Colorado Legislative Council Staff

STATE and LOCAL

REVISED FISCAL NOTE

(replaces Fiscal Note dated February 2, 1998)

TABOR Refund Impact

No State General Fund Impact

State Cash Fund Expenditure and Revenue Impact


Drafting Number:

Prime Sponsor(s):

LLS 98-008

Rep. Hagedorn

Sen. Hopper

Date:

Bill Status:

Fiscal Analyst:

April 23, 1998

Senate Appropriations

Scott Nachtrieb (866-4752)

 

TITLE:            CONCERNING THE IMPOSITION OF INCREASED PENALTIES FOR PERSONS WHO COMMIT MULTIPLE ALCOHOL-RELATED DRIVING OFFENSES, AND, IN CONNECTION THEREWITH, ENACTING THE "PERSISTENT DRUNK DRIVER ACT OF 1998" AND MAKING AN APPROPRIATION.



Summary of Legislation


            The reengrossed bill, as amended by the Senate Judiciary Committee, (Senate Journal page 923), would require the Department of Revenue (DOR) to send a notice to the owner of a motor vehicle that the owner may need to provide proof of financial responsibility, if the owner’s vehicle were used in a driving violation where excessive alcohol content was a factor. A person receiving the notice would be entitled to a hearing. Failure to comply would result in the owner’s driver’s license cancellation. Rental vehicles from a rental car company or rented or loaned from an automobile repair facility would be exempt. Persons convicted of an alcohol-related driving offense would be subject to a surcharge of at least $25 but not more than $500 in addition to any other penalty imposed. The surcharges collected would be deposited in the Persistent Drinking Driver Cash Fund. The funds would be appropriated by the General Assembly to pay the department’s costs and fund programs intended to deter drunk driving or educate young drivers about the dangers of drunk driving.


STATE FISCAL IMPACT SUMMARY

FY 1998/99

FY 1999/2000

State Revenues

General Fund

Persistent Drinking Driver Cash Fund



$810,875



$810,875

State Expenditures

General Fund

Persistent Drinking Driver Cash Fund (Available for Programs)



$810,875



$810,875

FTE Position Change

None

None

Local Government Impact — None

* Departments of Human Services and Transportation for educational programs for drunk driving prevention.

            A person arrested while their driver's license or driving privilege is under restraint because of an alcohol- or drug-related driving conviction, would have to post $10,000 bail or such amount as is set at a bail hearing. A person posting bond under the provisions of this bill could not drive any motor vehicle during the period of such person's driving restraint. This bill would become effective July 1, 1998.


State Revenues


            The bill would generate additional revenues from a $25 to $500 surcharge on fines. Any surcharges collected would be deposited to the Persistent Drinking Driver Cash Fund. For purposes of this fiscal note it is assumed that half of the 6,487 multiple revocations would receive an additional surcharge assessment that would average $250. This would generate approximately $810,875 in revenue.


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 DOR may have some additional hearings and would have to deliver a notice to certain motor vehicle owners. These costs would be minimal and would not require additional resources. The money in the fund would be available for appropriation by the General Assembly to fund drunk driving prevention educational programs in the Departments of Human Services and Transportation.



Spending Authority


            This fiscal note implies that the Department of Revenue would not require additional spending authority to implement this bill. Funds in the Persistent Drinking Driver Cash Fund would be available for appropriation to the Departments of Human Services and Transportation.


Departments Contacted                   Revenue