Colorado Legislative Council Staff



No State General Fund Impact

Drafting Number:

Prime Sponsor(s):

LLS 99-0712

Rep. Dean

Sen. Sullivant


Bill Status:

Fiscal Analyst:

April 7, 1999

House Transportation

Scott Nachtrieb (303-866-4752)



Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

General Fund



State Expenditures

General Fund



FTE Position Change

0.0 FTE

0.0 FTE

Other State Impact: None

Effective Date: Upon the Governor’s signature

Appropriation Summary for FY 1999-2000: None

Local Government Impact: See Local Government Impact Section

Summary of Legislation

            The bill would modify the current “Photo Radar” law in the following manner:


               Create an exemption to the law for any speeding violation in excess of 25 miles-per-hour;

               Change the requirement to establish jurisdiction so that a peace officer would have to personally serve the accused;

               Allow entities to collect the actual cost of personal serving a suspect or $25 which ever is less;

               Allow entities to notify suspects by certified mail of the violation and allow the person to waive their right for personal service;

               Add a requirement that a flash or artificial light source could not be used to obtain an image;

               Add a prohibition on requiring the registered vehicle owner to identify the driver of the vehicle;

               Double the fine for violations occurring in a school zone;

               Increase the fine to $75 for violating a traffic control device; and

               Create a prohibition on the use of state information to obtain the name and address of suspected traffic violators detected by a “Photo Radar” device.

State Revenues

            It is estimated that this bill would not change the amount of Highway User Tax Fund revenue received from penalty assessments. The Colorado State Patrol does not utilize “Photo Radar”, nor does the patrol anticipate utilizing this enforcement mechanism. There are no known counties that are currently utilizing this enforcement mechanism that would result in a change in revenue received from penalty assessments. Therefore, this bill would not impact state revenues.

State Expenditures

            The number of additional violations that would be added to the state driver’s license system as a result of the changes this bill makes are estimated to be minimal. The additional requirement that state driver’s license and motor vehicle information can not be used would not create a significant impact to the Department of Revenue. It is estimated that the requirement could be accomplished at a minimal cost and done within existing resources.


Local Government Impact

            The bill would create a fiscal impact to municipalities that are utilizing “Photo Radar” as a traffic enforcement mechanism. The provisions that increase fines for specific violations and the exemption for speeding infractions over 25 miles-per-hour from current law restrictions would allow municipalities to impose higher penalties and thereby increase revenues from penalty assessments. The amount of any increase has not been estimated. Municipalities would also be allowed to collect the lesser of the actual cost of personally serving a suspect or $25. This would offset or help offset any increased costs the municipality may have from the requirement that violations be personally served by a peace officer.

            The new requirement that violators be personally served would increase the programs costs for a municipality. The amount of the increase has not been estimated. However, it would appear that the increased costs would be significant for municipalities utilizing this enforcement mechanism. However, this increased cost would be offset by the provisions allowing municipalities to collect the lesser of the actual cost of personally serving a suspect or $25.

            The additional requirement that “Photo Radar” systems not use a flash or artificial light to obtain an image may also reduce the number of violations where the driver or the license plate can be clearly identified. The number of occasions where the driver or the license plate could not be identified under this new requirement has not been estimated.

            The requirement that state information not be used to determine the name and address of a suspect unless the municipality comply with the law would not have a fiscal impact to municipalities. It is assumed that municipalities would comply with the law and this requirement would not impact their ability to access state information.

State Appropriations

            No additional state appropriation would be required to implement this bill.

Departments Contacted


            Revenue          Public Safety