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March 7, 2022 HB 22-1028
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated January 14, 2022)
Drafting Number:
Prime Sponsors:
LLS 22-0064
Rep. Gray; Hooton
Sen. Winter; Priola
Date:
Bill Status:
Fiscal Analyst:
March 7, 2022
Senate Trans. & Energy
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
increases state and local government expenditures.
Appropriation
Summary:
No appropriation is required as the State Highway Fund is continuously appropriated
to the Department of Transportation.
Fiscal Note
Status:
This revised fiscal note reflects the reengrossed bill. The bill was recommended by
the Transportation Legislation Review Committee.
Table 1
State Fiscal Impacts Under HB 22-1028
Budget Year
FY 2022-23
Out Year
FY 2023-24
Revenue
- -
Expenditures State Highway Fund $75,000 -
Transfers - -
Other Budget Impacts - -
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March 7, 2022 HB 22-1028
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,
and reduces the maximum allowable speed of a safety stop to 10 miles per hour. The bill also requires
the Department of Transportation (CDOT), in collaboration with other agencies and non-government
entities, to develop educational materials concerning legal requirements and safe practices for
approaching controlled intersections. These materials must be made available to schools and the
general public, and be included in updates to the Colorado Driver Handbook.
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
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 increases expenditures to CDOT by $75,000 from the State Highway Fund.
Workload will also increase in multiple other state agencies, as described below.
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March 7, 2022 HB 22-1028
Department of Transportation. Expenditures in CDOT will increase to develop educational materials
concerning legal requirements and safe practices for approaching controlled intersections, and to
make these materials available to schools and the general public. The fiscal note estimates that it will
cost $75,000 to develop educational materials and digital advertisements on state agency websites.
Department of Revenue. The Division of Motor Vehicles must include the new educational materials
developed by CDOT in updates to the Colorado Driver Handbook. The fiscal note assumes that these
can be added as part of the department’s regular update cycle; no change in appropriations required.
Rule changes. The bill increases workload in the Departments of Education, 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 Education 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.