Colorado 2024 Regular Session

Colorado House Bill HB1055 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0248.01 Josh Schultz x5486
1	8		HOUSE BILL 24-1055
2		-	BY REPRESENTATIVE(S) Froelich and Pugliese, Lindstedt, Taggart,
3		-	Amabile, Bacon, Bird, Boesenecker, Brown, Clifford, Daugherty, Duran,
4		-	Frizell, Hamrick, Jodeh, Joseph, Kipp, Lieder, Lindsay, Lukens, Mabrey,
5		-	Mauro, McLachlan, Ortiz, Ricks, Snyder, Story, Valdez, Vigil, Woodrow,
6		-	Young, McCluskie;
7		-	also SENATOR(S) Winter F. and Priola, Cutter, Exum, Jaquez Lewis,
8		-	Buckner, Michaelson Jenet, Roberts, Sullivan.
	9	+	House Committees Senate Committees
	10	+	Transportation, Housing & Local Government Transportation & Energy
	11	+	Appropriations
	12	+	A BILL FOR AN ACT
9	13		C
10		-	ONCERNING IMPROVING CHILD PASSENGER SAFETY .
11		-
12		-	Be it enacted by the General Assembly of the State of Colorado:
13		-	SECTION 1. Legislative declaration. (1) The general assembly
14		-	finds and declares that:
15		-	(a) Cars remain a leading cause of death for children in Colorado;
16		-	from 2015 to 2019, 48 children under age eight were killed in passenger
17		-	vehicle crashes. The Colorado department of transportation estimates that
18		-	59% to nearly 84% of children are improperly restrained while riding in a
19		-	vehicle.
20		-	(b) According to data from the federal centers for disease control
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. and prevention, American Indian and Alaska Native children and Black
29		-	children are more likely to be killed in a crash than white children. Children
30		-	in rural areas are also typically at higher risk, as studies indicate that
31		-	children in rural areas are more likely to be incorrectly restrained than
32		-	children in urban areas.
33		-	(c) In 2018, the American Academy of Pediatrics updated its child
34		-	passenger safety best practice recommendations to optimize safety in
35		-	passenger vehicles for children from birth through adolescence. Colorado's
36		-	child passenger safety laws related to car seats, booster seats, and seat belt
37		-	requirements have not been updated in over a decade and have fallen behind
38		-	in ensuring children in Colorado are as safe as possible if or when a motor
39		-	vehicle crash occurs.
40		-	(d) It is critical for families to have timely access to replacement car
41		-	seats following an accident and when children have medically complex
42		-	needs requiring specialized adaptive car seats; and
43		-	(e) Twenty-three states, the District of Columbia, and the United
44		-	States Virgin Islands require children younger than 2 years old to be in a
45		-	rear-facing child safety seat. Research shows that children aged 0 to 4 years
46		-	are less likely to be injured in a motor vehicle crash if they are restrained in
47		-	a rear-facing car seat, as opposed to a forward-facing car seat.
48		-	(2) Therefore, the general assembly further declares that it is in the
49		-	best interest of the state of Colorado to modernize child passenger safety
50		-	laws.
51		-	SECTION 2. In Colorado Revised Statutes, 42-4-236, amend
52		-	(2)(a), (2)(b), (3)(b), and (4) as follows:
53		-	42-4-236. Child restraint systems required - definitions -
54		-	exemptions. (2) (a) (I) Unless exempted pursuant to subsection (3) of this
55		-	section and except as otherwise provided in subparagraphs (II) and (III) of
56		-	this paragraph (a) SUBSECTIONS (2)(a)(II), (2)(a)(III), AND (2)(a)(IV) OF
57		-	THIS SECTION
58		-	, every child who is under eight
59		-	NINE years of age and who is
60		-	being transported in this state in a motor vehicle or in a vehicle operated by
61		-	a child care center shall be properly restrained in a child restraint system
62		-	according to the manufacturer's instructions.
63		-	PAGE 2-HOUSE BILL 24-1055 (II) If the child is less than one year TWO YEARS of age, and weighs
64		-	less than twenty pounds, the child shall be properly restrained in a
65		-	rear-facing child restraint system in a rear seat of the vehicle, IF A REAR
66		-	SEAT IS AVAILABLE
67		-	, AND:
68		-	(A) I
69		-	N A REAR-FACING CHILD RESTRAINT SYSTEM IF THE CHILD
70		-	WEIGHS UNDER FORTY POUNDS
71		-	; OR
72		-	(B) IN A REAR-FACING OR FORWARD -FACING CHILD RESTRAINT
73		-	SYSTEM IF THE CHILD WEIGHS FORTY POUNDS OR MORE
74		-	.
75		-	(III) If the child is one year
76		-	TWO YEARS of age or older, but less than
77		-	four years of age, and weighs less than forty pounds, but at least twenty
78		-	pounds, the child shall be properly restrained: in a rear-facing or
79		-	forward-facing child restraint system.
80		-	(A) IN A REAR-FACING OR FORWARD -FACING CHILD RESTRAINT
81		-	SYSTEM
82		-	; AND
83		-	(B) IN THE REAR SEAT OF A VEHICLE, IF A REAR SEAT IS AVAILABLE.
84		-	(IV) I
85		-	F THE CHILD IS FOUR YEARS OF AGE OR OLDER, BUT LESS THAN
86		-	NINE YEARS OF AGE
87		-	, AND WEIGHS AT LEAST FORTY POUNDS , THE CHILD
88		-	SHALL BE PROPERLY RESTRAINED
89		-	:
90		-	(A) I
91		-	N A CHILD RESTRAINT SYSTEM OR BOOSTER SEAT ; AND
92		-	(B) IN THE REAR SEAT OF A VEHICLE, IF A REAR SEAT IS AVAILABLE.
93		-	(b) Unless excepted pursuant to subsection (3) of this section, every
94		-	child who is at least eight
95		-	NINE years of age but less than sixteen EIGHTEEN
96		-	years of age who is being transported in this state in a motor vehicle or in a vehicle operated by a child care center shall be properly restrained in a safety belt or child restraint system according to the manufacturer's instructions.
97		-	(3) Except as provided in section 42-2-105.5 (4), subsection (2) of
98		-	this section does not apply to a child who:
99		-	(b) Is less than eight
100		-	NINE years of age and is being transported in
101		-	PAGE 3-HOUSE BILL 24-1055 a motor vehicle as a result of a medical or other life-threatening emergency
102		-	and a child restraint system is not available;
103		-	(4) The division of highway safety shall
104		-	USE EXISTING NATIONAL
105		-	HIGHWAY TRAFFIC SAFETY ADMINISTRATION OCCUPANT PROTECTION GRANT
106		-	FUNDS TO
107		-	implement a program for public information and education
108		-	concerning
109		-	UPDATES TO CHILD RESTRAINT SYSTEM REQUIREMENTS , the use
110		-	of child restraint systems, and the provisions of this section.
111		-	SECTION 3. Effective date. This act takes effect January 1, 2025.
112		-	SECTION 4. Safety clause. The general assembly finds,
113		-	determines, and declares that this act is necessary for the immediate
114		-	preservation of the public peace, health, or safety or for appropriations for
115		-	PAGE 4-HOUSE BILL 24-1055 the support and maintenance of the departments of the state and state
116		-	institutions.
117		-	____________________________ ____________________________
118		-	Julie McCluskie Steve Fenberg
119		-	SPEAKER OF THE HOUSE PRESIDENT OF
120		-	OF REPRESENTATIVES THE SENATE
121		-	____________________________ ____________________________
122		-	Robin Jones Cindi L. Markwell
123		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
124		-	OF REPRESENTATIVES THE SENATE
125		-	APPROVED________________________________________
126		-	(Date and Time)
127		-	_________________________________________
128		-	Jared S. Polis
129		-	GOVERNOR OF THE STATE OF COLORADO
130		-	PAGE 5-HOUSE BILL 24-1055
	14	+	ONCERNING IMPROVING CHILD PASSENGER SAFETY .101
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov/
	21	+	.)
	22	+	Transportation Legislation Review Committee. The bill creates
	23	+	the child passenger safety education and distribution grant program (grant
	24	+	program) within the department of transportation (department). The
	25	+	department is required to promulgate rules specifying the time frames for
	26	+	applying for grants, the form of the grant program application, the criteria
	27	+	for determining who is eligible for the grant program, the criteria the
	28	+	department shall consider in awarding grants, and the deadlines for
	29	+	distributing grant money.
	30	+	SENATE
	31	+	3rd Reading Unamended
	32	+	May 6, 2024
	33	+	SENATE
	34	+	2nd Reading Unamended
	35	+	May 4, 2024
	36	+	HOUSE
	37	+	3rd Reading Unamended
	38	+	May 3, 2024
	39	+	HOUSE
	40	+	Amended 2nd Reading
	41	+	May 2, 2024
	42	+	HOUSE SPONSORSHIP
	43	+	Froelich and Pugliese, Lindstedt, Taggart, Amabile, Bacon, Bird, Boesenecker, Brown,
	44	+	Clifford, Daugherty, Duran, Frizell, Hamrick, Jodeh, Joseph, Kipp, Lieder, Lindsay, Lukens,
	45	+	Mabrey, Mauro, McCluskie, McLachlan, Ortiz, Ricks, Snyder, Story, Valdez, Vigil,
	46	+	Woodrow, Young
	47	+	SENATE SPONSORSHIP
	48	+	Winter F. and Priola, Cutter, Exum, Jaquez Lewis, Buckner, Michaelson Jenet, Roberts,
	49	+	Sullivan
	50	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	51	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	52	+	Dashes through the words or numbers indicate deletions from existing law. Grant recipients shall use the money received through the grant
	53	+	program for the following purposes:
	54	+	! To provide funding for the certification or recertification of
	55	+	child passenger safety technicians;
	56	+	! To educate families on the child passenger safety laws; or
	57	+	! To create child restraint system distribution programs for
	58	+	families of children who do not have a legally compliant
	59	+	child restraint system.
	60	+	The bill creates the child passenger safety education and
	61	+	distribution grant program fund (fund) to pay for the grant program. The
	62	+	fund consists of general fund money and any other gifts, grants, or
	63	+	donations that the department receives. The department may use money
	64	+	from the fund to pay the direct and indirect costs that the department
	65	+	incurs to administer the grant program.
	66	+	The bill changes the child restraint system requirements in existing
	67	+	law as follows:
	68	+	! Increases the age at which children are required to use a
	69	+	child restraint system from under 8 years of age to under 9
	70	+	years of age and adds that a child under 57 inches in height,
	71	+	regardless of age, must use a child restrain system;
	72	+	! Increases the age, from under one year of age to under 2
	73	+	years of age, and the weight, from under 20 pounds to
	74	+	under 40 pounds, of children who must be restrained in a
	75	+	rear-facing child restraint system in a rear seat of the
	76	+	vehicle;
	77	+	! Increases the age, from one year of age or older to 2 years
	78	+	of age or older, of children who must be restrained in a
	79	+	rear-facing or forward-facing child restraint system in a
	80	+	rear seat of the vehicle, if a rear seat is available;
	81	+	! Adds a requirement that children who are at least 4 years of
	82	+	age but under 9 years of age and who weigh at least 40
	83	+	pounds utilize a booster seat, which must be situated in a
	84	+	rear seat of the vehicle, if a rear seat is available; and
	85	+	! Adds a requirement that children who are at least 9 years of
	86	+	age but under 13 years of age sit in the rear seat of a
	87	+	vehicle, if a rear seat is available, and be properly secured
	88	+	with a safety belt.
	89	+	Be it enacted by the General Assembly of the State of Colorado:1
	90	+	SECTION 1. Legislative declaration. (1) The general assembly2
	91	+	finds and declares that:3
	92	+	(a) Cars remain a leading cause of death for children in Colorado;4
	93	+	1055-2- from 2015 to 2019, 48 children under age eight were killed in passenger1
	94	+	vehicle crashes. The Colorado department of transportation estimates that2
	95	+	59% to nearly 84% of children are improperly restrained while riding in3
	96	+	a vehicle.4
	97	+	(b) According to data from the federal centers for disease control5
	98	+	and prevention, American Indian and Alaska Native children and Black6
	99	+	children are more likely to be killed in a crash than white children.7
	100	+	Children in rural areas are also typically at higher risk, as studies indicate8
	101	+	that children in rural areas are more likely to be incorrectly restrained than9
	102	+	children in urban areas.10
	103	+	(c) In 2018, the American Academy of Pediatrics updated its child11
	104	+	passenger safety best practice recommendations to optimize safety in12
	105	+	passenger vehicles for children from birth through adolescence.13
	106	+	Colorado's child passenger safety laws related to car seats, booster seats,14
	107	+	and seat belt requirements have not been updated in over a decade and15
	108	+	have fallen behind in ensuring children in Colorado are as safe as possible16
	109	+	if or when a motor vehicle crash occurs.17
	110	+	(d) It is critical for families to have timely access to replacement18
	111	+	car seats following an accident and when children have medically19
	112	+	complex needs requiring specialized adaptive car seats; and20
	113	+	(e) Twenty-three states, the District of Columbia, and the United21
	114	+	States Virgin Islands require children younger than 2 years old to be in a22
	115	+	rear-facing child safety seat. Research shows that children aged 0 to 423
	116	+	years are less likely to be injured in a motor vehicle crash if they are24
	117	+	restrained in a rear-facing car seat, as opposed to a forward-facing car25
	118	+	seat.26
	119	+	(2) Therefore, the general assembly further declares that it is in27
	120	+	1055
	121	+	-3- the best interest of the state of Colorado to modernize child passenger1
	122	+	safety laws.2
	123	+	SECTION 2. In Colorado Revised Statutes, 42-4-236, amend3
	124	+	(2)(a), (2)(b), (3)(b), and (4) as follows:4
	125	+	42-4-236. Child restraint systems required - definitions -5
	126	+	exemptions. (2) (a) (I) Unless exempted pursuant to subsection (3) of6
	127	+	this section and except as otherwise provided in subparagraphs (II) and7
	128	+	(III) of this paragraph (a) SUBSECTIONS (2)(a)(II), (2)(a)(III), AND8
	129	+	(2)(a)(IV) OF THIS SECTION, every child who is under eight NINE years of9
	130	+	age and who is being transported in this state in a motor vehicle or in a10
	131	+	vehicle operated by a child care center shall be properly restrained in a11
	132	+	child restraint system according to the manufacturer's instructions.12
	133	+	(II) If the child is less than one year TWO YEARS of age, and13
	134	+	weighs less than twenty pounds, the child shall be properly restrained in14
	135	+	a rear-facing child restraint system in a rear seat of the vehicle, IF A REAR15
	136	+	SEAT IS AVAILABLE, AND:16
	137	+	(A) IN A REAR-FACING CHILD RESTRAINT SYSTEM IF THE CHILD17
	138	+	WEIGHS UNDER FORTY POUNDS ; OR18
	139	+	(B) IN A REAR-FACING OR FORWARD-FACING CHILD RESTRAINT19
	140	+	SYSTEM IF THE CHILD WEIGHS FORTY POUNDS OR MORE .20
	141	+	(III) If the child is one year TWO YEARS of age or older, but less21
	142	+	than four years of age, and weighs less than forty pounds, but at least22
	143	+	twenty pounds, the child shall be properly restrained: in a rear-facing or23
	144	+	forward-facing child restraint system.24
	145	+	(A) IN A REAR-FACING OR FORWARD-FACING CHILD RESTRAINT25
	146	+	SYSTEM; AND26
	147	+	(B) IN THE REAR SEAT OF A VEHICLE, IF A REAR SEAT IS AVAILABLE.27
	148	+	1055
	149	+	-4- (IV) IF THE CHILD IS FOUR YEARS OF AGE OR OLDER , BUT LESS1
	150	+	THAN NINE YEARS OF AGE, AND WEIGHS AT LEAST FORTY POUNDS, THE2
	151	+	CHILD SHALL BE PROPERLY RESTRAINED :3
	152	+	(A) IN A CHILD RESTRAINT SYSTEM OR BOOSTER SEAT ; AND4
	153	+	(B) IN THE REAR SEAT OF A VEHICLE, IF A REAR SEAT IS AVAILABLE.5
	154	+	(b) Unless excepted pursuant to subsection (3) of this section,6
	155	+	every child who is at least eight NINE years of age but less than sixteen7
	156	+	EIGHTEEN years of age who is being transported in this state in a motor8
	157	+	vehicle or in a vehicle operated by a child care center shall be properly9
	158	+	restrained in a safety belt or child restraint system according to the10
	159	+	manufacturer's instructions.11
	160	+	(3) Except as provided in section 42-2-105.5 (4), subsection (2)12
	161	+	of this section does not apply to a child who:13
	162	+	(b) Is less than eight NINE years of age and is being transported in14
	163	+	a motor vehicle as a result of a medical or other life-threatening15
	164	+	emergency and a child restraint system is not available;16
	165	+	(4) The division of highway safety shall USE EXISTING NATIONAL17
	166	+	HIGHWAY TRAFFIC SAFETY ADMINISTRATION OCCUPANT PROTECTION18
	167	+	GRANT FUNDS TO implement a program for public information and19
	168	+	education concerning UPDATES TO CHILD RESTRAINT SYSTEM20
	169	+	REQUIREMENTS, the use of child restraint systems, and the provisions of21
	170	+	this section. 22
	171	+	SECTION 3. Effective date. This act takes effect January 1,23
	172	+	2025.24
	173	+	SECTION 4. Safety clause. The general assembly finds,25
	174	+	determines, and declares that this act is necessary for the immediate26
	175	+	preservation of the public peace, health, or safety or for appropriations for27
	176	+	1055
	177	+	-5- the support and maintenance of the departments of the state and state1
	178	+	institutions. 2
	179	+	1055
	180	+	-6-