Page 1 February 3, 2023 SB 23-090 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Fiscal Note Drafting Number: Prime Sponsors: LLS 23-0564 Sen. Gardner Rep. Snyder Date: Bill Status: Fiscal Analyst: February 3, 2023 Senate Judiciary Clayton Mayfield | 303-866-5851 clayton.mayfield@coleg.gov Bill Topic: UNIFORM COMMERCIAL CODE 2022 AMENDMENTS Summary of Fiscal Impact: ☒ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☐ Local Government ☐ Statutory Public Entity The bill enacts changes to the Colorado’s Uniform Commercial Code. It may minimally impact state revenue and workload on an ongoing basis. Appropriation Summary: No appropriation is required. Fiscal Note Status: The fiscal note reflects the introduced bill, as recommended by the Colorado Commission on Uniform State laws. Summary of Legislation The bill enacts amendments to the “Uniform Commercial Code,” as recommended by the Colorado Commission on Uniform State Laws. The bill updates definitions and adds new language concerning emerging technologies and transaction types, such as non-fungible tokens (NFTs) and digital currencies. Background Colorado Commission on Uniform State Laws. The Colorado Commission on Uniform State Law is charged with working with the national Uniform Law Commission (ULC) to promote uniformity in state laws where uniformity may be deemed desirable and practicable. This is achieved by developing proposed uniform legislation through the ULC that can be adopted by state legislatures. Colorado's commissioners are required to be attorneys admitted to practice law in Colorado. Members include six attorneys appointed by joint resolution of the General Assembly; any Colorado citizen who is elected as a life member of the ULC (after twenty years of membership); and the Director of the Office of Legislative Legal Services, or the Director's designee. The Office of Legislative Legal Services provides assistance to the legislative members of the Colorado Commission. Page 2 February 3, 2023 SB 23-090 State Revenue and Expenditures To the extent that changes to definitions and processes under the UCC result in additional civil cases being filed by parties to a transaction governed by the code, workload in the trial courts and revenue from filing fees in the Judicial Department will increase. Filing fees are subject to TABOR. Overall, any impacts to state revenue and expenditures are assumed to be minimal and no change in appropriations is required. 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 Judicial Law Regulatory Agencies Secretary of State 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.