Colorado Legislative Council Staff



TABOR Refund Impact

State General Fund Revenue Impact

Local Expenditure Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-761

Rep. Dean

Sen. Lacy


Bill Status:

Fiscal Analyst:

February 4, 1998

House SVMA

Scott Nachtrieb (866-4752)



Summary of Legislation

            The bill would make it a class 2 misdemeanor for a political committee, lobbyist, or principal of a lobbyist to interview a member of the General Assembly or candidate for the General Assembly when the General Assembly is in regular session to determine whether to make a contribution to the member or candidate.

            A county executive committee of a political party, in addition to the county central committee, would determine the time and place of a precinct caucus, fix the number of delegates from each precinct to participate in a county assembly, and determine the number of delegates from precincts. Candidates that are petitioning for partisan county offices would be signed by "electors eligible to vote" rather than "eligible electors". The bill would become effective upon the Governor’s signature.


FY 1998/99

FY 1999/2000

State Revenues

General Fund

Other Fund

Misdemeanor Fines

Misdemeanor Fines

State Expenditures

General Fund

Other Fund



FTE Position Change



Local Government Impact — County jail costs from Class 2 misdemeanor convictions.

State Revenues

            A person convicted of a Class 2 misdemeanor is subject to a fine of $250 to $1,000 or a county jail sentence. The fine and jail sentence may also be suspended. Fines imposed in county court would be State General Fund revenues. The number of fines imposed by county judges under the provisions of this bill has been estimated to be minimal.

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.

Local Government Impact

            The court has the discretion of imposing a fine or a sentence to the county jail. The impact to the counties cannot be quantified as imprisonment is not mandatory. Based on a 1993 audit from the State Auditor’s Office, the daily cost to house an offender in a county jail is $54. Consequently, the potential impact to the counties to house an offender convicted of a class 1 petty offense (up to six months) would range from $0 to $9,720.

Spending Authority

            This fiscal note implies that no additional spending authority would be required in FY 1998-99 to implement the provisions of this bill.

Departments Contacted

            Secretary of State