Colorado Legislative Council Staff

STATE and LOCAL

REVISED FISCAL IMPACT

(Replaces fiscal impact dated February 3, 1999)

Drafting Number:

Prime Sponsor(s):

LLS 99-0172

Rep. Hagedorn

Sen. Dennis

Date:

Bill Status:

Fiscal Analyst:

April 13, 1999

Senate Appropriations

Scott Nachtrieb (303-866-4752)

 

TITLE:            CONCERNING PENALTIES FOR ALCOHOL-RELATED TRAFFIC OFFENSES.

 

Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

Cash Fund

Federal Fund


Minimal driver's license reinstatement fee increase

Federal funds not diverted to safety programs

State Expenditures

Cash 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: See Local Government Impact section



Summary of Legislation


            The reengrossed bill, as amended by the Senate Transportation and Energy Committee, March 16,1999, would require a person who has been convicted of driving under the influence of alcohol twice in a five-year period to:

 

               have their license revoked for no less than one year;

               be ineligible for the probationary license with interlock use for one year;

               serve at least 10 days in jail instead of the current seven days;

               have a restricted license for one year; and

               require the person to install an ignition interlock device on each vehicle registered in his/her name for the duration of the restricted driver’s license.


            A person with a previous conviction for driving under the influence of alcohol that is convicted again after a five-year period would be issued a restricted license and required to install for a six month period an ignition interlock device on each vehicle registered in his/her name.





State Revenues


            The amended reengrossed bill would conform the state law to the federal requirements under the Transportation Equity Act for the 21st Century (TEA-21). Non-compliance would result in the diversion of 1.5 percent of the state's federal construction funds ($3.0 to $3.5 million in FY 2000-01) to highway safety programs. This diversion would increase to $6.0 to $7.0 million in FY 2001-02. 

            This amended bill may also increase the number of driver's license revocations and fees paid for the ignition interlock program. The amount of any increase is estimated to be minimal. In order for a person to obtain a driver's license after a revocation, the person is required to pay $40 in reinstatement fees and a $15 driver's license fee, which would be deposited into the Highway Users Tax Fund. The additional fees generated from previous offenders that are convicted of a second offense after a five-year period would pay additional fees to the Ignition Interlock Fund. The amount of any increase revenue to this fund is estimated to be minimal.



Local Government Impact


            The amended reengrossed bill increases the minimal penalty for driving under the influence from seven to ten days. This would increase the number of days a person is retained in a county jail by three days. However, under current law a judge has the discretion to impose a longer sentence or suspend the sentence in certain cases. The number of times that the increase this bill requires would actually increase a persons time spent in a county jail is estimated to be minimal.



State Appropriations


            This fiscal note implies that no additional appropriation would be required in FY 1999-00 to implement this bill.



Departments Contacted

 

Human Services         Judicial           Public Defender          Transportation            Revenue