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May 6, 2024 SB 24-065
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated February 7, 2024)
Drafting Number:
Prime Sponsors:
LLS 24-0837
Sen. Hansen; Fields
Rep. Froelich; Ortiz
Date:
Bill Status:
Fiscal Analyst:
May 6, 2024
Conference Committee
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; adjusts the classification, fine amounts, and license points for this
offense; and limits when peace officers can write a citation. The bill increases state and
local revenue and expenditures on an ongoing basis.
Appropriation
Summary:
For FY 2024-25, the bill requires and includes an appropriation of $6,600 to the
Department of Revenue.
Fiscal Note
Status:
The revised fiscal note reflects the rerevised 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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May 6, 2024 SB 24-065
Summary of Legislation
The bill modifies laws and updates penalties related to the use of a mobile electronic device
while driving.
Prohibition on use of mobile electronic devices while driving. 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.
Law enforcement may not stop or cite an individual for a violation of this prohibition unless they
see an individual actively using a mobile electronic device while driving and the driver was in a
designated zone or if the individual committed certain traffic offenses.
Penalties. 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.
Awareness campaign. 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 culturally and linguistically competent campaign to raise awareness of the bill
requirements and the dangers of using mobile electronic devices when driving.
TLRC reporting. By May 15, 2026, and each year thereafter, the CSP and each local law
enforcement agency that employs peace offices must submit certain information to the
Transportation Legislation Review Committee (TLRC) on each citation issued as a result of the
bill, including demographic information, action taken by the officer, and whether the individual
was searched. During the 2029 legislative interim, the TLRC must make a recommendation
regarding whether to continue the prohibition on mobile electronic devices while driving.
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May 6, 2024 SB 24-065
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
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, the relatively low
occurrence of existing mobile device-related offenses, and the fact the bill limits where and
when individuals may be pulled over, this analysis assumes that there will be minimally impact
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 impact 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, if the bill increases
the number of traffic tickets from adults using an electronic devise and driving. Conversely,
revenue will decrease if there are less tickets due to the fact peace officers will only be able to
pull over individuals in certain zones or areas. As discussed in the Comparable Crime Analysis, it Page 4
May 6, 2024 SB 24-065
is assumed that any revenue impact 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. Similarly, the bill will minimally impact state revenue to
various judicial cash funds from court fines and fees depending on if the bill increases or
decreases additional traffic. Similar to the HUTF revenue, the fiscal note assumes that this impact
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 workload for other departments.
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. In addition, workload may decrease to
the extent peace officers are more limited in writing tickets for using an electronic device. No
change in appropriations is required.
Departments of Transportation. Starting in FY 2024-25, workload in CDOT 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 appropriations is required.
Department of Public Safety. Workload will increase for the DPS to coordinate with CDOT on
the required public awareness campaign. Starting in 2026, the bill also requires the DPS to
report certain information to the TLRC on citations issued as a result of the bill. These workload
requirements can be accomplished with existing resources, and no change in appropriations is
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May 6, 2024 SB 24-065
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 or a decrease to the extent the bill leads to less tickets. It is assumed that
the impact will be minimal. Traffic offenses prosecuted in a municipal court may increase
revenue and workload to that municipality.
Denver County Court. Similar to state-funded courts, the bill may impact revenue, expenditures
and workload for the Denver County Court, which is managed and funded by the City and
County of Denver.
Law enforcement agencies. Starting in 2026, local law enforcement agencies that employ
peace officers are required to report certain information to the TLRC on citations issued as a
result of the bill.
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 and includes 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.