Colorado Legislative Council Staff

STATE

FISCAL NOTE

TABOR Refund Impact

Cash Fund Revenue Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-622

Sen. Hernandez

Rep. Johnson

Date:

Bill Status:

Fiscal Analyst:

February 1, 1998

Senate Agriculture

Steve Tammeus (866-2756)

 

TITLE:            CONCERNING REGULATORY MEASURES TO SAFEGUARD THE WELFARE OF PET ANIMALS, AND, IN CONNECTION THEREWITH, AMENDING THE DEFINITIONS OF “PET ANIMAL FACILITY” AND SMALL ANIMAL HOBBY BREEDER FACILITY” AND REGULATING THE BANDING OF PSITTACINE BIRDS.



Summary of Legislation



STATE FISCAL IMPACT SUMMARY

FY 1998/99

FY 1999/2000

State Revenues

General Fund

Pet Animal Care and Facility Fund



$4,000



$4,000

State Expenditures

General Fund

Other Fund


 


 

FTE Position Change

None

None

Local Government Impact — None



            This bill states that two or more pet animal facilities that have a similar purpose and operate from one place shall be considered a single facility. The bill changes the name of “small animal hobby breeder facility” to “small animal breeder facility” and defines the facility as any facility that transfers no more small mammals than the maximum number established by the Commissioner of Agriculture by rule for each particular species.


            The bill requires the Commissioner of Agriculture to adopt rules for applications and fees for leg bands for psittacine birds (parrots). The bill requires each holder of a bird leg band number to pay an annual renewal fee on or before October 1 of each year. The bill makes it illegal for any person to import or possess for the purpose of selling, trading, giving, or transferring certain species of birds that have not been legally leg banded during the prefeatherd stage of development. The bill will become effective upon the signature of the Governor.


            The bill will not affect state expenditures, but will affect state cash fund revenue. Therefore, the bill is assessed as having a state fiscal impact.


State Expenditures


            The Department of Agriculture believes the costs of implementing the provisions of this bill will be minimal. The department will absorb all associated costs within existing resources.


State Revenues


            This bill will create new cash fund revenue to the Pet Animal Care and Facility Fund under the Department of Agriculture for FY 1998-99 and FY 1999-2000.


            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 or Businesses

Pet Animal Care and Facility Fund Revenue

Fee

Type

Current

 Fee

Proposed Fee

Fee Change

# of Affected Individuals

Total Fee Impact

Psittacine Leg Band

$0

$20

$20

200

$4,000

TOTAL

$4,000


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 would imply that no new state appropriations or spending authority is required for FY 1998-99 to implement the provisions of the bill.


Departments Contacted


            Agriculture                 Law