(1) The general assembly shall provide by
rule for legislative service agency review of the fiscal impact of legislative
measures.
(1.5) Repealed.
(2) The general assembly shall provide by rule, as recommended by the
executive committee of legislative council, for legislative service agency review of
the fiscal impact of legislative measures which include the creation or increase of
any fee collected by a state agency. The fiscal information on such measures shall
include the average amount of such fee collected annually by such agency from
each individual, family, or business, whichever is applicable, paying such fee and a
projection of the average amount of such fee that will be collected from each
individual, family, or business subsequent to the creation of or increase in such fee.
(2.5) If a legislative measure creates a new criminal offense, increases or
decreases the crime classification of an existing criminal offense, or changes an
element of an existing offense that creates a new factual basis for the offense, the
fiscal note shall include the following:
(a) A description of the elements of the proposed new crime or a description
of the new, amended, or additional elements of an existing crime;
(b) An analysis of whether the new crime, or changes to an existing crime,
may be charged under current Colorado law;
(c) A comparison of the proposed crime classification to similar types of
offenses;
(d) An analysis of the current and anticipated future prevalence of the
behavior that the proposed new crime, or changes to an existing crime, intends to
address; and
(e) A description of gender and minority data as it relates to the general
Colorado population and available data on gender and minority offender and crime
victims populations potentially affected by the proposed measure.
(3) (a) Each state department, agency, or institution shall cooperate with and
provide information on the fiscal impact of a legislative measure in the manner
requested by the staff of the legislative council for consideration by the staff in
connection with the preparation of a fiscal note for the measure.
(b) The state department, agency, or institution shall substantiate the
calculation of the fiscal impact of the legislative measure in its response to a
request for information made pursuant to paragraph (a) of this subsection (3) by
providing any documentation that clearly identifies any assumptions supporting
that calculation and a narrative discussion of the justification for any increase or
decrease in workload.
(c) The state department, agency, or institution shall meet the deadlines
established by the staff of the legislative council for providing a response to a
request for information made pursuant to paragraph (a) of this subsection (3) or
shall specify the need for additional time to provide the response. If additional time
is required to respond to the request for information, the staff of the legislative
council shall set a reasonable time for providing the information.
(d) (I) The state department, agency, or institution shall not modify the
amount of the fiscal impact that was originally calculated for a legislative measure
after the staff of the legislative council has released and made public the fiscal
note for such measure unless:
(A) The measure has been amended;
(B) There is newly discovered information that was previously unavailable
that warrants modification of the original calculation and narrative submitted by
the state department, agency, or institution; or
(C) Technical errors are discovered that warrant modification of the original
calculation and narrative submitted by the state department, agency, or institution.
(II) Information supporting a modification to the fiscal impact shall be
submitted in the manner requested by the staff of the legislative council by the
head of the state department, agency, or institution.
(4) In addition to any other requirement under this section or in the
legislative rules for legislative service agency review of the fiscal impact of
legislative measures, the general assembly shall also provide for legislative service
agency review of the fiscal impact of legislative measures considered by
committees of the general assembly meeting during the legislative interim. For
each interim, the deadlines and guidelines adopted prior to each interim by the
executive committee of the legislative council for requesting and finalizing interim
committee bills must allow for sufficient time between the public release of the
fiscal note for a particular measure by the staff of the legislative council and the
final vote by the applicable legislative interim committee so that members of the
committee are able to consider the fiscal note in voting on the measure. For each
interim, the specific dates by which these requirements will be satisfied must be
specified in the applicable set of deadlines and guidelines for that interim. Except
as otherwise provided in this subsection (4), all other requirements governing
legislative service agency review of the fiscal impact of legislative measures
considered during regular legislative sessions that are specified in this section or in
the legislative rules also govern the requirements of this subsection (4).
(5) (a) In preparing a fiscal note for any legislative proposal that may impose
a new health benefit coverage mandate on health benefit plans or mandate a
reduction or elimination of coverage under a health benefit plan and for which a
report has been prepared by a contractor pursuant to section 10-16-155, the
legislative service agency charged with preparing the fiscal note shall include a
statement that a report has been prepared by the contractors for the legislative
proposal pursuant to section 10-16-155 and submitted to the director of research of
the legislative council by the division, including an indication of how the
contractors' final report may be obtained in its entirety.
(b) This subsection (5) is repealed, effective November 1, 2027.
(6) (a) The fiscal note for any legislative measure that includes a proposed
tax increase shall include, in addition to the other information required pursuant to
this section, an estimate of the maximum dollar amount of the change in state and
local government revenue for the first and, if phased in, final full fiscal year of the
proposed tax increase.
(b) The ballot question submitted to the registered electors of the state in
connection with a proposed tax increase in a legislative measure shall include the
maximum dollar amount of the change in state and local government revenue for
the first or, if phased in, final full fiscal year of the proposed tax increase as
determined pursuant to subsection (6)(a) of this section.