HOUSE 3rd Reading Unamended April 8, 2011 HOUSE Amended 2nd Reading April 7, 2011First Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 11-0199.01 Jery Payne HOUSE BILL 11-1024 HOUSE SPONSORSHIP Vigil, SENATE SPONSORSHIP Brophy, House Committees Senate Committees Transportation Appropriations A BILL FOR AN ACT Concerning the creation of an agricultural youth license to drive motor vehicles on the roadways, and making an appropriation therefor. 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://www.leg.state.co.us/billsummaries.) The bill creates the agricultural youth license to drive a motor vehicle on the roadways for agricultural purposes. An applicant can get a learner's permit at 14 years of age and then be licensed at 14 years and 6 months of age if the applicant: Has held an instruction permit for 6 months; and Obtained 50 hours of supervised driving experience. The license holder may use the license to drive before the age of 16 only: To further the commercial purposes of an agricultural business; Between the agricultural business and the driver's residence using the most direct and accessible route; or While accompanied by a licensed adult sitting in the front passenger seat. The normal rules, such as passenger limits, for drivers under 18 years of age apply. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 42-1-102 (53), Colorado Revised Statutes, is amended to read: 42-1-102. Definitions. As used in articles 1 to 4 of this title, unless the context otherwise requires: (53) "Minor driver's license" means the license issued to a person who is at least sixteen years of age but who has not yet attained the age of less than twenty-one years of age in accordance with section 42-2-104 (1) (c) or the agricultural youth license issued to a person who is at least fourteen years and six months of age but less than seventeen years of age in accordance with sections 42-2-104 (1) (d) and 42-2-104.5. SECTION 2. 42-2-104 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 42-2-104. Licenses issued - denied. (1) Except as otherwise provided in this article, the department may license the following persons in the manner prescribed in this article: (d) A person at least fourteen years and six months of age but less than seventeen years of age as an agricultural youth driver. SECTION 3. 42-2-104 (4) and the introductory portion to 42-2-104 (5), Colorado Revised Statutes, are amended to read: 42-2-104. Licenses issued - denied. (4) (a) The department shall not issue a driver's license, including without limitation, a temporary driver's license pursuant to under section 42-2-106 (2), to a person under eighteen years of age unless the person has: (I) (A) Applied for, been issued, and possessed an appropriate instruction permit for at least twelve months; or (B) Applied for, been issued, and possessed an appropriate instruction permit for at least six months if the person meets the qualifications for an agricultural youth license under section 42-2-104.5; and (II) Submitted a log or other written evidence on a standardized form approved by the department that is and signed by his or her parent or guardian or other responsible adult who signed the affidavit of liability or the instructor of a driver's education course, approved by the department, certifying that the person has completed not less than fifty hours of actual driving experience, of which not less than ten hours shall have been completed while driving at night. (b) In no event shall The department shall not issue a minor driver's license to anyone under sixteen years of age unless the person qualifies for an agricultural youth license under section 42-2-104.5. (c) The department shall not issue an agricultural youth license to anyone under fourteen years and six months of age. (5) Except as authorized by section 42-2-104.5, the department shall not issue a driver's license to a person under sixteen years and six months of age unless the person has either: SECTION 4. Part 1 of article 2 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 42-2-104.5. Agricultural youth license. (1) (a) The agricultural youth license is hereby established. The department may issue an agricultural youth license or instruction permit to a person who: (I) Qualifies for a driver's license under this article; (II) Resides at an agricultural business operated on land classified as agricultural for levying and collecting property taxes under section 39-1-103, C.R.S.; and (III) Is employed by an agricultural business operated on land classified as agricultural for levying and collecting property taxes under section 39-1-103, C.R.S. (b) The department shall not issue an agricultural youth license to an applicant unless the applicant and the applicant's agricultural business employer or parent, stepparent, grandparent with power of attorney, or guardian or foster parent who signed the affidavit of liability pursuant to section 42-2-108 (1) (a) signs a statement that the applicant meets the requirements of either subparagraph (II) or (III) of paragraph (a) of this subsection (1). The statement is made under the penalty of perjury and must contain a notice that it is made under the penalty of perjury. (2) The holder of an agricultural youth license or instruction permit shall not drive on the highways unless: (a) Driving is necessary to further the commercial purposes of an agricultural business; (b) Driving between the agricultural business and the driver's residence using the most direct and accessible route; (c) Driving while accompanied by a licensed adult sitting in the front passenger seat; or (d) He or she is at least sixteen years of age. (3) The holder of an agricultural youth license or instruction permit who is younger than sixteen years of age shall not drive on a limited access highway with a speed limit of greater than sixty-five miles per hour. SECTION 5. 42-2-106 (1) (f), Colorado Revised Statutes, is amended, and the said 42-2-106 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read: 42-2-106. Instruction permits and temporary licenses. (1) (f) Notwithstanding paragraphs (a) to (d) and (g) of this subsection (1), a temporary instruction permit to operate a commercial motor vehicle as defined in section 42-2-402 shall expire expires one year after issuance. (g) (I) A person who is at least fourteen years of age but less than seventeen years of age and who, except for the person's age and lack of instruction in operating a motor vehicle, would otherwise qualify to obtain an agricultural youth license under this article may apply for a temporary instruction permit in accordance with sections 42-2-107 and 42-2-108. The department shall issue a permit entitling the minor, while having the permit in his or her immediate possession, to drive a motor vehicle for agricultural purposes when accompanied by the agricultural employer or parent, stepparent, grandparent with power of attorney, or guardian or foster parent who signed the affidavit of liability pursuant to section 42-2-108 (1) (a). The permit holder shall not drive a motor vehicle unless the person who supervises the driver: (A) Holds a valid Colorado driver's license; and (B) Sits in the front seat in close proximity to the driver. (II) In addition, the parent, stepparent, grandparent with power of attorney, or guardian or foster parent who is authorized pursuant to this section to supervise the minor driver while the minor is driving may allow the minor, while having the permit in the driver's immediate possession, to drive with an individual who holds a valid driver's license and is at least twenty-one years of age. The permit expires three years after issuance. (III) If the parent, stepparent, grandparent with power of attorney, or guardian or foster parent who signed the affidavit of liability pursuant to section 42-2-108 (1) (a) does not hold a valid Colorado driver's license, the parent, stepparent, grandparent with power of attorney, or guardian or foster parent may appoint an alternate permit supervisor. An alternate permit supervisor must hold a valid Colorado driver's license and be at least twenty-one years of age. A minor who is issued a permit under this paragraph (g) may drive a motor vehicle under the supervision of the alternate permit supervisor if the minor has the permit in the minor's immediate possession and the alternate permit supervisor occupies the front seat of the motor vehicle. (IV) If the parent, stepparent, grandparent with power of attorney, or guardian or foster parent who signed the affidavit of liability pursuant to section 42-2-108 (1) (a) does not hold a valid Colorado driver's license but holds a valid driver's license from another state and is authorized to drive a motor vehicle and has proper military identification, then the minor who is issued a permit under this paragraph (g), while having the permit in the minor's immediate possession, may drive a motor vehicle under the supervision of the parent, stepparent, grandparent with power of attorney, or guardian or foster parent who signed the application for the minor's instruction permit if the parent, stepparent, grandparent with power of attorney, or guardian or foster parent occupies the front seat of the motor vehicle. SECTION 6. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the licensing services cash fund created in section 42-2-114.5 (1), Colorado Revised Statutes, not otherwise appropriated, to the department of revenue, for allocation to the information technology division, for the fiscal year beginning July 1, 2011, the sum of one hundred seven thousand one hundred fifty-two dollars ($107,152) cash funds, or so much thereof as may be necessary, for the implementation of this act. (2) In addition to any other appropriation, there is hereby appropriated to the governor - lieutenant governor - state planning and budgeting, for allocation to the office of information technology, for the fiscal year beginning July 1, 2011, the sum of one hundred seven thousand one hundred fifty-two dollars ($107,152), or so much thereof as may be necessary, for the provision of programming services to the department of revenue related to the implementation of this act. Said sum shall be from reappropriated funds received from the department of revenue out of the appropriation made in subsection (1) of this section. (3) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the licensing services cash fund created in section 42-2-114.5 (1), Colorado Revised Statutes, not otherwise appropriated, to the department of revenue, for allocation to the division of motor vehicles, driver and vehicle services, for the fiscal year beginning July 1, 2011, the sum of one hundred thousand dollars ($100,000) cash funds, or so much thereof as may be necessary, for the implementation of this act. SECTION 7. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.