Colorado Legislative Council Staff



HUTF Revenue Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-126

Rep. Nichol



Bill Status:

Fiscal Analyst:

November 17, 1997

House Transportation

Scott Nachtrieb (866-4752)



Summary of Legislation

            The bill would require the Department of Revenue (DOR) to revoke the drivers’ license of any minor convicted on nonfelony marihuana charges. The court may impose a 24 hour community service penalty for first time convictions. The bill would become effective July 1, 1998.


FY 1998/99

FY 1999/2000

State Revenues

General Fund

Highway Users Tax Fund

Minimal increase

Minimal increase

State Expenditures

General Fund

Other Fund



FTE Position Change



Local Government ImpactNone

State Revenues

            The bill would allow the DOR to revoke the drivers’ license of any minor convicted of a nonfelony marihuana violation. First time offenders would could be sentenced to 24 hours of community service rather than revocation. The number of minor drivers that would be convicted under this section and have their driver’s license revoked has been estimated to be minimal and not have a significant impact on Highway User Tax Fund (HUTF) revenues. Each person that has their drivers’ license revoked would have to pay a $40 fee and the $15 license fee to have the license reinstated. These funds would be deposited into the HUTF. Therefore, this bill is assessed as having a fiscal impact to the HUTF.

            Section 20 of Article X of the Colorado Constitution, limits the maximum annual percentage increase in state fiscal year spending. Once total state revenue from all sources that are not specifically excluded from fiscal year spending exceeds these limits for the fiscal year, the state constitution requires that the excess shall be refunded in the next fiscal year unless voters approve a revenue change as an offset. Based on the current Legislative Council economic forecast, it is projected that the state will be in a TABOR refund position during each of the next five fiscal years. Any increase in state revenue from changes in fees, fines, licenses, or other revenue sources will affect the amount of the state revenue to be refunded.

State Expenditures

            The number of persons that would be convicted under the provisions of this bill and have their drivers’ license revoked is estimated to be minimal. The DOR would not require additional appropriations to implement the provisions of this bill.

Spending Authority

            No additional spending authority would be required.

Departments Contacted

Judicial                       Revenue