Colorado Legislative Council Staff

STATE and LOCAL

FISCAL IMPACT

Drafting Number:

Prime Sponsor(s):

LLS 99-0202

Sen. Owen

Date:

Bill Status:

Fiscal Analyst:

January 26, 1999

Senate Transportation

Scott Nachtrieb (303-866-4752)

 

TITLE:            CONCERNING PARKING PROVISIONS FOR PERSONS WITH PHYSICAL DISABILITIES.

 


Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

General Fund

Cash Fund


Increased misdemeanor fines

Minimal increased fine revenue

State Expenditures

Cash Fund


$142,800

 

FTE Position Change

0.0 FTE

0.0 FTE

Other State Impact: None

Effective Date: Applies to violations committed on or after July 1, 1999.

Appropriation Summary for FY 1999-2000: The Department of Revenue CF appropriation of $142,800

Local Government Impact: Increased fine revenue



Summary of Legislation


            The bill would require motor vehicle registration cards to clearly identify if the vehicle owners have a disability. Military physicians would be able to verify a disability in order to obtain disabled parking privileges. Disabled parking placards and temporary disabled permits and placards would have to clearly provide the driver's license number or identification card number of the disabled person. A disabled license plate or placard would be revoked for misuse. The Department of Revenue (DOR) could deny reissuing a disabled license plate or placard for one year for the first violation and for five years for a second or subsequent violation. An additional informational pamphlet about the disabled parking privilege would be provided to applicants. Disabled parking on state highways would be limited to six hours. Local government could not limit disabled parking to less than four hours on any public street. The federal standard would be used to help define which out-of-state disabled plates or placards are honored.


            The maximum fine under a class B traffic infraction would be imposed for using disabled parking privileges by persons without a disability and the fine would double for violations by a state agency employee who transports disabled people. Blocking access to curb ramps or passenger loading zones adjacent to a disabled parking space would become a traffic infraction and the penalty would double for a commercial vehicle. Fraudulently obtaining, possessing, using, or transferring a disabled parking placard or for knowingly making, possessing, using, or transferring a counterfeit placard would become a misdemeanor. The penalty would double for a person who is paid for committing such a violation.



State Revenues


            The bill imposes new criminal and civil penalties for persons convicted of violating the provisions of the bill. The amount of revenue that the state would receive as a result of these changes has not been estimated. However, the amount of fines imposed and revenue collected for the Highway Users Tax Fund (HUTF) and the General Fund would not appear to be significant. Generally, local governments incorporate changes in state traffic laws into local government ordinances governing traffic and parking. It is assumed that the changes made by this bill would become part of local government ordinances. Revenues collected from citations issued by local law enforcement officers and filed in municipal court would become local government revenue. Revenues collected from citations issued by the Colorado State Patrol, county peace officers, and local law enforcement officers which would file the citation in county court would go to the HUTF.


            The bill creates some additional violations that, upon a conviction, would result in a misdemeanor penalty of $500. It also doubles the fine in certain circumstances. Misdemeanor fine revenue collected by county courts or other state courts from convictions under this bill would be deposited into the General Fund. The amount of misdemeanor fine revenue has not been estimated at this time.



State Expenditures


            The bill requires the DOR to identify the disabled person on the motor vehicle registration form and deny a disabled parking sticker for the first violation for one year and subsequent violations for up to five years. The DOR would have to modify and create some computer programs as a result of this bill. The total programming hours necessary to implement this bill are estimated to be 2,100 hours and $142,800 in Distributive Data Processing Funds (DDP). The department would require:

               400 hours and $27,200 to modify programs to indicate if the owners are handicapped and print the names on the registration forms and handicapped placards;

               400 hours and $27,200 to modify programs to deny renewals to violators;

               400 hours and $27,200 to modify corrections to county to send denial data to counties; and

               900 hours and $61,200 to create a tracking system to track handicap parking tickets.


            The department would have to track parking tickets on motor vehicle records. The department can process 62,400 violations without needing additional resources. Should this bill generate more than 62,400 violations, the department would require additional personal services.



Local Government Impact


            Generally, local governments incorporate changes in state traffic laws into local government ordinances governing traffic and parking. It is assumed that the changes made by this bill would become part of local government ordinances. Revenues collected from citations issued by local law enforcement officers and filed in municipal court would become local government revenue. Revenues collected from the misdemeanor convictions filed in municipal court would be municipal revenue.



State Appropriations


            This fiscal note implies that the Department of Revenue would require $142,800 in Distributive Data Processing Funds for FY 1999-00 to implement this bill.



Departments Contacted


            Revenue