HOUSE BILL 24-1135
BY REPRESENTATIVE(S) Soper and Snyder, Bird, Evans, Armagost,
deGruy Kennedy, McCluskie, Lieder;
also SENATOR(S) Roberts and Will, Hansen, Michaelson Jenet, Priola,
Baisley, Hinrichsen, Smallwood, Van Winkle.
C
ONCERNING OFFENSES RELATED TO REQUIREMENTS FOR OPERATING A
VEHICLE
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 42-2-404, amend (3)
as follows:
42-2-404. Commercial driver's license - limitations - unlawful
direction to operate a commercial motor vehicle - rules. (3) (a) In
addition to any applicable federal penalty concerning commercial motor
vehicle operators, any person who violates subsection (1) or (2) of this
section, or any rule or regulation promulgated by the department pursuant
to this part 4, commits a
CLASS 1 MISDEMEANOR TRAFFIC OFFENSE; EXCEPT
THAT
, IF A PERSON WHO VIOLATES SUBSECTION (1) OR (2) OF THIS SECTION
PRESENTS A VALID COMMERCIAL DRIVER
'S LICENSE TO THE COURT WITHIN
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. THIRTY DAYS AFTER THE DATE OF THE VIOLATION OR AT THE PERSON 'S FIRST
SCHEDULED COURT APPEARANCE
, THE PERSON, IF CONVICTED, IS GUILTY OF
A
class A traffic infraction.
(b) (I) A
N EMPLOYER OR AN OFFICER OR AGENT OF AN EMPLOYER
SHALL NOT AUTHORIZE OR PERMIT AN EMPLOYEE TO OPERATE A
COMMERCIAL MOTOR VEHICLE IF THE EMPLOYER
, OFFICER, OR AGENT KNOWS
OR REASONABLY SHOULD KNOW THAT THE EMPLOYEE DOES NOT SATISFY THE
REQUIREMENTS IN SUBSECTION
(1) OF THIS SECTION TO OPERATE A
COMMERCIAL MOTOR VEHICLE
.
(II) A
N EMPLOYER, OFFICER, OR AGENT WHO VIOLATES SUBSECTION
(3)(b)(I) OF THIS SECTION COMMITS UNLAWFUL DIRECTION TO OPERATE A
COMMERCIAL MOTOR VEHICLE
. UNLAWFUL DIRECTION TO OPERATE A
COMMERCIAL MOTOR VEHICLE IS A CLASS
1 MISDEMEANOR TRAFFIC OFFENSE.
SECTION 2. In Colorado Revised Statutes, 43-2-145, add (2.1),
(2.2), and (2.3) as follows:
43-2-145. Transportation legislation review - committee -
definition - repeal. (2.1) (a) D
URING THE 2024 LEGISLATIVE INTERIM, THE
COMMITTEE SHALL ANALYZE THE ISSUE OF ENFORCEMENT OF IMPAIRED
DRIVING OFFENSES
, INCLUDING SITUATIONS INVOLVING A DRIVER WHO
REFUSES TO TAKE OR COMPLETE A BLOOD OR BREATH TEST AS REQUIRED BY
LAW
.
(b) T
HE COMMITTEE MAY REQUEST AND RECEIVE INPUT FROM THE
COLORADO STATE PATROL AND THE COLORADO TASK FORCE ON DRUNK AND
IMPAIRED DRIVING CREATED IN SECTION
42-4-1306 AND TAKE TESTIMONY
FROM INTERESTED OR KNOWLEDGEABLE PEOPLE ABOUT THE ISSUE OF
ENFORCEMENT OF IMPAIRED DRIVING OFFENSES AND MAY OTHERWISE
RESEARCH THE ISSUE
.
(c) T
HE COMMITTEE MAY MAKE RE COMMENDATIONS CONCERNING
THE ISSUE OF ENFORCEMENT OF IMPAIRED DRIVING OFFENSES DESCRIBED IN
THIS SUBSECTION
(2.1) TO THE GENERAL ASSEMBLY, AND, IF THE COMMITTEE
RECOMMENDS LEGISLATION
, THE LEGISLATION IS TREATED AS LEGISLATION
RECOMMENDED BY AN INTERIM LEGISLATIVE COMMITTEE FOR PURPOSES OF
ANY INTRODUCTION DEADLINES OR BILL LIMITATIONS IMPOSED BY THE JOINT
RULES OF THE GENERAL ASSEMBLY
.
PAGE 2-HOUSE BILL 24-1135 (d) THIS SUBSECTION (2.1) IS REPEALED, EFFECTIVE JULY 1, 2025.
(2.2) (a) D
URING THE 2024 LEGISLATIVE INTERIM, THE COMMITTEE
SHALL STUDY THE ISSUE OF CARELESS DRIVING
, DESCRIBED IN SECTION
42-4-1402, THAT RESULTS IN ACCIDENTAL DEATH . THE COMMITTEE SHALL
STUDY THE FREQUENCY OF CARELESS DRIVING INCIDENTS THAT RESULT IN
ACCIDENTAL DEATH AND WHETHER THE CURRENT POSSIBLE CIVIL AND
CRIMINAL CHARGES
, INCLUDING CHARGES THAT MAY BE BROUGHT IN
ADDITION TO THOSE FOR CARELESS DRIVING
, AND ASSOCIATED PENALTIES,
ARE APPROPRIATE.
(b) A
S PART OF ITS STUDY, THE COMMITTEE SHALL REQUEST INPUT
FROM THE
COLORADO DISTRICT ATTORNEYS ' COUNCIL, THE OFFICE OF STATE
PUBLIC DEFENDER
, PRIVATE CRIMINAL DEFENSE ATTORNEYS , PLAINTIFF AND
DEFENSE COUNSEL WHO HANDLE CIVIL CLAIMS RELATED TO TRAFFIC
ACCIDENTS
, VICTIM REPRESENTATIVES , CRIMINAL JUSTICE REFORM
ORGANIZATIONS IN
COLORADO, THE JUDICIAL DEPARTMENT, THE COLORADO
STATE PATROL
, AND OTHER LAW ENFORCEMENT AGENCIES .
(c) T
HE COMMITTEE MAY MAKE RECOMMENDATIONS TO THE
GENERAL ASSEMBLY CONCERNING CARELESS DRIVING INCIDENTS THAT
RESULT IN ACCIDENTAL DEATH
. IF THE COMMITTEE RECOMMENDS
LEGISLATION
, THE LEGISLATION IS TREATED AS LEGISLATION RECOMMENDED
BY AN INTERIM LEGISLATIVE COMMITTEE FOR PURPOSES OF ANY
INTRODUCTION DEADLINES OR BILL LIMITATIONS IMPOSED BY THE JOINT
RULES OF THE GENERAL ASSEMBLY
. IF THE COMMITTEE DOES NOT
RECOMMEND LEGISLATION
, THE COMMITTEE SHALL REPORT TO THE GENERAL
ASSEMBLY
, IN WRITING, THE FINDINGS OF ITS STUDY AND ANY
RECOMMENDATIONS OF THE COMMITTEE
. THE WRITTEN FINDINGS AND
RECOMMENDATIONS MAY BE INCLUDED IN THE COMMITTEE
'S FINAL REPORT
MADE FOLLOWING ITS WORK DURING THE
2024 LEGISLATIVE INTERIM.
(d) T
HIS SUBSECTION (2.2) IS REPEALED, EFFECTIVE JULY 1, 2025.
(2.3) (a) D
URING THE 2024 LEGISLATIVE INTERIM, THE COMMITTEE
SHALL STUDY THE ISSUE OF THE APPROPRIATE PENALTY FOR FAILING TO
MAINTAIN MOTOR VEHICLE OR LOW
-POWERED SCOOTER INSURANCE AND
PRESENT EVIDENCE OF INSURANCE TO A REQUESTING OFFICER
, AS REQUIRED
IN SECTION
42-4-1409. ANY REQUIREMENT TO MAINTAIN INSURANCE TO
OPERATE A COMMERCIAL VEHICLE
, AND THE PENALTY FOR NOT MAINTAINING
PAGE 3-HOUSE BILL 24-1135 COMMERCIAL VEHICLE INSURANCE , IS NOT WITHIN THE SCOPE OF THE STUDY
REQUIRED IN THIS SUBSECTION
(2.3).
(b) A
S PART OF ITS STUDY, THE COMMITTEE SHALL REQUEST INPUT
FROM COUNTY COURT JUDGES
, THE COLORADO STATE PATROL AND OTHER
LAW ENFORCEMENT AGENCIES
, THE COLORADO DISTRICT ATTORNEYS '
COUNCIL, THE OFFICE OF STATE PUBLIC DEFENDER, PRIVATE ATTORNEYS WHO
DEFEND PERSONS IN ACTIONS RELATED TO MAINTAINING MOTOR VEHICLE
INSURANCE
, VICTIMS OF PERSONS DRIVING WITHOUT INSURANCE , PERSONS
WHO WERE CONVICTED OF DRIVING WITHOUT INSURANCE
, THE DEPARTMENT
OF REVENUE
, AND CRIMINAL JUSTICE REFORM ORGANIZATIONS IN
COLORADO. UPON APPROVAL OF THE EXECUTIVE COMMITTEE OF THE
LEGISLATIVE COUNCIL
, THE COMMITTEE MAY HOLD HEARINGS AWAY FROM
THE CAPITOL AS PART OF THE STUDY
.
(c) T
HE COMMITTEE MAY MAKE RECOMMENDATIONS TO THE
GENERAL ASSEMBLY CONCERNING THE APPROPRIATE PENALTY FOR FAILING
TO MAINTAIN INSURANCE AND PRESENT EVIDENCE OF INSURANCE TO A
REQUESTING OFFICER
. IF THE COMMITTEE RECOMMENDS LEGISLATION , THE
LEGISLATION IS TREATED AS LEGISLATION RECOMMENDED BY AN INTERIM
LEGISLATIVE COMMITTEE FOR PURPOSES OF ANY INTRODUCTION DEADLINES
OR BILL LIMITATIONS IMPOSED BY THE JOINT RULES OF THE GENERAL
ASSEMBLY
. IF THE COMMITTEE DOES NOT RECOMMEND LEGISLATION , THE
COMMITTEE SHALL REPORT TO THE GENERAL ASSEMBLY
, IN WRITING, THE
FINDINGS OF ITS STUDY AND ANY RECOMMENDATIONS OF THE COMMITTEE
.
T
HE WRITTEN FINDINGS AND RECOMMENDATIONS MAY BE INCLUDED IN THE
COMMITTEE
'S FINAL REPORT MADE FOLLOWING ITS WORK DURING THE 2024
LEGISLATIVE INTERIM.
(d) T
HIS SUBSECTION (2.3) IS REPEALED, EFFECTIVE JULY 1, 2025.
SECTION 3. Appropriation. (1) For the 2024-25 state fiscal year,
$1,455 is appropriated to the department of revenue. 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 as follows:
(a) $992 for DRIVES maintenance and support;
(b) $160 for use by the division of motor vehicles for personal
PAGE 4-HOUSE BILL 24-1135 services related to vehicle services;
(c) $105 for use by the executive director's office for personal
services related to administration and support; and
(d) $198 for payments to OIT.
SECTION 4. Effective date - applicability. This act takes effect
upon passage; except that section 1 of this act takes effect August 1, 2024,
and applies to offenses committed on or after said date.
SECTION 5. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
PAGE 5-HOUSE BILL 24-1135 preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-HOUSE BILL 24-1135