Colorado Legislative Council Staff

STATE and LOCAL

REVISED FISCAL NOTE

(replaces Fiscal Note dated January 31, 1998)

TABOR Refund Impact

No State General Fund Impact

State HUTF Revenue Impact

Local Revenue Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-344

Rep. Morrison

Date:

Bill Status:

Fiscal Analyst:

February 11, 1998

House Finance

Scott Nachtrieb (866-4752)

 

TITLE:            CONCERNING OPERATION OF MOTOR VEHICLES BY PERSONS UNDER EIGHTEEN YEARS OF AGE, AND, IN CONNECTION THEREWITH, ESTABLISHING CERTAIN DRIVING RESTRICTIONS FOR PERSONS WITH MINOR DRIVER'S LICENSES AND CREATING A COMMITTEE TO EVALUATE THE SYSTEM OF TESTING AND PREPARING DRIVERS.



Summary of Legislation


STATE FISCAL IMPACT SUMMARY

FY 1998/99

FY 1999/2000

State Revenues

General Fund

Highway Users Tax Fund



Less than $10,000



Less than $10,000

State Expenditures

General Fund

Other Fund


 


 

FTE Position Change

None

None

Local Government Impact — Additional traffic fine revenue and HUTF distributions


            The bill, as amended by the House Transportation and Energy Committee on February 4, 1998, would allow a person to receive a driver’s instruction permit at the age of 15. It would require any person between 15 and 18 years of age to have a minimum of 50 hours of driving experience, with at least 10 hours at night to receive a driver’s license. They could not have any moving traffic violations for 3 months immediately preceding the application for a license. A minor driver convicted of a traffic violation or who fails to appear for a traffic citation issued prior to their 18th birthday would not receive a license but would be issued an instruction permit for a specified period.


            It would become a class B traffic infraction for a minor driver to drive between 12 midnight and 5 a.m. unless driving to or from work or accompanied by an adult. The provision which prohibited a minor driver from operating a motor vehicle with more than 2 other persons under 18 years of age would be removed by the amendment. The Department of Revenue would be required to reduce the driving privilege of any minor driver who violates provisions of the bill to an instruction permit.


            The reduction in driving privileges would be in addition to, and not a substitute for, any other penalties that exist in law. Minor drivers would be notified by first class mail that their driving privileges have been reduced and they would have ten days to surrender the license. An eleven member Driver Education Committee would be created to evaluate the system of testing individuals for driver's licenses and recommend legislative changes. The committee would consist of an individual from:

 

                      the Division of Motor Vehicles;

                      the Colorado State Patrol;

                      the Department of Education;

                      the Colorado Department of Transportation;

                      local law enforcement agencies;

                      driving schools;

                      the public school system;

                      consumers; and

                      automobile insurers.

 

            This bill would become effective July 1, 1998.



State Revenues


            The bill would create three new class B traffic offenses. Conviction of the offenses would result in a fine of up to $35 and a $4 surcharge. 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 $4.00 surcharge. The amount of revenue expected would be less than $10,000.


            The amended bill would allow a driver’s instruction permit to be valid from age 15 to the person’s 18th birthday. This change would remove any additional revenue that was created in the introduced bill. It is estimated that no additional revenue would be received as a result of this bill.


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 driver license manual would have to include an explanation of this new process for minor driver’s licenses. The current manual has 32 pages and contains one blank page. It would appear that the Department of Revenue would be able to provide a description of this licensing process on one page in the manual. However, if the explanation should require more than one page, another page would have to be added to the manual. The manual is in booklet format. The addition of one page to the booklet would add four actual pages. This would increase the costs of producing the booklet by $3,460. The number of citations issued by this bill would also increase the department’s workload. The department would not require additional resources unless there were 59,280 citations written under the bill’s provisions and it is estimated that the number of new citations will be considerably less. The department would also have to create a driving log to issue with instruction permits. This provision would not require additional resources.


            The bill also creates an eleven member Driver Education Committee to examine the state’s system for testing and training people for driver’s licenses. The committee members would serve without compensation.


Local Government Impact


            Local governments would receive additional revenues from the traffic fines imposed by this bill. It is estimated that the amount of additional fine revenue would be minimal.


Spending Authority


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


Departments Contacted


            Revenue