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An Act

HOUSE BILL 98­1332

BY REPRESENTATIVES Sullivant, Chavez, Entz, Epps, Kaufman, McElhany, Musgrave, Reeser, and Tool;

also SENATORS Hopper, Bishop, Chlouber, Congrove, Feeley, Hernandez, J. Johnson, Martinez, Norton, Pascoe, Phillips, Powers, Schroeder, Wells, and Wham.

CONCERNING AUTHORIZATION OF PERSONS WHO HAVE OBTAINED SPECIAL LICENSE PLATES FOR DISABLED VETERANS TO MAKE USE OF PARKING PRIVILEGES FOR PERSONS WITH DISABILITIES.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  42­3­115.5 (5) (a), Colorado Revised Statutes, is amended to read:

42­3­115.5.  Special plates ­ military veterans ­ rules. (5)  Disabled veterans. (a) (I)  The disabled veteran special license plate shall indicate that the owner of the motor vehicle to which such license plate is attached is a disabled veteran of the United States armed forces.

(II)  IN ADDITION TO REQUIREMENTS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (a), IF THE APPLICANT DEMONSTRATES THAT HE OR SHE HAS A PHYSICAL IMPAIRMENT AFFECTING MOBILITY UNDER THE STANDARDS PROVIDED IN SECTION 42­3­121 (1), THEN SUCH SPECIAL LICENSE PLATE SHALL HAVE AN ADDITIONAL IDENTIFYING FEATURE, AS DETERMINED BY THE DEPARTMENT, TO INDICATE THAT THE OWNER OF THE VEHICLE IS AUTHORIZED TO MAKE USE OF PARKING PRIVILEGES FOR PERSONS WITH DISABILITIES.

SECTION 2.  42­4­1208 (1), the introductory portion to 42­4­1208 (2), and 42­4­1208 (3) (a), (4), and (7), Colorado Revised Statutes, are amended to read:

42­4­1208.  Parking privileges for persons with disabilities. (1)  As used in this section, "person with a disability" has the meaning provided for such term in section 42­3­121 (1) AND INCLUDES ANY PERSON WHO HAS QUALIFIED FOR AND OBTAINED DISABLED VETERAN SPECIAL LICENSE PLATES WITH THE IDENTIFYING FEATURE FOR A PERSON WITH A PHYSICAL IMPAIRMENT AFFECTING MOBILITY UNDER SECTION 42­3­115.5 (5) (a) (II).

(2)  In a jurisdiction recognizing the privilege defined by this subsection (2), a vehicle with distinguishing license plates, or an identifying placard, OR DISABLED VETERAN SPECIAL LICENSE PLATES WITH THE IDENTIFYING FEATURE FOR A PERSON WITH A PHYSICAL IMPAIRMENT AFFECTING MOBILITY UNDER SECTION 42­3­115.5 (5) (a) (II) may be parked in public parking areas along public streets regardless of any time limitation imposed upon parking in such area; except that such privilege need not apply to zones in which:

(3) (a)  A person with a disability may park in a parking space identified as being reserved for use by persons with disabilities whether on public property or private property available for public use. A placard or license plate issued to a person with a disability OR DISABLED VETERAN SPECIAL LICENSE PLATES WITH THE IDENTIFYING FEATURE UNDER SECTION 42­3­115.5 (5) (a) (II) shall be displayed on the vehicle while parked in such space.

(4)  Persons with disabilities from states other than Colorado shall be allowed to use parking spaces for persons with disabilities in Colorado so long as such persons have valid license plates or placards from their home state, INCLUDING SPECIAL LICENSE PLATES ISSUED TO DISABLED VETERANS CONTAINING THE IDENTIFYING FEATURE UNDER SECTION 42­3­115.5 (5) (a) (II).

(7)  Any person who is not a person with a disability and who uses a license plate or placard issued to a person with a disability pursuant to section 42­3­121 (2) OR A USES DISABLED VETERAN SPECIAL LICENSE PLATE ISSUED PURSUANT TO SECTION 42­3­115.5 (5) (a) (II) in order to receive the benefits or privileges available to a person with a disability under this section commits a class B traffic infraction.

SECTION 3.  Effective date ­ applicability. (1)  This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

(2)  The provisions of this act shall apply to actions taken on or after the applicable effective date of this act.



____________________________ ____________________________

Charles E. Berry Tom Norton

SPEAKER OF THE HOUSE PRESIDENT OF

OF REPRESENTATIVES THE SENATE





____________________________ ____________________________

Judith M. Rodrigue Patricia K. Dicks

CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF

OF REPRESENTATIVES THE SENATE



APPROVED________________________________________



_________________________________________

Roy Romer

GOVERNOR OF THE STATE OF COLORADO


Created: 4/15/98 Updated: 4/15/98