TITLE: CONCERNING LIMITATIONS ON THE SALE OF ASSAULT WEAPONS BY UNLICENSED PERSONS.

The bill would prohibit any person who is not a licensed manufacturer, dealer, importer or collector from selling an assault weapon. The bill makes it a class 2 misdemeanor for the first unlicensed sale and a class 1 misdemeanor for second or subsequent unlicensed sales.

STATE FISCAL IMPACT SUMMARY	FY 1998/99	FY 1999/2000
State Revenues General Fund Other Fund	Fine Revenue	Fine Revenue
State Expenditures General Fund Other Fund
FTE Position Change	None	None
Local Government Impact — See Local Government Impact Section below.

The bill would have a fiscal impact on state revenues from the collection of fines. The bill would make it a class 2 misdemeanor for the first unlicensed sale and a class 1 misdemeanor for second or subsequent unlicensed sales:

∙ Class 2 Misdemeanor --- carries a fine penalty between $250 and $1,000, and in addition to or in lieu of a fine, a person convicted may be sentenced to a term of imprisonment between three and 12 months to be served in the county jail.

∙ Class 1 Misdemeanor --- carries a fine between $500 to $5,000 and in addition to or in lieu of a fine, a person convicted may be sentenced to a term of imprisonment between six and 18 months to be served in the county jail.

Sufficient data are not available on misdemeanor offenses. Additionally, because the courts

have the discretion of incarceration or imposing a fine, the impact to the state General Fund cannot be determined. It is also expected that any revenue collected through fines would offset the cost of prosecuting the misdemeanor.

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 bill may have a fiscal impact on local government expenditures. There may be an impact on county jail space because both class 2 and class 1 misdemeanors carry a possible term of imprisonment. Since the courts have the discretion of imposing either a jail sentence, a fine or both, the impact on local government cannot be determined. However, it is assumed that the impact of these new misdemeanors would be minimal and would not require additional county jail space.

This fiscal note indicates that no additional spending authority or appropriations are required to implement the provisions of the bill for FY 1998-99.