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June 3, 2024 SB 24-079
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Final Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-0466
Sen. Hinrichsen; Smallwood
Rep. Mabrey; Weinberg
Date:
Bill Status:
Fiscal Analyst:
June 3, 2024
Signed into Law
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 final fiscal note reflects the enacted 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;
the motor vehicles in the adjacent lanes, if the lanes are for the same direction of travel as
the lane occupied by the motorcycle, are stopped;
lanes are wide enough for the motorcycle to pass safely;
the motorcycle is driving 15 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.
These provisions repeal on September 1, 2027. By January 1, 2027, the Department of
Transportation must issue a report to the General Assembly on motorcycle collisions before and
after the bill’s implementation date.
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June 3, 2024 SB 24-079
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. 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
The bill may decrease fine revenue from traffic infractions to the Highway Users Tax Fund
(HUTF), which is subject to TABOR. Based on the assumptions above, this fiscal note assumes
any decrease in fine collection will be minimal.
State Expenditures
Judicial Department. The bill may decrease workload and costs in the Judicial Department,
including the trial courts, Division of Probation, and agencies that provide representation to
indigent persons. The fiscal note assumes minimal impacts.
Department of Transportation. The bill requires CDOT to report on motorcycle collisions
before and after the bill’s implementation in FY 2026-27. Because CDOT already maintains a
public collection of crash data, any workload increase would originate from sorting and
communicating the data. This can be accomplished with existing resources.
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 was signed into law by the Governor on April 4, 2024, and takes effect on
August 7, 2024, assuming no referendum petition is filed.
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June 3, 2024 SB 24-079
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.