CCW

DENVER – A conference committee this afternoon changed the language of HB-1094 to restrict text messaging while operating a motor vehicle but would allow a person to still dial a number while driving.

The committee approved the changes unanimously.

The bill is a stripped down version of what Rep. Clair Levy, D-Boulder, wanted. The original bill was to restrict talking or texting on a cell phone while driving. Now, it restricts anyone under 18 from operating a motor vehicle while texting or talking. Anyone over 18 can still talk on a cell phone while driving.

It also allows, under the definition of manually entering data into a cell phone, the dialing of phone numbers. Levy and Rep. Randy Fischer, D-Larimer wanted that included as a restriction, but didn’t believe it would pass in the general assembly.

“When you prohibit dialing, you effectively prohibit talking,” Levy said. “I would like to do that, but I don’ think that will pass.”

Fischer came up with the bill after the case involving a driver talking on a cell phone and running down 9-year-old Erica Forney in Fort Collins last year while she was on her way to school.

Fisher was emotional during the hearing and apologized to the family of Erica Forney.

“We tried our best,” he said. “I’m bitterly disappointed it has come down to this, but I understand the political realities.”

Rep. Frank McNulty, R-Douglas County, said the language in the bill was too narrowly confined to targeting cell phones and that is why it needed to be changed.

“Fiddling with the radio dial, kids in the back seat distracting you – we come back to the same situation and we’re right back where we started,” he said. “My hope is we allow more discretion to drivers.”

Sen. Bob Bacon, D-Larimer, said he was “barely hanging on to 18 votes” in the senate and that any tougher languages would kill the bill.

Lawmakers are scrambling to get a version of this bill passed by the end of the day today as the general assembly is set to adjourn for the session.

David Montero can be reached at davemontero@comcast.net