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March 2, 2023 SB 23-150
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0338
Sen. Roberts; Will
Rep. Froelich; Frizell
Date:
Bill Status:
Fiscal Analyst:
March 2, 2023
Senate Business
Shukria Maktabi | 303-866-4720
shukria.maktabi@coleg.gov
Bill Topic: REQUIRE LABELING DISPOSABLE WIPES
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill requires the packaging of certain disposable wipes to be labeled with the
phrase “Do Not Flush.” Noncompliance constitutes a deceptive trade practice subject
to civil penalties. The bill may increase state revenue and expenditures beginning in
FY 2023-24.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Summary of Legislation
Beginning December 31, 2023, manufacturers and sellers of pre-moistened, nonwoven disposable
wipes must label their packages with the phrase “Do Not Flush.” The bill specifies labeling
requirements and failure to comply constitutes a deceptive trade practice under the Colorado
Consumer Protection Act.
State Revenue
The bill may increase state revenue from civil penalties and filing fees beginning in FY 2023-24.
Civil penalties. Under the Colorado Consumer Protection Act, a person committing a deceptive trade
practice may be subject to a civil penalty of up to $20,000 for each violation. Additional penalties may
be imposed for subsequent violations of a court order or injunction. This revenue is classified as a
damage award and not subject to TABOR. Given the uncertainty about the number of cases that may
be pursued by the Attorney General and district attorneys, as well as the wide range in potential
penalty amounts, the fiscal note cannot estimate the potential impact of these civil penalties.
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March 2, 2023 SB 23-150
Filing fees. The bill may increase revenue to the Judicial Department from an increase in civil case
filings. Revenue from filing fees is subject to TABOR.
State Expenditures
The bill may increase state expenditures by a minimal amount in the Department of Law and the
Judicial Department beginning in FY 2023-24.
Department of Law. Workload in the Department of Law will minimally increase to the extent that
deceptive trade practice complaints are filed. The department will review complaints under the bill
and prioritize investigations as necessary within the overall number of deceptive trade practice
complaints and available resources.
Judicial Department. The trial courts in the Judicial Department may have an increase in cases filed
under the Colorado Consumer Protection Act from the addition of a new deceptive trade practice. It
is assumed that entities will abide by the law and that any violation of the legislation will result in
minimal number of new cases. The fiscal note assumes that this can be accomplished within existing
resources and that no change in appropriations is required.
Local Government
Similar to the state, to the extent district attorneys receive deceptive trade practice complaints related
to the new deceptive trade practice under the bill, workload will increase to investigate complaints
and seek relief when appropriate. The fiscal note assumes most such cases will be handled at the state
level by the Attorney General.
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
Information Technology Judicial Law
Public Health and Environment
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.