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February 7, 2023 SB 23-028
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0651
Sen. Gonzales
Rep. Epps; Soper
Date:
Bill Status:
Fiscal Analyst:
February 7, 2023
Senate Judiciary
Colin Gaiser | 303-866-2677
colin.gaiser@coleg.gov
Bill Topic: PENALTY FOR COMMERCIAL VEHICLE OFFENSES
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill clarifies the penalty for certain offenses involving the operation of a commercial
vehicle. The bill increases state revenue and expenditures on an ongoing basis.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Summary of Legislation
This bill clarifies the penalty for class A traffic infractions involving the operation of a commercial
vehicle that were modified under Senate Bill 21-271. Specifically, the bill removes the possibly of
imprisonment in a county jail and makes the penalty a $100 fine with a $15 surcharge payable to the
Department of Revenue.
Background
SB 21-271 reclassified various crimes, created a new “civil infraction” classification, and modified
punishments for class 1 and 2 misdemeanors, petty offenses, and civil infractions. In that bill, offenses
involving the operation of a commercial vehicle were reduced from a misdemeanor to a class A traffic
infraction; however, the punishment for the misdemeanor offense was retained.
State Revenue
Starting in FY 2023-24, the bill will minimally impact state traffic fine revenue. First, revenue to the
Department of Revenue will increase and revenue to the courts will decrease as more people pay their
penalty assessment to the DOR instead of the courts. In addition, to the extent individuals were being
fined more than $100, revenue will decrease and to the extent individuals were fined less than $100, Page 2
February 7, 2023 SB 23-028
revenue will increase. At this time, it is unknown what the average fine for this penalty is under
current law. 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. In
addition, the DOR retains 50 cents per penalty assessed. Fines and fees are subject to the state’s TABOR
limit.
State Expenditures
In FY 2023-24 only, the DOR will need to update its Driver License, Record, Identification, and Vehicle
Enterprise Solutions (DRIVES) system to update the common code penalty assessment for commercial
vehicle offenses. Programming costs assume 8 hours at a rate of $225 for a cost of $1,800. Office of
Information Technology (OIT) support requirements are estimated at 3 hours at a rate of $99 per hour,
totaling $297. These costs are absorbable and no change in appropriations is required.
Local Government
Similar to the state, to the extent traffic fine collection amounts change as a result of the bill, revenue
to local governments will change. Any impact is expected to be minimal.
Technical Note
Per the bill’s safety clause, the bill is effective upon the Governor’s signature. However, the required
DRIVES programming cannot be completed by the effective date of the bill. The fiscal note assumes
DOR will not be able to process the infractions under the new DRIVES system until October 1, 2023.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State and Local Government Contacts
District Attorneys Judicial Public Safety
Information Technology 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.