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May 31, 2023 HB 23-1206
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Final Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0436
Rep. Marshall
Sen. Hinrichsen
Date:
Bill Status:
Fiscal Analyst:
May 31, 2023
Postponed Indefinitely
Shukria Maktabi | 303-866-4720
shukria.maktabi@coleg.gov
Bill Topic: COUNTY SHERIFFS & DISTRICT ATTORNEYS
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill would have limited the political activities of employees of county sheriff offices.
It would have minimally increased state workload, and may have increased state
revenue and local government workload beginning in FY 2023-24.
Appropriation
Summary:
No appropriation was required.
Fiscal Note
Status:
The fiscal note reflects the reengrossed bill. This bill was postponed indefinitely by the
Senate State, Veterans, and Military Affairs Committee on April 20, 2023; therefore,
the impacts identified in this analysis do not take effect.
Summary of Legislation
The bill limits the political activities of employees in county sheriff offices, including the county
sheriff, when in uniform or using public property. The specific political activities that are prohibited
are outlined in the bill and violators are subject to a civil penalty of up to $1,000 and may be dismissed
from service. An individual may file an affidavit with the district attorney to report a violation and
the district attorney will investigate and prosecute the violation. The Attorney General may also file
and prosecute complaints under the bill.
State Revenue
State revenue may increase from fines, which are subject to TABOR, when employees in county sheriff
offices fail to comply with the bill’s restrictions on political activity. The fiscal note assumes that
employees will generally follow the law, and any fine revenue will be minimal.
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May 31, 2023 HB 23-1206
State Expenditures
The bill increases workload for the Attorney General to pursue complaints under the bill. It is
assumed that the Department of Law will prioritize this work within existing resources. The bill also
increases workload for the trial courts, as it is assumed that these cases would be handled through a
civil action filed in court. The fiscal note assumes these impacts will be minimal as employees will
generally follow the law.
Local Government
Beginning in FY 2024-25, workload may increase for county sheriff offices to notify staff of changes in
policies and enforce regulations. This workload is expected to be minimal.
District attorneys will have additional workload and costs to receive complaints, investigate, and
prosecute violations under the bill. This will increase workload, and potentially costs should district
attorneys need to hire investigators or to train or contract with attorneys to handle prosecutions.
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
County Clerks District Attorneys Judicial
Law Personnel Secretary of State
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.