First Regular Session
Sixty-first General Assembly
LLS NO. 970243.01 PLC
HOUSE BILL 971074
STATE OF COLORADO
BY REPRESENTATIVE Hagedorn;
Also SENATOR Weddig.
TRANSPORTATION & ENERGY
A BILL FOR AN ACT
CONCERNING ENFORCEMENT OF PARKING PRIVILEGES FOR
PERSONS WITH DISABILITIES, AND MAKING AN APPROPRIATION THEREFOR.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Requires an identifying photograph of the person with a disability to be placed on the parking placard issued to a person with a disability.
Increases the surcharge on the penalty assessed for violation of the laws concerning disabled parking privileges from $6 to $11.
Allows the additional surcharge to be transmitted
to the newly created identification placard fund to offset the
cost of placing a photograph on the placard.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 423121 (2) (a) (II), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended, and the said 423121 (2) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
423121. Parking privileges for persons with disabilities. (2) (a) A person with a disability may apply to the motor vehicle division of the department for:
(II) An identifying placard to be prominently displayed on a motor vehicle used to transport such person. Any placard issued by the motor vehicle division pursuant to this section SHALL BEAR THEREON AN IDENTIFYING PHOTOGRAPH OF THE PERSON WITH A DISABILITY. SUCH PHOTOGRAPH SHALL BE TAKEN AND PROCESSED WITH EQUIPMENT OWNED OR LEASED BY THE DIVISION. THE PLACARD shall be renewed every three years in a manner to be determined by the division. The verification requirements of subsection (1) of this section shall be met each time the placard is renewed.
(e) A SURCHARGE SHALL BE LEVIED AGAINST A PENALTY ASSESSMENT IMPOSED FOR A VIOLATION OF A CLASS B TRAFFIC INFRACTION PURSUANT TO SECTIONS 4241208 AND 4241701. THE AMOUNT OF THE SURCHARGE SHALL BE FIVE DOLLARS OF THE AMOUNT SPECIFIED IN THE PENALTY AND SURCHARGE SCHEDULE IN SECTION 4241701 (4). ALL MONEYS COLLECTED BY THE DEPARTMENT OF REVENUE PURSUANT TO THIS PARAGRAPH (e) SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE PLACARD IDENTIFICATION FUND, WHICH FUND IS HEREBY CREATED. THE MONEYS IN THE FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION FOR THE DIRECT AND INDIRECT COSTS OF ISSUING IDENTIFYING PLACARDS FOR PERSONS WITH DISABILITIES PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (2). THE DEPARTMENT OF REVENUE SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 15, 1998, REGARDING THE SUFFICIENCY OF THE FIVEDOLLAR SURCHARGE TO PAY FOR THE COSTS OF ISSUING IDENTIFYING PLACARDS. SUCH REPORT SHALL CONTAIN A RECOMMENDATION TO THE GENERAL ASSEMBLY TO INCREASE OR DECREASE THE SURCHARGE, CONTINUE THE SURCHARGE, OR DISCONTINUE THE SURCHARGE AND THE PLACEMENT OF IDENTIFYING PHOTOGRAPHS ON PLACARDS FOR PERSONS WITH DISABILITIES.
SECTION 2. The introductory portion to 4241701 (4) (a) (I) and (4) (a) (I) (M), Colorado Revised Statutes, 1993 Repl. Vol., as amended, are amended to read:
4241701. Traffic offenses
and infractions classified penalties penalty and
surcharge schedule. (4) (a) (I) Except
as provided in paragraph (c) of subsection (5) of this section,
every person who is convicted of, who admits liability for, or
against whom a judgment is entered for a violation of any provision
of this title to which the provisions of paragraph (a) or (b)
of subsection (5) of this section apply shall be fined or penalized,
and have a surcharge levied thereon pursuant to
SECTIONS 424121 (2) (e) AND 244.2104 (1)
(b) (I), C.R.S., in accordance with the penalty and surcharge
schedule set forth in subsubparagraphs (A) to (P) of this
subparagraph (I); or, if no penalty or surcharge is specified
in the schedule, the penalty for class A and class B traffic infractions
shall be fifteen dollars, and the surcharge shall be two dollars.
These penalties and surcharges shall apply whether the defendant
acknowledges the defendant's guilt or liability in accordance
with the procedure set forth by paragraph (a) of subsection (5)
of this section or is found guilty by a court of competent jurisdiction
or has judgment entered against the defendant by a county court
magistrate. Penalties and surcharges for violating specific sections
shall be as follows:
Section Violated Penalty Surcharge
(M) Parking violations:
4241201 $ 15.00 $ 2.00
4241202 15.00 2.00
4241204 15.00 2.00
4241205 15.00 2.00
4241206 15.00 2.00
4241207 15.00 2.00
4241208 (6) or (7) 50.00 11.00
SECTION 3. 244.2104 (1) (b) (I) , Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended to read:
244.2104. Surcharges levied
on criminal actions and traffic offenses.
(1) (b) (I) A surcharge shall be levied against
a penalty assessment imposed for a violation of a class A or class
B traffic infraction or class 1 or class 2 misdemeanor traffic
offense pursuant to section 4241701, C.R.S. The amount
of such surcharge shall be the amount specified in the penalty
and surcharge schedule in section 4241701 (4), C.R.S.,
or, if no amount is specified,
FIFTY percent of the penalty imposed. All
Moneys collected by the department of revenue pursuant to this
subparagraph (I) shall be transmitted to the court administrator
of the judicial district in which the infraction occurred for
credit to the victims and witnesses assistance and law enforcement
fund established in that judicial district as provided in section
421217, C.R.S.; EXCEPT THAT FIVE DOLLARS OF THE SURCHARGE
COLLECTED BY THE DEPARTMENT OF REVENUE FOR A VIOLATION OF SECTION
4241208 (6) AND (7), C.R.S., SHALL BE TRANSMITTED
TO THE STATE TREASURER PURSUANT TO SECTION 424121
(2) (e), C.R.S. Surcharges paid to the clerk of the court pursuant
to this subparagraph (I) shall be transmitted to the court administrator
of the judicial district in which the offense was committed for
credit to the victims and witnesses assistance and law enforcement
fund established in that judicial district.
SECTION 4. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the identification placard fund not otherwise appropriated, to the department of revenue for allocation to the division of motor vehicles, for the fiscal year beginning July 1, 1998, the sum of ____________ dollars ($ ), or so much thereof as may be necessary, for the implementation of this act.
SECTION 5. Effective date applicability. Sections 2 through 6 of this act shall take effect July 1, 1997, and shall apply to all violations of section 4241208 (6) and (7) committed on or after said date. Section 1 shall take effect July 1, 1998, and shall apply to all new or renewed identification placards for persons with disabilities for which application is made on or after said date.
SECTION 6. 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.