moneys to defer the costs related to creating inmate disaster emergency crews. Additionally, the Division would be authorized to charge for services performed by such crews.

            Section 20 of Article X of the Colorado Constitution, limits the maximum annual percentage increase in state fiscal year spending. Once total state revenue from all sources that are not specifically excluded from fiscal year spending exceeds these limits for the fiscal year, the state constitution requires that the excess shall be refunded in the next fiscal year unless voters approve a revenue change as an offset. Based on the current Legislative Council economic forecast, it is projected that the state will be in a TABOR refund position during each of the next five fiscal years. Any increase in state revenue from changes in fees, fines, licenses, or other revenue sources will affect the amount of the state revenue to be refunded.

Local Government Expenditures

            In the event that local government would receive assistance from an inmate disaster relief crew, the Division of Correctional Industries may assess a fee for the service.

Spending Authority

            Since the bill authorizes the Department of Corrections to expend any funds received, no separate appropriation would be required to implement the provisions of the bill.

Departments Contacted

            Department of Corrections

Omissions and Technical or Mechanical Defects

            The bill does not specify which cash funds would be used for deposit of collected fees, gifts, grants and donations.