Colorado Legislative Council Staff



TABOR Refund Impact

No General Fund Impact

HUTF Revenue and Expenditure Impact

Local Government Revenue and Expenditure Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-158

Rep. Mace


Bill Status:

Fiscal Analyst:

January 29, 1998

House Transportation

Scott Nachtrieb (866-4752)



Summary of Legislation

            The bill would make it illegal to operate a loaded vehicle on any highway unless the vehicle is constructed or the load is covered to prevent any of its load from blowing out of the vehicle. It would also require any person transporting aggregate materials with a diameter of one inch or less for a distance of more than two miles or transporting garbage or trash to secure the load with a tarp or other technology. Vehicles hauling farm products would be exempt. The bill would become effective at 12:01 a.m. on the day following the ninety-day period after adjournment sine die of the General Assembly, or on the date of the official declaration of the vote of the people as proclaimed by the Governor, if a referendum petition is filed pursuant to Article V, Section 1 (3) of the State Constitution.


FY 1998/99

FY 1999/2000

State Revenues

Highway Users Tax Fund (HUTF)

Increased fine revenue

Increased fine revenue

State Expenditures

General Fund

State Highway Fund

$846,000 *


FTE Position Change



Local Government Impact — Increased fine revenue and HUTF distributions

*See State Expenditures section

State Revenues

            The bill would make it a class B traffic infraction to transport aggregate materials with a diameter of one-inch or less over more than two miles without covering the load with a tarp. The HUTF would receive an increase in fines imposed on convictions of traffic citations issued by the Colorado State Patrol, Department of Revenue Port of Entry Officers, and local government peace officers filing the citations in county court. The number of citations that would be issued for not having these loads covered has not been estimated. However, the HUTF would receive additional fine revenue under the provisions 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 Department of Transportation would have an increase in expenditures from purchasing additional tarps or obtaining other technology for some DOT vehicles that haul these aggregate materials. The DOT currently has 90 to 100 trucks that have tarps. Several municipalities require tarps on loads hauled within their jurisdiction. As part of a phase-in policy, all new trucks that are ordered by the department are ordered with tarps. Under this bill, the DOT would have to purchase tarps or other technologies for those vehicles that do not have tarps. It is estimated that 1,125 Dot trucks do not have tarps. The average cost for tarps is estimated at $752 each. The DOT would require $846,000 in State Highway Funds in FY 1998-99 to purchase tarps for all trucks in the DOT fleet. These expenditures would be from the State Highway Fund and are not appropriated by the General Assembly.

Local Government Impact

            Local governments would receive additional revenues from citations issued under the provisions of this bill that are filed in municipal court. The number of fines issued has not been estimated. In addition, local governments would also incur expenditures in purchasing tarps or other technologies to comply with the bill.

Spending Authority

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

Departments Contacted

            Revenue          Transportation