Colorado Legislative Council Staff
STATE and LOCAL
FISCAL IMPACT
Drafting Number: Prime Sponsor(s): |
LLS 99-0235 Rep. Veiga |
Date: Bill Status: Fiscal Analyst: |
December 4, 1998 House Transportation Susan Colling (303-866-4784) |
TITLE: CONCERNING IDENTIFICATION OF DRIVERS WHO MAY NOT BE QUALIFIED TO DRIVE.
Fiscal Impact Summary |
FY 1999/2000 |
FY 2000/2001 |
State Revenues General Fund |
Minimal Fine Revenue |
Minimal Fine Revenue |
State Expenditures General Fund |
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FTE Position Change |
0.0 FTE |
0.0 FTE |
Other State Impact: TABOR |
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Effective Date: July 1, 1999 |
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Appropriation Summary for FY 1999-2000: None. |
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Local Government Impact: Possible impact on county jails. (See Local Government Section) |
Summary of Legislation
The bill identifies reports filed by peace officers, licensed medical professionals, or a driver's immediate family as documentation on which the Division of Motor Vehicles may rely for evidence that a driver is incompetent or otherwise not qualified to drive.
The bill creates requirements for the report and grants civil immunity to any person who files a report in good faith. The bill makes it a class 1 misdemeanor for a violation of the reports confidentiality, unauthorized use of the report, or intentionally filing a false report. The Division of Motor Vehicles is authorized to condition the retention of licence on additional periodic examinations of the driver.
State Revenues
Since the bill makes it a class 1 misdemeanor when a person violates the confidentiality of the report, uses the report for unauthorized reasons, or intentionally files a false report, there would be an impact on the State General Fund. A class 1 misdemeanor carries a possible fine between $500 and $5,000 to be deposited in the General Fund. In addition to, or in lieu of, a fine, the court may sentence an offender to the county jail. However, because it is at the discretion of the court to impose a fine and/or a jail sentence, the amount of possible fines collected cannot be determined. There are no available data from the Judicial Branch. However, it is anticipated that the number of cases that would apply under these provisions would be minimal.
Local Government Impact
There would be possible impact on the county jails as a result of the bill's provision making it a class 1 misdemeanor when a person violates the confidentiality of the report, uses the report for unauthorized reasons, or intentionally files a false. A class 1 misdemeanor carries a possible sentence to the county jail for six to 18 months, in addition to, or in lieu of a fine. Because it is at the discretion of the court whether they impose a fine, a jail sentence, or both, the impact on the county jails cannot be determined. Although the Judicial Branch does not have current available data, it is estimated that the number of persons violating these provisions of the bill would be minimal.
State Appropriations
The fiscal note indicates that no spending authority or appropriation is required in FY 1999-00 to implement the provisions of the bill.
Departments Contacted
Judicial Revenue Transportation