Colorado Legislative Council Staff

STATE and LOCAL

REVISED FISCAL NOTE

TABOR Refund Impact

No State General Fund Impact

(Replaces Fiscal Note dated January 12, 1998)

State Cash Fund Revenue Impact

Local Revenue Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-330

Rep. Bacon

Date:

Bill Status:

Fiscal Analyst:

February 3, 1998

House Transportation

Scott Nachtrieb (866-4752)

 

TITLE:            CONCERNING A REQUIREMENT THAT A HELMET BE WORN DURING CERTAIN ACTIVITIES, AND, IN CONNECTION THEREWITH, AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH AN IN-LINE SKATE AND BICYCLE HELMET PUBLIC EDUCATION AND AWARENESS PROGRAM.


Summary of Legislation


            This fiscal note has been revised based on the receipt of additional information. The bill would make riding a bicycle or in-line skating without a helmet a class B traffic infraction. A conviction on this new offense would be punishable by a $15 fine, when the person riding or skating is under 16 years of age, or a person is carrying a child on a bicycle under 16 years of age who is not wearing a helmet. Parents or legal guardians of a child under 16 years of age who rides or in-line skates without a helmet could also be cited. Children under 12 years of age would not be cited for the violation, their parents would be cited. Evidence indicating a person failed to have a helmet shall not be admissible to reduce damages or as a defense to an action brought by or on behalf of an injured or deceased bicyclist, bicycle passenger, or in-line skater. The Department of Public Safety would be allowed to develop a statewide education program concerning the importance of helmet use for bicyclists and in-line skaters. This bill would become effective July 1, 1998.


STATE FISCAL IMPACT SUMMARY

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

None

None

Local Government Impact — Increased fines


State Revenues


            The state would receive additional revenues as a result of this bill from the additional $15 fine imposed. The number of citations issued by the Colorado State Patrol and local government peace officers which would file their citations in county court are estimated to be minimal. However, for each of these citations, the HUTF would receive an additional $15 and the Witness and Victims Assistance Fund in the judicial district where the citation was written would receive $2.00.


TABOR Refund Impact


            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 or decrease 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 Department of Revenue (DOR) would have additional workload increases as a result of this bill. The number of citations is not expected to be significant enough to require additional appropriations. However, should the number of citations issued annually under this provision exceed 59,280 the DOR would require some additional resources for data entry and microfilming citations. Computer programming to accommodate citations issued under this bill would be accomplished at the DOR’s annual review and rewrite of computer software.


            The Department of Public Safety has indicated that the education program required in this bill is already part of the educaiton program conducted by the Colorado State Patrol under current law. Therefore, this provision would not have an additional impact to the department.


Local Government Impact


            Local governments would receive additional revenues as a result of this bill from the additional $15 fine imposed for each citation issued by peace officers in their jurisdiction. Local governments would also have additional enforcement responsibility that would require additional peace officer time.


Spending Authority


            This fiscal note implies that no additional spending authority would be required for FY 1998-99 to implement this bill.


Departments Contacted


            Revenue          Public Safety