Page 1 January 14, 2022 HB 22-1028 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Fiscal Note Drafting Number: Prime Sponsors: LLS 22-0064 Rep. Gray; Hooton Sen. Winter Date: Bill Status: Fiscal Analyst: January 14, 2022 House Trans. & Local Govt. Will Clark | 303-866-4720 Will.Clark@state.co.us Bill Topic: STATEWIDE REGULATION OF CONTROLLED INTERSECTIONS Summary of Fiscal Impact: ☐ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☒ Local Government ☐ Statutory Public Entity The bill allows individuals on bicycles and other non-motorized vehicles to make safety stops at controlled intersections under certain circumstances. In FY 2022-23, the bill may increase state and local government expenditures by a minimal amount. Appropriation Summary: No appropriation is required. Fiscal Note Status: This fiscal note reflects the introduced bill. The bill was recommended by the Transportation Legislation Review Committee. Summary of Legislation Under current law, local governments may adopt regulations to allow bicycles, electric-assisted bicycles, electric scooters, and other non-motorized vehicles to make safety stops at intersections under certain circumstances. A safety stop means slowing to a speed of 15 miles per hour or less, and then continuing through an intersection without stopping if there is no traffic in which to yield. This bill establishes uniform statewide requirements that allow bicycles, electric-assisted bicycles, electric scooters, and other non-motorized vehicles to make safety stops at intersections throughout the state. Comparable Crime Analysis Legislative Council Staff is required to include certain information in the fiscal note for any bill that creates a new crime, changes the classification of an existing crime, or changes an element of an existing crime. This section outlines data on crimes comparable to the offense in this bill and discusses assumptions on future rates of criminal conviction for those offense. Prior conviction data and assumptions. Under current law, bicycles, electric bicycles, and electric scooters have all of the rights and duties applicable to the driver of any other vehicle, unless otherwise exempted by law. In localities that did not adopt ordinances allowing safety stops for these vehicles, this includes gliding through an intersection without stopping. Because the offense of gliding through Page 2 January 14, 2022 HB 22-1028 an intersection without stopping could constitute a number of different traffic offenses, to form an estimate on the prevalence of this crime, the fiscal note analyzed the existing offense of disobeying official traffic control devices, a class A traffic infraction, as a comparable crime. From 2019 to 2021, 361 offenders have been sentenced and convicted for this existing offense, of which 255 were male, 103 were female, and 3 where gender was unknown. Demographically, 281 were White, 31 were African American, 25 were Hispanic, 6 were Asian, 4 were Indian, 7 were designated as Other, and 7 where race was not identified. Assumptions. Because individuals on bicycles and other non-motorized vehicles likely make up a small portion of controlled intersection traffic offenses, the fiscal note assumes that there will be a minimal reduction in infractions under the bill. Because the bill is not expected to have a tangible impact on traffic infraction-related revenue or expenditures at the state or local levels, these potential impacts are not discussed further in this fiscal note. Visit leg.colorado.gov/fiscalnotes for more information about criminal justice costs in fiscal notes. State Government In FY 2022-23 only, this bill will increase workload in the Departments of Public Safety, Revenue, and Transportation to update materials to reflect the change in law. This minimal workload can be accomplished within the existing appropriations of each agency. Local Government In FY 2022-23, the bill will increase workload for local governments to revise their ordinances if they conflict with the new state requirements. Effective Date The bill takes effect upon signature of the Governor, or upon becoming law without his signature. State and Local Government Contacts Counties Municipalities Public Safety Revenue Transportation The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.