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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0102.01 MCV HOUSE BILL 98­1218

STATE OF COLORADO

BY REPRESENTATIVE Tupa;

also SENATORS Rizzuto and Wattenberg.

STATE, VETERANS & MILITARY AFFAIRS

A BILL FOR AN ACT

CONCERNING FERMENTED MALT BEVERAGES, AND, IN CONNECTION THEREWITH, ENACTING THE "DRINKING RESPONSIBILITY ACT OF 1998" AND AUTHORIZING THE ISSUANCE OF PROVISIONAL DRINKING PERMITS TO CERTAIN PERSONS WHO ARE EIGHTEEN YEARS OF AGE OR OLDER.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Authorizes any person who is at least 18 years of age and holds a valid provisional drinking permit to purchase, possess, and consume 3.2 beer. The current minimum age is 21.

Authorizes the department of revenue to issue a provisional drinking permit to any person between 18 and 21 years of age who is a state resident, who is enrolled in a school, college, or university in the state, or who is employed in the state.

Imposes an annual fee of $100 per year for a provisional drinking permit until such fee is modified. Directs the department of revenue to annually recalculate and modify such fee such that the moneys for such fees plus any additional moneys collected for excise taxes on 3.2 beer are sufficient to pay the costs of the department in administering the program and to offset any losses suffered by the state because of penalties imposed by the federal government in connection with the national uniform drinking age. Directs the state treasurer to deposit any moneys collected for excise taxes on 3.2 beer during any fiscal year that are above the amounts collected for such tax during the fiscal year beginning July 1, 1997, in the highway users tax fund.

Authorizes the department to accept donations from private sources to create an educational program for provisional drinking permit applicants.

Requires the department of revenue to immediately revoke the provisional drinking permit of any person who is convicted of a drug­ or alcohol­related driving offense, refuses to take or cooperate with the taking of a breath or blood test when requested by a law enforcement officer, or is determined to have driven with a blood alcohol content of 0.05 or greater. States that any such revocation shall be for one year or until the permit holder attains the age of twenty­one, whichever occurs earlier, for a first violation and shall be indefinite for a second or subsequent violation. Prohibits the department of revenue from issuing a new provisional drinking permit to any person whose permit has been revoked.

Requires the department of revenue to revoke the driver's license of a person who is at least 18 but less than 21 years of age and who holds a valid provisional drinking permit if the department finds that such person was driving with a blood alcohol content of 0.05 or greater, rather than 0.02 or greater. Makes the period of revocation one year. Provides that a holder of a valid provisional drinking permit is not subject to the traffic infraction of driving with a blood alcohol level of greater than 0.02.

Provides that, for purposes of the implementation of section 20 of article X of the Colorado constitution, the term "federal funds" includes moneys that the state is required to appropriate to replace federal highway moneys that are unavailable because of penalties imposed by the federal government connected with the federal uniform drinking age.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  12­47­503 (1) (a), Colorado Revised Statutes, is amended to read:

12­47­503.  Excise tax ­ records. (1) (a) (I)  An excise tax at the rate of 8.0 cents per gallon, or the same per unit volume tax applied to metric measure, on all malt liquors, fermented malt beverages, and hard cider, 7.33 cents per liter on all vinous liquors except hard cider, and 60.26 cents per liter on all spirituous liquors is imposed, and such taxes shall be collected on all such respective beverages, not otherwise exempt from the tax, sold, offered for sale, or used in this state; except that, upon the same beverages, only one such tax shall be paid in this state. The manufacturer thereof, or the first licensee receiving alcohol beverages in this state if shipped from without the state, shall be primarily liable for the payment of any tax or tax surcharge imposed pursuant to this section; but, if such beverage is transported by a manufacturer or wholesaler to a point outside of the state and there disposed of, then such manufacturer or wholesaler, upon the filing with the state licensing authority of a duplicate bill of lading, invoice, or affidavit showing such transaction, shall not be subject to the tax provided in this section on such beverages, and, if such tax has already been paid, it shall be refunded to said manufacturer or wholesaler. For purposes of this section, "manufacturer" includes brew pub licensees.

(II)  ON AND AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH (II), ANY EXCISE TAXES COLLECTED ON FERMENTED MALT BEVERAGES PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH (a) DURING ANY FISCAL YEAR THAT ARE ABOVE THE EXCISE TAXES ON FERMENTED MALT BEVERAGES COLLECTED DURING THE FISCAL YEAR BEGINNING JULY 1, 1997, SHALL BE DEPOSITED BY THE STATE TREASURER IN THE HIGHWAY USERS TAX FUND CREATED BY SECTION 43­4­201, C.R.S.

SECTION 2.  12­47­801 (3) (a) (I) and (4) (a) (I), Colorado Revised Statutes, are amended to read:

12­47­801.  Civil liability ­ legislative declaration. (3) (a)  No licensee is civilly liable to any injured individual or his or her estate for any injury to such individual or damage to any property suffered because of the intoxication of any person due to the sale or service of any alcohol beverage to such person, except when:

(I)  It is proven that the licensee willfully and knowingly sold or served any alcohol beverage MALT, VINOUS, OR SPIRITUOUS LIQUOR to such person who was under the age of twenty­one years OF AGE or who was visibly intoxicated OR WILLFULLY AND KNOWINGLY SOLD OR SERVED FERMENTED MALT BEVERAGES TO SUCH PERSON WHO WAS UNDER TWENTY­ONE YEARS OF AGE AND DID NOT HOLD A VALID PROVISIONAL DRINKING PERMIT ISSUED PURSUANT TO SECTION 42­2­106.5, C.R.S.; and

(4) (a)  No social host who furnishes any alcohol beverage is civilly liable to any injured individual or his or her estate for any injury to such individual or damage to any property suffered, including any action for wrongful death, because of the intoxication of any person due to the consumption of such alcohol beverages, except when:

(I)  It is proven that the social host willfully and knowingly served any alcohol beverage MALT, VINOUS, OR SPIRITUOUS LIQUOR to such person who was under the age of twenty­one years OF AGE OR WILLFULLY AND KNOWINGLY SERVED FERMENTED MALT BEVERAGES TO SUCH PERSON WHO WAS UNDER TWENTY­ONE YEARS OF AGE AND DID NOT HOLD A VALID PROVISIONAL DRINKING PERMIT ISSUED PURSUANT TO SECTION 42­2­106.5, C.R.S.; and

SECTION 3.  12­47­901 (1) (a), (1) (b), (1) (c), (1) (k), (5) (a) (I), (5) (a) (II), (5) (c), and (5) (h), Colorado Revised Statutes, are amended, and the said 12­47­901 (1) is further amended BY THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS, to read:

12­47­901.  Unlawful acts ­ exceptions. (1)  Except as provided in section 18­13­122, C.R.S., it is unlawful for any person:

(a)  To sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage MALT, VINOUS, OR SPIRITUOUS LIQUOR to or for any person under the age of twenty­one years OF AGE, to a visibly intoxicated person, or to a known habitual drunkard;

(a.5)  TO SELL, SERVE, GIVE AWAY, DISPOSE OF, EXCHANGE, OR DELIVER OR PERMIT THE SALE, SERVING, GIVING, OR PROCURING OF A FERMENTED MALT BEVERAGE TO OR FOR ANY PERSON UNDER TWENTY­ONE YEARS OF AGE WHO DOES NOT HOLD A VALID PROVISIONAL DRINKING PERMIT ISSUED PURSUANT TO SECTION 42­2­106.5 C.R.S.;

(b)  To obtain or attempt to obtain any alcohol beverage MALT, VINOUS, OR SPIRITUOUS LIQUOR by misrepresentation of age or by any other method in any place where alcohol beverages SUCH LIQUORS are sold when such person is under twenty­one years of age;

(b.5)  TO OBTAIN OR ATTEMPT TO OBTAIN ANY FERMENTED MALT BEVERAGE BY MISREPRESENTATION OF AGE OR BY ANY OTHER METHOD IN ANY PLACE WHERE SUCH BEVERAGE IS SOLD WHEN SUCH PERSON IS UNDER TWENTY­ONE YEARS OF AGE AND DOES NOT HOLD A VALID PROVISIONAL DRINKING PERMIT ISSUED PURSUANT TO SECTION 42­2­106.5, C.R.S.;

(c)  To possess alcohol beverages MALT, VINOUS, OR SPIRITUOUS LIQUOR in any store, in any public place, including public streets, alleys, roads, or highways, or upon property owned by the state of Colorado or any subdivision thereof, or inside vehicles while upon the public streets, alleys, roads, or highways when such person is under twenty­one years of age;

(c.5)  TO POSSESS A FERMENTED MALT BEVERAGE IN ANY STORE, IN ANY PUBLIC PLACE, INCLUDING PUBLIC STREETS, ALLEYS, ROADS, OR HIGHWAYS, OR UPON PROPERTY OWNED BY THE STATE OF COLORADO OR ANY SUBDIVISION THEREOF, OR INSIDE VEHICLES WHILE UPON THE PUBLIC STREETS, ALLEYS, ROADS, OR HIGHWAYS WHEN SUCH PERSON IS UNDER TWENTY­ONE YEARS OF AGE AND DOES NOT HOLD A VALID PROVISIONAL DRINKING PERMIT ISSUED PURSUANT TO SECTION 42­2­106.5, C.R.S.;

(k)  With knowledge, to permit or fail to prevent the use of his or her identification, including a driver's license OR PROVISIONAL DRINKING PERMIT, by a person who is under twenty­one years of age, for the unlawful purchase of any alcohol beverage;

(5)  It is unlawful for any person licensed to sell at retail pursuant to this article:

(a) (I)  To sell an alcohol beverage MALT, VINOUS, OR SPIRITUOUS LIQUOR to any person under the age of twenty­one years, to a habitual drunkard, or to a visibly intoxicated person or TO SELL ANY FERMENTED MALT BEVERAGE TO A PERSON UNDER TWENTY­ONE YEARS OF AGE WHO DOES NOT HOLD A VALID PROVISIONAL DRINKING PERMIT ISSUED PURSUANT TO SECTION 42­2­106.5, C.R.S. IT IS ALSO UNLAWFUL to permit any alcohol beverage to be sold or dispensed by a person under eighteen years of age or to permit any such person to participate in the sale or dispensing thereof. If a person who, in fact, is not twenty­one years of age exhibits a fraudulent proof of age, any action relying on such fraudulent proof of age shall not constitute grounds for the revocation or suspension of any license issued under this article or article 46 of this title. Notwithstanding any provision in this subparagraph (I) to the contrary, no person under twenty­one years of age shall be employed to sell or dispense malt, vinous, or spirituous liquors unless he or she is supervised by another person who is on premise and has attained twenty­one years of age. No employee of a tavern licensed pursuant to section 12­47­412, that does not regularly serve meals as defined in section 12­47­103 (19), or a retail liquor store shall sell malt, vinous, or spirituous liquors unless such person is at least twenty­one years of age.

(II) (A)  If a licensee or a licensee's employee has reasonable cause to believe that a person is under twenty­one years of age and is exhibiting fraudulent proof of age OR A FRAUDULENT PROVISIONAL DRINKING PERMIT ISSUED PURSUANT TO SECTION 42­2­106.5, C.R.S., in an attempt to obtain any alcohol beverage, the licensee or employee shall be authorized to confiscate such fraudulent proof of age, if possible, and shall, within seventy­two hours after the confiscation, turn it over to a state or local law enforcement agency. The failure to confiscate such fraudulent proof of age or to turn it over to a state or local law enforcement agency within seventy­two hours after the confiscation shall not constitute a criminal offense, notwithstanding section 12­47­903 (1) (a).

(B)  If a licensee or a licensee's employee believes that a person is under twenty­one years of age and is exhibiting fraudulent proof of age OR A FRAUDULENT PROVISIONAL DRINKING PERMIT in an attempt to obtain any alcohol beverage, the licensee or the licensee's employee or any peace or police officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person in a reasonable manner for the purpose of ascertaining whether the person is guilty of any unlawful act under this section. Such questioning of a person by a licensee or a licensee's employee or a peace or police officer does not render the licensee, the licensee's employee, or a peace or police officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention.

(c)  Except as provided in section 18­13­122, C.R.S., it is unlawful for any person to sell fermented malt beverages to any person under the age of twenty­one years WHO DOES NOT HOLD A VALID PROVISIONAL DRINKING PERMIT ISSUED PURSUANT TO SECTION 42­2­106.5, C.R.S., or to any person between the hours of 12 midnight and 5 a.m.

(h)  To fail to display at all times in a prominent place a printed card with a minimum height of fourteen inches and a width of eleven inches with each letter to be a minimum of one­half inch in height, which shall read as follows:

WARNING

IT IS ILLEGAL TO SELL WHISKEY, WINE, OR BEER TO ANY PERSON UNDER TWENTY­ONE YEARS OF AGE AND IT IS ILLEGAL FOR ANY PERSON UNDER TWENTY­ONE YEARS OF AGE TO POSSESS OR TO ATTEMPT TO PURCHASE THE SAME.

IT IS ILLEGAL TO SELL 3.2 BEER TO ANY PERSON UNDER TWENTY­ONE YEARS OF AGE WHO DOES NOT HOLD A VALID PROVISIONAL DRINKING PERMIT, AND IT IS ILLEGAL FOR ANY SUCH PERSON TO POSSESS OR TO ATTEMPT TO PURCHASE THE SAME.

IDENTIFICATION CARDS AND PROVISIONAL DRINKING PERMITS WHICH THAT APPEAR TO BE FRAUDULENT WHEN PRESENTED BY PURCHASERS MAY BE CONFISCATED BY THE ESTABLISHMENT AND TURNED OVER TO A LAW ENFORCEMENT AGENCY.

IT IS ILLEGAL IF YOU ARE TWENTY­ONE YEARS OF AGE OR OLDER OR IF YOU HOLD A VALID PROVISIONAL DRINKING PERMIT FOR YOU TO PURCHASE WHISKEY, WINE, OR BEER FOR A PERSON UNDER TWENTY­ONE YEARS OF AGE.

FINES AND IMPRISONMENT MAY BE IMPOSED BY THE COURTS FOR VIOLATION OF THESE PROVISIONS.

SECTION 4.  18­13­122 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

18­13­122.  Illegal possession or consumption of ethyl alcohol by an underage person. (1)  As used in this section, unless the context otherwise requires:

(b.5)  "FERMENTED MALT BEVERAGE" HAS THE SAME MEANING AS SET FORTH IN SECTION 12­46­103 (1), C.R.S.

SECTION 5.  18­13­122 (2) (a), Colorado Revised Statutes, is amended, and the said 18­13­122 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

18­13­122.  Illegal possession or consumption of ethyl alcohol by an underage person. (2) (a)  EXCEPT AS PROVIDED IN PARAGRAPH (c) OF THIS SUBSECTION (2), any person under twenty­one years of age who possesses or consumes ethyl alcohol anywhere in the state of Colorado commits illegal possession or consumption of ethyl alcohol by an underage person. Illegal possession or consumption of ethyl alcohol by an underage person is a strict liability offense.

(c)  THE PROVISIONS OF THIS SECTION DO NOT APPLY TO THE POSSESSION OR CONSUMPTION OF FERMENTED MALT BEVERAGES BY A PERSON WHO IS AT LEAST EIGHTEEN YEARS OF AGE AND WHO POSSESSES A VALID PROVISIONAL DRINKING PERMIT.

SECTION 6.  Part 1 of article 2 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

42­2­106.5.  Provisional drinking permit ­ short title ­ issuance ­ revocation. (1)  THIS SECTION SHALL BE KNOWN AND MAY BE CITED AS THE "DRINKING RESPONSIBILITY ACT OF 1998".

(2)  THE DEPARTMENT SHALL ISSUE A PROVISIONAL DRINKING PERMIT TO ANY QUALIFIED PERSON WHO IS AT LEAST EIGHTEEN BUT LESS THAN TWENTY­ONE YEARS OF AGE, PAYS THE FEE REQUIRED IN SUBSECTION (3) OF THIS SECTION, AND IS NOT PROHIBITED BY SUBSECTION (5) OF THIS SECTION FROM HOLDING SUCH A PERMIT. THE DEPARTMENT SHALL NOT ISSUE A PROVISIONAL DRINKING PERMIT TO ANY PERSON WHOSE PERMIT HAS BEEN REVOKED PURSUANT TO SUBSECTION (5) OF THIS SECTION. IN ORDER TO OBTAIN A PROVISIONAL DRINKING PERMIT, AN APPLICANT SHALL PROVIDE PROOF THAT THE APPLICANT IS:

(a)  AT LEAST EIGHTEEN YEARS OF AGE; AND

(b) (I)  A RESIDENT OF THE STATE;

(II)  ENROLLED IN A SCHOOL, COLLEGE, OR UNIVERSITY IN THE STATE; OR

(III)  EMPLOYED IN THIS STATE.

(3) (a)  THE ANNUAL FEE FOR A PROVISIONAL DRINKING PERMIT IS ONE HUNDRED DOLLARS UNTIL THE AMOUNT OF SUCH FEE IS MODIFIED BY THE DEPARTMENT. THE DEPARTMENT SHALL ANNUALLY RECALCULATE AND MODIFY THE FEE SUCH THAT THE MONEYS COLLECTED FOR THE FEE PLUS THE MONEYS DEPOSITED IN THE HIGHWAY USERS TAX FUND FROM EXCISE TAXES ON FERMENTED MALT BEVERAGES UNDER SECTION 12­47­503 (1) (a) (II), C.R.S., ARE SUFFICIENT TO PAY THE COSTS OF THE DEPARTMENT IN ADMINISTERING THE PROVISIONS OF THIS SECTION AND TO OFFSET THE MONETARY LOSS TO THE STATE DUE TO PENALTIES IMPOSED BY THE FEDERAL GOVERNMENT IN CONNECTION WITH THE UNIFORM DRINKING AGE REQUIREMENTS OF THE "SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982" CONTAINED IN SECTION 6 OF PUBLIC LAW 98­363. THE DEPARTMENT SHALL TRANSMIT ANY MONEYS COLLECTED FOR FEES UNDER THIS SUBSECTION (3) TO THE STATE TREASURER, WHO SHALL DEPOSIT THE SAME IN THE HIGHWAY USERS TAX FUND.

(b)  A PROVISIONAL DRINKING PERMIT EXPIRES ONE YEAR AFTER THE DATE OF ISSUANCE OR UPON THE PERMIT HOLDER REACHING TWENTY­ONE YEARS OF AGE, WHICHEVER OCCURS FIRST.

(4)  A PROVISIONAL DRINKING PERMIT ISSUED BY THE DEPARTMENT SHALL INCLUDE:

(a)  THE PHOTOGRAPH OF THE PERMIT HOLDER, WHICH SHALL BE TAKEN AND PROCESSED WITH EQUIPMENT LEASED OR OWNED BY THE DEPARTMENT;

(b)  A DISTINGUISHING NUMBER ASSIGNED TO THE PERMIT HOLDER;

(c)  THE FULL NAME, DATE OF BIRTH, AND RESIDENCE ADDRESS AND A BRIEF DESCRIPTION OF THE PERMIT HOLDER;

(d)  THE EXPIRATION DATE OF THE PERMIT;

(e)  THE OFFICIAL SEAL OF THE DEPARTMENT; AND

(f)  THE SIGNATURE OF THE PERMIT HOLDER.

(5)  NO PERSON SHALL BE ISSUED A PROVISIONAL DRINKING PERMIT BY THE DEPARTMENT, AND THE DEPARTMENT SHALL IMMEDIATELY REVOKE THE PERMIT OF ANY PERSON, UPON RECEIVING A RECORD SHOWING THAT SUCH PERSON HAS ENGAGED IN ONE OR MORE OF THE FOLLOWING ACTS:

(a)  THE PERSON HAS BEEN CONVICTED OF A DRUG­ OR ALCOHOL­RELATED DRIVING OFFENSE UNDER THE PROVISIONS OF 42­4­1301 (1) OR (2) (a);

(b)  THE PERSON HAS REFUSED TO TAKE OR COMPLETE, OR COOPERATE IN THE TAKING OR COMPLETING OF, ANY TEST OF SUCH PERSON=S BREATH OR BLOOD FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC CONTENT OF THE PERSON=S BREATH OR BLOOD WHEN REQUESTED BY A LAW ENFORCEMENT OFFICER IN ACCORDANCE WITH SECTION 42­4­1301 (7);

(c)  THE PERSON HAS DRIVEN WITH A BLOOD ALCOHOL CONTENT OF 0.05 OR GREATER.

(6)  THE PERIOD OF REVOCATION IMPOSED UNDER SUBSECTION (5) OF THIS SECTION SHALL BE FOR ONE YEAR OR UNTIL THE PERMIT HOLDER ATTAINS TWENTY­ONE YEARS OF AGE, WHICHEVER OCCURS EARLIER, FOR A FIRST OFFENSE AND SHALL BE INDEFINITE FOR A SECOND OR SUBSEQUENT OFFENSE.

(7)  IN THE EVENT THAT A PROVISIONAL DRINKING PERMIT ISSUED PURSUANT TO THE PROVISIONS OF THIS SECTION IS LOST, STOLEN, OR DESTROYED, THE PERSON TO WHOM THE PERMIT WAS ISSUED, UPON REQUEST AND THE PAYMENT TO THE DEPARTMENT OF A FEE OF FIVE DOLLARS FOR THE FIRST DUPLICATE AND TEN DOLLARS FOR ANY SUBSEQUENT DUPLICATE, MAY OBTAIN A DUPLICATE PERMIT UPON FURNISHING SATISFACTORY PROOF TO THE DEPARTMENT THAT SUCH PERMIT OR LICENSE HAD BEEN LOST, STOLEN, OR DESTROYED AND THAT THE APPLICANT IS QUALIFIED TO HAVE SUCH A PERMIT.

(8)  THE DEPARTMENT IS AUTHORIZED TO ACCEPT GIFTS, DONATIONS, OR GRANTS FROM ANY PRIVATE SOURCE TO ESTABLISH AN EDUCATIONAL PROGRAM FOR PROVISIONAL DRINKING PERMIT APPLICANTS. IF ESTABLISHED, THE DEPARTMENT MAY REQUIRE THAT APPLICANTS ATTEND THE EDUCATIONAL PROGRAM PRIOR TO OBTAINING A PROVISIONAL DRINKING PERMIT. ANY SUCH PROGRAM SHALL INCLUDE INFORMATION ON THE DANGERS OF DRINKING AND DRIVING, HOW ALCOHOL AFFECTS JUDGMENT AND MECHANICAL ABILITIES, AND LEGAL REQUIREMENTS REGARDING DRINKING IN COLORADO.

(9)  THE DEPARTMENT SHALL ADOPT RULES CONCERNING THE ADMINISTRATION OF THIS SECTION.

SECTION 7.  42­2­124 (1) (a), Colorado Revised Statutes, is amended to read:

42­2­124.  When court to report convictions. (1) (a)  Except as otherwise provided, whenever any person is convicted of any offense for which this article makes mandatory the revocation of the driver's, minor driver's, or provisional driver's license OR PROVISIONAL DRINKING PERMIT of such person by the department, the court in which such conviction is had shall require the offender to immediately surrender such driver's, minor driver's, or provisional driver's license or any instruction permit OR PROVISIONAL DRINKING PERMIT ISSUED PURSUANT TO SECTION 42­2­106.5 to the court at the time of conviction, and the court shall, not later than ten days after such conviction, forward the license OR PERMIT to the department, together with a record of such conviction on the form prescribed by the department. Any person who does not immediately surrender such person's license or permit to the court commits a class 2 misdemeanor traffic offense, unless such person swears or affirms under oath administered by the court and subject to the penalties of perjury, that the license or permit has been lost, destroyed, or is not in said person's immediate possession. Any person who swears or affirms that the license or permit is not in the immediate possession of said person shall surrender said license or permit to the court within five days of the sworn or affirmed statement, and if not surrendered within such time, said person commits a class 2 misdemeanor traffic offense.

SECTION 8.  42­2­126 (2) (a) (I.5), Colorado Revised Statutes, is amended, and the said 42­2­126 (2) (a) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read:

42­2­126.  Revocation of license based on administrative determination. (2) (a)  The department shall revoke the license of any person upon its determination that the person:

(I.5)  Drove a vehicle in this state when such person was under twenty­one years of age AND DID NOT POSSESS A VALID PROVISIONAL DRINKING PERMIT and when the amount of alcohol, as shown by analysis of the person's blood or breath, in such person's blood was at least 0.02 but less than 0.10 grams of alcohol per one hundred milliliters of blood or at least 0.02 but less than 0.10 grams of alcohol per two hundred ten liters of breath at the time of driving or within two hours after driving. If the preponderance of the evidence establishes that such person consumed alcohol between the time that the person stopped driving and the time of testing, the preponderance of the evidence must also establish that the minimum 0.02 blood or breath alcohol content was reached as a result of alcohol consumed before the person stopped driving.

(I.7)  DROVE A VEHICLE IN THIS STATE WHEN SUCH PERSON WAS UNDER TWENTY­ONE YEARS OF AGE AND POSSESSED A VALID PROVISIONAL DRINKING PERMIT AND WHEN THE AMOUNT OF ALCOHOL, AS SHOWN BY ANALYSIS OF THE PERSON'S BLOOD OR BREATH, IN SUCH PERSON'S BLOOD WAS AT LEAST 0.05 GRAMS OF ALCOHOL PER ONE HUNDRED MILLILITERS OF BLOOD OR AT LEAST 0.05 GRAMS OF ALCOHOL PER TWO HUNDRED TEN LITERS OF BREATH AT THE TIME OF DRIVING OR WITHIN TWO HOURS AFTER DRIVING. IF THE PREPONDERANCE OF THE EVIDENCE ESTABLISHES THAT SUCH PERSON CONSUMED ALCOHOL BETWEEN THE TIME THAT THE PERSON STOPPED DRIVING AND THE TIME OF TESTING, THE PREPONDERANCE OF THE EVIDENCE MUST ALSO ESTABLISH THAT THE MINIMUM 0.05 BLOOD OR BREATH ALCOHOL CONTENT WAS REACHED AS A RESULT OF ALCOHOL CONSUMED BEFORE THE PERSON STOPPED DRIVING.

SECTION 9.  42­2­126 (6) (b), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

42­2­126.  Revocation of license based on administrative determination. (6) (b) (II.7)  THE PERIOD OF LICENSE REVOCATION UNDER SUBPARAGRAPH (I.7) OF PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION SHALL BE ONE YEAR.

SECTION 10.  42­4­1301 (2) (a.5), Colorado Revised Statutes, is amended to read:

42­4­1301.  Driving under the influence ­ driving while impaired ­ driving with excessive alcoholic content ­ tests ­ penalties ­ useful public service program ­ alcohol and drug driving safety program. (2) (a.5) (I)  It is a class A traffic infraction for any person under twenty­one years of age to drive any vehicle in this state when the amount of alcohol, as shown by analysis of the person's blood or breath, in such person's blood is at least 0.02 but less than 0.05 grams of alcohol per one hundred milliliters of blood or at least 0.02 but less than 0.05 grams of alcohol per two hundred ten liters of breath at the time of driving or within two hours after driving.

(II)  SUBPARAGRAPH (I) OF THIS PARAGRAPH (a.5) SHALL NOT APPLY TO ANY PERSON UNDER TWENTY­ONE YEARS OF AGE WHO HOLDS A VALID PROVISIONAL DRINKING PERMIT ISSUED PURSUANT TO SECTION 42­2­106.5.

SECTION 11.  24­77­102 (5), Colorado Revised Statutes, is amended to read:

24­77­102. Definitions. As used in this article, unless the context otherwise requires:

(5)  "Federal funds" means:

(a)  Any pecuniary resources received by the state from the national government of the United States; OR

(b)  MONEYS THE STATE IS REQUIRED TO APPROPRIATE TO REPLACE FEDERAL HIGHWAY MONEYS THAT ARE UNAVAILABLE BECAUSE OF PENALTIES IMPOSED BY THE FEDERAL GOVERNMENT IN CONNECTION WITH THE UNIFORM DRINKING AGE REQUIREMENTS OF THE "SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982" CONTAINED IN SECTION 6 OF PUBLIC LAW 98­363.

SECTION 12.  Effective date ­ applicability. (1)  This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

(2)  The provisions of this act shall apply to offenses committed on or after the applicable effective date of this act.