HOUSE Amended 3rd Reading April 20, 2016 HOUSE Amended 2nd Reading April 15, 2016Second Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 16-0831.01 Jason Gelender x4330 HOUSE BILL 16-1273 HOUSE SPONSORSHIP Arndt, SENATE SPONSORSHIP Todd, House Committees Senate Committees Transportation & Energy Appropriations A BILL FOR AN ACT Concerning limited authority for the department of transportation to enforce parking fines for violations of rules governing parking at department parking facilities. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The department of transportation (CDOT) is authorized to charge fees for parking at a park-n-ride lot or any other CDOT parking facility for more than 24 hours or in a reserved parking space. CDOT must post notice of fees, and any associated parking prohibitions or penalties for parking violations, at any facility where it charges fees and may not require an individual to provide personal information in order to park unless the individual wishes to use reserved parking or automatic payment services. Parking fees are payable in advance. CDOT may set aside up to 15% of the spaces at a CDOT parking facility for reserved parking and may establish rules that prohibit an individual from parking at a CDOT parking facility if the individual is not using mass transit that is accessible from the facility. CDOT may impose a daily penalty if a motor vehicle is parked at a CDOT parking facility and the individual who parked it either failed to pay a parking fee or parked in violation of a CDOT rule. Any motor vehicle for which a penalty is assessed and which is left unattended at a CDOT parking facility for more than 4 days is considered a motor vehicle abandoned on public property for purposes of existing laws that address the removal, storage, and disposal of such motor vehicles. For enforcement purposes, CDOT may inspect any motor vehicle registration electronic database that includes the name and address of any registered motor vehicle owner. Local governments and CDOT must consult with each other before the establishment of zoning, other authorization by a governmental body, or contracts required for privately owned or managed parking facilities intended for users of mass transit that is accessible from a CDOT parking facility. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 43-1-123 as follows: 43-1-123. Limited authority to charge fees for parking - reserved parking spaces - penalties - definitions. (1) (a) The department may enforce parking fines at a department parking facility for a motor vehicle left in a short-term parking spot at the facility for more than twenty-four hours. (b) The department shall not promulgate a rule to prohibit parking at a facility pursuant to subsection (2) of this section, or enforce a penalty imposed pursuant to subsection (3) of this section, which for purposes of this paragraph (b) includes treating a motor vehicle as abandoned, until it has posted signs warning of the prohibition or penalty at all entrances and exits to the facility for at least ninety days. The warning signs shall remain in place as long as the prohibition or penalty is in effect at the facility. (2) The department shall promulgate reasonable rules, in accordance with article 4 of title 24, C.R.S., for the administration and enforcement of this section. (3) (a) If a motor vehicle is parked at a department parking facility and the individual who parks the motor vehicle violates a rule promulgated by the department pursuant to subsection (2) of this section, the department may impose a penalty on the owner of the vehicle for each day that the vehicle is parked at the facility. The penalty is a warning for the first offense, twenty dollars for the second offense, fifty dollars for the third offense, and one hundred dollars for all subsequent offenses. The department shall give written notice to the owner of the penalty and shall notify the owner that he or she may, within fourteen days of the notice from the department, request a hearing to dispute the penalty. (b) Any motor vehicle for which a penalty is assessed pursuant to paragraph (a) of this subsection (3) and which is left unattended in a short-term parking space at a department parking facility for more than four days is an abandoned motor vehicle subject to the provisions of part 18 of article 4 of title 42, C.R.S. (4) The department of revenue shall allow, on an as-needed basis, inspection of records as set forth in section 24-72-204 (7) (b) (I), C.R.S. (5) As used in this section, unless the context otherwise requires, "department parking facility" or "facility" means a park-n-ride lot or any other parking lot or structure owned or leased and operated by the department. (6) Local governments and the department shall consult with each other before the establishment of zoning, other authorization by a governmental body, or contracts required for privately owned or managed parking facilities intended for users of mass transit that are accessible from a department parking facility. SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.