Colorado Legislative Council Staff



TABOR Refund Impact

State General Fund Revenue Impact

Local Funds Expenditure Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-822

Rep. Hefley

Sen. Lamborn


Bill Status:

Fiscal Analyst:

March 11, 1998

House SVMA

Janis Baron (866-3523)



Summary of Legislation


FY 1998/99

FY 1999/00

State Revenues

   General Fund


Fine Revenue

(less than $10,000)

Fine Revenue

(less than $10,000)

State Expenditures

   General Fund

   Cash Funds



FTE Position Change



Local Government Impact — See Local Government Impact section of this fiscal note.

            The bill enacts the “Parental Notification Act” which includes the following provisions:


               requires any physician who performs an abortion on a minor to obtain written consent from the minor, serve written notice on the minor’s parent, and wait 48 hours after parental notice is served before performing the abortion;

               specifies the procedures for serving notice on the parent;

               in the case of an emergency, allows the attending physician to perform an abortion on a minor without obtaining written consent or notifying the minor’s parent, but requires a report of the procedure to the parent within 48 hour of performing the abortion;

               establishes procedures under which the minor may petition the court for a waiver of parental notification;

               specifies that the act does not create a right to an abortion and does not legalize an otherwise illegal abortion;

               makes it a class 1 misdemeanor to perform an abortion in violation of the act;

               provides that a physician who violates any provision of the act engages in unprofessional conduct;

               establishes failure to serve parental notice as prima facie evidence of negligence in a civil action; and

               is effective July 1, 1998, and Section 13-22-107 (8) (a), C.R.S., shall apply to offenses committed on or after said date.

State Revenues

            The bill makes it a class 1 misdemeanor if an attending physician intentionally performs an abortion in violation of this act. This provision could potentially impact General Fund revenues since all fine revenues are deposited into the state General Fund. The impact to the General Fund is expected to be minimal;, however, such impact cannot be quantified at this time. The penalty for a class 1 misdemeanor is identified below:



County Jail

Class 1 Misdemeanor

$500 to $5,000

6 months to 18 months

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

            State DepartmentsAlthough the bill establishes a judicial waiver process with additional requirements on the courts, the number of cases seeking a waiver is expected to be minimal and would be absorbed within existing resources. The bill adds to the unprofessional conduct list another item that can be cause for disciplinary action, though this is not anticipated to result in a significant increase in complaints or disciplinary actions in the Department of Regulatory Agencies that cannot be accommodated with existing resources.

            The consensus of the departments canvassed for this fiscal note is that physicians will comply with the act.

Local Government Impact

            The bill may impact expenditures at the county level. Courts have the discretion of imposing a fine or a sentence to the county jail in misdemeanor cases, thus, it is difficult to determine the impact of the bill’s provisions since no data is available to indicate whether judges are more likely to impose a fine or a county jail sentence. According to a 1993 report from the State Auditor’s Office, the average daily cost to house an offender in a county jail is $54. Consequently, the cost to the counties to house an offender convicted of a class 1 misdemeanor would range from $9,720 to $29,160 per incarceration.

Spending Authority

            The bill does not require an appropriation clause.

Departments Contacted

            Human Services


            Regulatory Agencies