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March 13, 2023 SB 23-190
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0540
Sen. Winter F.; Marchman
Rep. McCormick; Epps
Date:
Bill Status:
Fiscal Analyst:
March 13, 2023
Senate Judiciary
Kristine McLaughlin | 303-866-4776
kristine.mclaughlin@coleg.gov
Bill Topic: DECEPTIVE TRADE PRACTICE PREGNANCY -RELATED SERVICE
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill makes it a deceptive trade practice to advertise abortions or emergency
contraceptives that are not provided and makes it unprofessional conduct for regulated
health care professionals to provide medication abortion reversal. The bill increases
state and local revenue and workload 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 makes it a deceptive trade practice to directly or indirectly advertise abortions, emergency
contraceptives, or referrals for these services when the person does not provide these services. The
bill also makes it unprofessional conduct for a regulated health care professional to provide, prescribe,
administer or attempt medication abortion reversal.
State Revenue
The bill increases state revenue from fees and penalties by a minimal amount, as discussed below.
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 13, 2023 SB 23-190
Filing fees. To the extent that the bill results in more civil filings with the trial courts, fee revenue to
the Judicial Department may increase by a minimal amount. Revenue from filing fees is subject to
TABOR.
State Expenditures
The bill increases workload for the Department of Regulatory Agencies, the Department of Law, and
Judicial Department, as discussed below.
Department of Regulatory Agencies. The bill may result in additional complaints or disciplinary
procedures for state regulatory boards and the Division of Professions and Occupations. Given that
regulated professional are assumed to have a high level of compliance, any increase in workload is
anticipated to be minimal and can be accomplished within existing appropriations.
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 bill will increase workload for the trial courts in the Judicial Department
to handle any challenges to agency disciplinary decisions and any cases filed under the Colorado
Consumer Protection Act from the addition of a new deceptive trade practice. It is assumed that
people will abide by the law and that any violation of the legislation will result in minimal number of
new cases; no change in appropriations is required.
Local Government
Similar to the state, to the extent district attorneys receive complaints related to the new deceptive
trade practice under the bill, workload will increase to investigate complaints and seek relief when
appropriate. It is assumed most such cases will be handled at the state level by the Attorney General.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State and Local Government Contacts
District Attorneys Information Technology Judicial
Regulatory Agencies Public Health and Environment Law
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.