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January 15, 2024 HB 24-1055
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-0248
Rep. Froelich; Pugliese
Sen. Winter F.; Priola
Date:
Bill Status:
Fiscal Analyst:
January 15, 2024
House Trans., Hous. & Local Govt.
Shukria Maktabi | 303-866-4720
shukria.maktabi@coleg.gov
Bill Topic: CHILD PASSENGER SAFETY & EDUCATION
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☒ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill creates a grant program within the Department of Transportation and
modifies child restraint system laws to increase child passenger safety. The bill
increases state expenditures and may increase revenue on an ongoing basis
beginning in FY 2024-25.
Appropriation
Summary:
For FY 2024-25, the bill requires an appropriation of $500,000 to the Department of
Transportation.
Fiscal Note
Status:
The fiscal note reflects the introduced bill, which was recommended by the
Transportation Legislation Review Committee.
Table 1
State Fiscal Impacts Under HB 24-1055
Budget Year
FY 2024-25
Out Year
FY 2025-26
Revenue
- -
Expenditures Child Passenger Safety Grant Fund $500,000 $500,000
Total Expenditures $500,000 $500,000
Total FTE 0.3 FTE 0.5 FTE
Transfers General Fund
($500,000) ($500,000)
Child Passenger Safety Grant Fund $500,000 $500,000
Net Transfer $0
$0
Other Budget Impacts General Fund Reserve $75,000 $75,000
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The fiscal note assumes the bill’s transfer will be made through an appropriation of General Fund to a cash fund. Page 2
January 15, 2024 HB 24-1055
Summary of Legislation
The bill creates the Child Passenger Safety Education and Distribution Grant Program within the
Department of Transportation (CDOT) to fund the certification of child passenger safety
technicians and programs that educate and increase access to child restraint systems. CDOT
must develop and administer the grant program by January 1, 2025, and must report annually
on the program to the General Assembly by December 1, 2026. The grant program repeals
September 1, 2030.
The bill creates the Child Passenger Safety Education and Distribution Grant Program Fund for
the grant program that will consist of any appropriations made by the General Assembly and
any gifts, grants, or donations from private or public sources. Subject to annual appropriation,
funds may be used to cover the costs of administering the grant program and any remaining
funds will be transferred to the General Fund on August 30, 2030.
The bill also makes changes to existing child restraint systems laws, including:
increasing the age of children who must use a child restraint system from under eight to
under nine years of age, and adding a requirement that any child under 57 inches in height
must use a child restraint system;
increasing the age and weight of children who must be restrained in a rear-facing child
restraint system from under one year to under two years of age and from under 20 pounds
to under 40 pounds;
increasing the age of children who must be restrained in a rear-facing or forward-facing
child restraint system from one year or older to two years or older;
adding a requirement that children aged four to nine who weigh at least 40 pounds must
use a booster seat in a rear seat, if available; and
adding a requirement that children aged nine to 13 must sit in a rear seat, if available, and
use a seat belt.
Assumptions
The bill does not specify funding for the grant program, which is at the discretion of the General
Assembly. The fiscal note assumes $500,000 will be made available annually for grant
administration and funding based on similar safety grant programs.
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 section outlines crimes that are comparable to the
offense in this bill and discusses assumptions on future rates of criminal convictions resulting
from the bill.
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January 15, 2024 HB 24-1055
Prior conviction data and assumptions. This bill creates new class B traffic infractions related
to child passenger safety, including failing to use a child restraint system for children under
57 inches in height, failing to use a booster seat for children aged four to nine, and failing to use
a seat beat for children aged nine to 13. This bill also expands the requirements for the existing
offense of failing to properly use child restraint systems. To form an estimate on the prevalence
of these crimes, the fiscal note analyzed the existing offense of violating the proper use of child
restraint systems in motor vehicles as a comparable crime. From FY 2020-21 to FY 2022-23,
1,655 have been convicted and sentenced for this existing offense. Of the persons convicted,
790 were male, 858 were female, and 7 did not have a gender identified. Demographically,
1,250 were White, 132 were Black/African American, 172 were Hispanic, 8 were Asian, 42 were
American Indian, 35 were classified as "Other," and 16 did not have a race identified.
The fiscal note assumes that any impact on criminal justice-related revenue or expenditures at
the state or local levels will be minimal; therefore, 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 may increase state revenue to the Child Passenger Safety Education and Distribution
Grant Program Fund from gifts, grants, or donations; however, no sources have been identified
at this time. Gifts, grants, and donations are exempt from TABOR revenue limits.
State Transfer
As discussed in the Assumptions section, the bill is assumed to require an annual transfer of
$500,000 from the General Fund to the Child Passenger Safety Education and Distribution Grant
Program Fund beginning in FY 2024-25. Any unspent funding remains in the fund at the end of
each fiscal year until the program’s repeal, at which point any unspent funding must be
transferred to the General Fund on August 30, 2030. The timing and amount of any transfers to
the fund will be at the discretion of the General Assembly, which will affect the amount of
funding available for grants each year.
State Expenditures
Beginning in FY 2024-25, the bill increases state expenditures in the CDOT by $500,000 per year,
paid from the Child Passenger Safety Education and Distribution Grant Program Fund.
Expenditures are shown in Table 2 and described below. Workload will also increase for the
Department of Public Safety and Department of Public Health and Environment beginning in
FY 2024-25.
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January 15, 2024 HB 24-1055
Table 2
Expenditures Under HB 24-1055
FY 2024-25 FY 2025-26
Department of Transportation
Personal Services $15,194 $26,046
Operating Expenses - $675
Capital Outlay Costs $6,670 -
Child Passenger Safety Education Grant $473,260 $465,083
Employee Insurance and Supplemental Retirement $4,876 $8,196
Total Cost $500,000 $500,000
Total FTE 0.3 FTE 0.5 FTE
Department of Transportation. Beginning in FY 2024-25, expenditures will increase in CDOT to
administer the grant program.
Staff. CDOT requires 0.5 FTE for grant administration activities, including developing
program policies, reviewing applications, providing technical assistance, collecting data and
reporting. The remaining funds will be available for grants. Staff costs are prorated the first
year for a December 1, 2024, start date, and include standard operating, capital outlay, and
other overhead costs.
Grant program. Beginning in FY 2024-25, the remainder of the funding will be used by
CDOT to provide grant awards to qualifying programs. Grant amounts and recipients will be
determined by CDOT, based on the amount of funding available for the program after
administrative expenses. Program funding levels are assumptions only; actual funding will be
determined by the General Assembly.
Other departments. Beginning in FY 2024-25, workload will increase for the Department of
Public Safety and Department of Public Health and Environment to help CDOT develop rules
and implement the grant program. This workload is expected to be minimal and can be
accomplished within existing appropriations.
Other Budget Impacts
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. Based on this fiscal note,
the bill is expected to increase the amount of General Fund held in reserve by the amounts
shown in Table 1, decreasing the amount of General Fund available for other purposes.
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January 15, 2024 HB 24-1055
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his
signature.
State Appropriations
For FY 2024-25, the bill requires an appropriation of $500,000 from the Child Passenger Safety
Education and Distribution Grant Program Fund to the Department of Transportation, and
0.3 FTE.
State and Local Government Contacts
Counties District Attorneys Information Technology
Judicial Law Public Health and Environment
Public Safety Revenue Transportation
Treasury
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.