First Regular Session
Sixty-second General Assembly
LLS NO. 99-0010.01 Gregg Fraser HOUSE BILL 99-1180
STATE OF COLORADO
BY REPRESENTATIVE Chavez
ENGROSSED
TRANSPORTATION & ENERGY
A BILL FOR AN ACT
101 CONCERNING PROHIBITION OF OPEN ALCOHOLIC CONTAINERS IN MOTOR
102 VEHICLES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
[
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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]Prohibits any person from knowingly drinking any alcoholic beverage or
possessing an open alcoholic beverage container in the passenger area of
a motor vehicle while that vehicle is on a public highway or right-of-way
of a public highway.
Creates an exception for passengers in the passenger area of motor
vehicles used primarily for compensation or in the living quarters of a
motor home or trailer coach.
Makes any violation of this act a class A traffic infraction.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Part 13 of article 4 of title 42, Colorado Revised
3 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
4 read:
5 42-4-1305. Open alcoholic beverage container - motor vehicle
6 - prohibited. (1) Definitions. FOR PURPOSES OF THIS SECTION, UNLESS
7 THE CONTEXT OTHERWISE REQUIRES:
8 (a) "ALCOHOLIC BEVERAGE" MEANS A BEVERAGE AS DEFINED IN 23
9 C.F.R. PART 1270.3 (a).
10 (b) "MOTOR VEHICLE" MEANS A VEHICLE DRIVEN OR DRAWN BY
11 MECHANICAL POWER AND MANUFACTURED PRIMARILY FOR USE ON PUBLIC
12 HIGHWAYS, BUT DOES NOT INCLUDE A VEHICLE OPERATED EXCLUSIVELY
13 ON A RAIL OR RAILS.
14 (c) "OPEN ALCOHOLIC BEVERAGE CONTAINER" MEANS ANY
15 BOTTLE, CAN, OR OTHER RECEPTACLE THAT CONTAINS ANY AMOUNT OF
16 ALCOHOLIC BEVERAGE; AND
17 (I) THAT IS OPEN OR HAS A BROKEN SEAL; OR
18 (II) THE CONTENTS OF WHICH ARE PARTIALLY REMOVED.
19 (d) "PASSENGER AREA" MEANS THE AREA DESIGNED TO SEAT THE
20 DRIVER AND PASSENGERS WHILE A MOTOR VEHICLE IS IN OPERATION AND
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1 ANY AREA THAT IS READILY ACCESSIBLE TO THE DRIVER OR A PASSENGER
2 WHILE OCCUPYING THE MOTOR VEHICLE, INCLUDING BUT NOT LIMITED TO
3 THE GLOVE COMPARTMENT.
4 (2) (a) EXCEPT AS OTHERWISE PERMITTED BY PARAGRAPH (b) OF
5 THIS SUBSECTION (2), NO PERSON WHILE IN THE PASSENGER AREA OF A
6 MOTOR VEHICLE THAT IS ON A PUBLIC HIGHWAY OF THIS STATE OR THE
7 RIGHT-OF-WAY OF A PUBLIC HIGHWAY OF THIS STATE SHALL KNOWINGLY:
8 (I) DRINK ANY ALCOHOLIC BEVERAGE; OR
9 (II) HAVE IN HIS OR HER POSSESSION ANY OPEN ALCOHOLIC
10 BEVERAGE CONTAINER.
11 (b) THE PROVISIONS OF THIS SUBSECTION (2) SHALL NOT APPLY TO
12 PASSENGERS LOCATED:
13 (I) IN THE PASSENGER AREA OF A MOTOR VEHICLE DESIGNED,
14 MAINTAINED, OR USED PRIMARILY FOR THE TRANSPORTATION OF PERSONS
15 FOR COMPENSATION; OR
16 (II) IN THE LIVING QUARTERS OF A HOUSE COACH, HOUSE TRAILER,
17 MOTOR HOME AS DEFINED IN SECTION 42-1-102 (57), OR TRAILER COACH
18 AS DEFINED IN SECTION 42-1-102 (106) (a).
19 (c) ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS
20 SUBSECTION (2) COMMITS A CLASS A TRAFFIC INFRACTION.
21 SECTION 2. 42-4-1701 (4) (a) (I) (N), Colorado Revised
22 Statutes, is amended to read:
23 42-4-1701. Traffic offenses and infractions classified - penalties
24 - penalty and surcharge schedule. (4) (a) (I) Except as provided in
25 paragraph (c) of subsection (5) of this section, every person who is
26 convicted of, who admits liability for, or against whom a judgment is
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1 entered for a violation of any provision of this title to which the
2 provisions of paragraph (a) or (b) of subsection (5) of this section apply
3 shall be fined or penalized, and have a surcharge levied thereon pursuant
4 to section 24-4.2-104 (1) (b) (I), C.R.S., in accordance with the penalty
5 and surcharge schedule set forth in sub-subparagraphs (A) to (P) of this
6 subparagraph (I); or, if no penalty or surcharge is specified in the
7 schedule, the penalty for class A and class B traffic infractions shall be
8 fifteen dollars, and the surcharge shall be two dollars. These penalties
9 and surcharges shall apply whether the defendant acknowledges the
10 defendant's guilt or liability in accordance with the procedure set forth by
11 paragraph (a) of subsection (5) of this section or is found guilty by a court
12 of competent jurisdiction or has judgment entered against the defendant
13 by a county court magistrate. Penalties and surcharges for violating
14 specific sections shall be as follows:
15 Section Violated Penalty Surcharge
16 (N) Other offenses:
17 42-4-1301 (2) (a.5) $ 50.00 $ 6.00
18 42-4-1305 50.00 6.00
19 42-4-1402 50.00 6.00
20 42-4-1403 15.00 2.00
21 42-4-1404 15.00 2.00
22 42-4-1406 35.00 4.00
23 42-4-1407 35.00 4.00
24 42-4-314 35.00 4.00
25 42-4-1408 15.00 2.00
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1 SECTION 3. Effective date - applicability. (1) This act shall
2 take effect at 12:01 a.m. on the day following the expiration of the
3 ninety-day period after final adjournment of the general assembly that is
4 allowed for submitting a referendum petition pursuant to article V,
5 section 1 (3) of the state constitution; except that, if a referendum petition
6 is filed against this act or an item, section, or part of this act within such
7 period, then the act, item, section, or part, if approved by the people, shall
8 take effect on the date of the official declaration of the vote thereon by
9 proclamation of the governor.
10 (2) The provisions of this act shall apply to offenses committed
11 on or after the applicable effective date of this act.