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April 24, 2023 SB 23-200
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated April 11, 2023)
Drafting Number:
Prime Sponsors:
LLS 23-0912
Sen. Winter F.
Rep. Froelich
Date:
Bill Status:
Fiscal Analyst:
April 24, 2023
House Trans. & Local Govt.
Colin Gaiser | 303-866-2677
colin.gaiser@coleg.gov
Bill Topic: AUTOMATED VEHICLE IDENTIFICATION SYSTEMS
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☒ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill establishes new regulations on the use of Automated Vehicle Identification
Systems (AVIS) by state, county, and city jurisdictions. It increases state and local
expenditures in FY 2023-24 and impacts state and local revenue on an ongoing basis.
Appropriation
Summary:
For FY 2023-24, the bill requires and includes an appropriation of $118,100 to the
Department of Revenue, of which $16,236 is reappropriated to the Office of
Information Technology.
Fiscal Note
Status:
This revised fiscal note reflects the reengrossed bill.
Table 1
State Fiscal Impacts Under SB 23-200
Budget Year
FY 2023-24
Out Year
FY 2024-25
Revenue Cash Funds $325 $3,800
Expenditures Cash Fund $118,100 -
Transfers - -
Other Budget Impacts TABOR Refund $325 $3,800
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April 24, 2023 SB 23-200
Summary of Legislation
The bill regulates the use of Automated Vehicle Identification Systems (AVIS) by the state, counties,
consolidated cities and counties, and municipalities. The bill:
removes the requirement that penalty assessment notices or summons be served and allows it to
be sent through mail;
changes the deadlines when a jurisdiction is required to issue a notice for a violation detected by
AVIS from 90 days to 30 days for vehicles registered in-state and 60 days for vehicles registered
outside the state.
requires drivers to pay the notice unless the driver requests a hearing to dispute the violation;
requires a jurisdiction implementing a new AVIS system to announce the system’s implementation
through its website for at least 30 days prior to the use of the system, and issue only warnings for
the first 30 days after the system is installed or deployed;
requires the jurisdiction to report unpaid violations to the Department of Revenue (DOR), and
instructs the DOR to keep a record of unpaid violations and prohibit the renewal of the registration
or prohibit the transfer of title until the penalty is paid. The DOR is allowed to collect a
$25 administration fee to cover its administration costs;
requires the jurisdiction to document data – collected within the last five years – on crashes,
speeding, reckless driving, and community complaints on a street designated as an AVIS corridor;
requires a county or municipality implementing a new AVIS system to publish a report on its
website disclosing the number of citations and revenue generated by the AVIS corridor;
allows a municipality to designate all or a portion of a street as an AVIS corridor within which the
municipality may locate a system to detect traffic violation under specified circumstances;
permits a jurisdiction to compensate a manufacturer or vendor of AVIS system equipment; and
restricts when AVIS may take photographs and requires most photographs and videos to be
destroyed after a specified period.
State Revenue
Administration fee. Starting on June 1, 2024, state revenue to the DRIVES vehicle services account
will increase by an estimated $3,800 per year from a $25 administration fee from unpaid violations
recorded by traffic control devices reported to the DOR. Revenue for FY 2023-24 assumes one month
of fee collection. This fiscal note assumes there will be 152 violations per year, based on a three-year
average of failure-to-pay citations applied to driver records for failure to comply with a traffic control
device. To the extent there are additional AVIS systems statewide that do not currently report unpaid
citations to the DOR, revenue could increase above this estimate.
State Expenditures
The bill increases state expenditures in the DOR by $118,200 in FY 2023-24, paid from the DRIVES
Cash Fund. Expenditures are shown in Table 3 and detailed below.
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April 24, 2023 SB 23-200
Table 3
Expenditures Under SB 23-200
FY 2023-24 FY 2024-25
Department of Revenue
DRIVES Programming $101,864 -
OIT Support $16,236 -
Total Cost $118,100 -
DRIVES programming. The DOR must update the Driver License, Record, Identification, and Vehicle
Enterprise Solutions (DRIVES) system to allow the DOR to record and track unpaid violations, to
suspend registrations, and to prohibit title transfers due to unpaid violations in DRIVES.
Programming costs assume 428 hours at $238 per hour for a cost of $101,864 in FY 2023-24 only. Office
of Information Technology (OIT) support requirements are estimated at 164 hours at a rate of $99 per
hour, which will be appropriated to the DOR and reappropriated to OIT.
Training and materials updates. The DOR will have to develop additional processes, training, and
materials for the prohibition of title transfers as specified in this bill. The DOR will also need to engage
in rulemaking regarding the suspension of registrations to codify these impacts on the DOR, customer,
and stakeholder agencies. The additional workload increases and costs associated with these activities
can be accomplished within existing resources.
Other Budget Impacts
TABOR refunds. The bill is expected to increase the amount of state revenue required to be refunded
to taxpayers by the amounts shown in the State Revenue section above. This estimate assumes the
March 2023 LCS revenue forecast. A forecast of state revenue subject to TABOR is not available
beyond FY 2024-25. Because TABOR refunds are paid from the General Fund, increased cash fund
revenue will increase the amount of General Fund available to spend or save.
Local Government
Local government revenue. The bill will likely increase revenue to local governments that implement
AVIS by increasing the number of civil penalties that are paid in a timely manner. It is assumed
persons committing violations will be more likely to pay in order to avoid having their registration
suspended or ability to transfer title restricted. Also, the ability to issue citations by mail, without the
need to issue a summons, will also result in increased collections. This impact will vary by jurisdiction
and their use of AVIS.
Local government expenditures. The bill may increase workload and expenditures for municipalities
and other local jurisdictions that use AVIS. It moves up the deadline in which a jurisdiction is required
to issue a violation notice, and requires a jurisdiction implementing a new AVIS system to announce
the system’s implementation through its website for at least 30 days. It also requires a county or
municipality to document five years of data on traffic incidents on streets designated as an AVIS Page 4
April 24, 2023 SB 23-200
corridor, and requires the county or municipality implementing a new AVIS system to publish a
report on its website disclosing the number of citations and revenue generated by the AVIS corridor.
These new requirements may require additional staff time. In addition, jurisdictions installing AVIS
systems may incur additional costs if they choose to compensate vendors or manufacturers of AVIS
equipment.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature;
except that, the provisions that allow the DOR to prohibit registration renewals or title title transfers,
and to collect an administration fee take effect on June 1, 2024.
State Appropriations
For FY 2023-24, the bill requires an appropriation of $118,100 from the DRIVES Cash Fund to the
Department of Revenue, of which $16,236 will be reappropriated to the Office of Information
Technology.
State and Local Government Contacts
Corrections Counties County Treasurers
County Clerks Information Technology Municipalities
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.