State lawmakers on Wednesday rejected a measure that would have limited the use of cellphones while driving, but they insisted the issue should not go dormant.
“It didn’t go nearly as far as it needed. This was giving a false concept we’ve done something when in fact we would have done nothing,” said Rep. Don Coram, R-Montrose, a member of the House Transportation and Energy Committee, which spiked the measure.
House Bill 1225 would have prohibited the use of phone apps while driving and barred drivers from taking calls on hand-held devices.
The use of a Bluetooth-type device would have been be acceptable.
According to the bill, the violation would be a secondary offense that could be applied only if the driver were stopped for a separate driving infraction. However, if law enforcement caught an individual using a cellphone in a school or construction zone, it would be a primary offense. Violations consisted of fines capped at about $100 — an amount some lawmakers said needed to be increased.
On Wednesday, state Rep. Jovan Melton, D-Aurora, the bill’s prime sponsor, tried to salvage the measure through amendments.
Some of those amendments exempted law enforcement and also were technical in terms of wording in the bill.
“I’m more than willing to increase the fines and find a compromise on the floor,” Melton told the committee.
But where some committee members voiced concern over deciphering whether the law would be a primary or secondary offense, Melton said he could not amend the bill because it would have lost broader support from some concerned over profiling and law enforcement being overused.
In 2009, Colorado lawmakers passed a measure that bans texting while driving. Twelve states, including California and Oregon, ban all drivers from using hand-held cellphones while driving, according to the National Conference of State Legislatures.
No state bans all cellphone use for all drivers.
“Distracted driving is already against the law and singling out one specific driving distraction will not improve safety. Furthermore, it will be difficult for law enforcement to enforce,” said Rep. Polly Lawrence, R-Castle Rock, who voted against the measure.
Shelley Forney refuses to touch her phone while behind the wheel, six years after a distracted driver drifted into a bike lane and struck and killed her 9-year-old daughter, who was just feet from the family’s driveway.
“Some people think it’s not distracting, but it is,” said Forney. “And it can have lifelong effects.”
Forney traveled to the state Capitol on Wednesday to testify on the proposal.
“We made progress in banning texting when driving,” said Forney, who also testified in support of the 2009 legislation. “Let’s continue that progress.”
Coram said the measure needed more substantial amendments to receive his support, and said the issue should be brought up again — though with serious penalties for distracted drivers and make all infractions primary offenses.
“If we’re going to pass legislation, let’s pass laws that will have an impact,” Coram said.
Kurtis Lee: 303-954-1655, klee@denverpost.com or twitter.com/kurtisalee
