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February 7, 2024 SB 24-065
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-0837
Sen. Hansen; Fields
Rep. Froelich; Ortiz
Date:
Bill Status:
Fiscal Analyst:
February 7, 2024
Senate Transportation & Energy
Colin Gaiser | 303-866-2677
colin.gaiser@coleg.gov
Bill Topic: MOBILE ELECTRONIC DEVICES & MOTOR VEHICLE DRIVING
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill prohibits adults from using a mobile electronic device while driving, with
certain exceptions, and adjusts the classification, fine amounts, and license points for
this offense. The bill increases state and local revenue and expenditures on an
ongoing basis.
Appropriation
Summary:
For FY 2024-25, the bill requires an appropriation of $6,600 to the Department of
Revenue.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under SB 24-065
Budget Year
FY 2024-25
Out Year
FY 2025-26
Revenue - -
Expenditures Cash Funds $6,600 $7,040
Transfers - -
Other Budget Impacts - -
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February 7, 2024 SB 24-065
Summary of Legislation
Current law prohibits individuals under 18 years of age (minors) from using a wireless telephone
while driving, and prohibits adults from using a wireless telephone for the purpose of text
messaging or engaging in data entry while driving. The bill repeals and reenacts this section of
law to prohibit everyone from using a mobile electronic device while driving, with exceptions for
hands-free accessories, handheld radios, contacting a public safety entity, emergencies, and
certain job requirements.
The bill also updates penalties. Under current law, minors using a wireless telephone while
driving commit a class A traffic infraction, subject to 1 license suspension point and a
$50 penalty for the first violation and a $100 penalty for subsequent violations. Adults using a
wireless telephone for texting or data entry commit a class 2 misdemeanor traffic offense,
subject to 4 license suspension points and a $300 penalty. Under the bill, the offense is classified
as a class A traffic infraction for everyone, and the penalties are:
for a first offense, $75 fine and 2 license suspension points;
for a second offense within 24 months, $150 fine and 3 license suspension points; and,
for a third/subsequent offense within 24 months, $250 fine and 4 license suspension points.
A first-time violation will be dismissed if the individual produces a hands-free accessory or proof
of purchase of a hands-free accessory, and affirms under penalty of perjury that the individual
has not previously had a mobile electronic device charge dismissed. The bill does not authorize
the seizure and forfeiture of a mobile electronic device.
The bill also repeals two existing class 1 misdemeanor traffic offenses for adult texting results in
injury or death to another.
By October 1, 2024, the bill requires the executive director of the Department of Transportation
(CDOT), in consultation with the Colorado State Patrol (CSP), to create a campaign to raise
awareness of the bill requirements and the dangers of using mobile electronic devices when
driving
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.
Prior conviction data. The bill modifies two offenses, as discussed below.
Use of wireless devices under 18. This bill increases the penalties for individuals under
18 using a wireless telephone while driving, for both first and subsequent offenses. From
FY 2020-21 to FY 2022-23, 49 minors were sentenced for using a wireless phone while Page 3
February 7, 2024 SB 24-065
driving, including 1 second offense. This amounts to about 16 sentences pear year. Of the
minors convicted, 35 were male and 14 were female. Demographically, 40 were White,
4 were Black/African American, 3 were Hispanic, 1 was Asian, and 1 was classified as “Other.”
Adult texting and driving. This bill reclassifies the existing violation of using a wireless
telephone for the purpose of text messaging or engaging in data entry while driving from a
class 2 misdemeanor traffic offense to a class A traffic infraction and expands the offense to
include using a mobile electronic device while driving. From FY 2020-21 to FY 2022-23,
50 adults were sentenced for texting and driving. This amounts to about 17 sentences per
year. Of those convicted, 28 were male and 22 were female. Demographically, 44 were
White, 1 was Black/African American, 1 was Hispanic, 2 were Asian, and 2 were classified as
“Other.”
Assumptions. According to a 2022 CDOT Driving Behavior Survey, selecting entertainment on a
device (21 percent) and talking on a hands-free cellphone (15 percent) were the second and
third most common driving distractions after eating and drinking (36 percent). Only 7 percent of
recipients reported reading a message on a phone within the last 7 days, 4 percent sent a
message on their phone, and 2 percent talked with a cell phone in their hands. Based on this
information, the bill’s allowance for violation dismissals for first-time offenders, and the relatively
low occurrence of existing mobile device-related offenses, this analysis assumes that there will
be minimal additional case filings or convictions for the new offense under the bill. Visit
leg.colorado.gov/fiscalnotes for more information about criminal justice costs in fiscal notes.
State Revenue
Starting in FY 2024-25, the bill will minimally increase state revenue in the Highway Users Tax
Fund (HUTF) and cash funds in the Judicial Department, as described below.
Highway Users Tax Fund. The bill may increase fine revenue to the HUTF. As discussed in the
Comparable Crime Analysis, it is assumed that any revenue from traffic fines related to this
offense will be minimal. Revenue to the HUTF is distributed to CDOT (65 percent), counties
(26 percent), and municipalities (9 percent). Revenue to the HUTF is subject to the state’s TABOR
limit.
Judicial surcharges and cash funds. The bill will minimally increase state revenue to various
judicial cash funds from court fines and fees for the additional traffic offenses of adults using an
electronic device that does not include texting and driving. Similar to the HUTF revenue, the
fiscal note assumes that this increase will be minimal. Court fines and fees are subject to the
state’s TABOR limit.
State Expenditures
In FY 2024-25 only, state cash fund expenditures will increase by $6,900, and the bill may
minimally increase Judicial Department workload. Page 4
February 7, 2024 SB 24-065
Department of Revenue. The bill increases state expenditures in the Department of Revenue
(DOR) by $6,900 in FY 2024-25 for the first round of DRIVES programming and $7,040 in
FY 2025-26 for the second round of programming, paid from the DRIVES Cash Fund. The DOR
requires programming to update citations, fines, and license suspension points.
DRIVES programming background. The Division of Motor Vehicles in DOR uses its Driver
License, Record, Identification and Vehicle Enterprise Solution (DRIVES) information
technology system for all driver license and motor vehicle transactions. The DRIVES system
requires an extensive 18-month upgrade which is scheduled to take place from July 1, 2024,
through March 31, 2026. As a result, the DOR has requested that any new legislation
requiring DRIVES programming have an effective date of April 1, 2026, with roll-forward
spending authority through FY 2026-27, noting that each programming requirement during
the system upgrade period may increase the overall project timeline. Based on the current
effective date in the bill, the fiscal note includes costs for the DRIVES programming to take
place twice—in the existing and new system.
Judicial Department. Workload in the Judicial Department may minimally increase beginning in
FY 2024-25 to hear any additional cases as a result of the bill and to process first-time violations
being dropped due to a purchase of a hands-free device. No change in appropriations is
required.
Departments of Transportation and Public Safety. Starting in FY 2024-25, workload in CDOT
and CSP will increase to conduct a public awareness campaign on changes to permissible
mobile device use under the bill. CDOT already conducts a public awareness campaign on
distracted driving and the fiscal note assumes that the new requirement can be incorporated
into the current campaign. No change in appropriation is required.
Local Government
Beginning in FY 2024-25, this bill will increase local government revenues and expenditures, as
discussed below.
HUTF fine revenue. Similar to the state, the bill will minimally impact local government HUTF
revenue generated by traffic fines for transportation needs. Under current law, 26 percent of
HUTF revenue goes to counties and 9 percent goes to municipalities.
District and city attorneys. District attorneys may see an increase in workloads to prosecute
more traffic infractions. It is assumed that these violations will be in conjunction with other
traffic offenses, therefore, the expected increase in workload is assumed to be minimal. Traffic
offenses prosecuted in a municipal court will increase revenue and workload to that
municipality.
Denver County Court. Similar to state-funded courts, the bill will impact revenue, expenditures
and workload for the Denver County Court, which is managed and funded by the City and
County of Denver. Page 5
February 7, 2024 SB 24-065
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming
no referendum petition is filed.
State Appropriations
For FY 2024-25, the bill requires a $6,600 appropriation from the DRIVES Cash Fund to the
Department of Revenue.
State and Local Government Contacts
Corrections District Attorneys Judicial
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 the General Assembly website.