Colorado 2022 2022 Regular Session

Colorado House Bill HB1028 Introduced / Fiscal Note

Filed 06/06/2022

                    Page 1 
June 6, 2022  HB 22-1028  
 
 
 Legislative Council Staff 
Nonpartisan Services for Colorado’s Legislature 
 
Final Fiscal Note  
   
 
Drafting Number: 
Prime Sponsors: 
LLS 22-0064  
Rep. Gray; Hooton 
Sen. Winter; Priola  
Date: 
Bill Status: 
Fiscal Analyst: 
June 6, 2022 
Signed into Law 
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: 
The fiscal note reflects the enacted 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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June 6, 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. These requirements 
apply to all individuals who are age fifteen or older, or who are under the age of fifteen but 
accompanied by an adult.  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. If a county or municipality has placed a traffic sign at a controlled 
intersection with instructions for certain low-speed conveyances that vary from requirements 
established by the bill, the operators of such specified conveyances must obey the instructions. 
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, 
747 offenders have been sentenced and convicted for this existing offense, of which 521 were male, 
221 were female, and 5 where gender was unknown.  Demographically, 602 were White, 57 were 
African American, 47 were Hispanic, 8 were Asian, 6 were Indian, 16 were designated as Other, and 
11 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. 
 
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June 6, 2022  HB 22-1028  
 
 
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. 
 
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 
This bill was signed into law by the Governor and took effect on April 13, 2022. 
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.