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February 7, 2023 HB 23-1123
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0107
Rep. Lindsay
Sen. Bridges
Date:
Bill Status:
Fiscal Analyst:
February 7, 2023
House Trans. Local Govt.
Aaron Carpenter | 303-866-4918
aaron.carpenter@coleg.gov
Bill Topic: MOVE OVER OR SLOW DOWN STATIONARY VEHICLE
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☒ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill requires drivers to exhibit due care and caution when approaching or passing
a stationary motor vehicle giving a hazard signal. Starting in FY 2023-24, the bill will
minimally increase state and local revenue and expenditures.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill, which was recommended by the
Transportation Legislation Review Committee.
Summary of Legislation
Under current law, a driver must exhibit due care and caution by moving one lane over or, if moving
over is not possible, reducing and maintaining a safe speed when approaching or passing a stationary
authorized emergency vehicle, towing carrier, public utility service vehicle, or motor vehicle whose
tires are being equipped with chains. The bill adds stationary motor vehicles giving a hazard signal
to this list. Failure to exhibit due care and caution is considered careless driving, which can range
from a class 2 traffic misdemeanor to a class 6 felony, depending on if the driver’s actions are
proximate cause of injury or death.
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. The following sections outline data on crimes that are comparable to the offense in
this bill and discuss assumptions on future rates of criminal convictions resulting from the bill.
Prior conviction data and assumption. This bill creates a new factual basis for the existing offense of
not yielding to an emergency vehicle or other stationary vehicle by adding motor vehicles using a
hazard signal. From FY 2019-20 to FY 2021-22, 230 individuals were sentenced for failing to exhibit Page 2
February 7, 2023 HB 23-1123
due care and caution when approaching or passing certain vehicles. Of those sentenced, 151 were
male and 79 were female. Demographically 179 were white, 21 were Black, 15 were Hispanic, 10 were
Asian, 4 were classified as other and 1 was classified as unknown. Visit leg.colorado.gov/fiscalnotes
for more information about criminal justice costs in fiscal notes.
Assumptions. The fiscal note assumes that drivers that fail to exhibit due care and caution when
approaching or passing a vehicle displaying a hazard signal may be prosecuted for careless driving
under current law. Therefore, the fiscal note assumes that there will be a minimal increase in criminal
filings as a result of the bill.
State Revenue and Expenditures
Based on the assumptions above, this analysis assumes that there will be a minimal impact on state
revenue and expenditures. Under the bill, criminal fines and court fees, which are subject to TABOR,
may increase by a minimal amount. Traffic fines are deposited to the Highway Users Trust Fund
(HUTF) and are distributed to CDOT (65 percent), counties (26 percent), and municipalities
(9 percent), while other criminal surcharges and court fees are distributed to various cash funds in the
Judicial Department. Similarly, any increase in workload and costs for the Judicial Department,
including the trial courts, Division of Probation, and agencies that provide representation to indigent
persons, and to the Department of Corrections, are assumed to be minimal and no change in
appropriations is required.
Local Government
Similar to the state, it is expected that any revenue to counties and municipalities from the HUTF and
workload to district attorneys to prosecute more offenses will be minimal. District attorney offices are
funded by counties.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no
referendum petition is filed, and applies to offenses committed on or after this date.
State and Local Government Contacts
Counties Information Technology Judicial
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.