[1] NOTE: As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature. The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

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F I S C A L I M P A C T R E P O R T

SPONSOR:	Park		DATE TYPED:	02/08/02		HB	429/aHCPAC
SHORT TITLE:		Parking and Traffic Citations				SB
					ANALYST:		Sandoval

APPROPRIATION

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

FY02

FY03

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC files

Responses Received

State Highway and Transportation Department (SHTD)

Administrative Office of the Courts (AOC)

Department of Public Safety (DPS)

No Response

Department of Finance and Administration (DFA)

SUMMARY

Synopsis of HCPAF Amendment.

The House Consumer and Public Affairs Committee amends House Bill 429 by eliminating the requirement that counties and municipalities are to submit all penalty assessment receipts to the State Treasurer for credit to the general fund.

Synopsis of Original Bill

House Bill 429 amends certain sections of the motor vehicle code to authorize payment of penalty assessments by credit card. It also allows law enforcement officers to complete the uniform traffic

citation electronically. This bill specifically recognizes that public employees may be granted special commissions to enforce parking violations. References made throughout this bill by the addition of the word “county”, imply that counties may establish traffic ordinances and handle penalty assessments accordingly.

Significant Issues.

According to the Department of Public Safety, “Electronically preparing traffic citations and paying penalty assessments by credit card should expedite paperwork in this area. Careful consideration must be given to the implied authorization of counties to pass traffic ordinances and keep penalty assessment revenue.”

FISCAL IMPLICATIONS

Indeterminate.

ADMINISTRATIVE IMPLICATIONS

According to the Administrative Office of the Courts, “There will be a minimal administrative cost for statewide update, distribution, and documentation of statutory changes.”

TECHNICAL ISSUES

According to the Department of Public Safety, the amendments in Section 2 of this bill state that counties and municipalities shall remit all penalty assessment receipts to the State Treasurer. However, section 6 of this bill states that penalty assessment revenues under county or municipal programs are to be deposited in the treasury of the county or the municipality. This would appear to be a conflict within the bill.

OTHER SUBSTANTIVE ISSUES

According to the State Highway and Transportation Department, automated citations are an initiative for data integration in the improvement of traffic records. Efforts are being coordinated by the department’s Traffic Safety Bureau with other entities involved in the initiation, collection, sharing, storage and delivery of traffic records information.

POSSIBLE QUESTIONS

1. How are credit card fees to be paid? (Will there be an additional charge to cover payment by credit card?)

2. Are counties and municipalities to retain revenues generated by traffic citations to be expended as described in section 6 of this bill or are these revenues to be deposited with the State Treasurer as described in section 2 of this bill?