TITLE: CONCERNING A MODIFICATION OF THE EXEMPTIONS FROM REQUIRED USE OF SYSTEMS DESIGNED TO RESTRAIN CHILDREN IN MOTOR VEHICLES.

Fiscal Impact Summary	FY 1999/2000	FY 2000/2001
State Revenues General Fund Cash Fund—Highway Users Tax Fund (HUTF)	Increased Fine Revenue	Increased Fine Revenue
State Expenditures General Fund
FTE Position Change	0.0 FTE	0.0 FTE
Other State Impact: TABOR
Effective Date: 90 days after adjournment, unless a referendum petition is filed.
Appropriation Summary for FY 1999-2000: None.
Local Government Impact: Increased local government fines from traffic citations (See Local Government Section).

The bill repeals the exception to the mandatory use of child restraints or safety belts in motor vehicles that allows a child to be transported in a privately owned noncommercial vehicle without the use of a child restraint system or safety belts when all seating positions equipped with safety belts or child restraints are occupied.

A violation of the section affected by the bill is a class B traffic infraction (Section 42-4-1701, C.R.S.). Traffic infractions are further defined in Section 42-4-1701 (4)(a)(I). The penalty for violating the child restraint statute is a $50 fine and a $6 surcharge. Current law permits the fine to be waived if the driver presents the court with satisfactory evidence of the acquisition, purchase, or rental of an approved child restraint system by the time of the court appearance.

Any fines collected would be deposited in the Highway Users Tax Fund. It is estimated that the increase in revenues from fines would be minimal. The $6 surcharge would be deposited in the Victims and Witnesses Assistance and Law Enforcement Fund in each judicial district.

The number of additional citations issued is estimated to be minimal. The Department of Revenue could process approximately 59,280 citations without adding FTE. The number of citations issued under this provision would not be expected to increase to an amount that will require additional FTE.

Local governments would receive additional revenues from the fines deposited in the HUTF. In addition, any citation issued by a peace officer and filed in municipal court that results in a conviction and a fine would increase revenue to local government.

This fiscal note implies that no additional spending authority or appropriations would be required in FY 1999-00 to implement the provisions of the bill.