Office of Sen.

Mike Johnston
Colorado General Assembly | 200 E. Colfax Avenue | Denver, CO 80203 | 303.866.4864

FACT SHEET MEMORANDUM

S.B. No. 12-039 Minor Drug & Alcohol Use Permit Sen. Morse Staff Name: Ashley Boothby What the Bill Does: Colorado law currently requires that parents or guardians sign an affidavit of liability before their minor child can obtain an instruction (learners) permit or a drivers license.1 The affidavit of liability states that the parents understand that by signing this form [they] assume liabilities of the . . . minor [applicant].2 S.B. 12-039 would modify existing law and require that in addition to the affidavit of liability, a minor applying for an instruction permit or a drivers license also submit an affidavit signed by the minor applicant, as well as by the minors parents or guardians, stating that the minor applicant has not used illegal drugs or alcohol during the previous year. Prescription medications would not be considered illegal drugs under the law. The Department of Motor Vehicles would make the affidavit available online. The bill does not contain a provision detailing the legal consequences for submitting a false affidavit, nor what kinds of liability parents/guardians might face if they unknowingly signed a false affidavit. It also appears that minors who cannot provide such an affidavit will not be able to obtain an educational permit or a drivers license, because the legislation does not contain an alternative mechanism to obtain a permit or license without an affidavit (for example, taking an additional educational program about the consequences of driving and substance abuse). Colorado Context: Many states, including Colorado, have worked to reduce teen motor fatalities and injuries by implementing graduated drivers licensing (GDL), designed to slowly acclimate teens to higher-risk situations by phasing in driving privileges. In the past decade, Colorado has restricted the use of cell phones, limited the numbers of non-supervisory passengers allowed to travel with minor drivers, and instituted a curfew.3 These laws have resulted in real reductions in teen driving fatalities.4
1 2

Colo. Rev. Stat. 42-2-108. Affidavit of Liability and Guardianship, http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheader=application%2Fpdf&blobkey=id&blobtable=M ungoBlobs&blobwhere=1251599262733&ssbinary=true. 3 Brooke Oleen & Anne Teigen, The National Conference of State Legislatures, Transportation Review: Teen Driving, Graduated Driver's Licenses and More (Sept. 2011), http://www.ncsl.org/documents/transportation/Teendriving2011.pdf; Sallie Thoreson, et al., Colo. Dept of Public Health & Envt., Epidemiology Brief: Hospitalizations and Deaths Among Teen Motor Vehicle Drivers (Sept. 2008),

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For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.

The Substance Abuse and Mental Health Services Administration estimates that 31.5% of 15 to 17 year olds in Colorado have used alcohol,5 while nationally, an estimated 9.8% of youths aged 12 to 17 have used illegal drugs.6 National Context: In 2011, close to 40 states considered legislation relating to teen driver safety; most of these laws involved greater restrictions on night driving and cell phone use, and some increased punishments for driving under the influence of alcohol.7 However, no states appear to have considered or passed legislation requiring pre-permit/license affidavits like the one proposed here, relating to drug and alcohol use.8 States like Georgia and Florida require that minor applicants take specific, separate classes relating to the dangers of drug and alcohol use prior to obtaining a permit or license.9 Additionally, proposed legislation in Georgia would require dissemination of instructional materials on the effects of drugs and alcohol on driving, to provide for more parent/guardian participation in the educational process.10 Bill Provisions: Requires that prior to obtaining an instruction (learners) permit or a drivers license, a minor and his or her parent or guardian would need to submit a signed affidavit stating that the minor applicant did not use illegal drugs or alcohol for the past year. Illegal drugs do not include those prescribed by medical doctors. Fiscal Impact: There is no fiscal note associated with this legislation at this time.

http://www.cdphe.state.co.us/pp/injuryprevention/Hospitalizations_and_Deaths_Among_Teen_Motor_Vehicle_D rivers_2008.pdf. 4 Id. 5 Substance Abuse and Mental Health Services Administration, Report to Congress on the Prevention and Reduction of Underage Drinking: Colorado State Summary (July 2011), http://store.samhsa.gov/shin/content//SMA114645CO/SMA11-4645CO.pdf 6 Substance Abuse and Mental Health Services Administration , Results from the 2006 National Survey on Drug Use and Health: National Findings, at 2 (Sept. 2007), http://www.oas.samhsa.gov/nsduh/2k6nsduh/2k6results.pdf 7 Oleen & Teigen, supra note 3. 8 Id. Additionally, an examination of the National Conference of State Legislatures State Traffic Legislation Database, under teen/new driver issues, under all dates, did not reveal any kinds of similar legislation (database available at http://www.ncsl.org/issues-research/transportation/state-traffic-safety-legislation-database.aspx). 9 In Georgia, teens must complete a 4-hour Alcohol and Drug Awareness Program prior to obtaining a license, see http://www.dds.ga.gov/FAQs/Index.aspx?FAQCategoryID=10; in Florida, various drug and alcohol awareness programs are offered and at least one is required, see http://www.dmvflorida.org/first-time-driver.shtml. 10 S.B. 120, http://www.legis.ga.gov/legislation/en-US/display/32947

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For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.