Colorado Legislative Council Staff



No State General Fund Impact

State and Local Cash Revenue Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-475

Rep. Gordon



Bill Status:

Fiscal Analyst:

January 3, 1998

House Transportation

Scott Nachtrieb (866-4752)



Summary of Legislation

            The bill would double the fine and surcharge imposed for a moving traffic violation if the violation occurs on the grounds of a elementary, middle, junior high, or high school or within 1,000 feet of the perimeter of such a school. The bill would become effective July 1, 1997.


FY 1998/99

FY 1999/2000

State Revenues

Highway Users Tax Fund (HUTF)

Increased fine revenue

Increased fine revenue

State Expenditures

General Fund

Other Fund



FTE Position Change



Local Government Impact — Increased fine revenue

State Revenues

            The state would receive additional HUTF revenue for each citation the Colorado State Patrol would write. The state would also receive revenue from each citation written by local peace officers that are filed in county court. The amount of the fine increase would depend upon the amount of the fine the the court would impose. The bill would allow the court to impose up to an additional $100. The number of times this offense would occur and be filed in the county court is not known. The amount of the increased fines imposed and collected under this provision is not known. The amount of revenue this bill would generate is estimated to be minimal.

            The surcharges imposed would be deposited into the judicial districts’ Victim and Witness Assistance Fund. The amount of the additional surcharge the court could impose would be up to $24.

            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 computer programming that would be required to implement this bill would be accomplished during the annual review and rewrite of the department’s computer programs.

Local Government Impact

            Local governments would receive additional HUTF distributions from the increased fine revenue that would go to the HUTF. Should local governments adopt the additional fees into their local traffic ordinances, local governments would receive additional revenue for each citation written within their jurisdiction.

Spending Authority

            No additional spending authority would be required to implement this bill.

Departments Contacted


Omissions and Technical or Mechanical Defects

            The bills effective date is July 1, 1997.