Colorado Legislative Council Staff
STATE and LOCAL
FISCAL NOTE
TABOR Refund Impact
No General Fund Impact
State HUTF Revenue Impact
Local Revenue Impact
Drafting Number: Prime Sponsor(s): |
LLS 98-066 Rep. Gotlieb |
Date: Bill Status: Fiscal Analyst: |
February 2, 1998 House Transportation Scott Nachtrieb (866-4752) |
TITLE: CONCERNING MAKING A VIOLATION OF MOTOR VEHICLE SAFETY BELT REQUIREMENTS A PRIMARY OFFENSE.
Summary of Legislation
The bill would make violating the current safety belt requirement in motor vehicles a primary offense rather than a secondary offense. Under current law, a peace officer can issue a citation for a seat belt violation only if the violator has been stopped for another violation. The bill would allow the peace officer to stop a driver and issue a citation solely for not wearing a seat belt. This bill would become effective July 1, 1998.
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 local government fines from traffic citations |
State Revenues
Under current law, peace officers can issue seat belt violations as a secondary offense. Persons convicted of the offense could be fined up to $100. The increased number of traffic citations issued by the Colorado State Patrol and local peace officers in county court as primary offenses that would not have been issued as a secondary offense is not known. However, any fines collected from the convictions would be deposited into the HUTF. It is estimated that the increase would be minimal. The $2.00 surcharge also collected on this fine would go to the Victims and Witnesses Assistance and Law Enforcement Fund in each judicial district
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.
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 number of additional citations issued is estimated to be minimal. The Department of Revenue could process approximately 59,280 citations without adding additional FTE. The number of citations issued under this provision would not be expected to increase to an amount that will require additional FTE.
Local Government Impact
Local governments would receive additional revenues from the new revenues deposited into the HUTF. In addition, any citation issued by a peace officer and filed in a municipal court which results in a conviction and a fine would increase revenue to the local government.
Spending Authority
No additional spending authority would be required as a result of this bill.
Departments Contacted
Revenue