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June 21, 2024 SB 24-090
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Final Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-0645
Sen. Will; Bridges
Rep. Bird; Evans
Date:
Bill Status:
Fiscal Analyst:
June 21, 2024
Postponed Indefinitely
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 would have allowed drivers to use a digital version of their driver license or
permit and would have made it a class 2 misdemeanor traffic offense to refuse to
present identifying information to a peace officer. This bill may have increased state
and local revenue and expenditures on an ongoing basis.
Appropriation
Summary:
No appropriation was required.
Fiscal Note
Status:
This final fiscal note reflects the reengrossed bill. This bill was postponed indefinitely
by House Transportation, Housing, & Local Government committee on May 3, 2024;
therefore, the impacts identified in this analysis do not take effect.
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. Under the bill, if a person refuses to show a peace officer a driver license or
permit, the person must present personally identifying information. Refusal to present
identifying information to a peace officer is a class 2 misdemeanor traffic offense, however, the
bill prohibits the peace officer from arresting the individual unless the officer needs to ascertain
the person’s identity. Finally, the bill reduces the associated $35 penalty and $10 surcharge for
the current class A traffic infraction to a $15 penalty and $4 surcharge. Class 2 misdemeanor
traffic offenses are subject to 10 to 90 days imprisonment, a fine ranging from $150 to $300, or
both.
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June 21, 2024 SB 24-090
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.
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 creates the new offense of failing to present
personally identifying information to a peace officer, a class 2 traffic misdemeanor. To form an
estimate on the prevalence of this offense, the fiscal note analyzed the current offense of
refusing to present a driver license to a peace officer, a class A traffic infraction. 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 license 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 the bill will impact state revenue in
two ways. First, if the bill results in additional traffic misdemeanor fines and surcharges from the
new offense, revenue to the Highway Users Tax Fund (HUTF) and associated judicial cash funds
will increase. However, revenue to the HUTF and associated judicial cash funds will decrease
under the bill due to the reduction in the penalty and surcharge of the current class A traffic
infraction. Overall, any impact to state revenue will be minimal. These fees and surcharges are
subject to TABOR.
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 new offense increases court cases or probation sentences. Due to the low Page 3
June 21, 2024 SB 24-090
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 if the bill reduces penalty
assessments. No change in appropriations is required.
Local Government
To the extent there are more individuals convicted from the bill’s new offense, county jail costs
and county fine revenue may increase. However, fine revenue may decrease due to the lower
penalty amounts for the class A traffic infraction. Similar to the state, any impact is expected to
be minimal.
Effective Date
The bill takes effect March 31, 2025, and applies to offenses committed on or after that date.
State and Local Government Contacts
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.