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March 1, 2022 HB 22-1043
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated January 27, 2022)
Drafting Number:
Prime Sponsors:
LLS 22-0534
Rep. Pico
Sen. Hisey
Date:
Bill Status:
Fiscal Analyst:
March 1, 2022
Senate Trans. & Energy
Will Clark | 303-866-4720
Will.Clark@state.co.us
Bill Topic: MOTORCYCLE & AUTOCYCLE DEFINITIONS
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☒ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill removes autocycle from the definition of a motorcycle and makes clarifying
changes to the definition of an autocycle. The bill increases state and local
expenditures in FY 2022-23, and decreases state cash fund revenue on an ongoing
basis.
Appropriation
Summary:
For FY 2022-23, the bill requires and includes an appropriation of $15,976 to the
Department of Revenue.
Fiscal Note
Status:
The revised fiscal note reflects the reengrossed bill.
Table 1
State Fiscal Impacts Under HB 22-1043
Budget Year
FY 2022-23
Out Year
FY 2023-24
Revenue Cash Funds ($488) ($488)
Total Revenue ($488) ($488)
Expenditures General Fund $15,976 -
Total Expenditures $15,976 -
Transfers - -
Other Budget Impacts TABOR Refund ($488) ($488)
General Fund Reserve $2,396 -
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March 1, 2022 HB 22-1043
Summary of Legislation
The bill creates a distinct definition for autocycles and makes changes to the current definition of a
motorcycle. It clarifies that the driver of an autocycle does not need a motorcycle endorsement, and
that certain exceptions to the use of eye protection and helmets apply to autocycle operators.
Autocycles are no longer subject to a $2 license fee and $4 registration fee for motorcycle operator
safety training, but will otherwise continue to pay the same taxes and fees for licensing, titling and
registration, and will continue to use motorcycle license plates. Finally, the bill expands the definition
of vulnerable road user to include autocycles.
Background
There are currently 122 vehicles registered in Colorado as a motorcycle with an autocycle designation.
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 creates a new factual basis for
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. This bill creates a new factual basis for the existing offense
of injuring a vulnerable road user by adding autocycles to the definition of a vulnerable road user.
From FY 2018-19 to FY 2020-21, 11 individuals have been convicted of and sentenced for this offense.
Of the persons convicted, 7 were male and 4 were female. Demographically, 10 were White and 1 was
Asian. Autocycles are already covered under the existing offense because of their current definition
as a motorcycle. Therefore, the fiscal note assumes that there will be no additional criminal case filings
or convictions for this offense as a result of this bill. Because the bill is not expected to have a tangible
impact on criminal justice-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 Revenue
The bill reduces state cash fund revenue to the Motorcycle Operator Safety Training (MOST) fund by
$488 in FY 2022-23 and out years from annual autocycle registration fees, which assumes the number
of registered autocycles in the state will remain constant. The bill also reduces state cash fund revenue
to the MOST fund by at least $244 over the next five years due to a reduction in autocycle licensing
fees. However, the annual distribution of these impacts will depend on the timing of license renewal
for autocycle owners. These revenue reductions are not expected to impact the MOST program's
operations, which are administered by the Colorado State Patrol in the Department of Public Safety.
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March 1, 2022 HB 22-1043
State Expenditures
State expenditures in the Department of Revenue (DOR) will increase by $15,976 in FY 2022-23 from
the General Fund, as described below.
Computer programming. The DOR will require one-time programming costs to update the Driver
License, Record, Identification and Vehicle Enterprise Solutions (DRIVES) system. Programming
costs are based on 56 hours of programming at a rate of $225 per hour, as well as $3,376 in other
implementation costs, which include implementation support to the vendor from DOR staff and
quality assurance support from the Office of Information Technology.
Title re-issuance. Costs will increase for the DOR to recall current autocycle titles, which are issued
as a motorcycle, and reissue those titles as a motor vehicle. These costs, including associated workload
and materials for new titles, are absorbable within existing appropriations.
Other updates. The DOR will update rules, forms, manuals, and the department's website to reflect
the change in law. Additionally, the DOR will provide training to authorized agents, Title and
Registration Section staff, and law enforcement. Any workload increases or costs associated with
these activities can be accomplished within existing appropriations.
Other Budget Impacts
TABOR refunds. The bill is expected to decrease the amount of state revenue required to be refunded
to taxpayers by the amounts shown in the State Revenue section above for FY 2022-23 and out years.
This estimate assumes the December 2021 LCS revenue forecast. A forecast of state revenue subject
to TABOR is not available beyond FY 2023-24. Because TABOR refunds are paid from the General
Fund, decreased cash fund revenue will increase the amount of General Fund available to spend or
save.
General Fund reserve. Under current law, an amount equal to 15 percent of General Fund
appropriations must be set aside in the General Fund statutory reserve beginning in FY 2022-23. Based
on this fiscal note, the bill is expected to increase the amount of General Fund held in reserve by $2,396
in FY 2022-23, which will decrease the amount of General Fund available for other purposes.
Local Government
In FY 2022-23, this bill will increase workload for local governments to update traffic regulations to
conform with the new definitions for motorcycles and autocycles.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no
referendum petition is filed. It applies to offenses committed on or after the bill’s effective date.
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March 1, 2022 HB 22-1043
State Appropriations
For FY 2022-23, the bill requires and includes an appropriation of $15,976 to the Department of
Revenue from the General Fund.
State and Local Government Contacts
Counties County Clerks Information Technology
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.