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.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

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 section 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, thirty­seven 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.