Colorado Legislative Council Staff
STATE and LOCAL
CONDITIONAL FISCAL NOTE
TABOR Refund Impact
State General Fund Revenue and Expenditure Impact
Local Government Revenue and Expenditure Impact
Drafting Number: Prime Sponsor(s): |
LLS 98-837 Sen. Ament Rep. Johnson |
Date: Bill Status: Fiscal Analyst: |
April 15, 1998 Senate Agriculture Steve Tammeus (866-2756) |
TITLE: CONCERNING THE STANDING OF POLITICAL SUBDIVISIONS WITH RESPECT TO FEDERAL LAW AND ACTIONS OR APPLICATIONS OF COLORADO CONSTITUTIONAL PROVISIONS TO EXISTING CONTRACTS.
Summary of Legislation
STATE FISCAL IMPACT SUMMARY |
FY 1998/99 |
FY 1999/2000 |
State Revenues General Fund Other Fund |
Potential for court awarded recovery of costs and damages |
|
State Expenditures General Fund Other Fund |
Potential litigation expenditures |
|
FTE Position Change |
None |
None |
Local Government Impact — May affect local government revenue or expenditures, subject to the outcome of any new litigation the local government may enter. |
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This bill establishes that political subdivisions of the state have a legally protectable interest in, and standing to assert or defend to the same extent as private citizens, their property and contract rights in proceedings concerning the application of constitutional provisions to federal law or actions of the federal government, or state constitutional provisions to existing contracts. The bill would become effective upon the signature of the Governor.
This bill may affect state, or local government, revenue and expenditures if the state or local government were to enter into litigation as allowed by the provisions of this bill. Therefore, the bill is assessed as having a conditional fiscal impact.
State Expenditures
The provisions of this bill may affect state revenue or expenditures subject to the outcome of any new litigation the state may enter.
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.
Local Government Impact
The provisions of this bill may affect local government revenue or expenditures, subject to the outcome of any new litigation the local government may enter.
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