TITLE: CONCERNING A PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WITH A CHILD AS A PASSENGER IF A LIT SMOKING DEVICE IS PRESENT IN THE MOTOR VEHICLE.

The bill would make it a class B traffic infraction to occupy a motor vehicle when a person under the age of 16 is a passenger if a lit cigarette, cigar, or pipe is present in the vehicle. The penalty upon conviction of the offense would be $50.00 and a $6.00 surcharge. This bill would become effective July 1, 1998.

STATE FISCAL IMPACT SUMMARY	FY 1998/99	FY 1999/2000
State Revenues General Fund Highway User Tax Fund (HUTF)	Increased fines	Increased fines
State Expenditures General Fund Highway User Tax Fund	$250,000 *	$250,000*
FTE Position Change	None	None
Local Government Impact — Increased fines and HUTF distributions

* This is the maximum cost and is a conditional expenditure should the department decide to institute the program.

The HUTF would receive any additional revenue generated from the $50 fine imposed on convictions of this new offense. The state would receive revenues from convictions of citations written by the Colorado State Patrol and any local peace officer that filed the citation in county court. The number of times a person would be convicted in a county court under this provision and the amount of revenue generated has been estimated to be minimal . However, it would appear that the amount would not be significant.

The $6.00 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.

The bill allows the Department of Transportation (DOT) to establish a public information/education program concerning the dangers of secondhand smoke on children in motor vehicles. The federal government and the Office of Transportation Safety within the DOT have not identified secondhand smoke as a transportation safety issue. No federal funds would be available for this program. Should the DOT choose to establish this program, the department would have to use state funds. The cost of developing and instituting a statewide saturation program that would be contracted to a private entity would cost up to $250,000 and require up to 1.0 FTE. The Office of Transportation Safety personnel are currently fully utilized and workloads and departmental priorities would be adjusted to conduct the program. The FTE would be used to develop the program, review the request for proposal, and monitor compliance, effectiveness, and progress of the campaign.

Local governments would receive additional fine revenue from convictions of traffic citations filed in municipal court. In addition, the cities and counties would receive additional distributions of fines generated to the HUTF under the current distribution formulas.