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February 14, 2023 SB 23-168
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0119
Sen. Jaquez Lewis; Kolker
Rep. Mabrey; Parenti
Date:
Bill Status:
Fiscal Analyst:
February 24, 2023
Senate State Affairs
Clayton Mayfield | 303-866-5851
clayton.mayfield@coleg.gov
Bill Topic: GUN VIOLENCE VICTIMS' ACCESS TO JUDICIAL SYSTEM
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill allows a person or entity to bring suit for damages against firearm industry
members. Starting in FY 2023-24, the bill may minimally increase state and local
expenditures and revenue on an ongoing basis.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Summary of Legislation
The bill repeals the limitations on claims that can be brought against firearm manufacturers. It allows
a person or entity to bring claims for damages against firearm industry members who violate
standards of responsible conduct specified in the bill and provides that a firearm industry member
must comply with the Colorado Consumer Protection Act, the Unfair Practices Act, and the Colorado
Antitrust Act of 1992.
State Revenue and Expenditures
To the extent that civil cases are filed, the bill may increase state expenditures for the Judicial
Department and the Department of Law as described below. Any corresponding increase in fine and
fee revenue is expected to be minimal.
Judicial Department. The bill has the potential to impact revenue and workload in the trial courts.
However, it is assumed that most firearm industry members will comply with the provisions of the
bill and any revenue and workload increase will be minimal. State revenue from civil filing fees are
subject to TABOR.
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February 14, 2023 SB 23-168
Department of Law. The bill gives the Attorney General the discretion to initiate actions under
consumer protection and anti-trust laws, which the fiscal note assumes will be accomplished within
available department resources. State revenue from penalties in these actions is typically classified as
a damage award and not subject to TABOR. To the extent the bill results in any legal challenges, the
department will seek resources through the annual budget process.
Local Government
Similar to the state, to the extent civil cases are filed, Denver County Court may experience an increase
in workload and revenue. Any workload for district attorneys is anticipated to be minimal, as
consumer protection cases are typically handled at the state level by the Attorney General.
Effective Date
The bill takes effect October 1, 2023.
State and Local Government Contacts
Counties Judicial Law Municipalities
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.