Colorado Legislative Council Staff



TABOR Refund Impact

General Fund Revenue Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-721

Rep. McElhany



Bill Status:

Fiscal Analyst:

February 23, 1998


Susan Colling (866-4784)



Summary of Legislation

            The bill makes it unlawful for any person to intimidate a legislative witness, by use of a threat, in order to intentionally influence or induce a legislative witness to:


                      appear or not appear before a committee of the General Assembly;

                      give or refrain from giving testimony to a committee of the General Assembly;

                      testify falsely before a committee of the General Assembly; or

                      avoid legal process summoning the legislative witness to attend and testify before a committee of the General Assembly.

            The bill also makes it unlawful for any person to take action against a legislative witness for testifying before a committee of the General Assembly. It further defines “legislative witness” and “threat” and specifies the penalty for violation of this provision. Additionally, the bill allows legislative witnesses to recover damages for injuries suffered through a violation of this provision.

            The bill will take effect July 1, 1998, and will apply to offenses committed on or after that date.


FY 1998/99

FY 1999/2000

State Revenues

General Fund

Fine Revenue

(less than $10,000)

Fine Revenue

(less than $10,000)

State Expenditures

General Fund

Other Fund



FTE Position Change



Local Government Impact — None

State Revenues

            The bill would have a fiscal impact on state revenues from the collection of fines deposited in the General Fund. The bill specifies that violations of the bill would result in a misdemeanor offense and would be punishable of a fine not to exceed $1,000. Therefore, the bill would impact the General Fund revenue as a result of fines collection, however, the amount collected from violations under this provision are estimated to be less than $10,000 annually.

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.

Spending Authority

            This fiscal note indicates that no additional spending authority or General Fund appropriation is required in FY 1998-99 to implement the provisions of the bill.

Departments Contacted


            Legislative Council