Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 24-0837.01 Yelana Love x2295 SENATE BILL 24-065 Senate Committees House Committees Transportation & Energy Transportation, Housing & Local Government Appropriations Appropriations A BILL FOR AN ACT C ONCERNING THE USE OF MOBILE ELECTRONIC DEVICES WHEN101 DRIVING A MOTOR VEHICLE , AND, IN CONNECTION THEREWITH , 102 MAKING AN APPROPRIATION .103 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 .) Current law prohibits an individual who is under 18 years of age from using a mobile electronic device when driving. The bill applies the prohibition to an individual who is 18 years of age or older unless the individual is using a hands-free accessory. The following uses are exempted: HOUSE Amended 3rd Reading May 5, 2024 HOUSE Amended 2nd Reading May 4, 2024 SENATE 3rd Reading Unamended March 15, 2024 SENATE Amended 2nd Reading March 13, 2024 SENATE SPONSORSHIP Hansen and Fields, Bridges, Cutter, Exum, Fenberg, Hinrichsen, Kolker, Marchman, Michaelson Jenet, Mullica, Roberts, Sullivan HOUSE SPONSORSHIP Froelich and Ortiz, Amabile, Bird, Boesenecker, Brown, Duran, Hamrick, Kipp, Lieder, Lindsay, Lindstedt, Lukens, Mauro, McCluskie, McCormick, Vigil, Young 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. ! By an individual reporting an emergency to state or local authorities; ! By an employee or contractor of a utility when responding to a utility emergency; ! By a first responder; or ! By an individual in a motor vehicle that is parked. The penalties for a violation are: ! For a first offense, $75 and 2 license suspension points; ! For a second offense within 24 months, $150 and 3 license suspension points; and ! For a third or subsequent offense within 24 months, $250 and 4 license suspension points. A violation will be dismissed if the individual has not previously committed a violation, produces proof of purchase of a hands-free accessory, and affirms, under penalty of perjury, that the defendant has not previously claimed this option to dismiss. Current law requires a peace officer who makes a traffic stop to record the demographic information of the violator, whether a citation has been issued, and the violation cited. The bill clarifies that the peace officer must record whether the bill has been violated. The executive director of the department of transportation, in consultation with the chief of the Colorado state patrol, is required to create a campaign raising public awareness of the requirements of the bill and of the dangers of using mobile electronic devices when driving. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, repeal and reenact,2 with amendments, 42-4-239 as follows:3 42-4-239. Use of a mobile electronic device - definitions -4 penalty - preemption - legislative declaration - repeal. (1) A S USED IN5 THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :6 (a) "E MERGENCY" MEANS A CIRCUMSTANCE IN WHICH AN7 INDIVIDUAL:8 (I) H AS REASON TO FEAR FOR THE INDIVIDUAL'S LIFE OR SAFETY OR9 BELIEVES THAT A CRIMINAL ACT MAY BE PERPETRATED AGAINST THE10 INDIVIDUAL OR ANOTHER INDIVIDUAL , REQUIRING THE USE OF A MOBILE11 065-2- ELECTRONIC DEVICE WHEN THE INDIVIDUAL IS DRIVING A MOTOR VEHICLE ;1 OR2 (II) R EPORTS A FIRE, A TRAFFIC ACCIDENT IN WHICH ONE OR MORE3 INJURIES ARE APPARENT, A SERIOUS ROAD HAZARD , A MEDICAL OR4 HAZARDOUS MATERIALS EMERGENCY , OR AN INDIVIDUAL WHO IS DRIVING5 IN A RECKLESS, CARELESS, OR UNSAFE MANNER.6 (b) "F IRST RESPONDER" MEANS:7 (I) A PEACE OFFICER, AS DESCRIBED IN SECTION 16-2.5-101;8 (II) A FIREFIGHTER, AS DEFINED IN SECTION 29-5-203 (10);9 (III) A VOLUNTEER FIREFIGHTER , AS DEFINED IN SECTION10 31-30-1102 (9)(a);11 (IV) A N EMERGENCY MEDICAL SERVICE PROVIDER , AS DEFINED IN12 SECTION 25-3.5-103 (8); OR13 (V) A NY OTHER INDIVIDUAL WHO RESPONDS IN A PROFESSIONAL14 CAPACITY TO A PUBLIC SAFETY EMERGENCY .15 (c) "H ANDS-FREE ACCESSORY" MEANS AN ACCESSORY WITH A16 FEATURE OR FUNCTION THAT ENABLES AN INDIVIDUAL TO USE A MOBILE17 ELECTRONIC DEVICE WITHOUT USING EITHER HAND , EXCEPT TO ACTIVATE,18 DEACTIVATE, OR INITIATE THE FEATURE OR FUNCTION WITH A SINGLE19 TOUCH OR SINGLE SWIPE.20 (d) (I) "M OBILE ELECTRONIC DEVICE" MEANS A HANDHELD OR21 PORTABLE ELECTRONIC DEVICE CAPABLE OF PROVIDING VOICE22 COMMUNICATION BETWEEN TWO OR MORE PERSONS , AMUSEMENT, OR THE23 WIRELESS TRANSFER OF DATA.24 (II) "M OBILE ELECTRONIC DEVICE" DOES NOT INCLUDE:25 (A) A RADIO, CITIZENS BAND RADIO, OR CITIZENS BAND RADIO26 HYBRID;27 065 -3- (B) A COMMERCIAL TWO-WAY RADIO COMMUNICATION DEVICE OR1 ITS FUNCTIONAL EQUIVALENT;2 (C) A SUBSCRIPTION-BASED EMERGENCY COMMUNICATION3 DEVICE;4 (D) A PRESCRIBED MEDICAL DEVICE;5 (E) A N AMATEUR OR HAM RADIO DEVICE ; OR6 (F) S YSTEMS THAT ARE DESIGNED FOR AND INSTALLED WITHIN THE7 VEHICLE'S ELECTRONICS, SUCH AS AN IN-VEHICLE SECURITY, NAVIGATION,8 COMMUNICATIONS, OR REMOTE DIAGNOSTICS SYSTEM .9 (e) "U SE" OR "USING" MEANS:10 (I) PHYSICALLY HOLDING A MOBILE ELECTRONIC DEVICE IN THE11 DRIVER'S HAND OR PINNING A MOBILE ELECTRONIC DEVICE TO A DRIVER'S12 EAR TO CONDUCT VOICE-BASED COMMUNICATION; EXCEPT THAT AN13 INDIVIDUAL MAY USE A SPEAKER OR OTHER LISTENING DEVICE THAT IS14 BUILT INTO PROTECTIVE HEADGEAR OR A DEVICE OR PORTION OF A DEVICE15 THAT ONLY COVERS ALL OR A PORTION OF ONE EAR AND THAT IS16 CONNECTED TO A WIRELESS, HANDHELD TELEPHONE AS PROVIDED IN17 SECTION 42-4-1411;18 (II) W ATCHING A VIDEO OR MOVIE ON A MOBILE ELECTRONIC19 DEVICE, OTHER THAN WATCHING DATA RELATED TO THE NAVIGATION OF20 THE MOTOR VEHICLE; OR21 (III) W RITING, SENDING, OR READING TEXT -BASED22 COMMUNICATION, INCLUDING A TEXT MESSAGE , INSTANT MESSAGE,23 E-MAIL, OR INTERNET DATA, ON A MOBILE ELECTRONIC DEVICE; EXCEPT24 THAT TEXT-BASED COMMUNICATION DOES NOT INCLUDE :25 (A) A VOICE-BASED COMMUNICATION THAT IS AUTOMATICALLY26 CONVERTED BY THE MOBILE ELECTRONIC DEVICE TO BE SENT AS A27 065 -4- MESSAGE IN WRITTEN FORM; OR1 (B) C OMMUNICATION CONCERNING THE NAVIGATION OF A MOTOR2 VEHICLE.3 (2) EXCEPT AS SPECIFIED IN SUBSECTION (4) OF THIS SECTION,4 AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE SHALL NOT DRIVE A5 MOTOR VEHICLE WHEN USING A MOBILE ELECTRONIC DEVICE .6 7 (3) EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION,8 AN INDIVIDUAL EIGHTEEN YEARS OF AGE OR OLDER SHALL NOT DRIVE A9 MOTOR VEHICLE WHEN USING A MOBILE ELECTRONIC DEVICE UNLESS THE10 USE IS THROUGH A HANDS-FREE ACCESSORY.11 (4) IT IS NOT A VIOLATION OF SUBSECTION (2) OR (3) OF THIS12 SECTION TO USE A MOBILE ELECTRONIC DEVICE :13 (a) TO CONTACT A PUBLIC SAFETY ENTITY;14 (b) DURING AN EMERGENCY;15 (c) WHEN IN A MOTOR VEHICLE THAT IS PARKED ;16 (d) WHEN AN EMPLOYEE OR CONTRACTOR OF A UTILITY IS ACTING17 WITHIN THE SCOPE OF THE EMPLOYEE'S OR CONTRACTOR'S DUTIES WHEN18 RESPONDING TO A UTILITY EMERGENCY ;19 (e) WHEN AN EMPLOYEE OR CONTRACTOR OF A CITY OR COUNTY20 IS ACTING WITHIN THE SCOPE OF THE EMPLOYEE'S OR CONTRACTOR'S21 DUTIES AS A CODE ENFORCEMENT OFFICER OR ANIMAL PROTECTION22 OFFICER; OR23 (f) DURING THE PERFORMANCE OF A FIRST RESPONDER'S OFFICIAL24 DUTIES.25 (5) A LAW ENFORCEMENT OFFICER SHALL NOT STOP OR CITE AN26 INDIVIDUAL FOR A VIOLATION OF SUBSECTION (2) OR (3) OF THIS SECTION27 065 -5- UNLESS:1 (a) (I) A LAW ENFORCEMENT OFFICER SAW THE OPERATOR USE A2 MOBILE ELECTRONIC DEVICE WHILE DRIVING ; AND3 (II) DURING THE USE OF THE MOBILE ELECTRONIC DEVICE, THE4 DRIVER WAS:5 (A) IN CLOSE PROXIMITY TO A VULNERABLE ROAD USER , AS6 DEFINED IN SECTION 42-4-1402.5 (1), ON THE ROADWAY OR ON AN7 IMMEDIATELY ADJACENT SIDEWALK ;8 (B) IN A SCHOOL ZONE;9 (C) ADJACENT TO A PARK;10 (D) IN A CONSTRUCTION ZONE; OR11 (E) ADJACENT TO A DESIGNATED BIKE LANE .12 (b) THE INDIVIDUAL WAS STOPPED BY A LAW ENFORCEMENT13 OFFICER FOR AN ALLEGED VIOLATION OF ANY OF THE FOLLOWING :14 (I) OBEDIENCE TO OFFICIAL TRAFFIC CONTROL DEVICES, AS15 SPECIFIED IN SECTION 42-4-603;16 (II) FAILURE TO YIELD A RIGHT-OF-WAY, AS SPECIFIED IN PART 717 OF THIS ARTICLE 4;18 (III) FAILURE TO EXERCISE DUE CARE TO AVOID PEDESTRIANS, AS19 SPECIFIED IN SECTION 42-4-807;20 (IV) FAILURE TO YIELD TO AN INDIVIDUAL WITH A DISABILITY, AS21 SPECIFIED IN SECTION 42-4-808;22 (V) LIMITATIONS ON TURNING AROUND, AS SPECIFIED IN SECTION23 42-4-902;24 (VI) FAILURE TO DRIVE ON THE RIGHT SIDE OF THE ROAD, AS25 SPECIFIED IN SECTION 42-4-1001;26 (VII) UNSAFE LANE CHANGE, AS SPECIFIED IN SECTION 42-4-1007;27 065 -6- (VIII) FOLLOWING TOO CLOSELY, AS SPECIFIED IN SECTION1 42-4-1008;2 (IX) DRIVING ON THE WRONG SIDE OF ROAD, AS SPECIFIED IN3 SECTION 42-4-1010;4 (X) SPEEDING, AS SPECIFIED IN SECTION 42-4-1101;5 (XI) RECKLESS DRIVING, AS SPECIFIED IN SECTION 42-4-1401; OR6 (XI) CARELESS DRIVING, AS SPECIFIED IN SECTION 42-4-1402.7 (6) (a) EXCEPT AS PROVIDED IN SUBSECTION (6)(b) OF THIS8 SECTION, AN INDIVIDUAL WHO VIOLATES THIS SECTION COMMITS A CLASS9 A TRAFFIC INFRACTION, AND THE COURT SHALL ASSESS A PENALTY AS10 PROVIDED IN SECTION 42-4-1701 (4)(a)(I)(P).11 (b) (I) A N INDIVIDUAL CHARGED WITH VIOLATING SUBSECTION (3)12 OF THIS SECTION SHALL NOT BE CONVICTED IF THE INDIVIDUAL :13 (A) P RODUCES A HANDS-FREE ACCESSORY OR PROOF OF PURCHASE14 OF A HANDS-FREE ACCESSORY; AND15 (B) A FFIRMS UNDER PENALTY OF PERJURY THAT THE INDIVIDUAL16 HAS NOT PREVIOUSLY HAD A CHARGE DISMISSED UNDER THIS SUBSECTION17 (5)(b).18 (II) T HE COURT CLERK MAY DISMISS THE CHARGE IF THE CLERK19 VERIFIES THAT THE INDIVIDUAL HAS COMPLIED WITH BOTH SUBSECTIONS20(6)(b)(I)(A) AND (6)(b)(I)(B) OF THIS SECTION.21 (c) T HIS SECTION DOES NOT APPLY TO AN INDIVIDUAL WITH A22 COMMERCIAL DRIVER 'S LICENSE WHO IS OPERATING A COMMERCIAL23 VEHICLE.24 (7) WHEN A PEACE OFFICER ISSUES A CITATION FOR A VIOLATION25 OF THIS SECTION, THE PEACE OFFICER SHALL, WHEN COMPLYING WITH26 SECTION 24-31-309 (3.5), RECORD THAT THE INDIVIDUAL WAS ISSUED A27 065 -7- CITATION FOR A VIOLATION OF THIS SECTION.1 (8) THIS SECTION DOES NOT AUTHORIZE THE SEIZURE AND2 FORFEITURE OF A MOBILE ELECTRONIC DEVICE , UNLESS OTHERWISE3 PROVIDED BY LAW. PRIOR TO REQUESTING CONSENT TO SEARCH A MOBILE4 ELECTRONIC DEVICE AS PART OF AN INVESTIGATION OF A VIOLATION OF5 THIS SECTION, A PEACE OFFICER SHALL COMPLY WITH THE REQUIREMENTS6 OF SECTION 16-3-310.7 (9) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2030.8 SECTION 2. In Colorado Revised Statutes, add 43-1-132 as9 follows:10 43-1-132. Mobile electronic device education - repeal. (1) B Y11 O CTOBER 1, 2024, THE EXECUTIVE DIRECTOR OR THE EXECUTIVE12 DIRECTOR'S DESIGNEE SHALL, IN CONSULTATION WITH THE CHIEF OF THE13 C OLORADO STATE PATROL, CREATE A CULTURALLY AND LINGUISTICALLY14 COMPETENT CAMPAIGN RAISING PUBLIC AWARENESS OF THE15 REQUIREMENTS OF SECTION 42-4-239 AND OF THE DANGERS OF USING16 MOBILE ELECTRONIC DEVICES WHEN DRIVING .17 (2) T HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.18 SECTION 3. In Colorado Revised Statutes, 42-2-127, amend19 (5)(jj) and (5)(jj.5); and add (5)(jj.7) as follows:20 42-2-127. Authority to suspend license - to deny license - type21 of conviction - points. (5) Point system schedule:22 Type of conviction Points23 (jj) A violation of section 42-4-239 (2) IF THE PERSON HAS NOT24 BEEN CONVICTED OF THE SAME VIOLATION WITHIN THE IMMEDIATELY25 PRECEDING TWENTY-FOUR MONTHS......................... 1 226 (jj.5) A SECOND violation of section 42-4-239 (3) WITHIN THE27 065 -8- IMMEDIATELY PRECEDING TWENTY -FOUR MONTHS.............. 4 31 (jj.7) A THIRD OR SUBSEQUENT VIOLATION OF SECTION 42-4-2392 WITHIN THE IMMEDIATELY PRECEDING TWENTY -FOUR MONTHS......43 SECTION 4. In Colorado Revised Statutes, 42-4-1701, amend4 (4)(a)(I)(P) as follows:5 42-4-1701. Traffic offenses and infractions classified -6 penalties - penalty and surcharge schedule - repeal. (4) (a) (I) Except7 as provided in subsection (5)(c) of this section, every person who is8 convicted of, who admits liability for, or against whom a judgment is9 entered for a violation of this title 42 to which subsection (5)(a) or (5)(b)10 of this section applies shall be fined or penalized and have a surcharge11 levied in accordance with sections 24-4.1-119 (1)(f) and 24-4.2-10412 (1)(b)(I), in accordance with the penalty and surcharge schedule set forth13 in subsections (4)(a)(I)(A) to (4)(a)(I)(S) of this section; or, if no penalty14 or surcharge is specified in the schedule, the penalty for class A and class15 B traffic infractions is fifteen dollars, and the surcharge is four dollars.16 These penalties and surcharges apply whether the defendant17 acknowledges the defendant's guilt or liability in accordance with the18 procedure set forth by subsection (5)(a) of this section, is found guilty by19 a court of competent jurisdiction, or has judgment entered against the20 defendant by a county court magistrate. Penalties and surcharges for21 violating specific sections are as follows:22 Section Violated Penalty Surcharge23 (P) Offenses by persons controlling vehicles:24 42-4-239 (5)(a) FIRST OFFENSE25 WITHIN THE IMMEDIATELY PRECEDING26 TWENTY-FOUR MONTHS $ 50.00 75.00 $ 6.00 10.0027 065 -9- 42-4-239 (5)(b) SECOND OFFENSE1 WITHIN THE IMMEDIATELY PRECEDING2 TWENTY-FOUR MONTHS 100.00 150.00 6.0010.003 42-4-239 (5.5) THIRD OFFENSE4 WITHIN THE IMMEDIATELY PRECEDING5 TWENTY-FOUR MONTHS 300.00 250.00 6.00 10.006 42-4-1704 15.00 6.007 SECTION 5. In Colorado Revised Statutes, add 24-33.5-231 as8 follows:9 24-33.5-231. Use of mobile electronic devices while driving -10 demographic information - report to legislature.11 (1) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), BY MAY 15, 2026,12 AND EACH MAY 15 THEREAFTER, THE COLORADO STATE PATROL AND13 EACH LOCAL LAW ENFORCEMENT AGENCY THAT EMPLOYS PEACE OFFICERS14 SHALL SUBMIT TO THE TRANSPORTATION LEGISLATION REVIEW15 COMMITTEE, CREATED IN SECTION 43-2-145, THE FOLLOWING16 INFORMATION FOR EACH CITATION AN OFFICER ISSUED FOR A VIOLATION17 OF SECTION 42-4-239 IN THE PRIOR CALENDAR YEAR:18 (a) THE DATE, TIME, AND LOCATION OF THE INTERACTION;19 (b) THE DEMOGRAPHIC INFORMATION OF THE INDIVIDUAL20 CONTACTED, SO LONG AS THE IDENTIFICATION OF THESE CHARACTERISTICS21 IS BASED ON SELF-IDENTIFICATION, THE OBSERVATION AND PERCEPTION OF22 THE OFFICER MAKING THE CONTACT , AND OTHER AVAILABLE DATA. AT23 MINIMUM, THIS DEMOGRAPHIC INFORMATION MUST INCLUDE :24 (I) RACE;25 (II) ETHNICITY;26 (III) GENDER; AND27 065 -10- (IV) AGE.1 (c) THE INITIAL REASON FOR THE INTERACTION;2 (d) THE RESULT OF THE INTERACTION, SUCH AS:3 (I) NO ACTION, A WARNING, A CITATION, PROPERTY SEIZURE, OR4 ARREST;5 (II) IF A WARNING OR CITATION WAS ISSUED , THE WARNING6 PROVIDED OR VIOLATION CITED; AND7 (III) IF AN ARREST WAS MADE , THE OFFENSE CHARGED AND8 WHETHER THE INDIVIDUAL WAS CONVICTED ; AND9 (e) THE ACTIONS TAKEN BY THE OFFICER DURING THE10 INTERACTION, INCLUDING WHETHER:11 (I) THE OFFICER ASKED FOR CONSENT TO SEARCH THE INDIVIDUAL12 AND, IF SO, WHETHER CONSENT WAS PROVIDED ;13 (II) THE OFFICER SEARCHED THE INDIVIDUAL OR ANY PROPERTY14 AND, IF SO, THE BASIS FOR THE SEARCH AND THE TYPE OF CONTRABAND OR15 EVIDENCE DISCOVERED, IF ANY; AND16 (III) THE OFFICER SEIZED ANY PROPERTY AND, IF SO, THE TYPE OF17 PROPERTY THAT WAS SEIZED AND THE BASIS FOR SEIZING THE PROPERTY.18 (2) THE COLORADO STATE PATROL AND LOCAL LAW ENFORCEMENT19 AGENCIES SHALL NOT REPORT TO THE COMMITTEE THE NAMES ,20 ADDRESSES, SOCIAL SECURITY NUMBERS, OR ANY OTHER UNIQUE21 PERSONAL IDENTIFYING INFORMATION OF INDIVIDUALS CONTACTED ,22 WARNED, TICKETED, ARRESTED, SEARCHED, OR SUBJECTED TO A PROPERTY23 SEIZURE. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE DATA24 REPORTED PURSUANT TO THIS SECTION IS AVAILABLE TO THE PUBLIC .25 SECTION 6. In Colorado Revised Statutes, 43-2-145, add (2.1)26 as follows:27 065 -11- 43-2-145. Transportation legislation review - committee -1 definition - repeal. (2.1) (a) EACH LEGISLATIVE INTERIM , THE2 COMMITTEE SHALL REVIEW THE INFORMATION PROVIDED TO THE3 COMMITTEE FROM THE COLORADO STATE PATROL AND LOCAL LAW4 ENFORCEMENT AGENCIES PURSUANT TO SECTION 24-33.5-231, INCLUDING5 WHETHER AND TO WHAT DEGREE THE ENFORCEMENT OF SECTION 42-4-2396 REFLECTS PRETEXTUAL STOPS OR DISPARATE RACIAL OR ETHNIC IMPACTS.7 (b) (I) DURING THE 2029 LEGISLATIVE INTERIM, THE COMMITTEE8 SHALL CONSIDER THE COMMUTATIVE INFORMATION REPORTED TO THE9 COMMITTEE PURSUANT TO SECTION 24-33.5-231 AND SHALL MAKE A10 RECOMMENDATION TO THE LEGISLATURE REGARDING WHETHER TO11 CONTINUE THE EXISTENCE OF THE PROHIBITION ON THE USE OF MOBILE12 ELECTRONIC DEVICES, AS SPECIFIED IN SECTION 42-4-239, OR ALLOW THE13 PROHIBITION TO REPEAL.14 (II) THIS SUBSECTION (2.1)(b) IS REPEALED, EFFECTIVE15 SEPTEMBER 1, 2030.16 SECTION 7. Appropriation. For the 2024-25 state fiscal year,17 $6,900 is appropriated to the department of revenue for use by the18 division of motor vehicles. This appropriation is from the Colorado19 DRIVES vehicle services account in the highway users tax fund created20 in section 42-1-211(2), C.R.S. To implement this act, the department may21 use this appropriation for DRIVES maintenance and support.22 SECTION 8. Act subject to petition - effective date -23 applicability. (1) Except as specified in subsection (2) of this section,24 this act takes effect at 12:01 a.m. on the day following the expiration of25 the ninety-day period after final adjournment of the general assembly;26 except that, if a referendum petition is filed pursuant to section 1 (3) of27 065 -12- article V of the state constitution against this act or an item, section, or1 part of this act within such period, then the act, item, section, or part will2 not take effect unless approved by the people at the general election to be3 held in November 2024 and, in such case, will take effect on the date of4 the official declaration of the vote thereon by the governor.5 (2) Section 42-4-239, Colorado Revised Statutes, as amended in6 section 1 of this act, takes effect January 1, 2025.7 (3) This act applies to conduct occurring on or after the applicable8 effective date of this act.9 (2) This act applies to conduct occurring on or after the applicable10 effective date of this act.11 065 -13-