Colorado Legislative Council Staff



No General Fund Impact

State HUTF Revenue Impact

Local Revenue Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-033

Rep. Arrington



Bill Status:

Fiscal Analyst:

December 30, 1997

House Transportation

Scott Nachtrieb (866-4752)



Summary of Legislation

            The bill would make the use of cellular telephone while driving a class B traffic infraction subject to a fine of $15 to $100 and a $2.00 surcharge. A driver could only be cited for this offense if the driver is being cited for some other traffic offense. A driver in an accident while using a cellular phone would have four points assessed against their driver’s license. The bill also gives a person a rebuttable presumption of negligence in an accident when a court assigns civil liability . The bill will become effective at 12:01 a.m. on the day following the ninety-day period after adjournment sine die of the General Assembly, or on the date of the official declaration of the vote of the people as proclaimed by the Governor, if a referendum petition is filed pursuant to Article V, Section 1 (3) of the State Constitution.


FY 1998/99

FY 1999/2000

State Revenues

General Fund

Highway Users Tax Fund (HUTF)

Increase in Fines

Increase in Fines

State Expenditures

General Fund

Other Fund



FTE Position Change



Local Government Impact — Increase in Fines and HUTF distributions

State Revenues

            The HUTF would receive additional revenue from every fine issued by the Colorado State Patrol and local government peace officers who file citations in county court. In addition, the judicial district’s Victim and Witness Assistance Fund would also receive the $2.00 surcharge. The amount of revenue expected is minimal. The additional point reductions may also cause some additional driver’s license suspensions or revocations. Any person having their driver’s license reinstated would pay up $55 in additional fees.

            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 citations written under this section is estimated to be minimal and would not require additional resources for the Department’s of Revenue and Public Safety. The computer programming required would be done during the annual review and rewriting of departmental programs.

Local Government Impact

            Local governments would receive additional fine revenue from citations filed in local jurisdictions. Local governments would also receive additional distributions of HUTF funds. The amount of increase to any one local government would be minimal.

Spending Authority

            No additional spending authority would be required.

Departments Contacted

Revenue          Public Safety