Colorado Legislative Council Staff
STATE
REVISED FISCAL NOTE
(replaces Fiscal Note dated January 28, 1998)
TABOR Refund Impact
Cash Fund Revenue and Expenditure Impact
Drafting Number: Prime Sponsor(s): |
LLS 98-445 Sen. Congrove Rep. Tucker |
Date: Bill Status: Fiscal Analyst: |
March 20, 1998 Senate Appropriations Susan Colling (866-4784) |
TITLE: CONCERNING THE PEACE OFFICER STANDARDS AND TRAINING BOARD.
Summary of Legislation
STATE FISCAL IMPACT SUMMARY |
FY 1997/98 |
FY 1998/99 |
State Revenues General Fund P.O.S.T. Board Cash Fund |
$10,000 |
$10,000 |
State Expenditures General Fund P.O.S.T. Board Cash Fund |
10,000 |
10,000 |
FTE Position Change |
None |
None |
Local Government Impact — None |
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As amended by the Senate Judiciary Committee (Senate Journal, February 6, 1998, page 184) the bill adds to the definition of “peace officer,” peace officers levels I, Ia, and II, whose employment may maintain a certificate issued by the Peace Officer Standards and Training Board (P.O.S.T.). The bill clarifies that in order to maintain a certificate a person must serve as a peace officer for at least 6 months during any 3-consecutive-year period. Additionally, the bill deletes the power of the P.O.S.T. board to grant variances from statutory requirements.
The bill repeals the duty of the P.O.S.T. board to enforce the requirement that district wildlife managers be certified by the P.O.S.T. board. The bill also provides that any person employed as a parks and recreation officer who has fulfilled certain requirements, as described in the bill, also satisfies the necessary training requirements as set forth by the P.O.S.T. board.
The bill authorizes the P.O.S.T. board to execute the following:
∙ grant a provisional certificate to a person who is currently authorized to act as a peace officer in another state if the person successfully completed the P.O.S.T. board’s certification examination and possesses current first aid and cardiopulmonary resuscitation certificates; and
∙ grant a basic certificate to a person who holds a valid provisional certificate and who satisfies the skills requirements through examination, training, or other demonstration of proficiency.
The bill limits the term of a provisional certificate to six months and allows for a one-time renewal for an additional six months.
The bill is assessed as having a fiscal impact on cash fund revenue and expenditures and is effective upon signature of the Governor.
State Revenue
The bill would allow the P.O.S.T. board to issue provisional certificates to qualified peace officers, therefore the bill would have a fiscal impact on cash fund revenue. It is anticipated that providing provisional certificates could be provided for half the cost associated with basic and reserve peace officer certification. Therefore, the Department of Law indicates that provisional certificates would be issued for approximately 100 applicants at $100 each, resulting in an increase in cash funds revenue of $10,000.
State Expenditures
The Department of Law would be allowed to issue provisional certificates to peace officers who qualify under the P.O.S.T. board requirements. Such qualified officers would be required to pay a $100 fee for the certificate. Therefore, the Department of Law would expend the cash funds collected from the provisional certificates to conduct the testing and issue the certificate.
Fee Impact on Individuals, Families or Business
Pursuant to Section 2-2-322, C.R.S., which requires legislative service agency review of legislative measures which include the creation or increase of any fee collected by a state agency, the following analysis is provided.
FEE IMPACT ON INDIVIDUALS, FAMILIES OR BUSINESS |
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Type of Fee (identify each fee separately) |
Current Fee |
Proposed Fee |
Fee Change |
# of Affected Individuals, Families or Business |
Total Fee Impact |
P.O.S.T Board certification (Provisional certificates) |
0 |
100 |
100 |
100 |
10,000 |
TOTAL |
$10,000 |
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Spending Authority
The fiscal note indicates that for FY 1998-99, the Department of Law would require an additional $10,000 in cash fund (P.O.S.T. Board cash fund) spending authority to implement the provisions of the bill.
Departments Contacted
Department of Law
Department of Public Safety
Department of Revenue
Legislative Council