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February 11, 2022 SB 22-115
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0234
Sen. Jaquez Lewis; Gardner
Rep. Soper; Tipper
Date:
Bill Status:
Fiscal Analyst:
February 11, 2022
Senate Judiciary
Matt Bishop | 303-866-4796
Matt.Bishop@state.co.us
Bill Topic: CLARIFYING TERMS RELATED TO LANDOWNER LIABILITY
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☒ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill clarifies landowners’ liability in cases concerning third-party criminal conduct.
It minimally decreases state revenue and expenditures beginning in FY 2022-23.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Summary of Legislation
The bill clarifies terms related to landowner liability and declares that the Colorado Court of Appeals
and Supreme Court decisions in Rocky Mountain Planned Parenthood, Inc. v. Wagner should not be relied
upon concerning:
whether third-party criminal activity can be anticipated based on how controversial the
landowner’s goods or services are; and
that a landowner could be liable for harm predominantly caused by third-party criminal activity.
State Revenue and Expenditures
The bill narrows the circumstances in which landlords may be civilly liable for damages caused by
third-party criminal conduct, which may result in a minimal decrease in civil case filings against
landowners. Under the bill, criminal fines and court fees, which are subject to TABOR, may decrease
by a minimal amount. Similarly, any decrease in workload and costs for the Judicial Department are
assumed to be minimal and no change in appropriations is required.
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February 11, 2022 SB 22-115
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature, and
applies to actions pending on or after this date.
State and Local Government Contacts
Judicial
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.