Colorado Legislative Council Staff

STATE and LOCAL

FISCAL IMPACT

Drafting Number:

Prime Sponsor(s):

LLS 99-0590

Rep. Decker

Sen. Perlmutter

Date:

Bill Status:

Fiscal Analyst:

February 5, 1999

House SVMA

Scott Nachtrieb (303-866-4752)

 

TITLE:            CONCERNING PROHIBITIONS ON THE SALE OF TOBACCO IN COLORADO THAT VIOLATES FEDERAL LAWS.



Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

General Fund

Minimal

misdemeanor fines

Minimal

misdemeanor fines

State Expenditures

General Fund

 

 

FTE Position Change

0.0 FTE

0.0 FTE

Other State Impact: TABOR

Effective Date: Upon the Governor's signature

Appropriation Summary for FY 1999-2000:None

Local Government Impact: County jail impact from misdemeanor penalty



Summary of Legislation


            The bill would make it a class 1 misdemeanor to import any tobacco which violates federal labeling requirements. Tobacco products could not be sold if:

 

               the product did not comply with federal tax, copyright, trademark, or labeling laws;

               the package was marked for use outside of the United States; and

               the package was altered to conceal that the product was for sale outside the United States.

 


State Revenues


            The bill would impose a class 1 misdemeanor for violating the provisions of this bill. The sentencing range for a conviction on a class 1 misdemeanor is between six months in county jail and a $500 fine up to 18 months in county jail and a $5,000 fine. Judges have the discretion of imposing any fine or jail sentence within the sentencing range or suspending the sentence. What fine a judge may impose is not known, nor is the number of convictions that may occur, but the fines imposed and collected would be deposited into the General Fund. However, the estimated number of convictions are expected to be minimal.



State Appropriations


            This fiscal note implies that no additional appropriation would be required to implement this bill.



Local Government Impact


            Convictions of a class 1 misdemeanor may result in the imposition of a fine, jail sentence in the county jail, or both depending upon the judges' discretion. The number of convictions and sentences to county jails is estimated to be minimal.



Departments Contacted


            Revenue