Page 1 March 26, 2024 HB 24-1274 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Revised Fiscal Note (replaces fiscal note dated February 22, 2024) Drafting Number: Prime Sponsors: LLS 24-0585 Rep. Snyder Date: Bill Status: Fiscal Analyst: March 26, 2024 House Second Reading Clayton Mayfield | 303-866-5851 clayton.mayfield@coleg.gov Bill Topic: UNIFORM CONSUMER DEBT DEFAULT JUDGMENTS ACT Summary of Fiscal Impact: ☐ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☒ Local Government ☐ Statutory Public Entity The bill enacts the Uniform Consumer Debt Default Judgments Act. Starting in FY 2024-25, the bill increases state expenditures on an ongoing basis. Appropriation Summary: For FY 2024-25, the bill requires an appropriation of $444,717 to the Judicial Department. Fiscal Note Status: This revised fiscal note reflects the introduced bill, which was recommended by the Colorado Commission on Uniform State Laws. State expenditures have been updated to include new information and assumptions about the implementation of the bill. Table 1 State Fiscal Impacts Under HB 24-1274 Budget Year FY 2024-25 Out Year FY 2025-26 Revenue - - Expenditures General Fund $444,717 $439,762 Centrally Appropriated $82,547 $99,056 Total Expenditures $527,264 $538,818 Total FTE 4.0 FTE 4.8 FTE Transfers - - Other Budget Impacts General Fund Reserve $66,708 $65,964 Page 2 March 26, 2024 HB 24-1274 Summary of Legislation The bill enacts the Uniform Consumer Debt Default Judgements Act, which requires that prior to entering a motion for default judgment in certain consumer debt collection cases, complaints must contain certain information and that consumers in the complaint have been given a notice with required information. State Expenditures The bill increases state expenditures in the Judicial Department by about $527,000 in FY 2024-25, and by $539,000 in FY 2025-26 and beyond, paid from the General Fund. Expenditures are shown in Table 2 and detailed below. Table 2 Expenditures Under HB 24-1274 FY 2024-25 FY 2025-26 Judicial Department Personal Services $358,791 $430,550 Operating Expenses $6,010 $7,212 Capital Outlay Costs $79,915 $2,000 Centrally Appropriated Costs 1 $82,547 $99,056 Total Cost $527,263 $538,818 Total FTE 4.0 FTE 4.8 FTE 1 Centrally appropriated costs are not included in the bill's appropriation. Staff. The Judicial Department requires 4.8 FTE to review complaints prior to entering a default judgment to ensure they contain information required by the bill, as described below. Staff are prorated for a September 1, 2024 start date. Magistrates. Under current law, complaints are only required to contain basic information and are not required to follow a standard format. Based on the bill’s changes to the complaint and judgment process, judicial officers will spend about 2 additional minutes per case reviewing complaints before issuing a default judgement. Given an estimated 37,000 cases annually that will be impacted by the bill, 0.6 FTE magistrate is required. Per Judicial Department policy, a county court magistrate requires support staff at a 1:2 ratio, resulting in the need for 1.2 FTE support staff. In addition to standard operating and capital outlay costs, the fiscal note includes additional costs pursuant to Judicial Department common policies costs for these staff. Court clerks. In addition to the time spent by the courts to review complaints, clerk staff will spend about 10 additional minutes per case reviewing complaints, resulting in the need for an additional 3.0 FTE. Page 3 March 26, 2024 HB 24-1274 Local Government Similar to the state, the bill increases workload in Denver County Court, which is locally funded, to ensure motions and court procedures comply with the provisions of the bill. Effective Date The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no referendum petition is filed. State Appropriations For FY 2024-25, the bill requires a General Fund appropriation of $444,717 to the Judicial Department, and 4.0 FTE. State and Local Government Contacts Judicial Law Legislative Legal Services Regulatory Agencies 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 the General Assembly website.