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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.