Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0551.01 Chuck Brackney x2295 SENATE BILL 12-039 SENATE SPONSORSHIP Morse, HOUSE SPONSORSHIP (None), Senate Committees House Committees Judiciary A BILL FOR AN ACT Concerning the attestation of a minor that the minor has not used illegal drugs or alcohol during the previous year as a condition of getting an instruction permit or minor driver's license. 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 requires an applicant for an instruction permit or a minor driver's license to sign a statement that the applicant has not used illegal drugs or alcohol during the previous year. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 42-2-108, amend (1) (a) as follows: 42-2-108. Application of minors. (1) (a) (I) The application of any a person under eighteen years of age for an instruction permit or minor driver's license shall be accompanied by an affidavit of liability signed and verified by the parent, stepparent, grandparent with power of attorney, guardian, spouse of the applicant if the spouse is eighteen years of age or older, or, in the event there is no such person, guardian, or spouse, any other responsible adult who is willing to assume the obligation imposed under this article upon an adult signing the affidavit of liability for a minor. When an applicant has been made a ward of any court in the state for any reason and has been placed in a foster home, the foster parents or parent may sign the affidavit of liability for the minor. If the parent or foster parent is unwilling or unable to sign the affidavit of liability, a guardian ad litem, a designated official of the county department of social services having custody of the applicant, or a designated official of the division of youth corrections in the department of human services having custody of the applicant may sign the application for an instruction permit without signing the affidavit of liability for the minor if the requirements of paragraph (b) of this subsection (1) are met; except that, prior to before signing the application for an instruction permit, the guardian ad litem or other designated official shall notify the court of his or her intent to sign the application, and except that, the guardian ad litem or designated official shall not sign the application for an instruction permit for a minor who is placed in a foster care home and is under seventeen and one-half years of age without first obtaining the consent of the foster parent. If the minor is seventeen and one-half years of age or older and is in the care of a foster parent, in order to prepare the minor for emancipation from foster care and to assist the minor in obtaining important life skills, the guardian ad litem or designated official shall consult with the foster parent of the minor about the opportunity for the minor to learn driving skills under the restrictions provided in paragraph (b) of this subsection (1) prior to before signing an application for an instruction permit. The guardian ad litem or designated official shall solicit the opinion of the minor's foster parent concerning the minor's ability to exercise good judgment and make decisions as well as the minor's overall capacity to drive. When a minor to whom an instruction permit or minor driver's license has been issued is required to appear before the department for a hearing pursuant to any provision of this article, the minor shall be accompanied by the person who signed the affidavit of liability for the minor or by the guardian ad litem or designated official who signed the application for an instruction permit for the minor. If the person who signed the minor's affidavit of liability or application for an instruction permit is unable to attend the hearing, he or she shall submit to the department a verified signed statement certifying under oath that he or she is aware of the purpose of the hearing but cannot attend. (II) The application of any person under eighteen years of age for an instruction permit or a minor driver's license must be accompanied by an affidavit verifying that the applicant has not used illegal drugs or alcohol during the previous year. This affidavit must be signed by the applicant and also by a parent, stepparent, grandparent with power of attorney, guardian, or spouse of the applicant if the spouse is eighteen years of age or older, or, if there is no such person, guardian, or spouse, any other responsible adult who is willing to verify the applicant's statement. When an applicant has been made a ward of any court in the state for any reason and has been placed in a foster home, the foster parents or parent may sign the affidavit for the minor. If the parent or foster parent is unwilling or unable to sign the affidavit, a guardian ad litem, a designated official of the county department of social services having custody of the applicant, or a designated official of the division of youth corrections in the department of human services having custody of the applicant may sign the affidavit if the requirements of paragraph (b) of this subsection (1) are met. For the purposes of this subparagraph (II), "drugs" does not include any medications taken by the applicant pursuant to a prescription issued by a physician, physician's assistant, dentist, or other medical professional. The department shall make the affidavit available online. An applicant must submit a signed affidavit regarding past drug and alcohol use to be eligible to obtain an instruction permit or a minor driver's license. SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.