Proposed initiative measure 2017-2018 # 19 revision
INITIATED STATUTE TO PROHIBIT THE SALE OF A SMARTPHONE IF THE INTENDED
OWNER IS UNDER 13 YEARS OF AGE

Colorado Citizen Proposed Ballot Initiative,
Be it Enacted by the People of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add Part 7 To Article 35 Section 24
24-35-701. Short title. The short title of this act is “PRESERVATION OF NATURAL CHILDHOOD”
24-35-702. Legislative declaration.
(1) Whereas WE THE PARENTS AND CONCERNED CITIZENS OF THIS MOST MAGNIFICENT STATE THROUGH
FIRST HAND EXPERIENCE AND MOUNTING SCIENTIFIC DATA HAVE COME TO BELIEVE THAT SMARTPHONES
ARE ADDICTIVE, HARMFUL, AND DANGEROUS IN THE HANDS OF CHILDREN.

(2) Whereas THE MANUFACTURES AND SERVICE PROVIDERS OF SMARTPHONES HAVE CONTINUED
UNABATED TO PROMOTE THEIR USE IN A RECKLESS AND WANTON MANNER, WITH NO CONCERN FOR OUR
CHILDREN'S HEALTH OR SAFETY.

(3) Whereas OUR GOVERNMENT BODIES ON ALL LEVELS HAVE FAILED TO GRASP THE LEVEL OF ADDICTION,
THE SEVERITY OF THE HARM, OR THE UNMENTIONABLE STARK DEPRAVITY OF THE DANGERS.

(4) Whereas WE AS PARENTS FIND THIS MATTER TO BE SO WIDESPREAD, SO INSIDIOUS AND OF THE VERY
HIGHEST PRIORITY. NO HALF MEASURES, INEFFECTUAL EDUCATION CAMPAIGNS, NEW APPLICATIONS, OR
PROMISES FROM MEGA-CORPORATIONS OF IMPROVEMENT WILL SUFFICE TO CAUSE THE GREAT CHANGE
NECESSARY TO RESCUE THIS AND GENERATIONS OF CHILDREN TO COME FROM THE CARELESS AND
EXPERIMENTAL INTRODUCTION OF SIMILAR TECHNOLOGICAL DEVICES AND ADVANCEMENTS BY PROFIT
DRIVEN CORPORATIONS.

Henceforth any business or entity involved in the distribution or sale of smartphones shall require valid
identification of intended owner to verify the age of the intended owner, at time of purchase. If intended
owner has not reached the age of 13 years old then the business or entity may not lawfully complete the
transaction without facing stiff monetary penalties.
24-35-703. Definitions. As used in this 24-35-7 , unless the context otherwise requires
(1) "SMARTPHONE” IS DEFINED AS IT IS UNDERSTOOD IN COMMON MODERN ENGLISH. THE INITIAL MODEL
BEING THE iPHONE, INTRODUCED IN 2007. ANY HAND HELD DEVICE WITH MOBILE INTERNET CONNECTIVITY,
OR MOBILE DATA CONNECTIVITY OR WIFI CONNECTIVITY. FURTHER DEFINED AS: A MOBILE PHONE THAT
PERFORMS MANY OF THE FUNCTIONS OF A PERSONAL COMPUTER, TYPICALLY HAVING A TOUCHSCREEN
INTERFACE, MOBILE INTERNET ACCESS, AND AN OPERATING SYSTEM CAPABLE OF RUNNING DOWNLOADED
APPLICATIONS.

(2) “CELLULAR PHONE” IS DEFINED AS A MOBILE PHONE UTILIZING A TELEPHONE SYSTEM USING LOWPOWERED RADIO TRANSMITTERS, WITH EACH TRANSMITTER COVERING A DISTINCT GEOGRAPHICAL AREA
(CELL) AND COMPUTER EQUIPMENT TO SWITCH A CALL FROM ONE AREA TO ANOTHER, THUS ENABLING
PORTABLE PHONE SERVICE.

 (3) “DEPARTMENT” MEANS THE DEPARTMENT OF REVENUE.
(4) "PRETEEN MINOR" MEANS A PERSON UNDER THIRTEEN YEARS OF AGE.
(5) "RETAILER" MEANS A BUSINESS OF ANY KIND AT A SPECIFIC LOCATION THAT SELLS SMARTPHONES,
EITHER NEW OR USED, TO A USER OR CONSUMER, OR A PROVIDER THAT OPERATES IN ANOTHER
JURISDICTION , BUT DELIVERS AND/OR SELLS SMARTPHONES, EITHER NEW OR USED, TO A USER OR
CONSUMER IN COLORADO.

(6) “VALID IDENTIFICATION” MEANS THE SAME AS IN SECTION 42-5-105 (2)(b) (I)(II)(III)(IV)
24-35-704. SALE OF A SMARTPHONE TO PRETEENS PROHIBITED. SALE OF A SMARTPHONE TO ANY
PERSON THAT VERBALLY STATES THEY ARE GIVING THE SMARTPHONE TO A PRETEEN PROHIBITED.
RETAILER RESPONSIBILITIES AND SELF REPORTING.

(1) NO LIMITS, IMPLIED OR OTHERWISE ARE IMPOSED BY THIS MEASURE ON THE SALE OF CELLULAR
PHONES, INCLUDING CELLULAR PHONES WITH TEXTING AND GPS CAPABILITIES

(2) NO RETAILER SHALL SELL OR PERMIT THE SALE OF A SMARTPHONE TO A PRETEEN MINOR; EXCEPT THAT
IT IS NOT A VIOLATION IF THE RETAILER ESTABLISHES THAT THE PERSON SELLING THE SMARTPHONE WAS
PRESENTED WITH AND REASONABLY RELIED UPON A VALID IDENTIFICATION THAT IDENTIFIED THE PERSON
PURCHASING THE SMARTPHONE AS BEING THIRTEEN YEARS OF AGE OR OLDER.

(3) NO RETAILER SHALL SELL OR PERMIT THE SALE OF A SMARTPHONE TO ANY PERSON OF ANY AGE IF THE
PURCHASER STATES THE SMARTPHONE WILL BE WHOLLY, OR PRIMARILY OWNED BY A PRETEEN MINOR.

(4) RETAILER SHALL VERBALLY INQUIRE ABOUT THE AGE OF INTENDED PRIMARY OWNER PRIOR TO
COMPLETING THE SALE OF ANY SMARTPHONE.

(5) RETAILER MUST DOCUMENT THE RESPONSE OF PURCHASER AND KEEP A RECORD OF THIS RESPONSE.
(6) RETAILER MUST FILE A MONTHLY REPORT TO THE DEPARTMENT THAT PROVIDES A LISTING OF:
(a) THE TYPE OF PHONE THAT WAS PURCHASED EITHER SMARTPHONE OR CELLULAR
(b) THE AGE OF THE INTENDED PRIMARY OWNER AT TIME OF PURCHASE
(7) RETAILER TO PAY THE FILING FEE ASSOCIATED WITH THIS MONTHLY REPORT.
(a) THE MONTHLY FILING FEE FOR THE REPORT IS $20.00 FOR THE FIRST CALENDER YEAR OF THE
ENACTMENT OF THIS MEASURE.

(b) THE FILING FEE WILL CHANGE YEARLY ACCORDING TO THE REVENUE NEEDS OF THE DEPARTMENT TO
ENFORCE THIS MEASURE SO THAT THIS MEASURE REMAINS REVENUE NEUTRAL.

24-35-705. ENFORCEMENT AUTHORITY. EXECUTIVE DIRECTOR DUTIES
(1) THE DEPARTMENT HAS THE POWER TO ENFORCE ALL STATE STATUTES RELATING TO THE PROHIBITION
OF THE SALE OF SMARTPHONES TO PRETEEN MINORS.

(2) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL DETERMINE AND IMPLEMENT THE RESOURCES
NECESSARY TO CARRY OUT THE ENFORCEMENT OF THIS MEASURE INCLUDING:

(a) THE CREATION OF A WEBSITE PORTAL TO CAPTURE MONTHLY REPORT AND FEE

 (b) INVESTIGATION OF INFRACTIONS SUSPECTED OR REPORTED TO THE DEPARTMENT
(c) COLLECTION OF FEES AND PENALTIES
(3)THE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL DETERMINE THE DEPARTMENT FISCAL NEEDS
FOR IMPLEMENTATION AND SET THE AMOUNT OF THE MONTHLY FILING FEE ON A YEARLY BASIS TO COVER
THE ESTIMATED COSTS FOR THE SUBSEQUENT YEAR.

24-35-706. HEARINGS.
(1) SUBJECT TO THE LIMITATIONS CONTAINED IN SECTION 24-35-704, THE DEPARTMENT, ON ITS OWN
MOTION OR ON A COMPLAINT FROM ANOTHER GOVERNMENTAL AGENCY OR CITIZEN HAS THE POWER TO
PENALIZE RETAILERS FOR VIOLATIONS OF SECTION 24-35-704.

(2) A RETAILER ACCUSED OF VIOLATING SECTION 24-35-704 SHALL BE ENTITLED TO WRITTEN NOTICE OF
THE TIME AND PLACE OF THE HEARING PERSONALLY DELIVERED TO THE RETAILER AT THE ACTUAL RETAIL
LOCATION OR MAILED TO THE RETAILER AT THE LAST KNOWN ADDRESS AS SHOWN BY THE RECORDS OF
THE DEPARTMENT. THE RETAILER IS ALSO ENTITLED TO BE REPRESENTED BY COUNSEL, TO PRESENT
EVIDENCE, AND TO CROSS-EXAMINE WITNESSES.

(a) A RETAILER THAT DOES NOT CLAIM AN AFFIRMATIVE DEFENSE PURSUANT TO SECTION 24-35-707 (2)
MAY WAIVE THEIR RIGHT TO A HEARING AND PAY THE APPROPRIATE FINE.

(3) A HEARING PURSUANT TO THIS SECTION SHALL BE CONDUCTED AT A LOCATION DESIGNATED BY THE
DEPARTMENT BEFORE A HEARING OFFICER. THE HEARING OFFICER SHALL HAVE THE POWER TO
ADMINISTER OATHS AND ISSUE SUBPOENAS TO REQUIRE THE PRESENCE OF PERSONS AND THE PRODUCTION
OF DOCUMENTS RELATING TO ANY ALLEGED VIOLATION OF SECTION 24-35-704.

(4) IF THE HEARING OFFICER FINDS, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE RETAILER
VIOLATED SECTION 24-35-704, THE HEARING OFFICER MAY ISSUE A WRITTEN ORDER OR LEVY A FINE
AGAINST THE RETAILER, SUBJECT TO THE PROVISIONS OF SECTION 24-35-707.
(5) THE FINDINGS OF THE HEARING OFFICER SHALL BE A FINAL AGENCY ORDER. ANY APPEAL OF THE
DECISION OF THE HEARING OFFICER SHALL BE FILED WITH THE COLORADO COURT OF APPEALS PURSUANT
TO SECTION 24-4-106 (11).

(6) ANY UNPAID FINE LEVIED PURSUANT TO THIS SECTION TOGETHER WITH REASONABLE ATTORNEY FEES
MAY BE COLLECTED IN A CIVIL ACTION FILED BY THE ATTORNEY GENERAL.
(7) ANY FINES COLLECTED FOR VIOLATIONS OF SECTION 24-35-704 SHALL BE FORWARDED TO THE
DEPARTMENT FOR COSTS ASSOCIATED WITH THE ADMINISTRATION OF SECTION 24-35-7, ANY PROCEEDS IN
EXCESS OF DEPARTMENT NEEDS SHALL BE FORWARDED TO THE TREASURER OF THE STATE WHO SHALL
CREDIT THEM TO THE DEPARTMENT OF EDUCATION FOR USE IN ELEMENTARY SCHOOL FUNDING.

24-35-707. LIMITATION ON FINES.
(1) FOR A VIOLATION OF SECTION 24-35-704 (2),(3)(6) OR (7), THE PENALTY SHALL BE AS FOLLOWS:
(a) A WRITTEN WARNING FOR A FIRST VIOLATION COMMITTED WITHIN A TWENTY-FOUR-MONTH PERIOD;
(b) A FINE OF FIVE HUNDRED DOLLARS FOR A SECOND VIOLATION WITHIN A TWENTY-FOUR-MONTH
PERIOD;

 (c) A FINE OF ONE THOUSAND DOLLARS FOR A THIRD VIOLATION WITHIN A TWENTY-FOUR-MONTH PERIOD;
(d) A FINE OF TWO THOUSAND DOLLARS FOR A FOURTH VIOLATION WITHIN A TWENTY-FOUR-MONTH
PERIOD; AND

(e) A FINE OF BETWEEN TWO THOUSAND DOLLARS AND TWENTY THOUSAND DOLLARS FOR A FIFTH OR
SUBSEQUENT VIOLATION WITHIN A TWENTY-FOUR-MONTH PERIOD.

(2) NOTWITHSTANDING SUBSECTION (1) OF THIS SECTION, NO FINE FOR A VIOLATION OF SECTION 24-35704 SHALL BE IMPOSED UPON A RETAILER THAT CAN ESTABLISH AN AFFIRMATIVE DEFENSE TO THE
SATISFACTION OF THE DIVISION OR THE HEARING OFFICER THAT, PRIOR TO THE DATE OF THE VIOLATION,
IT:

(a) HAD ADOPTED AND ENFORCED A WRITTEN POLICY AGAINST SELLING SMARTPHONES TO PERSONS
UNDER THIRTEEN YEARS OF AGE;

(b) HAD INFORMED ITS EMPLOYEES OF THE APPLICABLE LAWS REGARDING THE SALE OF SMARTPHONES TO
PERSONS UNDER THIRTEEN YEARS OF AGE;

(c) REQUIRED EMPLOYEES TO VERIFY THE AGE OF SMARTPHONE CUSTOMERS BY WAY OF PHOTOGRAPHIC
IDENTIFICATION; AND

(d) HAD ESTABLISHED AND IMPOSED DISCIPLINARY SANCTIONS FOR NONCOMPLIANCE.
(3) THE AFFIRMATIVE DEFENSE ESTABLISHED IN SUBSECTION (2) OF THIS SECTION MAY BE USED BY A
RETAILER ONLY TWICE AT EACH LOCATION WITHIN ANY TWENTY-FOUR-MONTH PERIOD.

(4) A VIOLATION FOR NON-COMPLIANCE OF SECTION 24-35-704 (6) AND/OR (7), SHALL BE DEEMED TO
HAVE OCCURED 90 DAYS AFTER THE END OF THE MONTH FOR WHICH THE MONTHLY REPORT WAS DUE.

(a) PRIOR TO 90 DAYS THE FINES FOR NON-COMPLIANCE WITH SECTION 24-35-704 (6) SHALL BE AS
FOLLOWS:
I.

$50.00 FROM 31 TO 60 DAYS

II.

$100.00 FROM 61 TO 89 DAYS

III. AS DETERMINED BY THE OUTCOME
OF PROCEEDINGS PURSUANT TO
SECTIONS 24-35-706 AND 24-35-

707
24-35-708. EFFECTIVE DATE
EFFECTIVE DATE JANUARY 1, 2019