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


 


 

FTE Position Change

0.0 FTE

0.0 FTE

Other State Impact: TABOR

Effective Date: July 1, 1999

Appropriation Summary for FY 1999-2000: None.

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