Page 1 May 24, 2023 SB 23-168 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Final Fiscal Note Drafting Number: Prime Sponsors: LLS 23-0119 Sen. Jaquez Lewis; Kolker Rep. Mabrey; Parenti Date: Bill Status: Fiscal Analyst: May 24, 2023 Signed into Law 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 enacted bill. Summary of Legislation The bill repeals the limitations on claims that can be brought against firearm industry members. It allows a person or entity to bring claims for damages against firearm industry members who violate the Colorado Consumer Protection Act or state firearm laws. Additional procedures for civil actions under the bill are specified. 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. Page 2 May 24, 2023 SB 23-168 Department of Law. The bill gives the Attorney General the discretion to initiate actions under consumer protection 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 This bill was signed into law by the Governor on April 28, 2023, and 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.