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SHORT TITLE: "Reserved Parking Disabled Enforcement"
Second Regular Session
Sixty-seventh General Assembly
STATE OF COLORADO
BILL 4
LLS NO. 10-0193.01 Jery Payne INTERIM COMMITTEE BILL
@House1 Committees @House2 Committees
A BILL FOR AN ACT
101 CONCERNING PARKING PRIVILEGES FOR PEOPLE WITH DISABILITIES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Sections 1 to 3 of the bill require the Colorado podiatry board,
Colorado state board of medical examiners, and state board of nursing to
verify that a professional who signs a verification of disability for
reserved parking is qualified. Section 4 creates a cash fund that receives
fine moneys and may accept donations, and requires the fund to be used
to implement the reserved parking program for the disabled. Section 4
also creates the disabled parking education program. Section 5 changes
the reserved parking program for the disabled in the following ways:
! Clarifies that a permanent disability is one that is not
Transportation Legislation Review Committee
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
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expected to change in a person's lifetime;
! Requires identification to obtain a license plate or placard;
! Requires the placard to bear a visible expiration date and
the last 4 digits of a person's identification number;
! Subjects the holder of a permanent disability license plate
or placard to reverification of the disability every 9 years;! Directs the department of revenue (department) to maintain
a database of revoked plates or placards that is available to
law enforcement;
! Changes the application to contain an eligibility notice and
penalties for obtaining a license plate or placard when not
eligible;
! Creates a form that a professional signs, under penalty of
perjury, when verifying a disability;
! When renewing a license plate, requires a statement, under
penalty of perjury, that the person is eligible to use a
reserved parking plate;! Directs the department to create a training program
available to professionals who verify a disability;
! Allows the department to require another verification of a
disability upon a complaint or finding reasonable suspicion
that a person is not entitled to use reserved parking
privileges;
! Directs the department to verify the qualification status of
a verifying professional and to retain and make available to
law enforcement an electronic copy of the application for
3 years;! Limits the validity of placards from another jurisdiction to
90 days after moving to Colorado.
Section 6 changes the laws governing enforcement of the reserved
parking program for the disabled in the following ways:
! Prohibits imposing restrictions on the use of reserved
parking unless specifically authorized by law and notice is
posted;
! Requires wheelchair unloading areas to be marked with a
sign;
! Increases the fine for misuse of reserved parking from $100
or $200 to $350 for the first offense, $600 and communityservice for a second offense, and $1,000 for subsequent
offenses, and doubles those fines for commercial carriers;
! Authorizes a peace officer to confiscate a placard that is
being misused;
! Prohibits creating a device that mimics a placard;
! Prohibits retaliation against an employee for notifying the
authorities of a violation of a possible reserved parking
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violation;
! Authorizes a peace officer or property owner to remove a
vehicle that is violating the reserved parking provisions;
! Prohibits moving a vehicle to avoid time limits on reserved
parking spaces;
! Prohibits using reserved parking for commercial purposesunrelated to transacting business with the person the space
is intended to serve.
In the use of a parking space such as a parking lot or parking
meter, section 7 prohibits taking adverse action against a person with a
disability if the method of payment is not reasonably accessible.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 12-32-104 (1), Colorado Revised Statutes, is
3 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
4 12-32-104. Powers and duties of board. (1) The Colorado
5 podiatry board shall regulate the practice of podiatry. The board shall
6 exercise, subject to the provisions of this article, the following powers
7 and duties:
8 (h) TO CREATE A SYSTEM TO VERIFY TO THE DEPARTMENT OF
9 REVENUE WHETHER A PERSON, WHO VERIFIED THAT AN APPLICANT FOR
10 PARKING PRIVILEGES IS DISABLED AS DEFINED IN SECTION 42-3-204,
11 C.R.S., IS LICENSED UNDER THIS ARTICLE.
12 SECTION 2. 12-36-104 (1), Colorado Revised Statutes, is
13 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
14 12-36-104. Powers and duties of board. (1) In addition to all
15 other powers and duties conferred and imposed upon the board by this
16 article, the board has the following powers and duties to:
17 (f) CREATE A SYSTEM TO VERIFY TO THE DEPARTMENT OF REVENUE
18 WHETHER A PERSON, WHO VERIFIED THAT AN APPLICANT FOR PARKING
19 PRIVILEGES IS DISABLED AS DEFINED IN SECTION 42-3-204, C.R.S., IS
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1 LICENSED OR AUTHORIZED TO PRACTICE MEDICINE UNDER SECTION
2 12-36-106(3).
3 SECTION 3. 12-38-108, Colorado Revised Statutes, is amended
4 BY THE ADDITION OF A NEW PARAGRAPH to read:
5 12-38-108. Powers and duties of the board - rules. (1) The
6 board has the following powers and duties:
7 (m) TO CREATE A SYSTEM TO VERIFY TO THE DEPARTMENT OF
8 REVENUE WHETHER A PERSON, WHO VERIFIED THAT AN APPLICANT FOR
9 PARKING PRIVILEGES IS DISABLED AS DEFINED IN SECTION 42-3-204,
10 C.R.S., IS REGISTERED UNDER SECTION 12-38-111.5.
11 SECTION 4. Part 2 of article 1 of title 42, Colorado Revised
12 Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW
13 SECTIONS to read:
14 42-1-224. Disabled parking education and enforcement fund
15 - created. THERE IS HEREBY CREATED IN THE STATE TREASURY THE
16 DISABLED PARKING EDUCATION AND ENFORCEMENT FUND.THE GENERAL
17 ASSEMBLY SHALL APPROPRIATE THE MONEYS IN THE FUND FOR THE
18 PURPOSES SPECIFIED IN SECTIONS 42-1-225,42-3-204, AND 42-4-1208.
19 UNEXPENDED AND UNENCUMBERED MONEYS REMAINING IN THE FUND AT
20 THE END OF A FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT
21 BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANOTHER FUND.
22 THE DEPARTMENT MAY ACCEPT GIFTS, GRANTS, OR DONATIONS FROM
23PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS SECTION
.
ALL
24 PRIVATE AND PUBLIC FUNDS RECEIVED THROUGH GIFTS, GRANTS, OR
25 DONATIONS SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO
26 SHALL CREDIT THE MONEYS TO THE FUND.
27 42-1-225. Disabled parking education program. THE
28 COLORADO ADVISORY COUNCIL FOR PERSONS WITH DISABILITIES MAY
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1 MAKE GRANTS OR DEVELOP OR DELIVER EDUCATION PROGRAMS FOR THE
2 PURPOSE OF PROVIDING PEACE OFFICERS, LOCAL GOVERNMENTS, MEDICAL
3 PROVIDERS, AND PERSONS WITH DISABILITIES WITH EDUCATION
4 CONCERNING ELIGIBILITY STANDARDS FOR PARKING BENEFITS AVAILABLE
5 TO A PERSON WITH A DISABILITY AFFECTING MOBILITY, APPROPRIATE USE
6 OF THE PARKING PRIVILEGES, THE LEGAL STANDARDS AND VIOLATIONS
7 CONTAINED IN SECTIONS 42-3-204 AND 42-4-1208, AND THE ADVANTAGES
8 OF CREATING A VOLUNTEER ENFORCEMENT PROGRAM.
9 SECTION 5. 42-3-204 (1), (2) (a) (I), (2) (a) (II), (2) (b), (2) (c),
10 (2) (d), (3), and (4), Colorado Revised Statutes, are amended, and section
11 42-3-204 is further amended BY THE ADDITION OF THE
12 FOLLOWING NEW SUBSECTIONS, to read:
13 42-3-204. Parking privileges for persons with disabilities -
14 applicability - rules. (1) As used in this section:
15 (a) "License plate or placard" means any license plate or placard
16 issued pursuant to subsection (2) of this section. "DISABILITY" OR
17 "DISABLED" MEANS A PHYSICAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS
18 A PERSON'S ABILITY TO MOVE FROM PLACE TO PLACE , WHICH IMPAIRMENT
19 IS VERIFIED, IN WRITING, BY A PROFESSIONAL. TO BE VALID, THE
20 VERIFICATION PROFESSIONAL SHALL CERTIFY TO THE DEPARTMENT OF
21 REVENUE THAT THE PERSON MEETS THE STANDARDS ESTABLISHED BY THE
22 EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE.
23 (b) "EXTENDED
"MEANS A CONDITION THAT IS NOT EXPECTED TO
24 CHANGE WITHIN THIRTY MONTHS AFTER THE ISSUANCE OF THE
25 IDENTIFYING TAG, GIVEN THE CURRENT STATE OF MEDICAL OR ADAPTIVE
26 TECHNOLOGY.
27 (c) "Person with a disability" means either of the following:
28 "IDENTIFYING FIGURE" MEANS A FIGURE THAT PROVIDES NOTICE THAT THE
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1 PERSON IS AUTHORIZED TO USE A RESERVED PARKING SPACE.
2 (I) A person so severely impaired that such person is unable to
3 move from place to place without the aid of a mechanical device; or
4 (II) A person who has a physical impairment that substantially
5 limits the person's ability to move from place to place, which impairment
6 is verified, in writing, by a physician licensed to practice medicine or
7 practicing medicine pursuant to section 12-36-106 (3) (i), C.R.S., a
8 podiatrist licensed under article 32 of title 12, C.R.S., or an advanced
9 practice nurse registered pursuant to section 12-38-111.5, C.R.S. To be
10 valid, such verification by the director, physician, podiatrist, or advanced
11 practice nurse shall certify to the department of revenue that the person
12 meets the standards established by the executive director of the
13 department of revenue.
14 (d) "IDENTIFYING LICENSE PLATE" MEANS A LICENSE PLATE
15 BEARING AN IDENTIFYING FIGURE.
16 (e) "IDENTIFYING PLACARD" MEANS A PLACARD BEARING AN
17 IDENTIFYING FIGURE.
18 (f) "PERMANENT" MEANS A CONDITION THAT IS UNEXPECTED TO
19 CHANGE WITHIN THE PERSON'S LIFETIME, GIVEN THE CURRENT STATE OF
20 MEDICAL OR ADAPTIVE TECHNOLOGY.
21 (g) "PROFESSIONAL" MEANS A PHYSICIAN LICENSED TO PRACTICE
22 MEDICINE OR PRACTICING MEDICINE PURSUANT TO SECTION 12-36-106 (3)
23 (i), C.R.S.,A PODIATRIST LICENSED UNDER ARTICLE
32OF TITLE
12,24 C.R.S., OR AN ADVANCED PRACTICE NURSE REGISTERED PURSUANT TO
25 SECTION 12-38-111.5,C.R.S.
26 (h) "R ESERVED PARKING SPACE" MEANS A PARKING SPACE
27 RESERVED FOR A PERSON WITH A DISABILITY .
28 (2) (a) A person with a disability may apply to the department for:
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1 (I) Distinguishing IDENTIFYING license plates to be supplied at the
2 same cost as standard plates and to be displayed as provided in section
3 42-3-202 on a motor vehicle owned by such person or that is owned by
4 a trust created for the benefit of and the name of which includes the name
5 of such person, SUBJECT TO THE FOLLOWING:
6 (A) Any IDENTIFYING LICENSE plates issued by the department
7 pursuant to this section shall be renewed once each year in a manner to
8 be determined by the department.
9 (B) The issuance of a special AN IDENTIFYING license plate to a
10 person with a disability pursuant to this subparagraph (I) shall not
11 preclude such person from obtaining an identifying placard. pursuant to
12 subparagraph (II) of this paragraph (a).
13 (C) The verification requirements of subsection (1) of this section
14 shall be met once every three years.
15 (II) An identifying placard to be prominently displayed on a motor
16 vehicle used to transport such person, SUBJECT TO THE FOLLOWING:
17 (A) A PERMANENT OR EXTENDED IDENTIFYING PLACARD SHALL
18 NOT BE ISSUED UNLESS THE APPLICANT PROVIDES A DRIVER'S LICENSE OR
19 IDENTIFICATION CARD ISSUED PURSUANT TO ARTICLE 2 OF THIS TITLE; A
20 MILITARY IDENTIFICATION CARD; OR, IF THE APPLICANT IS EXEMPT FROM
21 LICENSURE PURSUANT TO SECTION 42-2-102, THE LICENSE REQUIRED TO
22 QUALIFY FOR SUCH EXEMPTION.
23 (B) Any AN IDENTIFYING
placard valid for more than ninety days24 issued by the department pursuant to this section shall have printed on the
25 placard a number assigned to the placard that corresponds to identifying
26 information of the person or persons with the disability THE LAST FOUR
27 DIGITS OF THE PERSON'S IDENTIFICATION NUMBER PRINTED ON ITS FACE.
28 (C) Identifying information about the person or persons with the
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1 disability shall be strictly confidential and only available to law
2 enforcement or to personnel within the department for official business
3 related to such placard.
4 (D) Such assigned number WHEN IN USE, THE PLACARD'S FACE
5 shall be legible AND VISIBLE to any law enforcement officer or authorized
6 parking enforcement official when viewed from outside the vehicle.
7 (E) A AN IDENTIFYING placard issued by the department pursuant
8 to this section shall be renewed every three years in a manner to be
9 determined by the department.
10 (F) The verification requirements of subsection (1) of this section
11 shall be met each time the placard is renewed.
12 (G) A N IDENTIFYING PLACARD VALID FOR MORE THAN NINETY
13 DAYS SHALL BEAR THE MONTH AND YEAR IT EXPIRES , WHICH SHALL BE
14 CLEARLY VISIBLE ON ITS FACE FROM OUTSIDE THE VEHICLE USING
15 PRINTING, A VALIDATION STICKER, OR OTHER TAMPER-RESISTANT MEANS.
16 (b) Notwithstanding the verification requirements of
17 subparagraphs (I), (II), and (III) of paragraph (a) of this subsection (2), if
18 a renewal applicant has a permanent disability that was verified in writing
19 by a physician licensed to practice medicine in this state or practicing
20 medicine pursuant to section 12-36-106 (3) (i), C.R.S., or an advanced
21 practice nurse registered pursuant to section 12-38-111.5, C.R.S.,
22 PROFESSIONAL and provided to the department with the original
23 application for aAN IDENTIFYING
license plate or placard under this24 section, such applicant shall not be required to meet such THE verification
25 requirement to renew such license plate or placard; EXCEPT THAT THE
26 HOLDER OF SUCH AN IDENTIFYING TAG SHALL MEET THE VERIFICATION
27 REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION EVERY NINE YEARS.
28 If a person renews such license plate or placard of and on behalf of a
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1 person with a permanent disability, the person renewing such license plate
2 or placard shall sign an affidavit, under the penalty of perjury, attesting
3 to the fact that the person with a permanent disability is still in need of the
4 license plate or placard and stating that such license plate or placard shall
5 be surrendered to the department upon the death of the person with a
6 permanent disability.
7 (c) Such AN IDENTIFYING license plate or placard shall be issued
8 to such person upon presentation to the department of a written statement,
9 verified by a physician licensed to practice medicine in this state or
10 practicing medicine pursuant to section 12-36-106 (3) (i), C.R.S., or an
11 advanced practice nurse registered pursuant to section 12-38-111.5,
12 C.R.S., that such person is a person with HAS a disability. The application
13 for such a AN IDENTIFYING license plate or placard shall be sent to the
14 department each year; except that a person who has been issued a
15 disabled veteran special license plate shall not send an application to the
16 department every year.
17 (d) Such AN IDENTIFYING license plate or placard may be revoked
18 by the department upon receipt of a sworn statement from a peace officer
19 or an authorized parking enforcement official that the person with a
20 disability has improperly used the privilege defined in section 42-4-1208.
21 Upon a first violation of section 42-4-1208, the department shall deny
22 reissuance of such license plate or placard for a period of one year
23 following the date of revocation. Upon a second or subsequent violation24 of section 42-4-1208, the department shall deny reissuance of such
25 license plate or placard for a period of at least five years after the date of
26 the second or each subsequent revocation. The department shall provide
27 written notification to the person with a disability of such revocation,
28 which notification shall contain a demand for the return of the
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1 IDENTIFYING license plate or placard to the department and a warning that
2 continued use by any person shall be subject to the penalty set forth in
3 section 42-4-1208 (11). THE DEPARTMENT SHALL MAINTAIN AN
4 ELECTRONIC RECORD OF ALL IDENTIFYING PLATES OR PLACARDS THAT
5 HAVE BEEN REVOKED AND MAKE THE ELECTRONIC RECORD AVAILABLE TO
6 ISSUING AUTHORITIES AND LAW ENFORCEMENT AGENCIES.
7 (3) (a) The department shall issue temporary distinguishing
8 license permits and a temporary identifying placard to a person who is
9 temporarily disabled upon presentation of a written statement, verified by
10 a physician licensed to practice medicine or practicing medicine pursuant
11 to section 12-36-106 (3) (i), C.R.S., a podiatric physician licensed under
12 article 32 of title 12, C.R.S., or an advanced practice nurse registered
13 pursuant to section 12-38-111.5, C.R.S., PROFESSIONAL that such person
14 temporarily meets the definition of a person with a disability.
15 (b) The department shall issue such permits and placards A
16 TEMPORARY IDENTIFYING PLACARD to a qualifying person who is a
17 resident of another state and who becomes disabled while in this state.
18 (c) Such permits and A TEMPORARY IDENTIFYING placard shall be
19 valid for a period of ninety days after the date of issuance and may
20 continually be renewed for additional ninety-day periods during the term
21 of such disability upon resubmission of such written and verified
22 statements.
23 (d) The provisions of this section concerning the privileges24 granted to persons with disabilities shall apply to temporary IDENTIFYING
25 license permits and temporary placards issued under this subsection (3).
26 Further, the requirement that the placard include a printed identification
27 number as set forth in subparagraph (II) of paragraph (a) of subsection (2)
28 of this section shall apply to both temporary license permits and
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1 temporary placards issued under this subsection (3) A TEMPORARY
2 IDENTIFYING PLACARD SHALL NOT BE ISSUED UNLESS THE APPLICANT
3 PROVIDES AN IDENTIFICATION CARD OR LICENSE ISSUED BY THE
4 DEPARTMENT OR AN IDENTIFICATION CARD OR LICENSE ISSUED BY THE
5 UNITED STATES GOVERNMENT OR ANOTHER STATE GOVERNMENT.
6 (e) The verification by a physician licensed to practice medicine
7 or practicing medicine pursuant to section 12-36-106 (3) (i), C.R.S., a
8 podiatrist licensed under article 32 of title 12, C.R.S., or an advanced
9 practice nurse registered pursuant to section 12-38-111.5, C.R.S., shall be
10 carried in the MOTORvehicle transporting the person or persons with a
11 disability to whom the temporary license permit or placard has been
12 issued and shall be presented to any law enforcement officer upon
13 request. Temporary license permits and temporary IDENTIFYING placards
14 issued by states other than Colorado shall be valid so long as they are
15 currently valid in the state of issuance and valid pursuant to 23 CFR 1235.
16 (f) A TEMPORARY IDENTIFYING PLACARD SHALL HAVE THE LAST
17 FOUR DIGITS OF THE PERSON 'S IDENTIFICATION NUMBER AND THE
18 EXPIRATION DATE PRINTED ON ITS FACE.
19 (4) Upon the filing of an application for issuance or renewal of a
20 AN IDENTIFYING license plate or placard under this section, the department
21 shall make available to the applicant an informational pamphlet or other
22 informational source developed by the department that describes the
23 rights and responsibilities of the holders of such license plates or placards24 and the parking privileges set forth in section 42-4-1208.
25 (5) (a) A N APPLICATION FOR AN IDENTIFYING PLACARD SHALL
26 CONTAIN A NOTICE OF ELIGIBILITY REQUIREMENTS AND PENALTIES FOR
27 OBTAINING AN IDENTIFYING LICENSE PLATE OR PLACARD WHEN NOT
28 ELIGIBLE. THE APPLICANT SHALL SIGN THE NOTICE AFFIRMING
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1 KNOWLEDGE OF THE INFORMATION CONTAINED THEREIN.
2 (b) THE DEPARTMENT SHALL PROMULGATE A RULE CREATING A
3 FORM THAT IS SIGNED BY A PROFESSIONAL, UNDER PENALTY OF PERJURY,
4 AFFIRMING KNOWLEDGE OF CONTENTS OF THE NOTICE CREATED IN
5 PARAGRAPH (a) OF THIS SUBSECTION (5) BEFORE VERIFYING THAT A
6 PERSON HAS A DISABILITY. THE FORM SHALL CONTAIN A NOTICE OF THE
7 ELIGIBILITY REQUIREMENT TO OBTAIN AN IDENTIFYING PLACARD OR
8 LICENSE PLATE.
9 (6) ANY PERSON RENEWING AN IDENTIFYING LICENSE PLATE SHALL
10 AFFIRM UNDER PENALTY OF PERJURY THAT THE PERSON TO WHOM THE
11 LICENSE PLATE IS ISSUED REMAINS ELIGIBLE TO USE THE LICENSE PLATE .
12 (7) THE DEPARTMENT SHALL CREATE OR MAKE AVAILABLE A
13 TRAINING PROGRAM TO ASSIST PROFESSIONALS IN UNDERSTANDING THE
14 STANDARDS THAT NEED TO BE MET TO OBTAIN AN IDENTIFYING PLACARD
15 OR LICENSE PLATE.
16 (8) UPON A COMPLAINT BEING FILED OR FINDING REASONABLE
17 SUSPICION THAT THE HOLDER OF AN IDENTIFYING LICENSE PLATE OR
18 PLACARD DOES NOT HAVE A BONA FIDE DISABILITY, THE DEPARTMENT MAY
19 REQUIRE A HOLDER TO OBTAIN ANOTHER PROFESSIONAL EVALUATION.
20 (9) PRIOR TO ISSUING AN IDENTIFYING PLACARD OR LICENSE PLATE,
21 THE DEPARTMENT SHALL VERIFY THE STATUS OF THE PROFESSIONAL WHO
22 VERIFIED THE APPLICANT'S DISABILITY.
23 (10) (a) THE DEPARTMENT SHALL MAINTAIN IN ITS RECORDS THE
24 APPLICATION OR AN ELECTRONIC OR DIGITAL COPY OF THE APPLICATION
25 FOR THREE YEARS.
26 (b) THE DEPARTMENT SHALL PROVIDE TO THE DEPARTMENT OF
27 PUBLIC SAFETY ELECTRONIC ACCESS TO THE RECORDS MAINTAINED
28 PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (10).
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1 (11) A N IDENTIFYING PLACARD ISSUED IN ANOTHER STATE OR
2 COUNTRY SHALL NOT BE VALID FOR MORE THAN NINETY DAYS AFTER THE
3 PERSON BECOMES A RESIDENT OF COLORADO.A PERSON WHO APPLIES FOR
4 AN IDENTIFYING PLACARD SHALL SURRENDER ANY CURRENTLY HELD
5 IDENTIFYING PLACARD ISSUED IN ANOTHER STATE OR COUNTRY.
6 (12) IF THE DEPARTMENT OR AN AUTHORIZED AGENT OFFERS
7 LICENSE PLATE RENEWAL ELECTRONICALLY OR BY MAIL, THE DEPARTMENT
8 OR AUTHORIZED AGENT SHALL PROVIDE A PERSON WITH A DISABILITY THE
9 SAME ACCESS NOTWITHSTANDING THE VERIFICATION REQUIREMENTS.
10 SECTION 6. 42-4-1208 (1), (2), (3), (4), (5), (6), (7), (8), (9),
11 (10), (11), and (13), Colorado Revised Statutes, are amended, and the
12 said 42-4-1208 is further amended BY THE ADDITION OF THE
13 FOLLOWING NEW SUBSECTIONS, to read:
14 42-4-1208. Parking privileges for persons with disabilities -
15 applicability. (1) As used in this section:
16 (a) "License plate or placard" means a license plate or placard
17 issued pursuant to section 42-3-204 (2) "DISABILITY" HAS THE SAME
18 MEANING AS DEFINED IN SECTION 42-3-204.
19 (b) "Person with a disability" has the meaning provided for such
20 term in section 42-3-204 (1) "IDENTIFYING LICENSE PLATE" HAS THE
21 SAME MEANING AS DEFINED IN SECTION 42-3-204.
22 (c) "IDENTIFYING PLACARD" HAS THE SAME MEANING AS DEFINED
23IN SECTION
42-3-204.24 (d) "R ESERVED PARKING SPACE" MEANS A PARKING SPACE
25 RESERVED FOR A PERSON WITH A DISABILITY .
26 (2) In a jurisdiction recognizing the privilege defined by this
27 subsection (2), a vehicle with a AN IDENTIFYING license plate or a placard
28 obtained pursuant to section 42-3-204 or as otherwise authorized by
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1 subsection (4) of this section may be parked in public parking areas along
2 public streets regardless of any time limitation imposed upon parking in
3 such area; except that a jurisdiction shall not limit such a privilege to park
4 on any public street to less than four hours. The respective jurisdiction
5 shall clearly post the appropriate time limits in such area. Such privilege
6 need not apply to zones in which:
7 (a) Stopping, standing, or parking of all vehicles is prohibited;
8 (b) Only special vehicles may be parked;
9 (c) Parking is not allowed during specific periods of the day in
10 order to accommodate heavy traffic .
11 (3) (a) A person with a disability may park in a RESERVED parking
12 space identified as being reserved for use by persons with disabilities
13 whether on public property or private property available for public use.
14 A AN IDENTIFYING license plate or placard obtained pursuant to section
15 42-3-204 or as otherwise authorized by subsection (4) of this section shall
16 be displayed at all times on the vehicle while parked in such space.
17 (b) The owner of private property available for public use may
18 request the installation of official signs identifying RESERVED parking
19 spaces. reserved for use by persons with disabilities. Such a request shall
20 be a waiver of any objection the owner may assert concerning
21 enforcement of this section by peace officers of any political subdivision
22 of this state, and such officers are hereby authorized and empowered to
23 so enforce this section, provisions of law to the contrary notwithstanding.24 NO PERSON SHALL IMPOSE RESTRICTIONS ON THE USE OF DISABLED
25 PARKING UNLESS SPECIFICALLY AUTHORIZED BY STATUTE, RESOLUTION,
26 OR ORDINANCE OF COLORADO OR A POLITICAL SUBDIVISION THEREOF.
27 (c) Each RESERVED parking space reserved for use by persons
28 with disabilities whether on public property or private property shall be
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1 marked with an official upright sign, which sign may be stationary or
2 portable, identifying such parking space as reserved for use by persons
3 with disabilities. EACH ACCESS AISLE OR WHEELCHAIR UNLOADING AREA
4 SHALL BE MARKED WITH AN OFFICIAL UPRIGHT SIGN NOTIFYING THE
5 PUBLIC THAT PARKING IS PROHIBITED IN THE AISLE OR AREA .
6 RESTRICTIONS ON THE USE OF THE SPACE SHALL BE PROMINENTLY
7 DISPLAYED NEAR THE OFFICIAL UPRIGHT SIGN.
8 (4) Persons with disabilities from states other than Colorado shall
9 be allowed to use parking spaces for persons with disabilities in Colorado
10 so long as such persons have valid IDENTIFYING license plates or placards
11 from their home state that are also valid pursuant to 23 CFR part 1235.
12 (5) It is unlawful for any person other than a person with WHO
13 DOES NOT HAVE a disability to park in a parking space on public or private
14 property that is clearly identified by an official sign as being reserved for
15 use by persons with disabilities unless:
16 (a) Such person is parking the vehicle for the direct benefit of a
17 person with a disability to enter or exit the vehicle while it is parked in the
18 space reserved for use by persons with disabilities A RESERVED PARKING
19 SPACE; and
20 (b) A AN IDENTIFYING license plate or placard obtained pursuant
21 to section 42-3-204 or as otherwise authorized by subsection (4) of this
22 section is displayed in such vehicle.
23 (6) (a) Any A person who is not a person withDOES NOT HAVE
a24 disability and who exercises the privilege defined in subsection (2) of this
25 section or who violates the provisions of subsection (5) or subsection (10)
26 of this section commits a class B traffic infraction and shall receive the
27 maximum fine thereunder BE PENALIZED WITH A SURCHARGE OF
28 THIRTY-TWO DOLLARS PURSUANT TO SECTIONS 24-4.1-119 (1) (f) AND
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1 24-4.2-104 (1) (b) (I), C.R.S., AND A FINE OF THREE HUNDRED FIFTY
2 DOLLARS FOR THE FIRST OFFENSE, A FINE OF SIX HUNDRED DOLLARS FOR
3 A SECOND OFFENSE, AND A FINE OF ONE THOUSAND DOLLARS FOR A THIRD
4 OR SUBSEQUENT OFFENSE. IN ADDITION, A PERSON WHO VIOLATES THIS
5 SECTION THREE OR MORE TIMES SHALL BE SUBJECT TO PERFORM NOT MORE
6 THAN TWENTY HOURS OF COMMUNITY SERVICE.
7 (b) Any A person who violates this subsection (6) by parking a
8 vehicle owned by a commercial carrier, as defined in section 42-1-102
9 (17), shall be subject to a fine of up to twice the maximum penalty
10 identified for a class B traffic infraction in section 42-4-1701 (3) (a) (I)
11 PENALTY IMPOSED IN PARAGRAPH (a) OF THIS SUBSECTION (6).
12 (7) Any A person who is not a person with DOES NOT HAVE a
13 disability and who uses a AN IDENTIFYING license plate or placard issued
14 pursuant to section 42-3-204 in order to receive the benefits or privileges
15 available to a person with a disability under this section commits a class
16 B traffic infraction and shall be subject to a fine of up to twice the
17 maximum penalty identified for a class B traffic infraction in section
18 42-4-1701 (3) (a) (I) PENALIZED WITH A SURCHARGE OF THIRTY-TWO
19 DOLLARS PURSUANT TO SECTIONS 24-4.1-119(1) (f) AND 24-4.2-104(1)
20 (b) (I),C.R.S., AND A FINE OF THREE HUNDRED FIFTY DOLLARS FOR THE
21 FIRST OFFENSE, A FINE OF SIX HUNDRED DOLLARS FOR A SECOND OFFENSE ,
22 AND A FINE OF ONE THOUSAND DOLLARS FOR A THIRD OR SUBSEQUENT
23OFFENSE
.IN ADDITION
,A PERSON WHO VIOLATES THIS SECTION THREE OR
24 MORE TIMES SHALL BE SUBJECT TO PERFORM NOT MORE THAN TWENTY
25 HOURS OF COMMUNITY SERVICE.
26 (8) (a) Any A law enforcement officer or authorized and
27 uniformed parking enforcement official may check the identification of
28 any person using a AN IDENTIFYING license plate or placard for persons
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1 with disabilities in order to determine whether such use is authorized.
2 (b) A PEACE OFFICER MAY CONFISCATE AN IDENTIFYING PLACARD
3 THAT IS BEING USED IN VIOLATION OF THIS SECTION AND NOTIFY THE
4 DEPARTMENT. THE LAW ENFORCEMENT AGENCY SHALL HOLD A
5 CONFISCATED PLACARD FOR THIRTY DAYS AND MAY DISPOSE OF THE
6 PLACARD AFTER THIRTY DAYS. UPON THE PERSON WITH A DISABILITY
7 SIGNING A STATEMENT UNDER PENALTY OF PERJURY THAT HE OR SHE WAS
8 UNAWARE THAT THE VIOLATOR USED, OR INTENDED TO USE, THE PLACARD
9 IN VIOLATION OF THIS SECTION, THE LAW ENFORCEMENT AGENCY SHALL
10 RELEASE THE PLACARD TO THE PERSON WITH A DISABILITY TO WHOM IT
11 WAS ISSUED.
12 (9) Any state agency or division thereof that transports persons
13 with disabilities may obtain a AN IDENTIFYING placard for persons with
14 disabilities in the same manner provided in this section for any other
15 person. In the event that IF such a placard is used by any employee of
16 such state agency or division when not transporting persons with
17 disabilities, the executive director of such agency and the offending
18 employee shall be subject to a fine of one hundred dollars. The
19 provisions of This subsection (9) shall apply to any corporation or
20 independent contractor as determined by rule of the department to be
21 eligible to transport persons with disabilities; except that the chief
22 executive officer or an equivalent of the corporation or independent
23 contractor and the offending employee shall be subject to the fine.24 (10) It is unlawful for any person to park a vehicle so as to block
25 reasonable access to curb ramps or passenger loading zones, as identified
26 in 28 CFR part 36 (appendix A), that are clearly identified and are
27 adjacent to a RESERVED parking space reserved for use by persons with
28 disabilities unless such person is loading or unloading a person with a
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1 disability.
2 (11) Any A person who knowingly and fraudulently obtains,
3 possesses, uses, or transfers a AN IDENTIFYING placard issued to a person
4 with a disability; pursuant to section 42-3-204 orWHO knowingly makes,
5 possesses, uses, or transfers what purports to be, but is not, a AN
6 IDENTIFYING placard; issued to a person with a disability pursuant to
7 section 42-3-204 OR WHO KNOWINGLY CREATES OR USES A DEVICE
8 INTENDED TO GIVE THE IMPRESSION THAT IT IS AN IDENTIFYING PLACARD
9 WHEN VIEWED FROM OUTSIDE THE VEHICLE is guilty of a misdemeanor and
10 is subject to the criminal and civil penalties provided under section
11 42-6-139 (3) and (4). Any person who knowingly and willfully receives
12 remuneration for committing a misdemeanor pursuant to this subsection
13 (11) shall be subject to twice the civil and criminal fine that would
14 otherwise be imposed.
15 (13) (a) For purposes of this subsection (13), "holder" means a
16 person with a disability as defined in section 42-3-204 (1) (b) who has
17 lawfully obtained a AN IDENTIFYING license plate or placard issued
18 pursuant to section 42-3-204 (2) or as otherwise authorized by subsection
19 (4) of this section.
20 (b) Notwithstanding any other provision of this section to the
21 contrary, a holder is liable for any penalty or fine as set forth in this
22 section or section 42-3-204 or for any misuse of a disabled AN
23IDENTIFYING
license plate or placard, including the use of such plate or24 placard by any person other than a holder, unless the holder can furnish
25 sufficient evidence that the IDENTIFYING license plate or placard was, at
26 the time of the violation, in the care, custody, or control of another person
27 without the holder's knowledge or consent.
28 (c) A holder may avoid the liability described in paragraph (b) of
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1 this subsection (13) if, within a reasonable time after notification of the
2 violation, the holder furnishes to the prosecutorial division of the
3 appropriate jurisdiction the name and address of the person who had the
4 care, custody, or control of such license plate or placard at the time of the
5 violation or the holder reports said THE license plate or placard lost or
6 stolen to both the appropriate local law enforcement agency and the
7 department.
8 (14) (a) A PERSON WHO OBSERVES A VIOLATION OF THIS SECTION
9 MAY SUBMIT EVIDENCE ALONG WITH A SWORN STATEMENT OF A
10 VIOLATION OF THIS SECTION TO ANY LAW ENFORCEMENT AGENCY.
11 (b) NO PERSON SHALL INITIATE OR ADMINISTER ANY DISCIPLINARY
12 ACTION AGAINST AN EMPLOYEE ON ACCOUNT OF NOTIFYING THE
13 AUTHORITIES OF A POSSIBLE VIOLATION OF THIS SECTION IF THE EMPLOYEE
14 HAS A GOOD FAITH BELIEF THAT A VIOLATION HAS OCCURRED.
15 (15) UPON FINDING PROBABLE CAUSE TO BELIEVE A PERSON HAS
16 VIOLATED THIS SECTION, A PEACE OFFICER OR PROPERTY OWNER MAY
17 CAUSE THE REMOVAL OF THE MOTOR VEHICLE THAT IS BEING USED TO
18 VIOLATE THIS SECTION FROM THE RESERVED PARKING SPACE. UPON
19 CONVICTION OR A PLEA OF GUILTY OR NOLO CONTENDERE TO A VIOLATION
20 OF THIS SECTION, THE COURT SHALL ORDER THE PERSON WHO VIOLATED
21 THIS SECTION TO REIMBURSE THE LAW ENFORCEMENT AGENCY OR
22 PROPERTY OWNER FOR THE ACTUAL COST OF REMOVING THE MOTOR
23VEHICLE
.24 (16) (a) NO PERSON, AFTER USING A RESERVED PARKING SPACE
25 THAT HAS A TIME LIMIT, SHALL SWITCH VEHICLES OR MOVE THE MOTOR
26 VEHICLE TO ANOTHER RESERVED PARKING SPACE WITHIN ONE HUNDRED
27 YARDS OF THE ORIGINAL PARKING SPACE WITHIN THE SAME EIGHT HOURS
28 IN ORDER TO EXCEED THE TIME LIMIT.
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1 (b) PARKING IN A TIME-LIMITED RESERVED PARKING SPACE FOR
2 MORE THAN THREE HOURS FOR AT LEAST THREE DAYS A WEEK FOR AT
3 LEAST TWO WEEKS SHALL CREATE A REBUTTABLE PRESUMPTION THAT THE
4 PERSON IS VIOLATING THIS SUBSECTION (16).
5 (c) A PERSON WHO VIOLATES THIS SUBSECTION (16) COMMITS A
6 CLASS B TRAFFIC INFRACTION.
7 (17) NO PERSON SHALL USE A RESERVED PARKING SPACE FOR A
8 COMMERCIAL PURPOSE UNLESS THE PURPOSE RELATES TO TRANSACTING
9 BUSINESS WITH A BUSINESS THE RESERVED PARKING SPACE IS INTENDED TO
10 SERVE.A PERSON WHO VIOLATES THIS SUBSECTION(17) COMMITS A CLASS
11 B TRAFFIC INFRACTION.
12 (18) ONE-HALF OF ANY FINE COLLECTED PURSUANT TO THIS
13 SECTION SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL
14 CREDIT THE FINE TO THE DISABLED PARKING EDUCATION AND
15 ENFORCEMENT FUND CREATED IN SECTION 42-1-224.
16 SECTION 7. Part 12 of article 4 of title 42, Colorado Revised
17 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
18 read:
19 42-4-1212. Pay parking access for disabled. (1) UNLESS THE
20 PARKING SPACE PROVIDES REASONABLE ACCESS TO THE METHOD OF
21 REMUNERATION TO A DISABLED PERSON AS DEFINED IN SECTION 42-3-204,
22 NO PERSON WHO OWNS, OPERATES, OR MANAGES A PARKING SPACE THAT
23REQUIRES REMUNERATION SHALL TOW
,BOOT
,OR OTHERWISE TAKE
24 ADVERSE ACTION AGAINST A PERSON OR MOTOR VEHICLE PARKING IN SUCH
25 SPACE IF THE MOTOR VEHICLE BEARS A PLACARD OR LICENSE PLATE
26 BEARING THE IDENTIFYING FIGURE ISSUED PURSUANT TO SECTION 42-3-204
27 OR A SIMILAR LAW IN ANOTHER STATE.
28 (2) NOTWITHSTANDING ANY STATUTE, RESOLUTION, OR
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1 ORDINANCE OF COLORADO OR A POLITICAL SUBDIVISION THEREOF,
2 PARKING IN A SPACE WITHOUT PAYING THE REQUIRED REMUNERATION
3 SHALL NOT BE DEEMED A VIOLATION OF SUCH STATUTE, RESOLUTION, OR
4 ORDINANCE IF:
5 (a) THE MOTOR VEHICLE BEARS A PLACARD OR LICENSE PLATE
6 BEARING THE IDENTIFYING FIGURE ISSUED PURSUANT TO SECTION 42-3-204
7 OR A SIMILAR LAW IN ANOTHER STATE; AND
8 (b) THE PARKING SPACE FAILS TO PROVIDE REASONABLE ACCESS
9 TO THE METHOD OF REMUNERATION TO A DISABLED PERSON AS DEFINED
10 IN SECTION 42-3-204.
11 (3) A LAW ENFORCEMENT AGENCY SHALL VOID ANY PENALTY
12 ASSESSMENT NOTICE OR SUMMONS AND COMPLAINT THAT IS DEEMED NOT
13 A VIOLATION UNDER SUBSECTION (2) OF THIS SECTION.
14 SECTION 8. 42-4-1701 (4) (a) (I) (M), Colorado Revised
15 Statutes, is amended to read:
16 42-4-1701. Traffic offenses and infractions classified -
17 penalties - penalty and surcharge schedule - repeal. (4) (a) (I) Except
18 as provided in paragraph (c) of subsection (5) of this section, every
19 person who is convicted of, who admits liability for, or against whom a
20 judgment is entered for a violation of any provision of this title to which
21 the provisions of paragraph (a) or (b) of subsection (5) of this section
22 apply shall be fined or penalized, and have a surcharge levied thereon
23 pursuant to sections 24-4.1-119 (1) (f) and 24-4.2-104 (1) (b) (I), C.R.S.,24 in accordance with the penalty and surcharge schedule set forth in
25 sub-subparagraphs (A) to (P) of this subparagraph (I); or, if no penalty or
26 surcharge is specified in the schedule, the penalty for class A and class B
27 traffic infractions shall be fifteen dollars, and the surcharge shall be four
28 dollars. These penalties and surcharges shall apply whether the defendant
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1 acknowledges the defendant's guilt or liability in accordance with the
2 procedure set forth by paragraph (a) of subsection (5) of this section or is
3 found guilty by a court of competent jurisdiction or has judgment entered
4 against the defendant by a county court magistrate. Penalties and
5 surcharges for violating specific sections shall be as follows:
6 Section Violated Penalty Surcharge
7 (M) Parking violations:
8 42-4-1201 $ 30.00 $ 6.00
9 42-4-1202 30.00 6.00
10 42-4-1204 15.00 6.00
11 42-4-1205 15.00 6.00
12 42-4-1206 15.00 6.00
13 42-4-1207 15.00 6.00
14 42-4-1208 (6) or (9), (16), OR(17) 100.00 32.00
15 SECTION 9. Effective date - applicability. This act shall take
16 effect July 1, 2010, and shall apply to offenses committed and
17 applications submitted on or after said date.
18 SECTION 10.Safety clause. The general assembly hereby finds,
19 determines, and declares that this act is necessary for the immediate
20 preservation of the public peace, health, and safety.