TITLE: CONCERNING DANGEROUS DOGS, AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.

STATE FISCAL IMPACT SUMMARY	FY 1998/99	FY 1999/2000
State Revenues General Fund Animal Protection Fund Fines Collection Cash Fund	(Fines Reduction) Fines Increase (Fines Reduction)	(Fines Reduction) Fines Increase (Fines Reduction)
State Expenditures General Fund Animal Protection Fund	$10,000 $2,500	$2,500
FTE Position Change	None	None
Local Government Impact — May affect local government law enforcement expenditures associated with inspecting dangerous dog confinement facilities and enforcing the provisions of the bill.

This bill establishes the minimum fine for a class 2 misdemeanor as mandatory for second or subsequent violations by any owner whose dangerous dog injures or destroys any domestic animal. The bill requires the court to order the convicted owner to make restitution equal to or the greater of the fair market value or the replacement cost of the domestic animal, plus any reasonable medical expenses incurred in treating the animal, or in replacing the injured or destroyed animal. The bill also prescribes other conditions the convicted owner must abide by, including conditions for notifying the Bureau of Animal Protection in the Department of Agriculture.

The bill requires the convicted owner to permanently identify a dangerous dog through tattooing or implantation of a microchip by a licensed veterinarian. The bill requires a record of the microchip to be provided to the bureau, and requires the owner to report the method of identification to the bureau and local animal control agencies. Additionally, the bill authorizes the court to order one or more sanctions be performed by the convicted owner of a dangerous dog, including attending certified training, obtaining liability insurance, and performing community service.

Any violations of these sanctions shall be punishable as contempt of court, except that if ownership of the dangerous dog has been illegally transferred, the transferor shall be guilty of a class 3 misdemeanor. Any fines collected shall be deposited in the Animal Protection Fund for annual appropriation (not to exceed $2,500) to the Department of Agriculture. The bill specifies that any fines collected as a felony penalty for conviction of unlawful ownership of a dangerous dog be deposited in the Animal Protection Fund rather than the Fines Collection Cash Fund. The bill appropriates $10,000 from the General Fund to the Department of Agriculture for allocation to the Bureau of Animal Protection for FY 1998-99 for the development of an informational videotape.

This bill will affect state General Fund expenditures and cash fund revenue and expenditures. Therefore, the bill is assessed as having a fiscal impact.

Current law prescribes a variety of misdemeanor and felony penalties for violations of unlawful ownership of a dangerous dog. This bill creates a new violation in that it specifies that if ownership of a dangerous dog has been illegally transferred, the transferor shall be guilty of a class 3 misdemeanor. The penalty for a class 3 misdemeanor is up to six months imprisonment or a fine of $50 to $750, or both. Under current law, the confinement is to be served in a county jail and the fines are to be deposited in the state General Fund. This bill requires all fines to be deposited to the Animal Protection Fund. Because the courts have the discretion of incarceration or imposing a fine, the impact to the Animal Protection Fund cannot be determined. In addition, sufficient misdemeanor data is not available from the Judicial Branch at this time.

The bill also specifies that any fines collected as a felony penalty for conviction of unlawful ownership of a dangerous dog be deposited in the Animal Protection Fund rather than the Fines Collection Cash Fund. The amount of the felony fines has not been estimated.

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.

The Department of Agriculture estimates the development of an informational videotape will cost approximately $10,000 (General Fund) for FY 1998-99. The Bureau of Animal Protection within the Animal Industry Division will be able to absorb all personal services costs associated with the administration of this bill, but will require operating expenses in the amount of $2,500 (Animal Protection Fund) for FY 1998-99 and FY 1999-2000.

The Judicial Department estimates the number of new cases will be minimal and will not increase state expenditures for court orders.

This bill may affect local government law enforcement expenditures associated with inspecting dangerous dog confinement facilities and enforcing the provisions of the bill.

This fiscal note would imply the Department of Agriculture would require a General Fund appropriation of $10,000 and an Animal Protection Fund appropriation of $2,500 for FY 1998-99 to implement the provisions of the bill.