Colorado Legislative Council Staff

STATE and LOCAL

FISCAL NOTE

TABOR Refund Impact

State General Fund Revenue and Expenditure Impact

State Cash Fund Revenue and Expenditure Impact

Local Revenue and Expenditure Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-040

Rep. Schauer

Sen. Johnson

Date:

Bill Status:

Fiscal Analyst:

January 20, 1998

House Judiciary

Steve Tammeus (866-2756)

 

TITLE:            CONCERNING THE EXPANSION OF INFORMATION THAT IS REQUIRED TO BE OPEN TO PUBLIC INSPECTION.


Summary of Legislation


STATE FISCAL IMPACT SUMMARY

FY 1998/99

FY 1999/2000

State Revenues

General Fund and Cash Fund


Eliminates fees for editing reports for public inspection

Allows report custodians to increase fees to cover costs

State Expenditures

General Fund

Cash Fund


$445,773

$95,125


$303,423

$80,725

FTE Position Change

10.0 FTE

10.0 FTE

Local Government ImpactThis bill will require local government criminal justice agencies to file and maintain significantly more records and reports than current law requires.


            This bill requires the record of an official action constituting an arrest by a criminal justice agency to be open for inspection and to include information regarding:

               the date, time, and place of arrest;

               any resistance encountered by the agency and any pursuit;

               use of weapons;

               the charge, search warrant, or other legal basis;

               the identity of the agency and persons taking action on behalf of the agency;

               the person(s) cited, arrested, or detained;

               the manner in which the agency received the information, and the person(s) who supplied the information; and

               photos of the arrestee(s).


            The bill requires every criminal justice agency that investigates crimes or accidents, or provides protective services to the public to make and maintain incident reports with respect to any investigation of a suspected crime, requests for assistance, or investigation of an accident. The bill requires these reports to be open to the public and to include same, or similar, information as required for an arrest record, plus information regarding:

               any recordings of 911 calls or other calls for emergency assistance;

               witnesses or victims; and

               any person(s) whose identity is protected.


            The bill requires the agency to delete the identity of juveniles, victims of sexual assault, certain informants, and certain other victims from the reports and records. The bill allows the custodian of these records and reports to set and charge fees for copies, printouts, and photographs of the portion of these records and reports that are open to public inspection. However, the bill prohibits the custodian from assessing a fee for removing the portion of a record or report that is not open for inspection. The bill establishes a maximum fee of $1.25 per page for furnishing copies, printouts, or photos of these records or reports. However, the bill allows the custodian to establish a higher fee if the actual costs exceed $1.25 per page.


            The bill requires the district court to award reasonable court costs and attorney fees to the prevailing party of litigation that comes as a result of a person requesting and being denied access to a public record. The bill will become effective upon the signature of the Governor.


            This bill will affect state and local government revenue and expenditures. Therefore, it is assessed as having a state and local fiscal impact.



State Revenues


            This bill eliminates the custodian’s ability to charge fees to recover the actual and necessary costs of editing records prior to public inspection. The Judicial Branch, the Colorado State Patrol (CSP), and the Colorado Bureau of Investigation (CBI) are collecting fees for these services under current law, primarily to not reveal the names of victims. The total amount of these fees has not been estimated. Elimination of these fees will reduce revenue to the General Fund and other cash funds.


            The bill establishes a maximum fee of $1.25 per page for furnishing copies, printouts, or photos of records or reports. However, the bill allows the custodian to establish a higher fee if the actual costs exceed $1.25 per page. Under current law, the CSP assesses a fee of $1.25 per page for copies of records or reports and a fee of $5.00 per photograph issued for public inspection. The CBI assesses similar fees for similar services. Based upon the expenditures shown in the “State Expenditures” section of this fiscal note, the CSP and the CBI estimate these fees may have to be increased substantially to recover the actual costs of providing the copies, printouts, or photos. The actual amount of the fee increases, if any, has not been determined. This fiscal note cannot ascertain what level of subsequent fee increases will be sufficient to recover all additional state expenditures.



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 Expenditures


            The provisions of this bill will affect the annual expenditures of the CSP, CBI, and the Judicial Branch based upon the following assumptions:

 

               that this bill increases the amount of data required to be collected and maintained;

               that this bill requires new and different types of data to be collected, maintained, and provided for public inspection;

               that all data collected would be maintained for an indeterminate period of time;

               that data to be collected includes written reports, photographs, computer files, video tapes, and audio tapes;

               that state agencies will design and print new data collection forms;

               that a records management system(s) will be required to maintain all statewide information; and

               that the existence of new and additional data will influence the annual number of information requests received from the public.


            Department of Public Safety. The CBI estimates the provisions of this bill will require it to prepare and maintain an additional 230,641 reports statewide. Tables 1 and 2 provide a summary of the cost estimates for the CSP and CBI for FY 1998-99 and FY 1999-2000.


Table 1 - Colorado State Patrol

Information Expansion Expenditures

 

FY 1998-99

FY 1999-2000

Personal Services

3.0 FTE - $70,725

3.0 FTE - $70,725

Records Management Expenses

10,000

10,000

Records Management System

9,000

0

Office Furniture

5,400

0

Total Cash Fund Expenses

$95,125

$80,725




Table 2 - Colorado Bureau of Investigation

Information Expansion Expenditures

 

FY 1998-99

FY 1999-2000

Personal Services

PERA/Medicare

Total

7.0 FTE - $253,584

32,839

$286,423

7.0 FTE - $253,584

32,839

$286,423

Operating Expenses

3,500

3,500

Registration and Training

5,250

0

Records Management System

138,000

13,500

Office Furniture

12,600

0

Total General Fund Expenses

$445,773

$303,423



            Judicial Branch. This bill allows a prevailing party to recover court costs and legal fees in a suit alleging unlawful denial to access a public record. This provision would apply to noncriminal-justice records and approximately 236,000 new cases annually. The Judicial Branch estimates at least 2 million current case records would be subject to this provision, and indicates, a court employee will eventually be challenged in court for denying access. Therefore, the bill will increase the opportunity for the state to pay court costs and legal fees to a prevailing party.



Expenditures Not Included


            Pursuant to the Joint Budget Committee’s budget policies, the following expenditures have not been included in this fiscal note:

 

               health and life insurance costs of $22,120;

               short-term disability costs of $681;

               inflationary cost factors;

               leased space; and

               indirect costs.



Local Government Impact


            This bill will require local government criminal justice agencies to file and maintain significantly more records and reports than current law requires. For example, the Office of the Boulder County Sheriff filed and maintained approximately 21,000 reports in 1997. The Boulder County Sheriff estimates the provisions of this bill may require that office to annually file and maintain over 40,000 records and reports.


            This fiscal note assumes all other city and county law enforcement agencies will experience similar increases in report requirements. Additionally, local government costs will increase to collect and maintain more information. Although the bill allows the record custodian to adjust fees, this fiscal note cannot ascertain what level of any subsequent fee increases will be sufficient to recover those additional costs.



Spending Authority



            This fiscal note would imply the Department of Public Safety would require a General Fund appropriation of 7.0 FTE and $445,773 for allocation to the Colorado Bureau of Investigation, and a cash fund appropriation of 3.0 FTE and $95,125 for allocation to the Colorado State Patrol for FY 1998-99 to implement the provisions of this bill.



Departments Contacted


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