Fiscal Impact Summary	FY 1999/2000	FY 2000/2001
State Revenues General Fund Cash Fund	Potential Minimal Fine Revenue Increase
State Expenditures General Fund
FTE Position Change	0.0 FTE	0.0 FTE
Other State Impact: TABOR
Effective Date: Upon signature of the Governor.
Appropriation Summary for FY 1999-2000: None.
Local Government Impact: Local government law enforcement agencies will be required to enforce the provisions of this bill. This fiscal note assumes the impact to local agencies will be minimal.

This bill revises statutes governing the unlawful ownership of a dangerous dog. Under current law, any owner who violates the law commits a class 3 misdemeanor, while any owner involved in a second or subsequent violation commits a class 2 misdemeanor. This bill prescribes that the minimum fine for committing a class 2 misdemeanor shall be mandatory. The bill also revises provisions regarding restitution for injured or destroyed domestic animals, and destroyed property.

The bill requires a court to order any person convicted of violating the law to perform certain activities including: confining and identifying the dog; warning the public; attending education classes; obtaining liability insurance; and performing community service. Failure to comply with these stipulations shall be punishable as contempt of court or as a class 3 misdemeanor.

The court order requires the owner to report any changes in the dog's situation to the Bureau of Animal Protection in the Department of Agriculture. The owner must obtain approval from the bureau prior to transferring ownership of a dangerous dog. The owner must report the method of identification to the bureau and local animal control agencies. The bill revises certain provisions regarding annual rabies inoculations.

All fines collected are to be deposited in the Animal Protection Fund for appropriation to the Department of Agriculture. The bill establishes an annual cap of $2,500 that may be appropriated from the Animal Protection Fund to the department for allocation to the bureau.

Per Section 18-1-106, C.R.S., the penalty for a class 2 misdemeanor is three to 12 months imprisonment or a fine of $250 to $1,000, or both. Confinement is to be served in a county jail and the fines are to be deposited in the state Animal Protection Fund. This bill prescribes the minimum fine as mandatory. Sufficient misdemeanor data is not available from the Judicial Branch at this time to determine the number of violations that may occur. This fiscal note assumes the amount of annual fine revenue will be minimal.

This bill does not increase workload of the Bureau of Animal Protection above or beyond the level of effort required under current law. However, the bill establishes an annual cap of $2,500 that may be appropriated from the Animal Protection Fund to the Bureau of Animal Protection to administer the program. As of December 15, 1998, the Animal Protection Fund balance was $235. In the event annual program expenditures exceed fine revenue, this fiscal note assumes the Department of Agriculture may request supplemental funds from the state General Fund.

Local government law enforcement agencies will be required to enforce the provisions of this bill. Per Section 18-1-106, C.R.S., the penalty for a class 2 misdemeanor is three to 12 months imprisonment or a fine of $250 to $1,000, or both. Confinement, if any, is to be served in a county jail. According to a 1993 State Auditor’s report, the average daily cost to house an offender in a county jail is $54.

Because the courts have the discretion of incarceration or imposing a fine, the impact at the local level cannot be determined. Sufficient misdemeanor data is not available from the Judicial Branch at this time to determine the number of violations that may occur. This fiscal note assumes the impact to local government agencies will be minimal.

This bill will require no new state appropriations for FY 1999-2000. However, the bill establishes a cap of $2,500 that may be appropriated from the Animal Protection Fund to the Department of Agriculture.