Colorado Legislative Council Staff
STATE and LOCAL
FISCAL IMPACT
Drafting Number: Prime Sponsor(s): |
LLS 99-0255 Rep. Chavez |
Date: Bill Status: Fiscal Analyst: |
January 11, 1999 House Transportation & Energy Susan Colling (303-866-4784) |
TITLE: CONCERNING PROHIBITION OF OPEN ALCOHOLIC CONTAINERS IN MOTOR VEHICLES.
Fiscal Impact Summary |
FY 1999/2000 |
FY 2000/2001 |
State Revenues General FundGeneral Fund Cash FundCash Fund Exempt Federal Fund |
Fine Revenue |
Fine Revenue |
State Expenditures General Fund |
|
|
FTE Position Change |
0.0 FTE |
0.0 FTE |
Other State Impact: TABOR |
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Effective Date: August 4, 1999 |
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Appropriation Summary for FY 1999-2000: None. |
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Local Government Impact: See Local Government Impact Section. |
Summary of Legislation
The bill prohibits any person who is in the passenger area of a vehicle that is on a public highway or right-of-way of a public highway to knowingly drink or possess an open alcoholic beverage container. The bill makes this violation a class A traffic infraction and specifies the penalties and surcharges that apply to this violation. It also creates an exception for passengers in a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation or a house coach, house trailer, motor home, or trailer coach.
State Revenues
The bill makes the violation of an open alcoholic beverage container in the passenger area of a motor vehicle a class A traffic infraction. Under the provisions of the bill, such an infraction carries a fine of $50.00 and an additional $6.00 surcharge, for a total of $56.00. Any revenue collected from a traffic citation issued by the Colorado State Patrol, county sheriff, or a municipal peace officer filing in the county court would be deposited into the HUTF. Money's collected as a result oftheseinfractions are deposited in the Highway Users Tax Fund (HUTF), t Therefore, this bill is assessed as having a fiscal impact on state revenues. Based on current the HUTF distribution formula, the Department of Transportation would receive 65 percent of fine revenue increases. T Of the remaining revenue, would go to..... 26 percent would go to counties and 9 percent to cities. The number of people violating and receiving an infraction as a result of this bill is anticipated to be minimal, therefore having an minimal impact on state revenues.
According to the Department of Transportation, the bill will conform to the Federal Transportation Equity Act for the 21st Century (TEA-21). Under the provisions of the federal legislation each state must adopt an open container law before October 1, 2000 or risk having federal highway construction funds redirected to safety education programs. Funds would not be eliminated, however, the sanctions begin with the redirection of 1.5 percent of funds and increase each year until state legislation is enacted.
State Appropriations
The fiscal note indicates that no additional spending authority or appropriations are required to implement the provisions of the bill in 1999-00.
Local Government Impact
Municipalities generally adopt provisions of the state traffic code into their municipal ordinances. Revenues collected from convictions on citations for this offense filed in municipal court would be municipal revenues.
Departments Contacted
Judicial Local Affairs Revenue Transportation