Colorado Legislative Council Staff

STATE and LOCAL

FISCAL NOTE

State Cash Fund Revenue Impact

Local Revenue and Expenditure Impact


Drafting Number:

Prime Sponsor(s):

LLS 98-452

Rep. Tool

Sen. Alexander

Date:

Bill Status:

Fiscal Analyst:

January 20, 1998

House Transportation

Scott Nachtrieb (866-4752)

 

TITLE:            CONCERNING A REQUIREMENT THAT ANY DRIVER WHO IS INVOLVED IN A SERIOUS AUTOMOBILE ACCIDENT SUBMIT TO DRUG AND ALCOHOL TESTING.


Summary of Legislation


            The bill would require any driver involved in a motor vehicle accident resulting in a fatality or serious bodily injury to submit to drug and alcohol tests. This bill would become effective July 1, 1998.

STATE FISCAL IMPACT SUMMARY

FY 1998/99

FY 1999/2000

State Revenues

General Fund

Other Fund



 



 

State Expenditures

General Fund

Highway User Tax Funds (HUTF)



$40,100



$40,100

FTE Position Change

None

None

Local Government ImpactIncreased peace officer time to issue tests.



State Revenues


            Under current law, some judicial districts/courts require persons convicted of DUI/DWI offenses to pay the costs of the alcohol/drug test and forward this to the Colorado State Patrol. The Colorado State Patrol already has the ability to test drivers if the patrol has probable cause to test the driver. For purposes of this fiscal note, it is assumed that the number of additional convictions on DUI/DWI would be insignificant as a result of this bill. It would appear that the amount of revenue returned by judicial districts/courts to the Colorado State Patrol would not increase as a result of this bill. Therefore, there would be no revenue impacts as a result of this bill.


State Expenditures


            The Colorado State Patrol would have increased expenditures as a result of this bill from requiring a drug and alcohol test for both drivers involved in a serious injury/fatal accident. Current law allows the patrol to give a test to one or both drivers based upon the patrolman having probable cause. The patrol pays the cost for each alcohol/drug test. It is estimated that this bill would require approximately 603 additional alcohol and drug tests annually. This would result in an increased cost of $40,100 in Highway Users tax Funds (HUTF). Drug tests cost the patrol $55.00, breathalyser tests cost $5.00, and blood alcohol tests cost $70.00. It is assumed that 603 additional drivers would require drug tests ($55 X 603 = $33,165), 90 percent would only have breathalyser tests (543 X $5 = $2,714), and 10 percent would have blood alcohol tests ($70 X 60 = $4,221).


            The patrol would also experience an increase in the amount of time investigating serious injury/fatal accidents. When an officer requires a test, the officer is responsible for taking the driver to the testing facility. For the patrol, this process averages 3 hours per incident. The increase in workload may vary from approximately 905 to 1809 hours (0.5 FTE to 0.9 FTE). It is assumed that both drivers would be taken to the same facility for testing in most cases. This increased workload would be absorbed within the current duties of the Colorado State Patrol.


Local Government Impact


            Local Governments would have fiscal impacts similar to those identified in the State Revenue and Expenditure sections. The amount of time a local peace officer spends involved in an alcohol/drug test may be less than the Colorado State Patrol because the proximity of facilities that have the ability to do the tests are be closer than those available to the Colorado State Patrol.


Spending Authority


            This fiscal note implies that the Department of Public Safety would require $40,100 in Highway User Tax Fund spending authority for FY 1998-99 to implement this bill.


Departments Contacted


            Revenue          Public Safety