Colorado Legislative Council Staff



(Replaces fiscal impact dated December 9, 1998)

Drafting Number:

Prime Sponsor(s):

LLS 99-0285

Rep. Decker

Sen. Evans


Bill Status:

Fiscal Analyst:

February 24, 1999

Senate Appropriations

Kirk Mlinek (303-866-4784)



Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

General Fund

Minimal Fine Revenue

Minimal Fine Revenue

State Expenditures

General Fund



FTE Position Change

0.0 FTE

0.0 FTE

Other State Impact: TABOR

Effective Date: July 1, 1999

Appropriation Summary for FY 1999-2000: None.

Local Government Impact: Possible impact on county jails (See Local Impact Section).

Summary of Legislation

            The bill creates a class 1 misdemeanor for the possession of ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, isomers, or salts of isomers with the intent to use the product as a precursor to any controlled substance. The Senate Judiciary Committee amended subsection 1 to clarify that the intent of the new section is to make it illegal to possess the aforementioned drugs “with the intent to use the product as a precursor to any controlled substance.” This change does not affect the fiscal impact of the bill.

State Revenues

            Since the bill creates a new class 1 misdemeanor, there will be an impact on the State General Fund from the amount of fine revenue collected. A class 1 misdemeanor carries a penalty of a $500 to $5,000 fine that is deposited into the State General Fund, and/or a possible jail sentence between six and 12 months to be served in the county jail. It is at the discretion of the court whether to impose a fine, a jail sentence, or both, therefore the amount of fine revenue cannot be determined. Additionally, sufficient data are not available from the Judicial Branch at this time to determine the number of violations that may occur.

Local Government Impact

            The bill could may have an possibleimpact on the county jails from persons convicted of this class 1 misdemeanor. The court may sentence a person to the county jail for between six and 12 months for a class 1 misdemeanor. Additionally, t The court may also impose a fine in addition to or in lieu of a jail sentence, and since it is at the discretion of the court to determine the proper sentence, the impact on the county jails cannot be estimated. This fiscal note assumes the impact to local government agencies will be minimal.

State Appropriations

            The fiscal note implies that no appropriation or spending authority is required to implement the provisions of the bill.

Departments Contacted


            Judicial           District Attorneys Council