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March 1, 2024 HB 24-1286
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-0554
Rep. Joseph; Lindsay
Sen. Roberts
Date:
Bill Status:
Fiscal Analyst:
March 1, 2024
House Judiciary
John Armstrong | 303-866-6289
john.armstrong@coleg.gov
Bill Topic: EQUAL JUSTICE FUND AUTHORITY
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☒ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill creates a new docket fee to assist indigent defendants with court fees. The bill
increases state revenue and expenditures beginning in FY 2024-25.
Appropriation
Summary:
No appropriation is required. The Equal Justice Fund is continuously appropriated to
the Equal Justice Fund Authority.
Fiscal Note
Status:
This fiscal note is provided pursuant to Joint Rule 22 (b)(2) and reflects strike-below
Amendment L.001.
Table 1
State Fiscal Impacts Under HB 24-1286
Budget Year
FY 2024-25
Out Year
FY 2025-26
Revenue Equal Justice Fund $1,077,220 $2,154,420
Expenditures Equal Justice Fund up to $1,077,220 up to $2,154,420
Transfers - -
Other Budget Impacts TABOR Refund $1,077,220 $2,154,420
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March 1, 2024 HB 24-1286
Summary of Legislation
The bill creates the Equal Justice Fund Authority (EJFA) and the Equal Justice Fund. The EJFA is
governed by a seven-member appointed board and must meet at least four times per year.
Board members serve without compensation but may be reimbursed for expenses as a result of
their duties.
The EJFA administers the Equal Justice Fund. Beginning January 1, 2025, docket fees for court of
appeals and civil cases are increased by $20, credited to the fund. The fund must be used to
provide access to legal representation for indigent defendants and to cover the EJFA’s direct and
indirect administration costs.
The EJFA must report fund balances, the types of cases for the individuals served by the fund,
and the number of individuals served by the fund to the General Assembly on an annual basis.
State Revenue
The bill increases revenue to the newly created Equal Justice Fund through an increase in docket
fees by an estimated $1.1 million in FY 2024-25 and $2.2 million in FY 2025-26 and ongoing.
Fee impact on civil cases. Colorado law requires legislative service agency review of measures
which create or increase any fee collected by a state agency. Fee amounts are outlined in the
bill, resulting in an increase of $20 for various docket fees. The number of cases and individuals
subject to the increased fees is shown in Table 2. Cases numbers for FY 2024-25 are prorated for
a half-year impact.
Table 2
Fee Impact on Civil Court Cases
Year Type of Case Number of Cases Fee Revenue
FY 2024-25 County Civil 27,288 $20 $545,760
District Civil
17,848 $20 $356,960
Court of Appeals 251 $20 $5,020
Probate 8,474 $20 $169,480
FY 2024-25 Revenue $1,077,220
FY 2025-26 County Civil 54,577 $20 $1,091,540
District Civil 35,695 $20 $713,900
Court of Appeals 502 $20 $10,040
Probate 16,947 $20 $338,940
FY 2025-26 Revenue $2,154,420 Page 3
March 1, 2024 HB 24-1286
State Expenditures
The bill increases cash fund expenditures in the EJFA by up to $1.1 million in FY 2024-25 and up
to $2.2 million in FY 2025-26 and ongoing. The bill also increases workload in the Judicial
Department.
Equal Justice Fund Authority. The newly created EJFA will provide funding for legal aid to
indigent offenders using the revenue generated from the new docket fee. This revenue will also
cover the EJFA’s administrative costs, which will be spent to convene commission members, and
to distribute and report on funding. The Equal Justice Fund is continuously appropriated to the
EJFA for these purposes.
Judicial Department. The Judicial Department will update their information technology systems
to create a new financial code for the new Equal Justice Fund. This additional workload is
assumed to be minimal and can be accomplished within existing appropriations.
Other Budget Impacts
TABOR refunds. The bill is expected to increase the amount of state revenue required to be
refunded to taxpayers by the amounts shown in the State Revenue section above. This estimate
assumes the December 2023 LCS revenue forecast. A forecast of state revenue subject to TABOR
is not available beyond FY 2025-26. Because TABOR refunds are paid from the General Fund,
increased cash fund revenue will decrease the amount of General Fund available to spend or
save.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his
signature.
State and Local Government Contacts
Governor's Office of Boards and Commissions Judicial
Personnel Treasury
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.