Bill 4 - 10-0193_01

Second Regular Session Sixty-seventh General Assembly

DRAFT 10.15.09

STATE OF COLORADO

BILL 4 LLS NO. 10-0193.01 Jery Payne

INTERIM COMMITTEE BILL

Transportation Legislation Review Committee

@House1 Committees

@House2 Committees

SHORT TITLE: "Reserved Parking Disabled Enforcement"

A BILL FOR AN ACT 101

C ONCERNING 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 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.

DRAFT 10.15.09 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 community service 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 -2-

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DRAFT 10.15.09 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 purposes unrelated 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.

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Be it enacted by the General Assembly of the State of Colorado: SECTION 1.

12-32-104 (1), Colorado Revised Statutes, is

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

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and duties:

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(h) T O CREATE A SYSTEM TO VERIFY TO THE DEPARTMENT OF

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REVENUE WHETHER A PERSON, WHO VERIFIED THAT AN APPLICANT FOR

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PARKING PRIVILEGES IS DISABLED AS DEFINED IN SECTION

11

C.R.S., IS LICENSED UNDER THIS ARTICLE.

12 13

SECTION 2.

42-3-204,

12-36-104 (1), Colorado Revised Statutes, is

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:

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(f) C REATE A SYSTEM TO VERIFY TO THE DEPARTMENT OF REVENUE

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WHETHER A PERSON, WHO VERIFIED THAT AN APPLICANT FOR PARKING

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PRIVILEGES IS DISABLED AS DEFINED IN SECTION

-3-

42-3-204, C.R.S., IS

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LICENSED OR AUTHORIZED TO PRACTICE MEDICINE UNDER SECTION

2

12-36-106 (3).

3 4 5 6

SECTION 3. 12-38-108, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 12-38-108. Powers and duties of the board - rules. (1) The board has the following powers and duties:

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(m) T O CREATE A SYSTEM TO VERIFY TO THE DEPARTMENT OF

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REVENUE WHETHER A PERSON, WHO VERIFIED THAT AN APPLICANT FOR

9

PARKING PRIVILEGES IS DISABLED AS DEFINED IN SECTION

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42-3-204,

C.R.S., IS REGISTERED UNDER SECTION 12-38-111.5.

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SECTION 4. Part 2 of article 1 of title 42, Colorado Revised

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Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW

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SECTIONS to read:

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42-1-224. Disabled parking education and enforcement fund

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- created. T HERE IS HEREBY CREATED IN THE STATE TREASURY THE

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DISABLED PARKING EDUCATION AND ENFORCEMENT FUND.

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ASSEMBLY SHALL APPROPRIATE THE MONEYS IN THE FUND FOR THE

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PURPOSES SPECIFIED IN SECTIONS

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U NEXPENDED AND UNENCUMBERED MONEYS REMAINING IN THE FUND AT

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THE END OF A FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT

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BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANOTHER FUND.

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T HE DEPARTMENT MAY ACCEPT GIFTS, GRANTS, OR DONATIONS FROM

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PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS SECTION.

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PRIVATE AND PUBLIC FUNDS RECEIVED THROUGH GIFTS, GRANTS, OR

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DONATIONS SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO

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SHALL CREDIT THE MONEYS TO THE FUND.

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42-1-225.

T HE GENERAL

42-1-225, 42-3-204, AND 42-4-1208.

Disabled parking education program.

A LL

T HE

C OLORADO ADVISORY COUNCIL FOR PERSONS WITH DISABILITIES MAY -4-

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MAKE GRANTS OR DEVELOP OR DELIVER EDUCATION PROGRAMS FOR THE

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PURPOSE OF PROVIDING PEACE OFFICERS, LOCAL GOVERNMENTS, MEDICAL

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PROVIDERS,

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CONCERNING ELIGIBILITY STANDARDS FOR PARKING BENEFITS AVAILABLE

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TO A PERSON WITH A DISABILITY AFFECTING MOBILITY, APPROPRIATE USE

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OF THE PARKING PRIVILEGES, THE LEGAL STANDARDS AND VIOLATIONS

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CONTAINED IN SECTIONS 42-3-204 AND 42-4-1208, AND THE ADVANTAGES

8

OF CREATING A VOLUNTEER ENFORCEMENT PROGRAM.

AND

PERSONS

WITH

DISABILITIES

WITH

EDUCATION

9

SECTION 5. 42-3-204 (1), (2) (a) (I), (2) (a) (II), (2) (b), (2) (c),

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(2) (d), (3), and (4), Colorado Revised Statutes, are amended, and section

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42-3-204 is further amended BY THE ADDITION OF THE

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FOLLOWING NEW SUBSECTIONS, to read:

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42-3-204. Parking privileges for persons with disabilities applicability - rules. (1) As used in this section: (a) "License plate or placard" means any license plate or placard

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issued pursuant to subsection (2) of this section.

"D ISABILITY" OR

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"DISABLED" MEANS A PHYSICAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS

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A PERSON'S ABILITY TO MOVE FROM PLACE TO PLACE, WHICH IMPAIRMENT

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IS VERIFIED, IN WRITING, BY A PROFESSIONAL.

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VERIFICATION PROFESSIONAL SHALL CERTIFY TO THE DEPARTMENT OF

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REVENUE THAT THE PERSON MEETS THE STANDARDS ESTABLISHED BY THE

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EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE.

T O BE VALID, THE

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(b) "E XTENDED" MEANS A CONDITION THAT IS NOT EXPECTED TO

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CHANGE WITHIN THIRTY MONTHS AFTER THE ISSUANCE OF THE

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IDENTIFYING TAG, GIVEN THE CURRENT STATE OF MEDICAL OR ADAPTIVE

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TECHNOLOGY.

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(c) "Person with a disability" means either of the following:

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"IDENTIFYING FIGURE" MEANS A FIGURE THAT PROVIDES NOTICE THAT THE -5-

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PERSON IS AUTHORIZED TO USE A RESERVED PARKING SPACE.

(I) A person so severely impaired that such person is unable to move from place to place without the aid of a mechanical device; or

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(II) A person who has a physical impairment that substantially

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limits the person's ability to move from place to place, which impairment

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is verified, in writing, by a physician licensed to practice medicine or

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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

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practice nurse registered pursuant to section 12-38-111.5, C.R.S. To be

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valid, such verification by the director, physician, podiatrist, or advanced

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practice nurse shall certify to the department of revenue that the person

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meets the standards established by the executive director of the

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department of revenue.

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(d)

"I DENTIFYING LICENSE PLATE" MEANS A LICENSE PLATE

BEARING AN IDENTIFYING FIGURE.

(e) "IDENTIFYING PLACARD" MEANS A PLACARD BEARING AN IDENTIFYING FIGURE.

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(f) "P ERMANENT" MEANS A CONDITION THAT IS UNEXPECTED TO

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CHANGE WITHIN THE PERSON'S LIFETIME , GIVEN THE CURRENT STATE OF

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MEDICAL OR ADAPTIVE TECHNOLOGY.

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(g) "P ROFESSIONAL" MEANS A PHYSICIAN LICENSED TO PRACTICE

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MEDICINE OR PRACTICING MEDICINE PURSUANT TO SECTION 12-36-106 (3)

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(i), C.R.S., A PODIATRIST LICENSED UNDER ARTICLE 32 OF TITLE 12,

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C.R.S., OR AN ADVANCED PRACTICE NURSE REGISTERED PURSUANT TO

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SECTION 12-38-111.5, C.R.S.

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(h)

"R ESERVED PARKING SPACE" MEANS A PARKING SPACE

RESERVED FOR A PERSON WITH A DISABILITY.

(2) (a) A person with a disability may apply to the department for: -6-

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(I) Distinguishing IDENTIFYING license plates to be supplied at the

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same cost as standard plates and to be displayed as provided in section

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42-3-202 on a motor vehicle owned by such person or that is owned by

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a trust created for the benefit of and the name of which includes the name

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of such person, SUBJECT TO THE FOLLOWING:

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(A) Any IDENTIFYING LICENSE plates issued by the department

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pursuant to this section shall be renewed once each year in a manner to

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be determined by the department.

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(B) The issuance of a special AN IDENTIFYING license plate to a

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person with a disability pursuant to this subparagraph (I) shall not

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preclude such person from obtaining an identifying placard. pursuant to

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subparagraph (II) of this paragraph (a).

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(C) The verification requirements of subsection (1) of this section shall be met once every three years. (II) An identifying placard to be prominently displayed on a motor vehicle used to transport such person, SUBJECT TO THE FOLLOWING:

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(A) A PERMANENT OR EXTENDED IDENTIFYING PLACARD SHALL

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NOT BE ISSUED UNLESS THE APPLICANT PROVIDES A DRIVER'S LICENSE OR

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IDENTIFICATION CARD ISSUED PURSUANT TO ARTICLE

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MILITARY IDENTIFICATION CARD; OR, IF THE APPLICANT IS EXEMPT FROM

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LICENSURE PURSUANT TO SECTION 42-2-102, THE LICENSE REQUIRED TO

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QUALIFY FOR SUCH EXEMPTION.

2 OF THIS TITLE ; A

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(B) Any A N IDENTIFYING placard valid for more than ninety days

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issued by the department pursuant to this section shall have printed on the

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placard a number assigned to the placard that corresponds to identifying

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information of the person or persons with the disability THE LAST FOUR

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DIGITS OF THE PERSON'S IDENTIFICATION NUMBER PRINTED ON ITS FACE.

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(C) Identifying information about the person or persons with the -7-

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disability shall be strictly confidential and only available to law

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enforcement or to personnel within the department for official business

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related to such placard.

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(D) Such assigned number W HEN IN USE, THE PLACARD 'S FACE

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shall be legible AND VISIBLE to any law enforcement officer or authorized

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parking enforcement official when viewed from outside the vehicle.

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(E) A A N IDENTIFYING placard issued by the department pursuant

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to this section shall be renewed every three years in a manner to be

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determined by the department.

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(F) The verification requirements of subsection (1) of this section shall be met each time the placard is renewed.

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(G) A N IDENTIFYING PLACARD VALID FOR MORE THAN NINETY

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DAYS SHALL BEAR THE MONTH AND YEAR IT EXPIRES, WHICH SHALL BE

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CLEARLY VISIBLE ON ITS FACE FROM OUTSIDE THE VEHICLE USING

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PRINTING, A VALIDATION STICKER, OR OTHER TAMPER- RESISTANT MEANS.

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(b)

Notwithstanding

the

verification

requirements

of

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subparagraphs (I), (II), and (III) of paragraph (a) of this subsection (2), if

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a renewal applicant has a permanent disability that was verified in writing

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by a physician licensed to practice medicine in this state or practicing

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medicine pursuant to section 12-36-106 (3) (i), C.R.S., or an advanced

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practice nurse registered pursuant to section 12-38-111.5, C.R.S.,

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PROFESSIONAL

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application for a AN IDENTIFYING license plate or placard under this

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section, such applicant shall not be required to meet such THE verification

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requirement to renew such license plate or placard; EXCEPT THAT THE

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HOLDER OF SUCH AN IDENTIFYING TAG SHALL MEET THE VERIFICATION

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REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION EVERY NINE YEARS.

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If a person renews such license plate or placard of and on behalf of a

and provided to the department with the original

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person with a permanent disability, the person renewing such license plate

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or placard shall sign an affidavit, under the penalty of perjury, attesting

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to the fact that the person with a permanent disability is still in need of the

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license plate or placard and stating that such license plate or placard shall

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be surrendered to the department upon the death of the person with a

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permanent disability.

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(c) Such A N IDENTIFYING license plate or placard shall be issued

8

to such person upon presentation to the department of a written statement,

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verified by a physician licensed to practice medicine in this state or

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practicing medicine pursuant to section 12-36-106 (3) (i), C.R.S., or an

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advanced practice nurse registered pursuant to section 12-38-111.5,

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C.R.S., that such person is a person with HAS a disability. The application

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for such a AN IDENTIFYING license plate or placard shall be sent to the

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department each year; except that a person who has been issued a

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disabled veteran special license plate shall not send an application to the

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department every year.

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(d) Such A N IDENTIFYING license plate or placard may be revoked

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by the department upon receipt of a sworn statement from a peace officer

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or an authorized parking enforcement official that the person with a

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disability has improperly used the privilege defined in section 42-4-1208.

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Upon a first violation of section 42-4-1208, the department shall deny

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reissuance of such license plate or placard for a period of one year

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following the date of revocation. Upon a second or subsequent violation

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of section 42-4-1208, the department shall deny reissuance of such

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license plate or placard for a period of at least five years after the date of

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the second or each subsequent revocation. The department shall provide

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written notification to the person with a disability of such revocation,

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which notification shall contain a demand for the return of the -9-

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IDENTIFYING license plate or placard to the department and a warning that

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continued use by any person shall be subject to the penalty set forth in

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section 42-4-1208 (11).

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ELECTRONIC RECORD OF ALL IDENTIFYING PLATES OR PLACARDS THAT

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HAVE BEEN REVOKED AND MAKE THE ELECTRONIC RECORD AVAILABLE TO

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ISSUING AUTHORITIES AND LAW ENFORCEMENT AGENCIES.

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(3) (a)

T HE DEPARTMENT SHALL MAINTAIN AN

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

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to section 12-36-106 (3) (i), C.R.S., a podiatric physician licensed under

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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

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temporarily meets the definition of a person with a disability.

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(b)

The department shall issue such permits and placards A

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TEMPORARY IDENTIFYING PLACARD

to a qualifying person who is a

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resident of another state and who becomes disabled while in this state.

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(c) Such permits and A TEMPORARY IDENTIFYING placard shall be

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valid for a period of ninety days after the date of issuance and may

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continually be renewed for additional ninety-day periods during the term

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of such disability upon resubmission of such written and verified

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statements.

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(d)

The provisions of this section concerning the privileges

24

granted to persons with disabilities shall apply to temporary IDENTIFYING

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license permits and temporary placards issued under this subsection (3).

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Further, the requirement that the placard include a printed identification

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number as set forth in subparagraph (II) of paragraph (a) of subsection (2)

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of this section shall apply to both temporary license permits and -10-

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temporary placards issued under this subsection (3) A TEMPORARY

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IDENTIFYING PLACARD SHALL NOT BE ISSUED UNLESS THE APPLICANT

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PROVIDES AN IDENTIFICATION CARD OR LICENSE ISSUED BY THE

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DEPARTMENT OR AN IDENTIFICATION CARD OR LICENSE ISSUED BY THE

5

U NITED S TATES GOVERNMENT OR ANOTHER STATE GOVERNMENT.

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(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

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podiatrist licensed under article 32 of title 12, C.R.S., or an advanced

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practice nurse registered pursuant to section 12-38-111.5, C.R.S., shall be

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carried in the MOTOR vehicle transporting the person or persons with a

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disability to whom the temporary license permit or placard has been

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issued and shall be presented to any law enforcement officer upon

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request. Temporary license permits and temporary IDENTIFYING placards

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issued by states other than Colorado shall be valid so long as they are

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currently valid in the state of issuance and valid pursuant to 23 CFR 1235.

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(f) A TEMPORARY IDENTIFYING PLACARD SHALL HAVE THE LAST

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FOUR DIGITS OF THE PERSON 'S IDENTIFICATION NUMBER AND THE

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EXPIRATION DATE PRINTED ON ITS FACE.

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(4) Upon the filing of an application for issuance or renewal of a

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AN IDENTIFYING license plate or placard under this section, the department

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shall make available to the applicant an informational pamphlet or other

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informational source developed by the department that describes the

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rights and responsibilities of the holders of such license plates or placards

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and the parking privileges set forth in section 42-4-1208.

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(5) (a) A N APPLICATION FOR AN IDENTIFYING PLACARD SHALL

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CONTAIN A NOTICE OF ELIGIBILITY REQUIREMENTS AND PENALTIES FOR

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OBTAINING AN IDENTIFYING LICENSE PLATE OR PLACARD WHEN NOT

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ELIGIBLE .

T HE APPLICANT SHALL SIGN THE NOTICE AFFIRMING -11-

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KNOWLEDGE OF THE INFORMATION CONTAINED THEREIN.

2

(b) T HE DEPARTMENT SHALL PROMULGATE A RULE CREATING A

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FORM THAT IS SIGNED BY A PROFESSIONAL, UNDER PENALTY OF PERJURY,

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AFFIRMING KNOWLEDGE OF CONTENTS OF THE NOTICE CREATED IN

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PARAGRAPH

6

PERSON HAS A DISABILITY.

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ELIGIBILITY REQUIREMENT TO OBTAIN AN IDENTIFYING PLACARD OR

8

LICENSE PLATE.

(a) OF THIS SUBSECTION (5) BEFORE VERIFYING THAT A T HE FORM SHALL CONTAIN A NOTICE OF THE

9

(6) A NY PERSON RENEWING AN IDENTIFYING LICENSE PLATE SHALL

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AFFIRM UNDER PENALTY OF PERJURY THAT THE PERSON TO WHOM THE

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LICENSE PLATE IS ISSUED REMAINS ELIGIBLE TO USE THE LICENSE PLATE.

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(7) T HE DEPARTMENT SHALL CREATE OR MAKE AVAILABLE A

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TRAINING PROGRAM TO ASSIST PROFESSIONALS IN UNDERSTANDING THE

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STANDARDS THAT NEED TO BE MET TO OBTAIN AN IDENTIFYING PLACARD

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OR LICENSE PLATE.

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(8) U PON A COMPLAINT BEING FILED OR FINDING REASONABLE

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SUSPICION THAT THE HOLDER OF AN IDENTIFYING LICENSE PLATE OR

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PLACARD DOES NOT HAVE A BONA FIDE DISABILITY, THE DEPARTMENT MAY

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REQUIRE A HOLDER TO OBTAIN ANOTHER PROFESSIONAL EVALUATION.

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(9) P RIOR TO ISSUING AN IDENTIFYING PLACARD OR LICENSE PLATE,

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THE DEPARTMENT SHALL VERIFY THE STATUS OF THE PROFESSIONAL WHO

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VERIFIED THE APPLICANT'S DISABILITY.

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(10) (a) T HE DEPARTMENT SHALL MAINTAIN IN ITS RECORDS THE

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APPLICATION OR AN ELECTRONIC OR DIGITAL COPY OF THE APPLICATION

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FOR THREE YEARS.

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(b) T HE DEPARTMENT SHALL PROVIDE TO THE DEPARTMENT OF

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PUBLIC SAFETY ELECTRONIC ACCESS TO THE RECORDS MAINTAINED

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PURSUANT TO PARAGRAPH

(a) OF THIS SUBSECTION (10). -12-

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(11) A N IDENTIFYING PLACARD ISSUED IN ANOTHER STATE OR

2

COUNTRY SHALL NOT BE VALID FOR MORE THAN NINETY DAYS AFTER THE

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PERSON BECOMES A RESIDENT OF C OLORADO.

4

AN IDENTIFYING PLACARD SHALL SURRENDER ANY CURRENTLY HELD

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IDENTIFYING PLACARD ISSUED IN ANOTHER STATE OR COUNTRY.

A PERSON WHO APPLIES FOR

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(12) IF THE DEPARTMENT OR AN AUTHORIZED AGENT OFFERS

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LICENSE PLATE RENEWAL ELECTRONICALLY OR BY MAIL, THE DEPARTMENT

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OR AUTHORIZED AGENT SHALL PROVIDE A PERSON WITH A DISABILITY THE

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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 15

42-4-1208. Parking privileges for persons with disabilities 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) "D ISABILITY" 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.

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(c) "IDENTIFYING PLACARD" HAS THE SAME MEANING AS DEFINED IN SECTION 42-3-204.

(d)

"R ESERVED PARKING SPACE" MEANS A PARKING SPACE

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 -13-

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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

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such area; except that a jurisdiction shall not limit such a privilege to park

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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:

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(a) Stopping, standing, or parking of all vehicles is prohibited;

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(b) Only special vehicles may be parked;

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(c) Parking is not allowed during specific periods of the day in

10

order to accommodate heavy traffic.

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(3) (a) A person with a disability may park in a RESERVED parking

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space identified as being reserved for use by persons with disabilities

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whether on public property or private property available for public use.

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A A N IDENTIFYING license plate or placard obtained pursuant to section

15

42-3-204 or as otherwise authorized by subsection (4) of this section shall

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be displayed at all times on the vehicle while parked in such space.

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(b) The owner of private property available for public use may

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request the installation of official signs identifying RESERVED parking

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spaces. reserved for use by persons with disabilities. Such a request shall

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be a waiver of any objection the owner may assert concerning

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enforcement of this section by peace officers of any political subdivision

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of this state, and such officers are hereby authorized and empowered to

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so enforce this section, provisions of law to the contrary notwithstanding.

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N O PERSON SHALL IMPOSE RESTRICTIONS ON THE USE OF DISABLED

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PARKING UNLESS SPECIFICALLY AUTHORIZED BY STATUTE, RESOLUTION,

26

OR ORDINANCE OF C OLORADO OR A POLITICAL SUBDIVISION THEREOF.

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(c) Each RESERVED parking space reserved for use by persons

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with disabilities whether on public property or private property shall be -14-

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marked with an official upright sign, which sign may be stationary or

2

portable, identifying such parking space as reserved for use by persons

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with disabilities. E ACH ACCESS AISLE OR WHEELCHAIR UNLOADING AREA

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SHALL BE MARKED WITH AN OFFICIAL UPRIGHT SIGN NOTIFYING THE

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PUBLIC THAT PARKING IS PROHIBITED IN THE AISLE OR AREA.

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R ESTRICTIONS 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 A N 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 with DOES NOT HAVE a

24

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

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24-4.1-119 (1) (f) AND DRAFT

DRAFT 10.15.09 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.

5

SECTION THREE OR MORE TIMES SHALL BE SUBJECT TO PERFORM NOT MORE

6

THAN TWENTY HOURS OF COMMUNITY SERVICE.

IN ADDITION, A PERSON WHO VIOLATES THIS

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

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

23

OFFENSE. I N 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)

(1) (f) AND 24-4.2-104 (1)

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 -16-

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DRAFT 10.15.09 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.

5

CONFISCATED PLACARD FOR THIRTY DAYS AND MAY DISPOSE OF THE

6

PLACARD AFTER THIRTY DAYS.

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.

T HE LAW ENFORCEMENT AGENCY SHALL HOLD A

U PON THE PERSON WITH A DISABILITY

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.

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.

The

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 -17-

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DRAFT 10.15.09 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 or WHO knowingly makes,

5

possesses, uses, or transfers what purports to be, but is not, a AN

6

IDENTIFYING

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.

placard; issued to a person with a disability pursuant to

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

23

IDENTIFYING

24

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

license plate or placard, including the use of such plate or

(c) A holder may avoid the liability described in paragraph (b) of -18-

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DRAFT 10.15.09 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) N O 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) U PON 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 .

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

23

VEHICLE .

U PON

24

(16) (a) N O 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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DRAFT 10.15.09 1

(b) P ARKING 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 6

(c) A PERSON WHO VIOLATES THIS SUBSECTION (16) COMMITS A CLASS B TRAFFIC INFRACTION.

7

(17) N O 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.

11

B TRAFFIC INFRACTION.

12

A PERSON WHO VIOLATES THIS SUBSECTION (17) COMMITS A CLASS

(18)

O NE-HALF OF ANY FINE COLLECTED PURSUANT TO THIS

13

SECTION SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL

14

CREDIT

15

ENFORCEMENT FUND CREATED IN SECTION 42-1-224.

THE

FINE

TO THE

DISABLED PARKING

EDUCATION

AND

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) U NLESS 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

23

REQUIRES 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)

N OTWITHSTANDING ANY STATUTE, RESOLUTION, OR -20-

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DRAFT 10.15.09 1

ORDINANCE OF

C OLORADO 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) T HE 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) T HE 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.

15

Statutes, is amended to read:

16

42-4-1701.

42-4-1701 (4) (a) (I) (M), Colorado Revised

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 -21-

DRAFT

DRAFT 10.15.09 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.

5

surcharges for violating specific sections shall be as follows:

6

Section Violated

7

(M) Parking violations:

Penalty

Penalties and

Surcharge

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.

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