Colorado 2025 2025 Regular Session

Colorado Senate Bill SB034 Introduced / Fiscal Note

Filed 02/13/2025

                    SB 25-034  
Fiscal Note 
Legislative Council Staff 
Nonpartisan Services for Colorado’s Legislature 
SB 25-034: VOLUNTARY DO-NOT-SELL FIREARMS WAIVER  
Prime Sponsors: 
Sen. Kipp 
Rep. Boesenecker  
Published for: Senate Appropriations  
Drafting number: LLS 25-0082  
Fiscal Analyst: 
Clayton Mayfield, 303-866-5851 
clayton.mayfield@coleg.gov  
Version: First Revised Note  
Date: February 12, 2025 
Fiscal note status: The revised fiscal note reflects the introduced bill, as amended by the Senate State 
Affairs Committee. 
Summary Information 
Overview. The bill establishes a process for a person to voluntarily waive their right to purchase firearms 
and requires the Department of Public Safety to develop an online portal for these waivers, conditional on 
receiving gifts, grants, or donations. It also creates a related civil infraction. 
Types of impacts. The bill is projected to affect the following areas on an ongoing basis starting in 
FY 2025-26: 
 State Revenue 
 State Expenditures 
 Local Government 
Appropriations. No appropriation is required.  
Table 1 
State Fiscal Impacts 
Type of Impact
1
 
Budget Year 
FY 2025-26 
Out Year 
FY 2026-27 
State Revenue 	$209,853 	$0 
State Expenditures 	$209,853 	$26,000 
Transferred Funds  	$0 	$0 
Change in TABOR Refunds 	$0 	$0 
Change in State FTE 	0.0 FTE 	0.0 FTE 
1
 Fund sources for these impacts are shown in the tables below. 
  Page 2 
February 12, 2025  SB 25-034 
 
 
Table 1A 
State Revenue 
Fund Source 
Budget Year 
FY 2025-26 
Out Year 
FY 2026-27 
General Fund 	$0 	$0 
Cash Funds (Gifts, Grants, and Donations) 	$209,853 	$0 
Total Revenue 	$209,853 	$0 
Table 1B 
State Expenditures 
Fund Source 
Budget Year 
FY 2025-26 
Out Year 
FY 2026-27 
General Fund 	$0 	$26,000 
Cash Funds (Gifts, Grants, and Donations) 	$209,853 	$0 
Federal Funds 	$0 	$0 
Centrally Appropriated 	$0 	$0 
Total Expenditures 	$209,853 	$26,000 
Total FTE 	0.0 FTE 	0.0 FTE 
Summary of Legislation 
The bill establishes a process to allow a person to voluntarily waive their right to purchase a 
firearm. Waivers must be submitted to the Colorado Bureau of Investigation in the Department 
of Public Safety (CDPS). The CDPS must develop an online portal for waiver submission and 
verify the identity of persons submitting waivers. The CDPS must also update any state or 
federal computer-based systems used to identify prohibited purchasers of firearms to reflect the 
status of the waiver, such that when waivers are in effect, firearm transfers to a person with a 
waiver are denied. It is a civil infraction punishable by a fine of up to $25 for a person with a 
waiver in effect to attempt to purchase a firearm. 
During waiver submission, a person may designate one or more contact persons. The CDPS 
must notify contact persons when a person with a waiver attempts to purchase a firearm, and if 
the person with a waiver revokes the waiver. Waivers may be revoked after filing with the CDPS. 
A waiver remains in effect for 30 days after the CDPS receives a revocation request, after which 
the CDPS must update relevant computer-based systems and destroy all records of the waiver.  
Finally, implementation of the bill is dependent on receipt of sufficient gifts, grants, and 
donations.  Page 3 
February 12, 2025  SB 25-034 
 
Comparable Crime Analysis 
Legislative Council Staff is required to include certain information in the fiscal note for any bill 
that creates a new crime, changes the classification of an existing crime, or creates a new factual 
basis for an existing crime. The following section outlines crimes that are comparable to the 
offense in this bill and discusses assumptions on future rates of criminal convictions resulting 
from the bill. 
Prior Conviction Data and Assumptions 
This bill creates the new offense of unlawful attempted firearm purchase while subject to a 
voluntary waiver, a civil infraction. To form an estimate on the prevalence of this new crime, the 
fiscal note analyzed the existing offense of unlawful purchase of a firearm under the age of 21, a 
class 2 misdemeanor, as a comparable crime. From FY 2021-22 to FY 2023-24, one White male 
has been sentenced and convicted for this existing offense. Because the bill is not expected to 
have a tangible impact on criminal justice-related expenditures or revenue at the state or local 
levels, these potential impacts are not discussed further in this fiscal note. Visit 
leg.colorado.gov/fiscalnotes for more information about criminal justice costs in fiscal notes. 
State Revenue 
The bill potentially increases state revenue to the CDPS from gifts, grants, and donations; 
however, no sources have been identified at this time. The bill’s implementation is dependent on 
the CDPS receiving at least $200,000 in gifts, grants, and donations. It is unknown at this time 
when the CDPS may receive sufficient funding for implementation, but for informational 
purposes this fiscal note shows revenue in FY 2025-26 only. Gifts, grants, and donations are 
exempt from TABOR revenue limits. 
State Expenditures 
The bill increases state expenditures in the CDPS by about $210,000 to implement the bill. It is 
unknown when these expenditures may occur; the fiscal note assumes costs incurred in  
FY 2025-26 and FY 2026-27 for informational purposes. These costs are assumed to be paid 
from gifts, grants, and donations in the first fiscal year of implementation and paid from the 
General Fund in future years. Costs are summarized in Table 2 and discussed below.   
   Page 4 
February 12, 2025  SB 25-034 
 
Table 2 
State Expenditures 
Department of Public Safety 
Cost Component 
Budget Year 
FY 2025-26 
Out Year 
FY 2026-27 
Waiver Portal and Maintenance 	$130,000 	$26,000 
OIT Project Management 	$79,853 	$0 
Total Costs 	$209,853 	$26,000 
Department of Public Safety 
The CDPS requires $210,000 in the first year of implementation for development of a waiver 
portal, and for payments to the Office of Information Technology (OIT) for project management 
services. Starting after the first year of implementation, the CDPS requires $26,000 for portal 
support and maintenance payments to a vendor. This amount is estimated to increase by 
3 percent annually in future years. Workload in the CDPS will increase to seek gifts, grants, and 
donations, to actively use the portal, and to manage the waiver process. This workload can be 
absorbed with existing resources and no additional appropriations are required for this effort. 
Effective Date 
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming 
no referendum petition is filed. 
State and Local Government Contacts 
District Attorneys 
Information Technology 
Judicial  
Public Safety 
Revenue  
 
 
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.