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May 19, 2022 HB 22-1033
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Final Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0554
Rep. Hanks
Date:
Bill Status:
Fiscal Analyst:
May 19, 2022
Postponed Indefinitely
Matt Bishop | 303-866-4796
Matt.Bishop@state.co.us
Bill Topic: CONSTITUTIONAL CARRY OF A HANDGUN
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☒ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill would have granted the authority and limitations of a concealed carry permit
to any person over 21 years old who is permitted to carry a handgun. It would have
decreased state revenue and expenditures, and decreased local revenue and
impacted local expenditures on an ongoing basis beginning in FY 2022-23.
Appropriation
Summary:
For FY 2022-23, the bill would have required a reduction in appropriations of $603,900
to the Department of Public Safety.
Fiscal Note
Status:
The fiscal note reflects the introduced bill. This bill was not enacted into law; therefore,
the impacts identified in this analysis do not take effect.
Table 1
State Fiscal Impacts Under HB 22-1033
Budget Year
FY 2022-23
Out Year
FY 2023-24
Revenue Cash Funds ($603,900) ($678,250)
Expenditures Cash Funds ($603,900) ($678,250)
FTE Total (5.6 FTE) (6.3 FTE)
Transfers - -
Other Budget Impacts TABOR Refund
1
($558,900) ($627,625)
1
Revenue passed through to the Federal Bureau of Investigation is not subject to the state’s TABOR limit.
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May 19, 2022 HB 22-1033
Summary of Legislation
The bill grants to any person, who is permitted to possess a handgun and is at least 21 years old, the
authority to carry a concealed handgun without a permit, subject to the same limitations in current
law. In addition, the bill makes the following changes to permits for carrying a concealed handgun:
it extends the duration of existing permits from five years to the life of the permit holder;
it eliminates temporary emergency permits and permit renewals; and
it repeals the authority of local governments and state institutions of higher education to regulate
the carrying of a concealed handgun.
A person may still obtain a permit to carry a concealed handgun for the purpose of carrying a
concealed handgun in another state that recognizes permits issued in Colorado.
Comparable Crime Analysis
Legislative Council Staff is required to include certain information in the fiscal note for any bill that
creates a new crime, changes the classification of an existing crime, or creates a new factual basis for
an existing crime. The following sections outline data on crimes that are comparable to the offense in
this bill and discuss assumptions on future rates of criminal convictions resulting from the bill.
Prior conviction data. This bill creates a new factual basis for the existing offense of unlawfully
carrying a concealed weapon by repealing the requirement to carry a permit for a concealed handgun,
a class 1 misdemeanor. From FY 2018-19 to FY 2020-21, 645 individuals have been convicted and
sentenced for this offense. Of the persons convicted, 576 were male, 68 were female, and 1 did not
have a gender identified. Demographically, 491 were White, 114 were Black/African American,
31 were Hispanic, 4 were Asian, 1 was American Indian, and 4 were classified as "Other." Because it
is unknown how many of these individuals were permitted to possess a handgun, and because most
individuals charged with this crime face additional charges, the fiscal note assumes that the bill will
result in a minimal decrease in criminal cases.
Criminal justice impacts. Because the bill is not expected to have a tangible impact on criminal
justice-related expenditures or revenue at the state or local levels, these potential impacts are not
discussed further in this fiscal note. Visit leg.colorado.gov/fiscalnotes for more information about
criminal justice costs in fiscal notes.
Background and Assumptions
The Colorado Bureau of Investigation (CBI) in DPS conducts background checks for firearms
purchases and permit applications. In calendar year 2021, the CBI processed 79,309 concealed carry
permits, of which 33,670 were renewals. New applicants pay the state a fee of $52.50, which includes
a background check and fingerprint checks, and renewal applicants pay of $13.00 for a background
check only. Because the bill eliminates permit renewals by making permits valid for the life of the
permit holder, the fiscal note assumes that permits renewals will cease beginning in FY 2022-23.
Although concealed carry permits are no longer required under the bill, the fiscal note assumes that
most individuals who would have applied for a permit will continue to do so in order to obtain Page 3
May 19, 2022 HB 22-1033
concealed carry privileges in states that honor Colorado permits. Colorado has established concealed
carry reciprocity with 33 other states, including each state that it abuts. To estimate the bill’s fiscal
impact, the fiscal note assumes that new permit applications will decrease by 10 percent starting on
the bill’s effective date in FY 2022-23.
State Revenue
The bill decreases state revenue to the Department of Public Safety (DPS) by $603,900 in FY 2022-23
and $678,250 in FY 2023-24 and ongoing. Table 2 indicates the revenue reduction based on the
estimated decrease in permit applications.
Table 2
Fee Impact on Concealed Carry Permit Applications
Fiscal Year
Type of
Fee
Proposed
Fee
Number
Affected
Total Fee
Impact
FY 2022-23
New Permit Application $52.50 4,000 ($210,000)
Permit Renewal $13.00 30,300 ($393,900)
FY 2022-23 Total ($603,900)
FY 2023-24
New Permit Application $52.50 4,500 ($236,250)
Permit Renewal $13.00 34,000 ($442,000)
FY 2023-24 Total ($678,250)
Of the $52.50 new permit application fee, $28.25 goes to the CBI Identification Unit Fund and $11.25 is
passed through to the Federal Bureau of Investigation (FBI). Revenue passed through to the FBI is not
subject to the state’s TABOR limit. For new permit applications and renewals, $13.00 goes to the
Instant Criminal Background Check Cash Fund. Table 3 indicates the changes in cash fund revenue
to these funds.
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May 19, 2022 HB 22-1033
Table 3
Changes in Cash Fund Revenue Under HB 22-1033
Fiscal Year Cash Fund
Fee per
Application
Number
Affected
Total Revenue
Impact
FY 2022-23
Instant Criminal Background
Check Cash Fund $13.00 34,300 ($445,900)
CBI Identification Unit Fund $28.25 4,000 ($113,000)
FBI Pass-through $11.25 4,000 ($45,000)
FY 2022-23 Total ($603,900)
FY 2023-24
Instant Criminal Background
Check Cash Fund $13.00 38,500 ($500,500)
CBI Identification Unit Fund $28.25 4,500 ($127,125)
FBI Pass-through $11.25 4,500 ($50,625)
FY 2023-24 Total ($678,250)
State Expenditures
The bill decreases state expenditures in DPS by $603,900 in FY 2022-23 and $678,250 in FY 2023-24
from the various cash funds. The bill may also increase expenditures for institutions of higher
education in FY 2022-23.
Department of Public Safety. Cash fund expenditures are expected to decrease by the same amounts
as identified in the State Revenue section above. Expenditures include fingerprint background costs
and the fee to access federal databases. In addition, CBI will require fewer staff to conduct fingerprint
checks and run background checks. Based on existing appropriations, staff requirements for the CBI
will decrease by 5.6 FTE in FY 2022-23 and 6.3 FTE in FY 23-24.
State Institutions of Higher Education. Expenditures may increase at state colleges and universities
to review and revise campus policies, as necessary.
Other Budget Impacts
TABOR refunds. The bill is expected to decrease the amount of state revenue required to be refunded
to taxpayers by $558,900 in FY 2022-23 and $627,625 in FY 2023-24 the amounts shown in the State
Revenue section above. This estimate assumes the December 2021 LCS revenue forecast. A forecast
of state revenue subject to TABOR is not available beyond FY 2023-24. Because TABOR refunds are
paid from the General Fund, decreased cash fund revenue will increase the amount of General Fund
available to spend or save.
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May 19, 2022 HB 22-1033
Local Government
The bill reduces fee revenue and workload for county sheriffs. Currently, an individual pays a fee of
no more than $100 to county sheriffs to apply for a new concealed carry permit and pays no more than
$50 to renew a concealed carry permit. Revenue from the fee is used to cover any administrative and
training costs associated with granting the permit. Assuming that new applicants and renewals will
decrease as a result of this bill, revenue and workload will decrease for sheriff departments. The
amount of the reduction will vary by county depending on the decline in applications and the exact
fees charged by county sheriffs. In addition, expenditures may increase in local governments to
review and revise regulations in accordance with the bill.
Effective Date
This bill was postponed indefinitely by the House Public and Behavioral Health and Human Services
Committee on February 8, 2022.
State Appropriations
For FY 2022-23, the bill requires a reduction in appropriations to the Department of Public Safety by
$603,900 to the Instant Criminal Background Check Cash Fund and the CBI Identification Unit Fund,
and a reduction of 5.6 FTE.
State and Local Government Contacts
Counties Higher Education Judicial
Municipalities Public Safety Sheriffs
Special Districts
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.