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April 10, 2023 HB 23-1100
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated January 27, 2023)
Drafting Number:
Prime Sponsors:
LLS 23-0146
Rep. Ricks; Garcia
Sen. Jaquez Lewis; Gonzales
Date:
Bill Status:
Fiscal Analyst:
April 10, 2023
Senate Judiciary
Aaron Carpenter | 303-866-4918
aaron.carpenter@coleg.gov
Bill Topic: RESTRICT GOVERNMENT INVOLVEMENT IN IMMIGRATION DETENTION
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill restricts the ability of the state and local governments to enter into certain
agreements involving immigration detention facilities. Starting in FY 2023-24, the bill
may minimally impact state expenditures and local revenue and expenditures.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
This revised fiscal note reflects the reengrossed bill.
Summary of Legislation
Beginning January 1, 2024, the bill prohibits state and local governments from:
entering into an agreement to detain individuals in an immigration detention facility operated by
a private entity;
selling property for the purpose of establishing an immigration detention facility operated by a
private entity;
paying a private entity for the operation of an immigration facility;
receiving payment related to the detention of individuals in an immigration detention facility
from a private entity; or
giving financial incentive or benefit to a private entity or person that operates an immigration
detention facility.
Beginning January 1, 2024, the bill prohibits state and local governments from entering into or
renewing an immigration detention agreement. Any entity that currently has an agreement must
terminate the agreement as soon as possible within the terms of the agreement..
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April 10, 2023 HB 23-1100
State Expenditures
Starting in FY 2023-24, costs and workload in the Department of Law may increase to provide legal
counsel to any state agencies that had contracted with a private entity for immigration detention or
had an immigration agreement, or if any agency needs to consult about allowable types of agreements
in the future. As of this writing, no state agencies were identified that had an agreement that would
be affected by the bill; therefore, no change in appropriations is required.
Local Government
To the extent a local government has entered into an immigration detention agreement, local revenue
and expenditures will decrease as the local government will not receive reimbursement for holding
an individual and will not have costs to hold them. In addition, if any local government needs to
cancel an agreement or contract, legal costs may be incurred. The fiscal note assumes that most local
government are already in compliance with the bill and therefore any impacts will be minimal.
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
Corrections Counties Human Services
Judicial Law Municipalities
Public Safety Sheriffs
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.