Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-0248.01 Josh Schultz x5486
HOUSE BILL 24-1055
House Committees Senate Committees
Transportation, Housing & Local Government
Appropriations
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
Amended 2nd Reading
May 2, 2024
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
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 2 years old to be in a22
rear-facing child safety seat. Research shows that children aged 0 to 423
years are less likely to be injured in a motor vehicle crash if they are24
restrained in a rear-facing car seat, as opposed to a forward-facing car25
seat.26
(2) Therefore, the general assembly further declares that it is in27
1055
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safety laws.2
SECTION 2. In Colorado Revised Statutes, 42-4-236, amend3
(2)(a), (2)(b), (3)(b), and (4) as follows:4
42-4-236. Child restraint systems required - definitions -5
exemptions. (2) (a) (I) Unless exempted pursuant to subsection (3) of6
this section and except as otherwise provided in subparagraphs (II) and7
(III) of this paragraph (a) SUBSECTIONS (2)(a)(II), (2)(a)(III), AND8
(2)(a)(IV) OF THIS SECTION, every child who is under eight NINE years of9
age and who is being transported in this state in a motor vehicle or in a10
vehicle operated by a child care center shall be properly restrained in a11
child restraint system according to the manufacturer's instructions.12
(II) If the child is less than one year TWO YEARS of age, and13
weighs less than twenty pounds, the child shall be properly restrained in14
a rear-facing child restraint system in a rear seat of the vehicle, IF A REAR15
SEAT IS AVAILABLE, AND:16
(A) IN A REAR-FACING CHILD RESTRAINT SYSTEM IF THE CHILD17
WEIGHS UNDER FORTY POUNDS ; OR18
(B) IN A REAR-FACING OR FORWARD-FACING CHILD RESTRAINT19
SYSTEM IF THE CHILD WEIGHS FORTY POUNDS OR MORE .20
(III) If the child is one year TWO YEARS of age or older, but less21
than four years of age, and weighs less than forty pounds, but at least22
twenty pounds, the child shall be properly restrained: in a rear-facing or23
forward-facing child restraint system.24
(A) IN A REAR-FACING OR FORWARD-FACING CHILD RESTRAINT25
SYSTEM; AND26
(B) IN THE REAR SEAT OF A VEHICLE, IF A REAR SEAT IS AVAILABLE.27
1055
-4- (IV) IF THE CHILD IS FOUR YEARS OF AGE OR OLDER , BUT LESS1
THAN NINE YEARS OF AGE, AND WEIGHS AT LEAST FORTY POUNDS, THE2
CHILD SHALL BE PROPERLY RESTRAINED :3
(A) IN A CHILD RESTRAINT SYSTEM OR BOOSTER SEAT ; AND4
(B) IN THE REAR SEAT OF A VEHICLE, IF A REAR SEAT IS AVAILABLE.5
(b) Unless excepted pursuant to subsection (3) of this section,6
every child who is at least eight NINE years of age but less than sixteen7
EIGHTEEN years of age who is being transported in this state in a motor8
vehicle or in a vehicle operated by a child care center shall be properly9
restrained in a safety belt or child restraint system according to the10
manufacturer's instructions.11
(3) Except as provided in section 42-2-105.5 (4), subsection (2)12
of this section does not apply to a child who:13
(b) Is less than eight NINE years of age and is being transported in14
a motor vehicle as a result of a medical or other life-threatening15
emergency and a child restraint system is not available;16
(4) The division of highway safety shall USE EXISTING NATIONAL17
HIGHWAY TRAFFIC SAFETY ADMINISTRATION OCCUPANT PROTECTION18
GRANT FUNDS TO implement a program for public information and19
education concerning UPDATES TO CHILD RESTRAINT SYSTEM20
REQUIREMENTS, the use of child restraint systems, and the provisions of21
this section. 22
SECTION 3. Effective date. This act takes effect January 1,23
2025.24
SECTION 4. Safety clause. The general assembly finds,25
determines, and declares that this act is necessary for the immediate26
preservation of the public peace, health, or safety or for appropriations for27
1055
-5- the support and maintenance of the departments of the state and state1
institutions. 2
1055
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