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February 1, 2024 SB 24-079
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-0466
Sen. Hinrichsen; Smallwood
Rep. Mabrey
Date:
Bill Status:
Fiscal Analyst:
February 1, 2024
Senate Transportation & Energy
Colin Gaiser | 303-866-2677
colin.gaiser@coleg.gov
Bill Topic: MOTORCYCLE LANE FILTERING & PASSING
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill authorizes a two-wheeled motorcycle to pass another vehicle in the same lane
under certain conditions. It may decrease state and local revenue and workload on an
ongoing basis.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Summary of Legislation
The bill authorizes a two-wheeled motorcycle to pass another vehicle in the same lane if:
the overtaken vehicle is stopped or moving in the same direction of travel;
lanes are wide enough for the motorcycle to pass safely;
the motorcycle is driving 20 miles per hour or less; and
conditions allow the motorcycle to pass safely.
The bill prohibits a motorcycle from overtaking or passing a vehicle:
on the right shoulder;
to the right of a vehicle on the farthest right-hand lane if the highway is not limited access;
or
in a lane of traffic moving in the opposite direction.
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. Page 2
February 1, 2024 SB 24-079
Prior conviction data. This bill modifies the existing offense of driving a motorcycle between
lanes of traffic by allowing it under certain conditions. From FY 2020-21 to FY 2022-23,
three people have been convicted and sentenced for this offense. Of the persons convicted, all
three were male and all three were White. The fiscal note assumes the bill will result in a minimal
decrease in case filings or convictions. Visit leg.colorado.gov/fiscalnotes for more information
about criminal justice costs in fiscal notes.
State Revenue and Expenditures
Based on the assumptions above, this analysis assumes that there will be a minimal impact on
state revenue and expenditures. Fine revenue from traffic infractions to the Highway Users Trust
Fund (HUTF), which is subject to TABOR, may decrease by a minimal amount. Similarly, any
decrease in workload and costs for the Judicial Department, including the trial courts, Division of
Probation, and agencies that provide representation to indigent persons are assumed to be
minimal and no change in appropriations is required.
Local Government
Similar to the state, it is expected that any workload or cost decreases for district attorneys to
prosecute fewer offenses will be minimal. HUTF revenue generated by traffic fines is distributed
to counties (26 percent) and municipalities (9 percent) for transportation needs.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming
no referendum petition is filed, and applies to offenses committed on or after that date.
State and Local Government Contacts
Counties Judicial Public Safety
Regional Transportation District 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.