Colorado Legislative Council Staff



No State General Fund Imapct

Local Revenue and Expenditure Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-116

Rep. Mace

Sen. Hernandez


Bill Status:

Fiscal Analyst:

January 2, 1998

Local Government

Susan Colling (866-4784)



Summary of Legislation

            This bill would make it a class 3 misdemeanor for a first cruising violation and a class 2 misdemeanor for second and subsequent offenses.

            Cruising in this bill is defined as driving a motor vehicle on a street past a traffic control point more than twice in the same direction in any two-hour period between the hours of 7 p.m. and 3:30 a.m. in a manner and under circumstances for the purpose of unnecessary and repetitive driving.

            The bill specifies conditions under which local law enforcement agencies may establish a traffic control point and identifies exceptions and vehicles not subject to the provisions of this bill. Further, the bill allows local governments to opt out of the law and does not require adoption of a comparable local ordinance.


            This bill would take effect upon passage, and shall apply to offenses committed on or after said date.


FY 1998/99

FY 1999/2000

State Revenues

General Fund

Other Fund



State Expenditures

General Fund

Other Fund



FTE Position Change



Local Government Impact — Possible increase in fines and jail space*

* See local government impact section.

Local Government Impact

            The bill could result in additional revenues to local government, including law enforcement agencies. As set forth in Section 18-1-106, misdemeanor classes carry a penalty of either a fine, a term of imprisonment or both a fine and a term of imprisonment. The bill would make it a class 3 misdemeanor for the first violation which ranges from a minimum $50 fine to a maximum $750 fine. For second and subsequent violations the penalty would be a class 2 misdemeanor with fines being assessed between a minimum of $250 to a maximum of $1,000.

            Further, there could be an impact on expenditures to local government as local jail space could be affected. In lieu of, or in combination with a fine, persons violating this proposed offense could be subject to imprisonment. For the first offense a class 3 misdemeanor could carry a 6 month imprisonment term and a class 2 misdemeanor, for second and subsequent violations, has a possible minimum imprisonment term of 3 months and a maximum imprisonment term of 12 months. Data are not available to determine this impact as this crime does not currently exist.

            This bill is assessed as conditional in that it allows local government to override the provisions and does not require a comparable local ordinance to be adopted.

Spending Authority

            This fiscal note would imply that no additional spending authority or appropriations are required to implement the provisions of the bill for FY 1998-99.

Departments Contacted

            Department of Public Safety

            Department of Revenue