SB 25-158 Fiscal Note Legislative Council Staff Nonpartisan Services for Colorado’s Legislature SB 25-158: STATE AGENCY PROCUREMENT & DISPOSAL CERTAIN ITEMS Prime Sponsors: Sen. Sullivan; Gonzales J. Rep. Froelich; Brown Published for: Senate State Affairs Drafting number: LLS 25-0380 Fiscal Analyst: Matt Bishop, 303-866-4796 matt.bishop@coleg.gov Version: Initial Fiscal Note Date: February 14, 2025 Fiscal note status: The fiscal note reflects the introduced bill. This analysis is preliminary and will be updated following further review and any additional information received. Summary Information Overview. The bill updates procurement requirements for firearms and related materials, and establishes procedures for state agencies to dispose of firearms. Types of impacts. The bill is projected to affect the following areas on an ongoing basis: State Expenditures Local Government Appropriations. For FY 2025-26, the bill requires appropriations totaling $409,257 to multiple state agencies. Table 1 State Fiscal Impacts Type of Impact 1 Budget Year FY 2025-26 Out Year FY 2026-27 State Revenue $0 $0 State Expenditures $441,087 $427,915 Transferred Funds $0 $0 Change in TABOR Refunds $0 $0 Change in State FTE 1.7 FTE 1.9 FTE 1 Fund sources for these impacts are shown in the tables below. Page 2 February 14, 2025 SB 25-158 Table 1A State Expenditures Fund Source Budget Year FY 2025-26 Out Year FY 2026-27 General Fund $283,793 $273,855 Cash Funds $125,734 $119,064 Federal Funds $0 $0 Centrally Appropriated $31,560 $34,996 Total Expenditures $441,087 $427,915 Total FTE 1.7 FTE 1.9 FTE Summary of Legislation The bill updates procurement requirements for firearms and related materials, and establishes procedures for state agencies to dispose of firearms. Firearms Procurement When a state entity solicits a contract for the procurement of firearms, ammunition, or firearms accessories, the bill requires the contractor to be licensed. The contractor must also provide documentation on: trace requests it has received from the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; any theft or loss from the contractor’s premises; the most recent inspection report from the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; any violations discovered from any recent federal agency inspections and any corrective actions the contractor has taken; and any policies the contractor has to prevent, detect, and screen for illegal sales or thefts, and assistance with law enforcement agencies. Contractors bidding on state solicitations must affirm that they will not sell unserialized gun build kits or firearm precursor parts through the duration of the contract. Firearms Disposal The bill requires law enforcement agencies to destroy and dispose of firearms that are retired, damaged, declared surplus by the agency, acquired in a buyback program, voluntarily surrendered, or otherwise in the agency’s possession but not in use, subject to an investigation, or evidence in a criminal case. Each law enforcement agency must develop a firearms destruction policy by September 5, 2025, and post the policy on its website. The firearms destruction policy does not apply to stolen firearms, which must be returned to their owner unless the owner does not respond to a notice that the firearm was recovered in a reasonable timeframe. Page 3 February 14, 2025 SB 25-158 Background and Assumptions Firearms have typical life cycles of five to ten years. When a law enforcement agency updates its armory, it often trades in its used firearms for a credit against its purchase. While the trade-in value varies with the type of firearm, it can result in about a 25 percent savings. The bill’s requirement to destroy retired or damaged firearms prevents agencies from trading them in for credits against future purposes. The Department of Public Safety (CDPS) operates the state government’s only gun crusher. The fiscal note assumes that other agencies will coordinate with CDPS to dispose of their retired or damaged firearms as necessary, with minimal additional cost to the state. State Expenditures The bill increases state expenditures by about $440,000 in FY 2025-26 and $430,000 in FY 2026-27. These costs will be incurred in the Department of Public Safety, the Department of Natural Resources, and the Department of Corrections, as shown in Tables 2 through 2B and described in the sections below. Costs are paid from various funds, as described below. Table 2 State Expenditures All Departments Department Budget Year FY 2025-26 Out Year FY 2026-27 Department of Public Safety $160,789 $154,789 Department of Natural Resources $143,553 $135,371 Department of Corrections $135,745 $135,745 Total Costs $441,087 $426,403 Department of Public Safety The bill increases workload in the department to develop and enforce procurement and destruction policies, and the department will incur additional expenses to procure firearms and equipment. CDPS houses both the Colorado State Patrol and the Colorado Bureau of Investigation. Staff The department requires 1.0 FTE beginning in FY 2025-26 to develop procurement and destruction policies, maintain an inventory of firearms, and other administrative tasks associated with implementing the bill. Standard operating costs and capital outlay are included. Costs are prorated in the first year for the bill’s effective date. Page 4 February 14, 2025 SB 25-158 Firearms and Equipment The Colorado State Patrol and the Colorado Bureau of Investigation replace different types of firearms on a regular schedule, consistent with industry standards. While these costs are estimated at about $100,000 in FY 2025-26 and $85,000 in FY 2026-27, costs will increase significantly in years when many firearms are replaced. For example, both pistols and rifles are scheduled for replacement in FY 2033-34, and the estimated annual cost to cover lost trade-in credits on firearms purchases that year is $1.1 million. Table 2A State Expenditures Department of Public Safety Cost Component Budget Year FY 2025-26 Out Year FY 2026-27 Personal Services $40,904 $51,130 Operating Expenses $1,024 $1,280 Capital Outlay Costs $6,670 $0 Firearms and Equipment $98,450 $84,700 Centrally Appropriated Costs $13,741 $17,177 Total Costs $160,789 $154,287 Total FTE 0.8 FTE 1.0 FTE Department of Natural Resources The department employs about 390 law enforcement officers who regularly carry firearms. It requires additional staff for procurement policy and will incur additional costs to procure firearms and equipment. The fiscal note assumes this expenditure will not drive a fee revenue increase. Staff The department requires 0.9 FTE beginning in FY 2025-26 to develop procurement and destruction policies, train other staff on the policies’ requirements, maintain an inventory of firearms, and transport firearms for destruction and disposal. Standard operating costs, mileage costs, and capital outlay are included. A higher workload in the first year is offset by the bill’s effective date. Firearms and Equipment The department’s estimated annual cost to cover lost trade-in credits on firearms purchases is $45,017 per year. Page 5 February 14, 2025 SB 25-158 Table 2B State Expenditures Department of Natural Resources Cost Component Budget Year FY 2025-26 Out Year FY 2026-27 Personal Services $71,383 $71,383 Operating Expenses $2,664 $2,664 Capital Outlay Costs $6,670 $0 Firearms and Equipment $45,017 $45,017 Centrally Appropriated Costs $17,819 $17,819 Total Costs $143,553 $136,883 Total FTE 0.9 FTE 0.9 FTE Department of Corrections The department’s estimated annual cost to cover lost trade-in credits on firearms purchases is $136,745 per year. Any workload impact is assumed to be minimal. Other State Agencies Other state agencies employing law enforcement personnel include the departments of Human Services, Law, and Revenue, and institutions of higher education. The fiscal note has not yet determined expenditure and workload impacts for these agencies. Centrally Appropriated Costs Pursuant to a Joint Budget Committee policy, certain costs associated with this bill are addressed through the annual budget process and centrally appropriated in the Long Bill or supplemental appropriations bills, rather than in this bill. These costs, which include employee insurance and supplemental employee retirement payments, are shown in the expenditure tables above. Local Government Similar to state agencies, the bill increases expenditures for local government law enforcement agencies to develop and administer procurement and destruction policies, and it increases the cost of procuring firearms and equipment through the loss of trade-in credits. Page 6 February 14, 2025 SB 25-158 Technical Note The new procurement requirements put additional burdens on licensed firearms dealers that fulfill law enforcement agency contracts. This may affect which vendors respond to solicitations, and could impact the price, types of equipment, or timeline available to law enforcement agencies. The bill’s effective date and the September 5 deadline in the bill gives law enforcement agencies about one month to adopt policies consistent with the bill’s requirements. This timeline may not be feasible for some agencies, delaying the bill’s implementation. Effective Date The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no referendum petition is filed, except the procurement requirements take effect January 1, 2026. State Appropriations For FY 2025-26, the bill requires the following General Fund appropriations: $147, 048 to the Department of Public Safety, and 0.8 FTE; and $136,745 to the Department of Corrections. For FY 2025-26, the bill requires the following cash fund appropriations to the Department of Natural Resources, and 0.9 FTE: $81,727 from the Wildlife Cash Fund; and $44,007 from the Parks and Outdoor Recreation Cash Fund. State and Local Government Contacts Corrections Human Services Law Military Affairs Municipalities Natural Resources Personnel and Administration Public Safety Sheriffs 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.