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 ImpactIncreased 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