House Bill25-1117 Introduced

A Bill for an Act

• Page 1, Line 101Concerning the regulation of vehicle immobilization

• Page 1, Line 102companies.

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://leg.colorado.gov.)

The bill amends the statutes requiring a permit to boot a vehicle to broaden the permit requirement to include any application, without the appropriate consent, of a device intended to prevent the normal operation of a motor vehicle.

Under current law, a permit holder may be denied a permit to boot a vehicle upon application when the permit holder or owner has been convicted of a felony within the last 5 years. The bill allows the public utilities commission (commission) to suspend, revoke, or refuse to renew a permit to immobilize a vehicle for felonies and immobilization-related offenses. An applicant must disclose each person that is a principal owner in the vehicle immobilization company (company) in an application.

The commission is authorized to deny an application for or suspend, revoke, or refuse to renew a permit of a company based on a determination that it is not in the public interest for the company to possess a permit. The determination is subject to appeal. Possession of a permit is rebuttably presumed to be not in the public interest if a company has willfully and repeatedly failed to comply with the relevant law.

The bill adds the following new duties for companies:

• Before immobilizing a vehicle, the company must document the vehicle's condition and the reason for the immobilization. Standards are set for the documentation, including taking photographs.
• Upon demand by an authorized or interested person, the company must provide copies of the photographs, and if the company does not provide the photographs and a vehicle is damaged, it creates a rebuttable presumption that the company damaged the vehicle or did not have authority to immobilize the vehicle;
• When an immobilization device is being removed from a vehicle, a company must provide adequate lighting to inspect the vehicle for damage;
• A company shall display its name, the permit number, and a phone number of the company on each company vehicle used in immobilization. Standards are set for the display.
• The representative of a company must have business identification visibly worn at all times while immobilizing a vehicle or accepting payment;
• If a vehicle has been immobilized by a company, another company must not immobilize the vehicle;
• If a company applies more than one immobilization device to a vehicle, the company may not charge more than once for the removal of all the immobilization devices;
• A company must provide, upon request, evidence of the company's commercial liability insurance coverage;
• A company must immediately accept payment and release the vehicle if offered in cash or by valid major credit card;
• Upon request, a company must disclose accepted forms of payment;
• A company must provide an itemized bill showing each charge and the rate for each fee incurred as a result of an immobilization and any fee that caused the immobilization; and
• A company may not pay money or provide other valuable consideration for the privilege of immobilizing vehicles.
• The immobilization is ordered or authorized by a court order, an administrative order, or a peace officer or by operation of law; or
• The company has received permission for each individual immobilization, within the 24 hours immediately preceding the immobilization, from a specified person. The company must retain the permission for 3 years.
• Notice of the parking regulations; and
• Notice that a violation of the regulations subjects the vehicle to immobilization at the vehicle owner's expense.
• The restriction or prohibition on parking;
• The times of the day and days that the restriction is applicable, but, if the restriction applies 24 hours per day, 7 days per week, the sign must say "Authorized Parking Only";
• Notice that violating the regulation subjects the violating vehicle to be immobilized at the vehicle owner's expense; and
• The name and telephone number of the company authorized to perform immobilization on the private property.

A company is prohibited from immobilizing a vehicle on private property unless:

A property owner with tenants must give each tenant adequate notice of parking regulations as outlined in the bill. A company may not immobilize a vehicle in a parking space or common parking area without the company or property owner giving 24 hours' written notice at least 24 hours before immobilizing the vehicle, unless the vehicle owner or operator has received 2 or more previous notices for parking inappropriately in the same manner. Standards are set for the notice.

If a vehicle parks 3 or more times in the same inappropriate manner, the company or property owner need not give the notice, but the company must place a notice on the immobilized vehicle that contains the phone number of the company, the normal operating hours of the company, and the phone number to contact the company outside of normal operating hours.

To immobilize a vehicle on private property normally used for parking, the following must be provided upon entering the private property:

Unless the immobilization is based on an order given by a peace officer, a company may not immobilize a vehicle on private property because the vehicle's registration has expired.

For a company to immobilize a vehicle, the property owner must have posted signage that meets the size, visibility, and placement standards of the bill and contains the following information:

A company may not patrol or monitor property to enforce parking restrictions on behalf of a property owner.

If a company has immobilized a vehicle on private property, the company must give a written notice of the person's ability to make a complaint to the commission in accordance with the standards of the bill.

A company must release a motor vehicle either within 120 minutes after being contacted outside the company's normal business hours or within 90 minutes during the company's normal business hours. A company must immediately release a vehicle without charge to a towing carrier when evidence is presented that the towing carrier has authorization to conduct a nonconsensual tow or law-enforcement-directed tow. A company must immediately release an immobilized vehicle if the person retrieving the vehicle pays at least 15% of the fees, not to exceed $60, and the person signs a form affirming that the authorized or interested person owes the company payment for the appropriate fees.

A company must charge a reduced release charge set by the commission and immediately release the vehicle if the vehicle is released after an employee of or agent of the company starts to immobilize the vehicle but before the agent or employee leaves the private property.

A company must retain evidence of giving the notices and disclosures required in the bill for 3 years and provide the evidence to the commission or an enforcement official upon request.

Generally, the bill does not apply to an immobilization ordered by a peace officer or technician directed by a peace officer, an immobilization in a parking space that serves a business if the parking space is on commercial real estate, or an immobilization ordered by a municipality, county, or city and county.

A violation of the bill is generally a deceptive trade practice and is subject to enforcement by the attorney general's office or a district attorney.

• Page 4, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 4, Line 2SECTION 1.  Legislative declaration. (1)  The general assembly finds that:

• Page 4, Line 3(a)  Fair and just enforcement of parking regulations is an essential

• Page 4, Line 4component of maintaining the order and integrity of public spaces and

• Page 5, Line 1residential communities, fostering a sense of responsibility and respect among all community members;

• Page 5, Line 2(b)  Vehicle immobilization practices, when improperly applied or

• Page 5, Line 3enforced, can create undue burdens on consumers, particularly those who may face financial or personal challenges;

• Page 5, Line 4(c)  Improper immobilization can undermine public trust in the

• Page 5, Line 5system and, at times, may result in the disproportionate penalization of individuals for minor or unintentional infractions;

• Page 5, Line 6(d)  Vehicle immobilization practices and related fees

• Page 5, Line 7disproportionately affect low-income individuals and marginalized

• Page 5, Line 8communities, exacerbating existing social and economic disparities, and

• Page 5, Line 9in these instances, individuals often lack access to legal recourse, and the

• Page 5, Line 10resulting financial strain may hinder their ability to secure basic necessities, such as housing, healthcare, or transportation;

• Page 5, Line 11(e)  Clear and transparent communication regarding parking

• Page 5, Line 12regulations, including proper signs and timely notices, is crucial to

• Page 5, Line 13ensuring that consumers are fully informed of their rights and

• Page 5, Line 14responsibilities and are given reasonable opportunities to rectify minor violations without the threat of excessive penalties or hardship;

• Page 5, Line 15(f)  The state must ensure that vehicle immobilization practices are

• Page 5, Line 16carried out in a manner that upholds the dignity of all individuals, protects

• Page 5, Line 17consumers from unnecessary financial strain, and promotes fairness by

• Page 5, Line 18providing avenues for dispute resolution and mitigation of penalties where appropriate;

• Page 5, Line 19(g)  Vehicle immobilization companies and property owners must

• Page 5, Line 20be held accountable to the highest ethical standards, with a commitment

• Page 5, Line 21to transparency, honesty, and fairness in the provision of services. This

• Page 6, Line 1includes clear, itemized billing, proper safeguards to prevent abuse, and

• Page 6, Line 2accountability for any damages or mistakes that may arise from the immobilization process.

• Page 6, Line 3(h)  A fair and just system for addressing vehicle immobilization

• Page 6, Line 4disputes is integral to maintaining public confidence in the regulatory

• Page 6, Line 5framework. Consumers must have access to effective mechanisms for

• Page 6, Line 6challenging fees, seeking timely release of immobilized vehicles, and receiving a fair hearing for their cases.

• Page 6, Line 7(i)  Vehicle immobilization should not be a mechanism for unjustly

• Page 6, Line 8enriching private companies or imposing financial hardship on vulnerable

• Page 6, Line 9individuals. Kickbacks, improper financial incentives, or the pursuit of

• Page 6, Line 10unfair profits at the expense of consumers undermine the integrity of the system and erode public trust.

• Page 6, Line 11(j)  This legislation is intended to create a fair, transparent, and

• Page 6, Line 12equitable framework for vehicle immobilization that balances the need for

• Page 6, Line 13effective enforcement with the protection of consumers' rights, ensuring

• Page 6, Line 14that no person is unfairly penalized or unduly burdened by the system; and

• Page 6, Line 15(k)  By establishing clear guidelines for vehicle immobilization,

• Page 6, Line 16providing transparency, and offering opportunities for consumers to

• Page 6, Line 17address minor infractions in a reasonable and timely manner, this

• Page 6, Line 18legislation promotes the values of fairness and justice, strengthening the

• Page 6, Line 19trust between the public and those entrusted with enforcement responsibilities.

• Page 6, Line 20(2)  Therefore, the general assembly declares that:

• Page 6, Line 21(a)  Ensuring the fair and just implementation of vehicle

• Page 6, Line 22immobilization practices is a matter of paramount importance to the

• Page 7, Line 1well-being of Colorado's communities, and enacts this legislation to

• Page 7, Line 2promote equity, transparency, and accountability in the enforcement of parking regulations; and

• Page 7, Line 3(b)  Fairness, accountability, and ethical conduct must guide every aspect of the enforcement process.

• Page 7, Line 4SECTION 2.  In Colorado Revised Statutes, 40-10.1-101, amend (10), (11), (14), and (22); and add (8.5) as follows:

• Page 7, Line 540-10.1-101.  Definitions. As used in this article 10.1, unless the context otherwise requires:

• Page 7, Line 6(8.5)  "Immobilize", "immobilization", or "immobilizing"

• Page 7, Line 7means the application without the consent of an authorized or

• Page 7, Line 8interested person of a device intended to prevent the normal operation of a motor vehicle.

• Page 7, Line 9(10) (a)  "Motor carrier" means:

• Page 7, Line 10(I)  any A person owning, controlling, operating, or managing a

• Page 7, Line 11motor vehicle that provides transportation in intrastate commerce pursuant to this article article 10.1; or

• Page 7, Line 12(II)  A vehicle immobilization company.

• Page 7, Line 13(b)  except that the term "Motor carrier" does not include a

• Page 7, Line 14transportation network company, as defined in section 40-10.1-602 (3),

• Page 7, Line 15or a transportation network company driver, as defined in section 40-10.1-602 (4).

• Page 7, Line 16(11)  "Motor vehicle" or "vehicle" means any automobile, truck,

• Page 7, Line 17tractor, motor bus, or other self-propelled vehicle or any a trailer designed to be drawn thereby by a self-propelled vehicle.

• Page 7, Line 18(14)  "Permit" means the permit issued to a contract carrier under

• Page 7, Line 19part 2 of this article 10.1, or to a motor carrier under part 3, 4, 5, or 7 of

• Page 8, Line 1this article 10.1, or to a vehicle immobilization company under part 8 of this article 10.1.

• Page 8, Line 2(22) (a)  "Vehicle booting immobilization company" means a

• Page 8, Line 3private corporation, partnership, or sole proprietor in the business of

• Page 8, Line 4immobilizing a motor vehicle through use of a boot person that immobilizes a motor vehicle of another person.

• Page 8, Line 5(b)  "Vehicle immobilization company" does not include a

• Page 8, Line 6municipality, a county, a city and county, or other political subdivision of the state.

• Page 8, Line 7SECTION 3.  In Colorado Revised Statutes, amend part 8 of article 10.1 of title 40 as follows:

• Page 8, Line 840-10.1-801.  Permit requirements - fund. (1) (a)  Effective

• Page 8, Line 9January 1, 2020, A person shall not operate or offer to operate as a

• Page 8, Line 10vehicle booting immobilization company in intrastate commerce without

• Page 8, Line 11first having obtained a permit from the commission in accordance with this article 10.1.

• Page 8, Line 12(b)  A person may apply for a permit under this part 8 to the

• Page 8, Line 13commission in the form and with the information as the commission requires. Permits are valid for one year after the date of issuance.

• Page 8, Line 14(2) (a) (I)  The commission may deny an application for or

• Page 8, Line 15suspend, revoke, or refuse to renew a permit issued under this part

• Page 8, Line 168 of a person who has, within the immediately preceding five years, been

• Page 8, Line 17convicted of, or pled guilty to, or pled nolo contendere to a felony or

• Page 8, Line 18immobilization-related offense. The commission may also deny an

• Page 8, Line 19application under this part 8 for or suspend, revoke, or refuse to renew

• Page 8, Line 20the a permit of a vehicle booting immobilization company based upon

• Page 8, Line 21a determination that the vehicle booting immobilization company or any

• Page 9, Line 1of its owners, principals, officers, members, partners, or directors has not

• Page 9, Line 2satisfied a civil penalty arising out of any an administrative or enforcement action brought by the commission.

• Page 9, Line 3(II)  A vehicle immobilization company that applies for a

• Page 9, Line 4permit or that applies to renew a permit shall disclose to the

• Page 9, Line 5commission each person that is an owner of, principal of, officer

• Page 9, Line 6of, member of, partner of, or director of the vehicle

• Page 9, Line 7immobilization company in accordance with rules adopted by the commission.

• Page 9, Line 8(b)  The commission may deny an application for or suspend,

• Page 9, Line 9revoke, or refuse to renew a permit of a vehicle immobilization

• Page 9, Line 10company based on a determination that it is not in the public

• Page 9, Line 11interest for the vehicle immobilization company to possess a

• Page 9, Line 12permit. The determination is subject to appeal in accordance

• Page 9, Line 13with commission rules. A vehicle immobilization company's

• Page 9, Line 14possession of a permit is rebuttably presumed to be not in the

• Page 9, Line 15public interest if the vehicle immobilization company has willfully and repeatedly failed to comply with this article 10.1.

• Page 9, Line 16(3) (a)  Except as otherwise provided in subsection (2) of this

• Page 9, Line 17section and section 40-10.1-112 (4), the commission shall issue a permit

• Page 9, Line 18to a vehicle booting immobilization company upon completion of the

• Page 9, Line 19application and the filing of proof of workers' compensation insurance

• Page 9, Line 20coverage in accordance with the "Workers' Compensation Act of

• Page 9, Line 21Colorado", articles 40 to 47 of title 8, and with the financial responsibility

• Page 9, Line 22requirements of this title 40 and may attach to the permit and to the

• Page 9, Line 23exercise of the rights granted by the permit any restrictions, terms, and

• Page 9, Line 24conditions, including altering the rates and charges of the applicant, as are

• Page 10, Line 1reasonably deemed necessary for the protection of the property of the public.

• Page 10, Line 2(b)  If a vehicle booting immobilization company violates this

• Page 10, Line 3article 10.1, any other applicable provision of law, or any a commission

• Page 10, Line 4rule adopted or commission order of the commission issued under this

• Page 10, Line 5article 10.1 and as a result is ordered by a court or by the commission to

• Page 10, Line 6pay a fine or civil penalty that the vehicle booting immobilization

• Page 10, Line 7company subsequently fails to pay in full within the time prescribed for

• Page 10, Line 8payment, and not before the decision imposing the fine or civil penalty becomes a final decision by the commission, then:

• Page 10, Line 9(I)  The vehicle booting immobilization company's permit is revoked; immediately; and

• Page 10, Line 10(II)  The vehicle booting immobilization company, its owners,

• Page 10, Line 11principals, officers, members, partners, and directors, and any other entity

• Page 10, Line 12owned or operated by one or more of those owners, principals, officers,

• Page 10, Line 13members, partners, or directors, may be disqualified from obtaining or

• Page 10, Line 14renewing any operating authority under this title 40 for a period of five

• Page 10, Line 15years after the date on which the fine or civil penalty was due. The period

• Page 10, Line 16of disqualification pursuant to described in this subsection (3)(b)(II) is

• Page 10, Line 17in addition to, and not in lieu of, and does not affect any other penalty or

• Page 10, Line 18period of disqualification, including the period of disqualification specified in section 40-10.1-112 (4).

• Page 10, Line 19(c)  A vehicle booting immobilization company's facilities and

• Page 10, Line 20vehicles are subject to inspection by the commission and by authorized

• Page 10, Line 21personnel of the Colorado state patrol, which agency shall promptly

• Page 10, Line 22report to the commission concerning any violations revealed by an

• Page 10, Line 23inspection.

• Page 11, Line 1(4)  The commission may promulgate rules as necessary and

• Page 11, Line 2reasonable to implement this part 8, including rules regarding signage and drop fees.

• Page 11, Line 3(5)  There is hereby created in the state treasury the vehicle booting

• Page 11, Line 4cash fund, referred to in this section subsection (5) as the "fund",

• Page 11, Line 5consisting of any fee revenue collected by the commission pursuant to

• Page 11, Line 6this part 8 and transmitted to the state treasurer for credit credited by

• Page 11, Line 7the state treasurer into the fund and any other money that the general

• Page 11, Line 8assembly may appropriate or transfer to the fund. The money in the fund

• Page 11, Line 9is continuously appropriated to the commission for its implementation of

• Page 11, Line 10this part 8. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

• Page 11, Line 1140-10.1-802.   Vehicle immobilization company document

• Page 11, Line 12vehicle's condition and reason for immobilization - adequate

• Page 11, Line 13illumination. (1)  Before a vehicle immobilization company

• Page 11, Line 14immobilizes a vehicle, the company shall document the vehicle's condition and the reason for the immobilization by:

• Page 11, Line 15(a)  Taking at least four photographs of the vehicle, with

• Page 11, Line 16at least one photograph taken from the front, one photograph

• Page 11, Line 17taken from the rear, one photograph taken from the driver's

• Page 11, Line 18side, and one photograph taken from the passenger's side. These photographs must:

• Page 11, Line 19(I)  Show the entire vehicle from the required angle;

• Page 11, Line 20(II)  Have the vehicle fill at least three-fourths of the photograph, measured from side to side; and

• Page 11, Line 21(III)  Be rendered in a resolution of at least two thousand

• Page 11, Line 22pixels by at least two thousand pixels; and

• Page 12, Line 1(b)  Taking a photograph that shows the reason for the vehicle being immobilized. The photograph must:

• Page 12, Line 2(I)  Show the position of the vehicle in relation to the reason, including any sign, that the vehicle was immobilized; and

• Page 12, Line 3(II)  Be rendered in a resolution of at least two thousand pixels by at least two thousand pixels.

• Page 12, Line 4(2) (a)  Upon demand by an authorized or interested person,

• Page 12, Line 5the vehicle immobilization company shall provide copies of the

• Page 12, Line 6photographs required to be taken by subsection (1) of this section to the authorized or interested person.

• Page 12, Line 7(b) (I)  A rebuttable presumption that a vehicle

• Page 12, Line 8immobilization company damaged a vehicle is created by evidence that:

• Page 12, Line 9(A)  The vehicle immobilization company has failed to

• Page 12, Line 10produce photographs of the vehicle's condition in compliance with subsection (2)(a) of this section; and

• Page 12, Line 11(B)  The vehicle has suffered damage.

• Page 12, Line 12(II)  A vehicle immobilization company's failure to produce

• Page 12, Line 13a photograph of the reason for the immobilization in compliance

• Page 12, Line 14with subsection (2)(a) of this section creates a rebuttable

• Page 12, Line 15presumption that the vehicle immobilization company did not have authorization to immobilize a vehicle.

• Page 12, Line 16(c)  When an immobilization device is being removed from

• Page 12, Line 17a vehicle, a vehicle immobilization company shall provide

• Page 12, Line 18lighting that is adequate to allow a person to inspect the

• Page 12, Line 19vehicle for damage prior to the immobilization device being

• Page 12, Line 20removed.

• Page 13, Line 140-10.1-803.  Vehicle immobilization company must display

• Page 13, Line 2name. (1) (a)  A vehicle immobilization company shall display the

• Page 13, Line 3name of the company, the permit number, and a phone number of the company on each company vehicle used in immobilization.

• Page 13, Line 4(b)  The display required in subsection (1)(a) of this section must be displayed:

• Page 13, Line 5(I)  On each side of the company vehicle in plain view; and

• Page 13, Line 6(II)  When immobilizing a vehicle, driving to immobilize a

• Page 13, Line 7vehicle, or driving from immobilizing a vehicle, but the display need not be permanently affixed to the company vehicle.

• Page 13, Line 8(c)  The lettering on the display required in subsection (1)(a) of this section must be:

• Page 13, Line 9(I)  Legible during daylight hours from a minimum distance of fifty feet; and

• Page 13, Line 10(II)  At least three inches tall.

• Page 13, Line 11(2)  The representative of a vehicle immobilization

• Page 13, Line 12company shall have business identification visibly worn at all times while immobilizing a vehicle or accepting payment.

• Page 13, Line 1340-10.1-804.  Immobilization - multiple devices.If a vehicle

• Page 13, Line 14has been immobilized by a vehicle immobilization company,

• Page 13, Line 15another vehicle immobilization company shall not immobilize

• Page 13, Line 16the vehicle until the first immobilization device has been

• Page 13, Line 17removed. If a vehicle immobilization company applies more than

• Page 13, Line 18one immobilization device to a vehicle, the company shall not

• Page 13, Line 19charge more than once for the removal of all the immobilization devices.

• Page 13, Line 2040-10.1-805.  Immobilization requirements and limitations -

• Page 14, Line 1notice to vehicle owner or operator required. (1) (a)  A vehicle

• Page 14, Line 2immobilization company shall not immobilize a vehicle on private property unless:

• Page 14, Line 3(I)  The immobilization is expressly ordered or authorized

• Page 14, Line 4by a court order, an administrative order, or a peace officer or by operation of law; or

• Page 14, Line 5(II)  The vehicle immobilization company has received

• Page 14, Line 6documented permission, which must not be automated or

• Page 14, Line 7preapproved, for each individual immobilization, within the

• Page 14, Line 8twenty-four hours immediately preceding the immobilization,

• Page 14, Line 9from the following person that must document the permission by

• Page 14, Line 10signing the form created in accordance with subsection (1)(b)(I) of this section:

• Page 14, Line 11(A)  The owner of or leaseholder of the private property;

• Page 14, Line 12except that, if the owner or leaseholder would earn income

• Page 14, Line 13from the immobilization, the vehicle immobilization company

• Page 14, Line 14shall not perform the immobilization but may authorize another vehicle immobilization company to perform the immobilization;

• Page 14, Line 15(B)  A person subject to the "Colorado Common Interest

• Page 14, Line 16Ownership Act", article 33.3 of title 38, if the private property

• Page 14, Line 17is located within the boundaries of the person's area of operation; or

• Page 14, Line 18(C)  An employee of a person described in subsection

• Page 14, Line 19(1)(a)(II)(A) or (1)(a)(II)(B) of this section or an employee of a

• Page 14, Line 20property management company retained to collect rent and

• Page 14, Line 21perform residential services; except that the employee who has

• Page 14, Line 22a financial interest in or relationship with the vehicle

• Page 15, Line 1immobilization company or a parking lot management company

• Page 15, Line 2that earns income from managing or controlling parking or

• Page 15, Line 3permission to park or that earns income from immobilizations shall not grant permission to authorize the immobilization.

• Page 15, Line 4(b) (I)  The commission shall create a form that implements subsection (1)(a)(II) of this section.

• Page 15, Line 5(II)  The vehicle immobilization company must retain for

• Page 15, Line 6three years after the immobilization the signed form required by

• Page 15, Line 7subsection (1)(a)(II) of this section and, upon request, provide the signed form to the authorized or interested person.

• Page 15, Line 8(2)  A property owner with tenants shall issue each tenant

• Page 15, Line 9a written document containing any applicable parking

• Page 15, Line 10regulations before the regulations are adopted or amended or before the person agrees to be a tenant.

• Page 15, Line 11(3) (a)  Except as provided in subsection (3)(d) of this

• Page 15, Line 12section, a vehicle immobilization company shall not immobilize

• Page 15, Line 13a vehicle in a parking space or common parking area without the

• Page 15, Line 14vehicle immobilization company or property owner giving the

• Page 15, Line 15vehicle owner or operator twenty-four hours' written notice,

• Page 15, Line 16unless the vehicle owner or operator has received two previous notices for parking inappropriately in the same manner.

• Page 15, Line 17(b)  The vehicle immobilization company or property owner

• Page 15, Line 18shall provide the notice required in subsection (3)(a) of this

• Page 15, Line 19section by placing a written notice on the windshield of the

• Page 15, Line 20vehicle at least twenty-four hours before immobilizing the vehicle.

• Page 15, Line 21(c)  The notice required in subsection (3)(a) of this section must state clearly:

• Page 16, Line 1(I)  That the vehicle will be immobilized if the vehicle remains parked inappropriately;

• Page 16, Line 2(II)  A description of the inappropriate parking that has caused the notice to be given;

• Page 16, Line 3(III)  The date and time the vehicle will be immobilized if it

• Page 16, Line 4is not moved to appropriate parking or the inappropriate parking has not been corrected; and

• Page 16, Line 5(IV)  That continuing to park inappropriately in the same

• Page 16, Line 6manner may lead to the vehicle being immobilized without notice.

• Page 16, Line 7(d)  If a vehicle is parked a third or subsequent time in the

• Page 16, Line 8same inappropriate manner that caused it to receive previous

• Page 16, Line 9notices, the vehicle immobilization company or property owner

• Page 16, Line 10need not give the notice required in subsection (3)(a) of this

• Page 16, Line 11section before immobilizing the vehicle, but the vehicle

• Page 16, Line 12immobilization company must place a notice on the immobilized

• Page 16, Line 13vehicle that contains the phone number of the company, the

• Page 16, Line 14normal operating hours of the company, and the phone number to contact the company outside of normal operating hours.

• Page 16, Line 15(e)  For purposes of this subsection (3), a vehicle is parked inappropriately when it is parked in a manner that:

• Page 16, Line 16(I)  Violates the procedures necessary to obtain authorization to park in the lot or space;

• Page 16, Line 17(II)  Fails to comply with the property owner's signs or the agreements of the tenants; or

• Page 16, Line 18(III)  Violates a statute, rule, ordinance, or resolution of the state or a political subdivision of the state.

• Page 17, Line 1(4) (a)  A vehicle immobilization company shall not

• Page 17, Line 2immobilize a vehicle on private property normally used for parking unless:

• Page 17, Line 3(I)  Notice of the parking regulations was provided to the

• Page 17, Line 4vehicle operator upon entering the private property and parking the vehicle; and

• Page 17, Line 5(II)  Notice that a vehicle parked in violation of the

• Page 17, Line 6regulations is subject to immobilization at the vehicle owner's

• Page 17, Line 7expense was provided to the vehicle operator upon entering the private property and parking the vehicle.

• Page 17, Line 8(b)  A property owner with tenants shall provide the

• Page 17, Line 9notice described in this subsection (4) by issuing each tenant a

• Page 17, Line 10written document containing the applicable parking regulations

• Page 17, Line 11before the regulations are adopted or amended or before the person agrees to be a tenant.

• Page 17, Line 12(5)  Unless the immobilization is based on an order given by

• Page 17, Line 13a peace officer, a vehicle immobilization company shall not

• Page 17, Line 14immobilize a vehicle on private property because the rear license

• Page 17, Line 15plate of the vehicle or the record obtained using the system

• Page 17, Line 16described in section 42-4-2103 (3)(c)(III) indicates that the vehicle's registration has expired.

• Page 17, Line 1740-10.1-806.  Signage required to immobilize a vehicle. (1)  In

• Page 17, Line 18order for a vehicle immobilization company to immobilize a vehicle, the property owner must have posted signage that:

• Page 17, Line 19(a)  Is not less than two square feet in size;

• Page 17, Line 20(b)  Has lettering not less than one inch in height;

• Page 18, Line 1(c)  Has lettering that contrasts sharply in color with the

• Page 18, Line 2background on which the letters are placed and contrasts sharply with the structure the signs are placed on;

• Page 18, Line 3(d)  Contains the following information in the order listed below:

• Page 18, Line 4(I)  The restriction or prohibition on parking;

• Page 18, Line 5(II)  The times of the day and days that the restriction is

• Page 18, Line 6applicable, but, if the restriction applies twenty-four hours per

• Page 18, Line 7day, seven days per week, the sign must say "Authorized Parking Only";

• Page 18, Line 8(III)  Notice that violating the regulation subjects the

• Page 18, Line 9violating vehicle to be immobilized at the vehicle owner's expense; and

• Page 18, Line 10(IV)  The name and telephone number of the vehicle

• Page 18, Line 11immobilization company authorized to perform immobilizations on the private property;

• Page 18, Line 12(e)  Is printed in English and Spanish;

• (f)  Is permanently mounted both:

• Page 18, Line 13(I)  At each entrance to the private property so that the

• Page 18, Line 14sign faces outward toward the street and is visible before and upon entering the private property; and

• Page 18, Line 15(II)  Inside the private property so that the sign faces outward toward the parking area;

• Page 18, Line 16(g)  Is not obstructed from view or placed in a manner that prevents direct visibility;

• Page 18, Line 17(h)  Is not placed higher than ten feet or lower than three

• Page 18, Line 18feet from the surface closest to the sign's placement;

• Page 19, Line 1(i)  Has the same number of signs as the number of

• Page 19, Line 2lampposts if the parking area has more than ten freestanding lampposts on the property, and:

• Page 19, Line 3(I)  A sign is posted on each lamppost; or

• Page 19, Line 4(II)  A sign is posted upright in conspicuous locations evenly distributed across the parking area.

• Page 19, Line 5(2)  The signage required by this section may be combined with the signage required in section 40-10.1-405.

• Page 19, Line 640-10.1-807.  Patrolling prohibited.A vehicle immobilization

• Page 19, Line 7company shall not patrol or monitor property to enforce parking restrictions on behalf of a property owner.

• Page 19, Line 840-10.1-808.  Insurance must be provided.In connection with

• Page 19, Line 9an immobilization, a vehicle immobilization company shall

• Page 19, Line 10provide, upon request, evidence of the vehicle immobilization

• Page 19, Line 11company's commercial liability insurance coverage, including

• Page 19, Line 12motor vehicle liability coverage, to an authorized or interested person.

• Page 19, Line 1340-10.1-809.  Payment requirements - itemized bills. (1) (a)  A

• Page 19, Line 14vehicle immobilization company shall immediately accept

• Page 19, Line 15payment if offered in cash or by valid major credit card. Upon

• Page 19, Line 16payment, the vehicle immobilization company shall release the vehicle to an authorized or interested person.

• Page 19, Line 17(b)  Upon request, a vehicle immobilization company shall

• Page 19, Line 18disclose accepted forms of payment, including those forms

• Page 19, Line 19required to be accepted in accordance with subsection (1)(a) of this section.

• Page 19, Line 20(2)  A vehicle immobilization company shall provide to an

• Page 20, Line 1authorized or interested person an itemized bill showing each

• Page 20, Line 2charge and the rate for each fee incurred as a result of an immobilization and any fee that caused the immobilization.

• Page 20, Line 340-10.1-810.  Release requirements - notice - private property

• Page 20, Line 4- release for nonconsensual tow. (1)  If a vehicle immobilization

• Page 20, Line 5company has immobilized a vehicle on private property, the

• Page 20, Line 6vehicle immobilization company shall give the authorized or

• Page 20, Line 7interested person that is having the vehicle released a written

• Page 20, Line 8notice of the person's ability to make a complaint to the commission. The notice:

• Page 20, Line 9(a)  Must be written in a conspicuous typeface and font on the invoice, receipt, and bill for releasing the vehicle; and

• Page 20, Line 10(b)  Must not be in a typeface or font that is smaller than

• Page 20, Line 11the other numbers or words on the invoice, receipt, or bill, as applicable.

• Page 20, Line 12(2)  A vehicle immobilization company shall release the motor vehicle to an authorized or interested person either:

• Page 20, Line 13(a)  Within one hundred twenty minutes after being

• Page 20, Line 14contacted by the authorized or interested person outside of the vehicle immobilization company's normal business hours; or

• Page 20, Line 15(b)  Within ninety minutes after being contacted by the

• Page 20, Line 16authorized or interested person during the vehicle immobilization company's normal business hours.

• Page 20, Line 17(3)  A vehicle immobilization company shall immediately

• Page 20, Line 18release a vehicle and remove the immobilization device without

• Page 20, Line 19charge to a towing carrier when evidence is presented that the

• Page 20, Line 20towing carrier has authorization to conduct a nonconsensual tow or law-enforcement-directed tow.

• Page 21, Line 140-10.1-811.  Partial-payment release - partial charge - form

• Page 21, Line 2required. (1) (a)  A vehicle immobilization company shall immediately release an immobilized vehicle if:

• Page 21, Line 3(I)  The authorized or interested person pays at least

• Page 21, Line 4fifteen percent of the fees, not to exceed sixty dollars, owed the vehicle immobilization company for the immobilization;

• Page 21, Line 5(II)  The authorized or interested person is not a lienholder or insurance company; and

• Page 21, Line 6(III)  The authorized or interested person complies with subsection (1)(b) of this section.

• Page 21, Line 7(b) (I)  For an authorized or interested person to retrieve

• Page 21, Line 8a vehicle without paying the vehicle immobilization company the

• Page 21, Line 9total amount owed to the company, the authorized or

• Page 21, Line 10interested person must sign a form affirming that the

• Page 21, Line 11authorized or interested person owes the company payment for

• Page 21, Line 12fees that comply with this article 10.1 or article 20 of title 38.

• Page 21, Line 13Knowingly providing false information on the form is unlawful.

• Page 21, Line 14Signing the form does not prohibit an authorized or interested

• Page 21, Line 15person from filing a complaint with the commission or pursuing

• Page 21, Line 16other remedies. The vehicle immobilization company may use the

• Page 21, Line 17form to take reasonable actions to collect the debt.

• Page 21, Line 18Reasonable actions include initiating a court action or using a collection agency.

• Page 21, Line 19(II)  The commission shall:

• (A)  Create the form;

• Page 21, Line 20(B)  Title the form: "Immobilized Vehicle Release Notice with Payment Owed"; and

• Page 22, Line 1(C)  Provide the form on the commission's website for vehicle immobilization companies to retrieve and use.

• Page 22, Line 2(c)  To release a vehicle in accordance with subsection

• Page 22, Line 3(1)(a) of this section, a vehicle immobilization company shall not

• Page 22, Line 4require a person to undergo an approval process, other than

• Page 22, Line 5signing the form created pursuant to subsection (1)(b) of this section.

• Page 22, Line 6(2) (a)  A vehicle immobilization company shall charge a

• Page 22, Line 7reduced release charge in an amount set by the commission to

• Page 22, Line 8release a vehicle if the vehicle is released after an employee of

• Page 22, Line 9or agent of the vehicle immobilization company starts to

• Page 22, Line 10immobilize the vehicle but before the agent or employee leaves the private property.

• Page 22, Line 11(b)  If approached by an authorized or interested person

• Page 22, Line 12before the vehicle is immobilized on private property, the vehicle

• Page 22, Line 13immobilization company shall notify the authorized or

• Page 22, Line 14interested person that the company is required to release the

• Page 22, Line 15vehicle upon request of the authorized or interested person and

• Page 22, Line 16payment of the charge described in subsection (2)(a) of this section.

• Page 22, Line 17(c)  Upon request by the authorized or interested person

• Page 22, Line 18and payment of the charge described in subsection (2)(a) of this

• Page 22, Line 19section, the vehicle immobilization company shall immediately stop an immobilization in progress on private property.

• Page 22, Line 2040-10.1-812.  Records.A vehicle immobilization company

• Page 22, Line 21shall retain evidence, including photographs of the relevant

• Page 23, Line 1signs and of the vehicle, of giving the notices and disclosures

• Page 23, Line 2required in sections 40-10.1-802, 40-10.1-805, and 40-10.1-806 for

• Page 23, Line 3three years after the date of completion of an immobilization

• Page 23, Line 4and provide the evidence to the commission or an enforcement official upon request.

• Page 23, Line 540-10.1-813.  Applicability - exceptions. (1)  Sections 40-10.1-802 to 40-10.1-812 do not apply to:

• Page 23, Line 6(a)  An immobilization ordered by a peace officer or

• Page 23, Line 7technician directed by a peace officer in the course and scope of the officer's or technician's duties;

• Page 23, Line 8(b)  An immobilization in a parking space that serves a

• Page 23, Line 9business if the parking space is on commercial real estate, as defined in section 38-22.5-102 (2); or

• Page 23, Line 10(c)  An immobilization ordered by a municipality, a county,

• Page 23, Line 11or a city and county or performed by an agent of or employee of a municipality, a county, or a city and county.

• Page 23, Line 1240-10.1-814.  Kickbacks prohibited.A vehicle immobilization

• Page 23, Line 13company shall not pay money or provide other valuable consideration for the privilege of immobilizing vehicles.

• Page 23, Line 1440-10.1-815.  Rules.The commission may adopt rules as necessary and reasonable to implement this part 8.

• Page 23, Line 1540-10.1-816.  Violators subject to penalties.An immobilization

• Page 23, Line 16in violation of sections 40-10.1-802 to 40-10.1-812 or section

• Page 23, Line 1740-10.1-814 by a vehicle immobilization company is a deceptive

• Page 23, Line 18trade practice under section 6-1-105 (1)(iiii) and is subject to

• Page 23, Line 19enforcement by the attorney general's office or a district

• Page 23, Line 20attorney or enforcement.

• Page 24, Line 1SECTION 4.  In Colorado Revised Statutes, 6-1-105, add (1)(iiii) as follows:

• Page 24, Line 26-1-105.  Unfair or deceptive trade practices - definitions.

• Page 24, Line 3(1)  A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:

• Page 24, Line 4(iiii)  Is a vehicle immobilization company and immobilizes

• Page 24, Line 5a vehicle in violation of sections 40-10.1-802 to 40-10.1-812 or section 40-10.1-814.

• Page 24, Line 6SECTION 5.  Applicability. This act applies to violations committed on or after the effective date of this act.

• Page 24, Line 7SECTION 6.  Safety clause. The general assembly finds,

• Page 24, Line 8determines, and declares that this act is necessary for the immediate

• Page 24, Line 9preservation of the public peace, health, or safety or for appropriations for

• Page 24, Line 10the support and maintenance of the departments of the state and state institutions.