Colorado Legislative Council Staff

STATE and LOCAL

FISCAL NOTE

TABOR Refund Impact

State General Fund Revenue Impact

Local Revenue and Expenditure Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-393

Rep. K. Alexander

Sen. Bishop

Date:

Bill Status:

Fiscal Analyst:

January 14, 1998

House HEWI

Steve Tammeus (866-2756)

 

TITLE:            CONCERNING SELF-SUFFICIENCY FOR PERSONS WITH DISABILITIES BY ASSURING RELIABLE FACILITATIVE TECHNOLOGY.


Summary of Legislation


STATE FISCAL IMPACT SUMMARY

FY 1998/99

FY 1999/2000

State Revenues

General Fund

Other Fund


Fine Revenue


Fine Revenue

State Expenditures

General Fund

Other Fund


 


 

FTE Position Change

None

None

Local Government Impact The bill creates new misdemeanor or felony violations which may impose a penalty of confinement in a county jail.


            This bill creates the “Warranties for Facilitative Technology Act” regarding any device, not including wheelchairs, to assist a person with a disability to be self-sufficient or to maintain or improve a person’s quality of life. Facilitative devices may include such devices as hearing aids, communication devices, computer equipment and reading devices, and voice recognition computer equipment. The provisions of the bill include:

               requirements for authorized servicers to provide express warranties;

               remedies for consumers of purchased devices that do not conform to the warranties or are found to be defective;

               procedures for dispute resolution;

               certain conditions for a consumer to pursue remedies;

               remedies for consumers of leased devices;

               discloser requirements for the resale of a returned device; and

               notification of defective devices.


            The bill specifies that a violation of the provisions of the bill shall be classified as a crime of theft (misdemeanor or felony) per Section 18-4-401(2), C.R.S. Disputes among manufacturers, dealers, and lessors shall be subject to arbitration pursuant to the Colorado rules of civil procedure.


            The bill will become effective on July 1, 1998.


             The bill will affect state, and local government, revenue or expenditures. Therefore, the bill is assessed as having a fiscal impact.


TABOR Refund Impact


            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 or decrease in state revenue from changes in fees, fines, licenses, or other revenue sources will affect the amount of the state revenue to be refunded.


State Revenues


            The penalty for a misdemeanor or a felony is imprisonment or a fine, or both. The confinement is to be served in a county jail and the fines are to be deposited in the state General Fund. Because the courts have the discretion of incarceration or imposing a fine, the impact to the state General Fund cannot be determined. In addition, sufficient misdemeanor and felony data is not available from the Judicial Branch at this time. It is also expected that any revenue collected through fines will be offset by the cost of prosecuting the misdemeanor.


State Expenditures


            The provisions of this bill do not create new enforcement duties for the Department of Law. The Judicial Branch assumes most manufacturers will comply with the provisions of this bill and that a minimal number of new cases will require court hearings.


Local Government Impact


            The penalty for a misdemeanor or a felony is imprisonment or a fine, or both. The confinement is to be served in a county jail and the fines are to be deposited in the state General Fund. Because the courts have the discretion of incarceration or imposing a fine, the impact at the local level cannot be determined. According to a 1993 State Auditor’s report, the average daily cost to house an offender in a county jail is $54. In addition, sufficient misdemeanor and felony data is not available from the Judicial Branch at this time. It is assumed that the impact of this new misdemeanor or felony will be minimal and will not create the need for additional jail space at the county level.


Departments Contacted


            Law                Judicial           Corrections