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January 31, 2024 SB 24-090
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-0645
Sen. Will; Bridges
Rep. Bird; Evans
Date:
Bill Status:
Fiscal Analyst:
January 31, 2024
Senate Judiciary
Aaron Carpenter | 303-866-4918
aaron.carpenter@coleg.gov
Bill Topic: POSSESS IDENTIFICATION WHILE DRIVING
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill allows drivers to use a digital version of their driver license or permit and
makes it a class 2 misdemeanor traffic offense to refuse to present a license or permit
to a peace officer. This bill may increase state and local revenue and expenditures 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 modifies two identification-related traffic offenses.
Under current law, it is a class B traffic infraction to drive without a physical driver license, minor
license, or instruction permit in the driver’s immediate possession. The bill allows drivers to use a
digital version of their license or permit when not in immediate possession of the physical
license or permit.
Under current law, it is a class A traffic infraction to refuse to show a peace officer a driver
license or permit. The bill makes refusal to present a physical or digital driver license or permit
to a peace officer a class 2 misdemeanor traffic offense, and removes the associated $35 penalty
and $10 surcharge from the offense. Class 2 misdemeanor traffic offenses are subject to 10 to
90 days in prison, a fine ranging from $150 to $300, or both.
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. Using Judicial Department data, 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
January 31, 2024 SB 24-090
Driving without driver license in possession. This bill modifies the offenses of driving without
a driver license in one’s possession, a class B traffic infraction. From FY 2020-21 to FY 2022-23,
1,087 individuals have been convicted and sentenced for this existing offense. Of the persons
convicted, 714 were male, 362 were female, and 11 were unknown. Demographically, 832 were
White, 109 were Black/African American, 92 were Hispanic, 5 were Asian, 4 were American
Indian, 27 were classified as “Other,” and 18 did not have a race identified.
Refusing to present a driver license. This bill reclassifies the existing offense of refusing to
present a driver license to a peace officer from a class A traffic infraction to a class 2 traffic
misdemeanor. From FY 2020-21 to FY 2022-23, 6 individuals have been convicted and sentenced
for this existing offense. Of the persons convicted, 4 were male, and 2 were female.
Demographically, 5 were White, and 1 was Hispanic.
Assumptions. The fiscal note assumes that allowing drivers to use a digital license will minimally
decrease sentences for driving without a driver licenses in one’s possession. In addition, because
there are also a minimal number of convictions for refusing to present a driver license to a peace
officer, the fiscal note assumes the bill’s overall impact to the criminal justice system will be
minimal. Visit leg.colorado.gov/fiscalnotes for more information about criminal justice costs in
fiscal notes.
State Revenue
Based on the assumptions above, this analysis assumes that there will be a minimal impact on
state revenue and expenditures. Under the bill, criminal fines and court fees, which are subject to
TABOR, may increase. In addition, revenue to the Highway Users Tax Fund (HUTF) will increase
due to the increased fine penalty. Expected increases in revenue are assumed to be minimal.
State Expenditures
Starting in FY 2024-25, workload may increase to the Judicial Department, including the trial
courts, Division of Probation, and agencies that provide representation to indigent persons, to
the extent the bill’s higher sentence increases court cases. Due to the low number of cases
under current law for this offense, the fiscal note assumes any impact will be minimal and no
change in appropriations is required.
Additionally, workload to the Department of Revenue will be minimally impacted in two ways.
Workload will increase to update the DRIVES system, and will decrease from a reduction in
penalty assessments. No change in appropriations is required.
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January 31, 2024 SB 24-090
Local Government
To the extent there are more individuals convicted from the bill’s offense reclassification, county
jail costs and county fine revenue may increase. Similar to the state, any impact is expected to
be minimal.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his
signature, and applies to offenses committed on or after that date.
State and Local Government Contacts
District Attorneys Judicial Revenue
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.