Colorado Legislative Council Staff



Drafting Number:

Prime Sponsor(s):

LLS 99-0254

Rep. Chavez


Bill Status:

Fiscal Analyst:

December 15, 1998

House Judiciary

Susan Colling (303-866-4784)



Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

General Fund

Possible Fine RevenueMinimal Fine Revenue

Possible Fine RevenueMinimal Fine Revenue

State Expenditures

General Fund



FTE Position Change

0.0 FTE

0.0 FTE

Other State Impact: TABOR

Effective Date: September 1, 1999

Appropriation Summary for FY 1999-2000: None.

Local Government Impact: Impact from the enforcement of the act and the creation of more stringent ordinances (See Local Government Section).

Summary of Legislation

            The bill creates a class 2 petty offense, punishable by a $200 fine, for displaying or storing certain graffiti material in a way that would allow the public access to such products without the physical assistance of an employee of the business. Graffiti material is defined in the bill and includes broad-tipped marker pens, paint pens, spray paint, spray paint nozzles, glass cutting tools or glass etching tools or instruments. The bill allows any county, city and county, or statutory or home-rule municipality to enact an ordinance that imposes more stringent requirements or penalties.

State Revenues

            The bill would have a fiscal impact on state revenues. The bill establishes a class 2 petty offense with a penalty of a $200 fine. Fines collected as a result of this bill would be deposited in the State General Fund. Sufficient data from the Judicial Branch is unavailable to determine the number of violations that may occur. TIt is estimated that his fiscal note assumes a minimal number of cases would generate a small amount of fine revenue.

Local Government Impact

            There would be some impact on the local units of government law enforcement agencies, as they would be impacted from the passage of the bill as they would be responsible for the enforcement of it's provisions this bill. Additionally, a county, city and county, or statutory or home-rule municipality may be impacted if they chose to establish ordinances that were more stringent than those provided for in the bill.

            The penalty for a class 2 petty offense is a $200 fine and falls under the provisions of the penalty assessment procedure of Section 16-2-201 . This section specifies that the arresting officer may either give the person a penalty assessment notice or take the person before a judge of the county court in which the offense occurred. This fiscal note assumes the impact to the local government agencies will be minimal.

State Appropriations

            The fiscal note implies that no additional spending authority or new state appropriations would be required in for FY1999-2000 to implement the provisions of the bill to implement the provisions of the bill.


Departments Contacted

            Judicial           Local Affairs