Colorado Legislative Council Staff

STATE and LOCAL

FISCAL NOTE

TABOR Refund Impact

General Fund Revenue Impact

Local Expenditure Impact


Drafting Number:

Prime Sponsor(s):

LLS 98-464

Rep. Grossman

Date:

Bill Status:

Fiscal Analyst:

January 18, 1998

House Judiciary

Susan Colling (866-4784)

 

TITLE:            CONCERNING THE PROHIBITION OF POSSESSION OF ASSAULT WEAPONS IN THE STATE OF COLORADO.



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 — See Local Government Impact Section below.



            This bill would prohibit the sale, ownership, or possession of assault weapons or of a weapon magazine that holds or may be modified to hold 21 or more rounds. The bill creates exceptions in the following circumstances:

 

                      sale, ownership, and possession of such weapons by federal, state, or local governmental employees while acting in their official capacity;

 

                      sale, ownership, and possession by licensed dealers, importers, and manufacturers for the purpose of selling weapons to authorized governmental agencies; and

 

                      ownership or possession of such weapons for which a permit has been issued by a local law enforcemnt agency.




            The bill would require county sheriffs and chiefs of police to issue permits to keep, store, and possess assault weapons legally obtained prior to January 1, 1999.


            Further, the bill would establish an unclassified misdemeanor penalty for the unlawful sale, ownership, or possession of an assault weapon or a magazine.


            The bill would take effect upon signature of the Governor.



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 bill would make it a misdemeanor offense for any person who unlawfully sells, owns or possesses an assault weapon or magazine. The misdemeanor offense would be unclassified and would carry a fine of not more than $5,000. Therefore, there would be an impact on General Fund revenue. Data are not available to estimate the amount of revenue or the number of possible cases.



Local Government Impact


            The bill would require persons who intend to keep, store and possess an assault weapon or magazine to file an application and obtain a permit before January 1, 1999 from the local law enforcement agency in which that person resides. The bill requires the sheriff of each county and the chief of police of a city or city and county to issue permits to eligible persons to keep, store and possess an assault weapon . The impact would be on local government, however, the degree of impact is unknown and it is assumed that any increase in workload would be absorbed within existing resources.


 










Spending Authority


            This fiscal note would imply that no additional spending authority or appropriations are required to implement the provision of the bill for FY 1998-99.



Departments Contacted


            Alternate Defense Counsel

            Department of Public Safety

            Judicial

            State Public Defender

 






FACTS AND ASSUMPTIONS



Facts


Assumptions