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April 11, 2022 SB 22-157
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated March 22, 2022)
Drafting Number:
Prime Sponsors:
LLS 22-0038
Sen. Holbert; Fenberg
Rep. Hooton; Van Winkle
Date:
Bill Status:
Fiscal Analyst:
April 11, 2022
House Business
Annie Scott | 303-866-5851
Annie.Scott@state.co.us
Bill Topic: INFO SHARING FOR CONSUMER PROTECTION INVESTIGATION
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☒ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
This bill amends the Colorado Consumer Protection Act to allow record sharing to
enforce consumer protection and unfair trade laws. The bill increases state and local
workload, and potentially increases revenue and expenditures, on an ongoing basis
beginning in FY 2022-23.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The revised fiscal note reflects the reengrossed bill.
Summary of Legislation
The bill allows the Attorney General to enter into interagency agreements with state licensing
authorities for referrals of complaints, information sharing, confidentiality requirements, and other
terms to facilitate the investigation and enforcement of Colorado consumer protection laws. In
addition, district attorneys are permitted to request records about a regulated individual from the
applicable state or local licensing authority after receiving a complaint that the individual has violated
the Colorado Consumer Protection Act, if the complaint asserts that:
the complainant suffered damages of at least $20,000 and the district attorney determines the
amount appears to be reasonable; or
two or more individuals regulated by the licensing authority jointly engaged in conduct that led
to the complaint.
The complainant may be required to pay costs and attorney fees incurred by the regulated person,
and actual damages sustained in relation to an investigation by the district attorney, attorney general
or the licensing authority if a court determines that the complaint is groundless or if the regulated
individual prevails in the matter.
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April 11, 2022 SB 22-157
The licensing authority must provide access to the requested records if the licensing authority has
determined that it will not take action against a regulated individual. Copies of the records that a
licensing authority sends to a district attorney, or to the Attorney General or their designee, are not
subject to the Colorado Open Records Act.
State Expenditures
Beginning in FY 2022-23, the bill may increase state workload and expenditures for state licensing
authorities in state executive agencies and in the Judicial Department.
State licensing authorities. The bill may increase workload for state licensing authorities to
coordinate and provide records about regulated individuals to district attorneys or the Attorney
General. This fiscal note assumes that the increase in workload associated with record sharing will be
minimal and can be accomplished within existing resources. Costs for state licensing authorities may
also increase to the extent that the need for legal services or representation from the Department of
Law increase. If additional resources are required to accommodate these costs, it will be addressed
through the annual budget process.
Judicial Department. Improved access to records about regulated professional may potentially
increase the number of civil and criminal cases heard by the courts relating to consumer protection
and unfair trade practices. These additional cases may increase workload and costs in various parts
of the Judicial Department, including the trial courts, Division of Probation, and agencies that provide
representation to indigent persons. If additional resources are required to accommodate these costs,
it will be addressed through the annual budget process.
Local Government
Beginning in FY 2022-23, the bill may increase workload for local licensing authorities and district
attorney offices regarding record requests about regulated individuals. To the extent that the ability
to request records increases the number of complaints investigated by district attorneys, workload
will increase. Generally, it is assumed that most consumer protection cases will be investigated by the
Attorney General for civil violations, and by local law enforcement for criminal matters. District
attorneys are funded by the counties within each judicial district.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no
referendum petition is filed.
State and Local Government Contacts
Counties District Attorney Education
Governor Information Technology Judicial
Law Public Health and Environment Public Safety
Regulatory Agencies Revenue
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.