Colorado Legislative Council Staff
STATE and LOCAL
FISCAL NOTE
No State General Fund Impact
State and Local Cash Revenue Impact
Drafting Number: Prime Sponsor(s): |
LLS 98-475 Rep. Gordon
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Date: Bill Status: Fiscal Analyst: |
January 3, 1998 House Transportation Scott Nachtrieb (866-4752) |
TITLE: CONCERNING THE IMPOSITION OF INCREASED PENALTIES FOR TRAFFIC VIOLATIONS COMMITTED IN SCHOOL ZONES
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.
STATE FISCAL IMPACT SUMMARY |
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 |
None |
None |
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
Revenue
Omissions and Technical or Mechanical Defects
The bills effective date is July 1, 1997.