Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0248.01 Josh Schultz x5486
HOUSE BILL 24-1055
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING IMPROVING CHILD PASSENGER SAFETY .101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Transportation Legislation Review Committee. The bill creates
the child passenger safety education and distribution grant program (grant
program) within the department of transportation (department). The
department is required to promulgate rules specifying the time frames for
applying for grants, the form of the grant program application, the criteria
for determining who is eligible for the grant program, the criteria the
department shall consider in awarding grants, and the deadlines for
distributing grant money.
HOUSE SPONSORSHIP
Froelich and Pugliese, Lindstedt, Taggart
SENATE SPONSORSHIP
Winter F. and Priola, Cutter, Exum, Jaquez Lewis
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. Grant recipients shall use the money received through the grant
program for the following purposes:
! To provide funding for the certification or recertification of
child passenger safety technicians;
! To educate families on the child passenger safety laws; or
! To create child restraint system distribution programs for
families of children who do not have a legally compliant
child restraint system.
The bill creates the child passenger safety education and
distribution grant program fund (fund) to pay for the grant program. The
fund consists of general fund money and any other gifts, grants, or
donations that the department receives. The department may use money
from the fund to pay the direct and indirect costs that the department
incurs to administer the grant program.
The bill changes the child restraint system requirements in existing
law as follows:
! Increases the age at which children are required to use a
child restraint system from under 8 years of age to under 9
years of age and adds that a child under 57 inches in height,
regardless of age, must use a child restrain system;
! Increases the age, from under one year of age to under 2
years of age, and the weight, from under 20 pounds to
under 40 pounds, of children who must be restrained in a
rear-facing child restraint system in a rear seat of the
vehicle;
! Increases the age, from one year of age or older to 2 years
of age or older, of children who must be restrained in a
rear-facing or forward-facing child restraint system in a
rear seat of the vehicle, if a rear seat is available;
! Adds a requirement that children who are at least 4 years of
age but under 9 years of age and who weigh at least 40
pounds utilize a booster seat, which must be situated in a
rear seat of the vehicle, if a rear seat is available; and
! Adds a requirement that children who are at least 9 years of
age but under 13 years of age sit in the rear seat of a
vehicle, if a rear seat is available, and be properly secured
with a safety belt.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Cars remain a leading cause of death for children in Colorado;4
HB24-1055-2- from 2015 to 2019, 48 children under age eight were killed in passenger1
vehicle crashes. The Colorado department of transportation estimates that2
59% to nearly 84% of children are improperly restrained while riding in3
a vehicle.4
(b) According to data from the federal centers for disease control5
and prevention, American Indian and Alaska Native children and Black6
children are more likely to be killed in a crash than white children.7
Children in rural areas are also typically at higher risk, as studies indicate8
that children in rural areas are more likely to be incorrectly restrained than9
children in urban areas.10
(c) In 2018, the American Academy of Pediatrics updated its child11
passenger safety best practice recommendations to optimize safety in12
passenger vehicles for children from birth through adolescence.13
Colorado's child passenger safety laws related to car seats, booster seats,14
and seat belt requirements have not been updated in over a decade and15
have fallen behind in ensuring children in Colorado are as safe as possible16
if or when a motor vehicle crash occurs.17
(d) It is critical for families to have timely access to replacement18
car seats following an accident and when children have medically19
complex needs requiring specialized adaptive car seats; and20
(e) Twenty-three states, the District of Columbia, and the United21
States Virgin Islands require children younger than two be in a22
rear-facing child safety seat. Research shows that children aged 0-4 years23
are less likely to be injured in a motor vehicle crash if they are restrained24
in a rear-facing car seat, as opposed to a forward-facing car seat.25
(2) Therefore, the general assembly further declares that it is in26
the best interest of the state of Colorado to modernize child passenger27
HB24-1055
-3- safety laws and provide education and child restraint system distribution1
programs to parents and caregivers to ensure children in Colorado are as2
safe as possible when traveling in a motor vehicle.3
SECTION 2. In Colorado Revised Statutes, add part 6 to article4
5 of title 43 as follows:5
PART 66
CHILD PASSENGER SAFETY EDUCATION AND7
DISTRIBUTION GRANT PROGRAM8
43-5-601. Short title. T
HE SHORT TITLE OF THIS PART 6 IS THE9
"C
HILD PASSENGER SAFETY EDUCATION AND DISTRIBUTION GRANT10
P
ROGRAM ACT".11
43-5-602. Definitions. A
S USED IN THIS PART 6, UNLESS THE12
CONTEXT OTHERWISE REQUIRES :13
(1) "C
HILD RESTRAINT SYSTEM" MEANS A SPECIALLY DESIGNED14
SEATING SYSTEM THAT:15
(a) I
S DESIGNED TO PROTECT, HOLD, OR RESTRAIN A CHILD IN A16
MOTOR VEHICLE IN SUCH A WAY AS TO PREVENT OR MINIMIZE INJURY TO17
THE CHILD IN THE EVENT OF A MOTOR VEHICLE ACCIDENT ;18
(b) I
S EITHER PERMANENTLY AFFIXED TO A MOTOR VEHICLE OR IS19
AFFIXED TO SUCH VEHICLE BY A SAFETY BELT OR A UNIVERSAL20
ATTACHMENT SYSTEM ; AND21
(c) M
EETS THE FEDERAL MOTOR VEHICLE SAFETY STANDARDS SET22
FORTH IN 49 CFR 571.213, AS AMENDED.23
(2) "D
EPARTMENT" MEANS THE DEPARTMENT OF TRANSPORTATION24
CREATED IN SECTION 43-1-103.25
(3) "E
XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF26
THE DEPARTMENT OR THE EXECUTIVE DIRECTOR 'S DESIGNEE.27
HB24-1055
-4- (4) "FUND" MEANS THE CHILD PASSENGER SAFETY EDUCATION AND1
DISTRIBUTION GRANT PROGRAM FUND CREATED IN SECTION 43-5-605.2
(5) "G
RANT PROGRAM" MEANS THE CHILD PASSENGER SAFETY3
EDUCATION AND DISTRIBUTION GRANT PROGRAM CREATED IN SECTION4
43-5-603.5
43-5-603. Child passenger safety education and distribution6
grant program - created - rules. (1) F
OR PURPOSES OF KEEPING7
CHILDREN AS SAFE AS POSSIBLE WHEN TRAVELING IN A MOTOR VEHICLE8
AND MINIMIZING THE RISK OF SERIOUS INJURY OR DEATH TO CHILDREN9
WHEN INVOLVED IN A MOTOR VEHICLE ACCIDENT , THERE IS CREATED10
WITHIN THE DEPARTMENT THE CHILD PASSENGER SAFETY EDUCATION AND11
DISTRIBUTION GRANT PROGRAM TO PROVIDE GRANTS TO FUND TRAINING12
FOR CERTIFIED CHILD PASSENGER SAFETY TECHNICIANS ; ENHANCE PARENT13
AND CAREGIVER AWARENESS AND EDUCATION ON PROPER CHILD14
RESTRAINT SYSTEM USAGE; AND PROVIDE EQUITABLE ACCESS TO CHILD15
RESTRAINT SYSTEMS, SUCH AS CAR SEATS, TO PARENTS AND CAREGIVERS16
WHO DO NOT HAVE A LEGALLY COMPLIANT CHILD RESTRAINT SYSTEM .17
(2) G
RANT RECIPIENTS SHALL USE THE MONEY RECEIVED THROUGH18
THE GRANT PROGRAM FOR THE FOLLOWING PURPOSES :19
(a) T
O PROVIDE FUNDING FOR NATIONAL CERTIFICATION OR20
RECERTIFICATION OF CHILD PASSENGER SAFETY TECHNICIANS THROUGH21
THE NATIONAL CHILD PASSENGER SAFETY CERTIFICATION TRAINING22
P
ROGRAM;23
(b) T
O EDUCATE FAMILIES ON THE COLORADO CHILD PASSENGER24
RESTRAINT LAWS AND PERSONALIZED CHILD RESTRAINT SYSTEM SAFETY25
INSTALLATION INSTRUCTIONS TO PROTECT INFANTS AND CHILDREN ; OR26
(c) T
O CREATE CHILD RESTRAINT SYSTEM DISTRIBUTION27
HB24-1055
-5- PROGRAMS FOR FAMILIES OF CHILDREN WHO DO NOT HAVE A LEGALLY1
COMPLIANT CHILD RESTRAINT SYSTEM .2
(3) T
HE DEPARTMENT SHALL ADMINISTER THE GRANT PROGRAM3
AND, SUBJECT TO AVAILABLE APPROPRIATIONS, SHALL AWARD GRANTS AS4
PROVIDED IN THIS PART 6. GRANTS MUST BE PAID OUT OF THE FUND.5
(4) (a) T
HE EXECUTIVE DIRECTOR SHALL IMPLEMENT THE GRANT6
PROGRAM IN ACCORDANCE WITH THIS PART 6. PURSUANT TO ARTICLE 4 OF7
TITLE 24, BY JANUARY 1, 2025, THE EXECUTIVE DIRECTOR SHALL8
PROMULGATE SUCH RULES AS ARE REQUIRED IN THIS SUBSECTION (4) AND9
SUCH ADDITIONAL RULES AS MAY BE NECESSARY TO IMPLEMENT THE10
GRANT PROGRAM. AT A MINIMUM, THE RULES MUST SPECIFY THE TIME11
FRAMES FOR APPLYING FOR GRANTS , THE FORM OF THE GRANT PROGRAM12
APPLICATION, THE CRITERIA FOR DETERMINING ELIGIBILITY FOR THE13
GRANT PROGRAM, THE CRITERIA THE DEPARTMENT SHALL CONSIDER IN14
AWARDING GRANTS, INFORMATION GRANT RECIPIENTS MUST INCLUDE IN15
REPORTS PURSUANT TO SECTION 43-5-604, AND THE DEADLINES FOR16
DISTRIBUTING GRANT MONEY .17
(b) T
HE DEPARTMENT SHALL WORK IN COLLABORATION WITH THE18
C
OLORADO STATE PATROL AND THE COLORADO DEPARTMENT OF PUBLIC19
HEALTH AND ENVIRONMENT IN DEVELOPING RULES FOR THE GRANT20
PROGRAM AND IN IMPLEMENTING , MANAGING, AND REPORTING ON THE21
GRANT PROGRAM.22
(5) T
O RECEIVE A GRANT, AN ELIGIBLE RECIPIENT MUST SUBMIT AN23
APPLICATION TO THE DEPARTMENT IN ACCORDANCE WITH RULES24
DEVELOPED PURSUANT TO SUBSECTION (4) OF THIS SECTION.25
(6) I
N AWARDING GRANTS, THE DEPARTMENT SHALL PRIORITIZE26
DIVERSE COMMUNITIES, INCLUDING THOSE IN LOW-INCOME AND RURAL27
HB24-1055
-6- AREAS OF THE STATE , TO PROMOTE EQUITABLE ACCESS TO CHILD1
RESTRAINT SYSTEMS.2
43-5-604. Reporting requirements. (1) O
N OR BEFORE MARCH3
1,
2026, AND ON OR BEFORE MARCH 1 EACH YEAR THEREAFTER, EACH4
PERSON THAT RECEIVES A GRANT THROUGH THE GRANT PROGRAM SHALL5
SUBMIT A REPORT TO THE DEPARTMENT . AT A MINIMUM, THE REPORT6
MUST INCLUDE THE FOLLOWING INFORMATION :7
(a) F
OR ANY GRANT RECIPIENT USING FUNDS FOR CHILD RESTRAINT8
SYSTEM DISTRIBUTION, DE-IDENTIFIED AND AGGREGATED DATA ON THE9
DEMOGRAPHICS OF FAMILIES WHO RECEIVE CHILD RESTRAINT SYSTEMS10
THROUGH THE GRANT PROGRAM , INCLUDING THE FAMILIES' LOCATION AND11
INCOME; AND12
(b) A
NY OTHER INFORMATION THE DEPARTMENT MAY REQUIRE BY13
RULE.14
(2) O
N OR BEFORE DECEMBER 1, 2026, AND ON OR BEFORE15
D
ECEMBER 1 EACH YEAR THEREAFTER FOR THE DURATION OF THE GRANT16
PROGRAM, THE DEPARTMENT SHALL SUBMIT A SUMMARIZED REPORT ON17
THE GRANT PROGRAM TO THE HOUSE OF REPRESENTATIVES18
TRANSPORTATION, HOUSING, AND LOCAL GOVERNMENT COMMITTEE AND19
THE SENATE TRANSPORTATION AND ENERGY COMMITTEE , OR THEIR20
SUCCESSOR COMMITTEES. BEGINNING IN JANUARY 2027, AND IN JANUARY21
EVERY YEAR THEREAFTER, THE DEPARTMENT SHALL INCLUDE, AS PART OF22
ITS PRESENTATION DURING ITS"SMART ACT" HEARING REQUIRED BY23
SECTION 2-7-203, THE SUMMARIZED REPORT ON THE GRANT PROGRAM . AT24
A MINIMUM, THE REPORT MUST INCLUDE:25
(a) I
NFORMATION ON THE GRANT RECIPIENTS ;26
(b) I
NFORMATION ON HOW RECIPIENTS USED THE GRANT MONEY ,27
HB24-1055
-7- INCLUDING THE NUMBER OF CERTIFIED CHILD PASSENGER SAFETY1
TECHNICIANS TRAINED, THE TYPE AND NUMBER OF EDUCATIONAL2
OPPORTUNITIES PROVIDED TO FAMILIES , AND THE NUMBER OF CHILD3
RESTRAINT SYSTEMS DISTRIBUTED ; AND4
(c) A
NY OTHER MEASURABLE OUTCOMES THAT THE DEPARTMENT5
DEEMS APPROPRIATE.6
(3) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE7
REPORTING REQUIREMENTS SET FORTH IN THIS SECTION CONTINUE UNTIL8
THE GRANT PROGRAM REPEALS PURSUANT TO SECTION 43-5-606.9
43-5-605. The child passenger safety education and10
distribution grant program fund - created. (1) (a) T
HERE IS CREATED11
IN THE STATE TREASURY THE CHILD PASSENGER SAFETY EDUCATION AND12
DISTRIBUTION GRANT PROGRAM FUND . THE FUND CONSISTS OF ANY MONEY13
APPROPRIATED OR TRANSFERRED TO THE FUND BY THE GENERAL14
ASSEMBLY AND ANY GIFTS, GRANTS, OR DONATIONS TO THE FUND FROM15
PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS PART 6.16
(b) T
HE DEPARTMENT MAY SEEK , ACCEPT, AND EXPEND GIFTS,17
GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE18
PURPOSES OF THIS PART 6. ALL PRIVATE AND PUBLIC MONEY RECEIVED19
THROUGH GIFTS, GRANTS, OR DONATIONS SHALL BE TRANSMITTED TO THE20
STATE TREASURER, WHO SHALL CREDIT THE MONEY TO THE FUND .21
(2) M
ONEY IN THE FUND IS SUBJECT TO ANNUAL APPROPRIATION22
BY THE GENERAL ASSEMBLY TO THE DEPARTMENT FOR THE PURPOSES23
SPECIFIED IN THIS PART 6. THE DEPARTMENT MAY USE A PORTION OF THE24
MONEY ANNUALLY APPROPRIATED FOR THE GRANT PROGRAM TO PAY THE25
DIRECT AND INDIRECT COSTS THAT THE DEPARTMENT INCURS TO26
ADMINISTER THE GRANT PROGRAM .27
HB24-1055
-8- (3) ANY UNEXPENDED AND UNENCUMBERED MONEY REMAINING1
IN THE FUND AT THE END OF ANY FISCAL YEAR REMAINS IN THE FUND AND2
SHALL NOT BE TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND .3
(4) T
HE STATE TREASURER SHALL TRANSFER ALL UNEXPENDED4
AND UNENCUMBERED MONEY IN THE FUND ON AUGUST 30, 2030, TO THE5
GENERAL FUND.6
43-5-606. Repeal of part. T
HIS PART 6 IS REPEALED, EFFECTIVE7
S
EPTEMBER 1, 2030.8
SECTION 3. In Colorado Revised Statutes, 24-75-402, add9
(5)(eee) as follows:10
24-75-402. Cash funds - limit on uncommitted reserves -11
reduction in the amount of fees - exclusions - definitions.12
(5) Notwithstanding any provision of this section to the contrary, the13
following cash funds are excluded from the limitations specified in this14
section:15
(eee) T
HE CHILD PASSENGER SAFETY EDUCATION AND16
DISTRIBUTION GRANT PROGRAM FUND CREATED IN SECTION 43-5-605.17
SECTION 4. In Colorado Revised Statutes, 42-4-236, amend18
(2)(a), (2)(b), and (3)(b) as follows:19
42-4-236. Child restraint systems required - definitions -20
exemptions. (2) (a) (I) Unless exempted pursuant to subsection (3) of21
this section and except as otherwise provided in subparagraphs (II) and
22
(III) of this paragraph (a) SUBSECTIONS (2)(a)(II), (2)(a)(III), (2)(a)(IV),23
AND (2)(a)(V) OF THIS SECTION, every child who is under eight NINE years24
of age
OR UNDER FIFTY-SEVEN INCHES IN HEIGHT and who is being25
transported in this state in a motor vehicle or in a vehicle operated by a26
child care center shall be properly restrained in a child restraint system27
HB24-1055
-9- according to the manufacturer's instructions.1
(II) If the child is less than one year UNDER TWO YEARS of age,2
and weighs less than twenty UNDER FORTY pounds, AND IS UNDER FORTY3
INCHES IN HEIGHT, the child shall be properly restrained in a rear-facing4
child restraint system in a rear seat of the vehicle.5
(III) If the child is one year TWO YEARS of age or older but less6
than four years of age and weighs
AT LEAST TWENTY POUNDS BUT less7
than forty pounds, but at least twenty pounds,
the child shall be properly8
restrained:9
(A) In a rear-facing or forward-facing child restraint system;
AND10
(B) I
N A REAR SEAT OF THE VEHICLE, IF A REAR SEAT IS AVAILABLE.11
(IV) A
CHILD WHO IS FOUR YEARS OF AGE OR OLDER BUT UNDER12
NINE YEARS OF AGE AND WHO IS AT LEAST FORTY POUNDS SHALL BE13
PROPERLY RESTRAINED:14
(A) I
N A BOOSTER SEAT; AND15
(B) I
N A REAR SEAT OF THE VEHICLE, IF A REAR SEAT IS AVAILABLE.16
(V) A
CHILD WHO IS NINE YEARS OF AGE OR OLDER BUT UNDER17
THIRTEEN YEARS OF AGE SHALL BE:18
(A) I
N THE REAR SEAT OF A VEHICLE , IF A REAR SEAT IS19
AVAILABLE; AND20
(B) P
ROPERLY SECURED WITH A SAFETY BELT .21
(b) Unless excepted pursuant to subsection (3) of this section,22
every child who is at least eight
NINE years of age but less than sixteen23
years of age who is being transported in this state in a motor vehicle or in24
a vehicle operated by a child care center shall be properly restrained in a25
safety belt or child restraint system according to the manufacturer's26
instructions.27
HB24-1055
-10- (3) Except as provided in section 42-2-105.5 (4), subsection (2)1
of this section does not apply to a child who:2
(b) Is less than eight NINE years of age and is being transported in3
a motor vehicle as a result of a medical or other life-threatening4
emergency and a child restraint system is not available;5
SECTION 5. Safety clause. The general assembly finds,6
determines, and declares that this act is necessary for the immediate7
preservation of the public peace, health, or safety or for appropriations for8
the support and maintenance of the departments of the state and state9
institutions.10
HB24-1055
-11-