State Bill Colorado

Amendments for SB24-065

Senate Journal, February 13
After consideration on the merits, the Committee recommends that SB24-065 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 5, after line 16 insert:

"(III) WHEN AN EMPLOYEE OR CONTRACTOR OF A CITY OR COUNTY IS
ACTING WITHIN THE SCOPE OF THE EMPLOYEE'S OR CONTRACTOR'S DUTIES AS A
CODE ENFORCEMENT OFFICER OR ANIMAL PROTECTION OFFICER;".

Renumber succeeding subparagraphs accordingly.

Senate Journal, March 8
After consideration on the merits, the Committee recommends that SB24-065 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 8, after line 17 insert:

"SECTION 5. Appropriation. For the 2024-25 state fiscal year,
$6,900 is appropriated to the department of revenue for use by the division of
motor vehicles. This appropriation is from the Colorado DRIVES vehicle
services account in the highway users tax fund created in section 42-1-211(2),
C.R.S. To implement this act, the department may use this appropriation for
DRIVES maintenance and support.".

Renumber succeeding section accordingly.

Page 1, line 102, strike "VEHICLE." and substitute "VEHICLE, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".

Appro-
priations

House Journal, May 4
21 Amendment No. 1, by Representative Froelich:
22
23 Amend reengrossed bill, page 7, line 3, after "A" insert "CULTURALLY
24 AND LINGUISTICALLY COMPETENT".
25
26 Amendment No. 2, by Representative Froelich:
27
28 Amend reengrossed bill, page 9, strike lines 2 through 11 and substitute:
29
30 "SECTION 6. Act subject to petition - effective date -
31 applicability. (1) Except as specified in subsection (2) of this section,
32 this act takes effect at 12:01 a.m. on the day following the expiration of
33 the ninety-day period after final adjournment of the general assembly;
34 except that, if a referendum petition is filed pursuant to section 1 (3) of
35 article V of the state constitution against this act or an item, section, or
36 part of this act within such period, then the act, item, section, or part will
37 not take effect unless approved by the people at the general election to be
38 held in November 2024 and, in such case, will take effect on the date of
39 the official declaration of the vote thereon by the governor.
40 (2) Section 42-4-239, Colorado Revised Statutes, as amended in
41 section 1 of this act, takes effect January 1, 2025.
42 (3) This act applies to conduct occurring on or after the applicable
43 effective date of this act.".
44
45 Amendment No. 3, by Representative Soper:
46
47 Amend reengrossed bill page 4, strike lines 11 through 14 and substitute:
48
49 "(I) PHYSICALLY HOLDING A MOBILE ELECTRONIC DEVICE IN THE
50 DRIVER'S HAND OR PINNING A MOBILE ELECTRONIC DEVICE TO A DRIVER'S
51 EAR TO CONDUCT VOICE-BASED COMMUNICATION; EXCEPT THAT AN
52 INDIVIDUAL MAY USE A SPEAKER OR OTHER LISTENING DEVICE THAT IS
53 BUILT INTO PROTECTIVE HEADGEAR OR A DEVICE OR PORTION OF A DEVICE
54 THAT ONLY COVERS ALL OR A PORTION OF ONE EAR AND THAT IS
55 CONNECTED TO A WIRELESS, HANDHELD TELEPHONE AS PROVIDED IN
56 SECTION 42-4-1411;".
1 Page 4, line 27, strike "(a)", and strike "(2)(b)" and substitute "(4)".
2
3 Page 5, strike lines 3 through 6.
4
5 Page 5, line 7, strike "(a)" and strike "(3)(b)" and substitute "(4)".
6
7 Page 5, strike lines 11 through 24 and insert:
8
9 "(4) IT IS NOT A VIOLATION OF SUBSECTION (2) OR (3) OF THIS
10 SECTION TO USE A MOBILE ELECTRONIC DEVICE:
11 (a) TO CONTACT A PUBLIC SAFETY ENTITY;
12 (b) DURING AN EMERGENCY;
13 (c) WHEN IN A MOTOR VEHICLE THAT IS PARKED;
14 (d) WHEN AN EMPLOYEE OR CONTRACTOR OF A UTILITY IS ACTING
15 WITHIN THE SCOPE OF THE EMPLOYEE'S OR CONTRACTOR'S DUTIES WHEN
16 RESPONDING TO A UTILITY EMERGENCY;
17 (e) WHEN AN EMPLOYEE OR CONTRACTOR OF A CITY OR COUNTY
18 IS ACTING WITHIN THE SCOPE OF THE EMPLOYEE'S OR CONTRACTOR'S
19 DUTIES AS A CODE ENFORCEMENT OFFICER OR ANIMAL PROTECTION
20 OFFICER; OR
21 (f) DURING THE PERFORMANCE OF A FIRST RESPONDER'S OFFICIAL
22 DUTIES.
23 (5) A LAW ENFORCEMENT OFFICER SHALL NOT STOP OR CITE AN
24 INDIVIDUAL FOR A VIOLATION OF SUBSECTION (2) OR (3) OF THIS SECTION
25 UNLESS:
26 (a) (I) A LAW ENFORCEMENT OFFICER SAW THE OPERATOR USE A
27 MOBILE ELECTRONIC DEVICE WHILE DRIVING; AND
28 (II) DURING THE USE OF THE MOBILE ELECTRONIC DEVICE, THE
29 DRIVER WAS:
30 (A) IN CLOSE PROXIMITY TO A VULNERABLE ROAD USER, AS
31 DEFINED IN SECTION 42-4-1402.5 (1), ON THE ROADWAY OR ON AN
32 IMMEDIATELY ADJACENT SIDEWALK;
33 (B) IN A SCHOOL ZONE;
34 (C) ADJACENT TO A PARK;
35 (D) IN A CONSTRUCTION ZONE; OR
36 (E) ADJACENT TO A DESIGNATED BIKE LANE.
37 (b) THE INDIVIDUAL WAS STOPPED BY A LAW ENFORCEMENT
38 OFFICER FOR AN ALLEGED VIOLATION OF ANY OF THE FOLLOWING:
39 (I) OBEDIENCE TO OFFICIAL TRAFFIC CONTROL DEVICES, AS
40 SPECIFIED IN SECTION 42-4-603;
7 41 (II) FAILURE TO YIELD A RIGHT-OF-WAY, AS SPECIFIED IN PART
42 OF THIS ARTICLE 4;
43 (III) FAILURE TO EXERCISE DUE CARE TO AVOID PEDESTRIANS, AS
44 SPECIFIED IN SECTION 42-4-807;
45 (IV) FAILURE TO YIELD TO AN INDIVIDUAL WITH A DISABILITY, AS
46 SPECIFIED IN SECTION 42-4-808;
47 (V) LIMITATIONS ON TURNING AROUND, AS SPECIFIED IN SECTION
48 42-4-902;
49 (VI) FAILURE TO DRIVE ON THE RIGHT SIDE OF THE ROAD, AS
50 SPECIFIED IN SECTION 42-4-1001;
51 (VII) UNSAFE LANE CHANGE, AS SPECIFIED IN SECTION 42-4-1007;
52 (VIII) FOLLOWING TOO CLOSELY, AS SPECIFIED IN SECTION
53 42-4-1008;
54 (IX) DRIVING ON THE WRONG SIDE OF ROAD, AS SPECIFIED IN
55 SECTION 42-4-1010;
56 (X) SPEEDING, AS SPECIFIED IN SECTION 42-4-1101;
1 (XI) RECKLESS DRIVING, AS SPECIFIED IN SECTION 42-4-1401; OR
2 (XI) CARELESS DRIVING, AS SPECIFIED IN SECTION 42-4-1402.".
3
4 Renumber succeeding subsections accordingly.
5
6 Page 5, line 25, strike "(4)(b)" and substitute "(6)(b)".
7
8 Page 6, line 3, strike "(3)(a)" and substitute "(3)".
9
10 Page 6, strike line 8 and substitute "(5)(b).".
11
12 Page 6, strike line 11 and substitute "(6)(b)(I)(A) AND (6)(b)(I)(B) OF THIS
13 SECTION.".
14
15 Amendment No. 4, by Representative Mabrey:
16
17 Amend reengrossed bill, page 2, line 5, strike "declaration." and
18 substitute "declaration - repeal.".
19
20 Page 6, after line 24 insert:
21
22 "(7) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2030.".
23
24 Page 8, after line 22 insert:
25
26 "SECTION 5. In Colorado Revised Statutes, add 24-33.5-231 as
27 follows:
28 24-33.5-231. Use of mobile electronic devices while driving -
29 demographic information - report to legislature.
30 (1) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), BY MAY 15, 2026,
31 AND EACH MAY 15 THEREAFTER, THE COLORADO STATE PATROL AND
32 EACH LOCAL LAW ENFORCEMENT AGENCY THAT EMPLOYS PEACE OFFICERS
33 SHALL SUBMIT TO THE TRANSPORTATION LEGISLATION REVIEW
34 COMMITTEE, CREATED IN SECTION 43-2-145, THE FOLLOWING
35 INFORMATION FOR EACH CITATION AN OFFICER ISSUED FOR A VIOLATION
36 OF SECTION 42-4-239 IN THE PRIOR CALENDAR YEAR:
37 (a) THE DATE, TIME, AND LOCATION OF THE INTERACTION;
38 (b) THE DEMOGRAPHIC INFORMATION OF THE INDIVIDUAL
39 CONTACTED, SO LONG AS THE IDENTIFICATION OF THESE CHARACTERISTICS
40 IS BASED ON SELF-IDENTIFICATION, THE OBSERVATION AND PERCEPTION OF
41 THE OFFICER MAKING THE CONTACT, AND OTHER AVAILABLE DATA. AT
42 MINIMUM, THIS DEMOGRAPHIC INFORMATION MUST INCLUDE:
43 (I) RACE;
44 (II) ETHNICITY;
45 (III) GENDER; AND
46 (IV) AGE.
47 (c) THE INITIAL REASON FOR THE INTERACTION;
48 (d) THE RESULT OF THE INTERACTION, SUCH AS:
49 (I) NO ACTION, A WARNING, A CITATION, PROPERTY SEIZURE, OR
50 ARREST;
51 (II) IF A WARNING OR CITATION WAS ISSUED, THE WARNING
52 PROVIDED OR VIOLATION CITED; AND
53 (III) IF AN ARREST WAS MADE, THE OFFENSE CHARGED AND
54 WHETHER THE INDIVIDUAL WAS CONVICTED; AND
55
1 (e) THE ACTIONS TAKEN BY THE OFFICER DURING THE
2 INTERACTION, INCLUDING WHETHER:
3 (I) THE OFFICER ASKED FOR CONSENT TO SEARCH THE INDIVIDUAL
4 AND, IF SO, WHETHER CONSENT WAS PROVIDED;
5 (II) THE OFFICER SEARCHED THE INDIVIDUAL OR ANY PROPERTY
6 AND, IF SO, THE BASIS FOR THE SEARCH AND THE TYPE OF CONTRABAND OR
7 EVIDENCE DISCOVERED, IF ANY; AND
8 (III) THE OFFICER SEIZED ANY PROPERTY AND, IF SO, THE TYPE OF
9 PROPERTY THAT WAS SEIZED AND THE BASIS FOR SEIZING THE PROPERTY.
10 (2) THE COLORADO STATE PATROL AND LOCAL LAW ENFORCEMENT
11 AGENCIES SHALL NOT REPORT TO THE COMMITTEE THE NAMES,
12 ADDRESSES, SOCIAL SECURITY NUMBERS, OR ANY OTHER UNIQUE
13 PERSONAL IDENTIFYING INFORMATION OF INDIVIDUALS CONTACTED,
14 WARNED, TICKETED, ARRESTED, SEARCHED, OR SUBJECTED TO A PROPERTY
15 SEIZURE. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE DATA
16 REPORTED PURSUANT TO THIS SECTION IS AVAILABLE TO THE PUBLIC.
17 SECTION 6. In Colorado Revised Statutes, 43-2-145, add (2.1)
18 as follows:
19 43-2-145. Transportation legislation review - committee -
20 definition - repeal. (2.1) (a) EACH LEGISLATIVE INTERIM, THE
21 COMMITTEE SHALL REVIEW THE INFORMATION PROVIDED TO THE
22 COMMITTEE FROM THE DEPARTMENT OF PUBLIC SAFETY PURSUANT TO
23 SECTION 24-33.5-231, INCLUDING WHETHER AND TO WHAT DEGREE THE
24 ENFORCEMENT OF SECTION 42-4-239 REFLECTS PRETEXTUAL STOPS OR
25 DISPARATE RACIAL OR ETHNIC IMPACTS.
26 (b) (I) DURING THE 2029 LEGISLATIVE INTERIM, THE COMMITTEE
27 SHALL CONSIDER THE COMMUTATIVE INFORMATION REPORTED TO THE
28 COMMITTEE PURSUANT TO SECTION 24-33.5-231 AND SHALL MAKE A
29 RECOMMENDATION TO THE LEGISLATURE REGARDING WHETHER TO
30 CONTINUE THE EXISTENCE OF THE PROHIBITION ON THE USE OF MOBILE
31 ELECTRONIC DEVICES, AS SPECIFIED IN SECTION 42-4-239, OR ALLOW THE
32 PROHIBITION TO REPEAL.
33 (II) THIS SUBSECTION (2.1)(b) IS REPEALED, EFFECTIVE
34 SEPTEMBER 1, 2030.".
35
36 Renumber succeeding sections accordingly.
37
38 As amended, ordered revised and placed on the Calendar for Third
39 Reading and Final Passage.
40

House Journal, May 5
41 Amend revised bill, page 12, line 4, strike "DEPARTMENT OF PUBLIC
42 SAFETY" and substitute "COLORADO STATE PATROL AND LOCAL LAW
43 ENFORCEMENT AGENCIES".
44
45 The amendment was declared passed by the following roll call vote:
46
47 YES 61 NO 0 EXCUSED 4 ABSENT
48 Amabile Y English E Lindstedt Y Sirota Y
49 Armagost Y Epps Y Luck Y Snyder Y
50 Bacon Y Evans Y Lukens Y Soper Y
51 Bird Y Frizell Y Lynch Y Story Y
52 Bockenfeld E Froelich Y Mabrey Y Taggart Y
53 Boesenecker Y Garcia Y Marshall Y Titone Y
54 Bottoms E Hamrick Y Martinez Y Valdez E
55 Bradfield Y Hartsook Y Marvin Y Velasco Y
1 Bradley Y Hernandez Y Mauro Y Vigil Y
2 Brown Y Herod Y McCormick Y Weinberg Y
3 Catlin Y Holtorf Y McLachlan Y Weissman Y
4 Clifford Y Jodeh Y Ortiz Y Willford Y
5 Daugherty Y Joseph Y Parenti Y Wilson Y
6 DeGraaf Y Kipp Y Pugliese Y Winter T. Y
7 deGruy Kennedy Y Lieder Y Ricks Y Woodrow Y
8 Duran Y Lindsay Y Rutinel Y Young Y
9 Speaker Y
10
11 The question being, "Shall the bill, as amended, pass?".
12 A roll call vote was taken. As shown by the following recorded vote, a
13 majority of those elected to the House voted in the affirmative, and the
14 bill, as amended, was declared passed.
15
16 YES 58 NO 3 EXCUSED 4 ABSENT
17 Amabile Y English Y Lindstedt Y Sirota Y
18 Armagost Y Epps E Luck N Snyder Y
19 Bacon Y Evans Y Lukens Y Soper Y
20 Bird Y Frizell Y Lynch Y Story Y
21 Bockenfeld E Froelich Y Mabrey Y Taggart Y
22 Boesenecker Y Garcia Y Marshall Y Titone Y
23 Bottoms E Hamrick Y Martinez Y Valdez E
24 Bradfield Y Hartsook Y Marvin Y Velasco Y
25 Bradley N Hernandez Y Mauro Y Vigil Y
26 Brown Y Herod Y McCormick Y Weinberg Y
27 Catlin Y Holtorf Y McLachlan Y Weissman Y
28 Clifford Y Jodeh Y Ortiz Y Willford Y
29 Daugherty Y Joseph Y Parenti Y Wilson Y
30 DeGraaf N Kipp Y Pugliese Y Winter T. Y
31 deGruy Kennedy Y Lieder Y Ricks Y Woodrow Y
32 Duran Y Lindsay Y Rutinel Y Young Y
33 Speaker Y
34 Co-sponsor(s) added: Representative(s) Amabile, Bird, Boesenecker, Brown,
35 Duran, Hamrick, Kipp, Lieder, Lindsay, Lindstedt, Lukens, Mauro,
36 McCormick, Vigil, Young, Speaker
37