First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0415.01 Jery Payne x2157
HOUSE BILL25-1117
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING THE REGULATION OF VEHICLE IMMOBILIZATION101
COMPANIES.102
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
HOUSE SPONSORSHIP
Joseph and Boesenecker,
SENATE SPONSORSHIP
Gonzales J. and Weissman,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. 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;
HB25-1117
-2- and
! A company may not pay money or provide other valuable
consideration for the privilege of immobilizing vehicles.
A company is prohibited from immobilizing a vehicle on private
property unless:
! 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.
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:
! Notice of the parking regulations; and
! Notice that a violation of the regulations subjects the
vehicle to immobilization at the vehicle owner's expense.
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:
! 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
HB25-1117
-3- ! The name and telephone number of the company
authorized to perform immobilization on the private
property.
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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) Fair and just enforcement of parking regulations is an essential4
component of maintaining the order and integrity of public spaces and5
HB25-1117-4- residential communities, fostering a sense of responsibility and respect1
among all community members;2
(b) Vehicle immobilization practices, when improperly applied or3
enforced, can create undue burdens on consumers, particularly those who4
may face financial or personal challenges; 5
(c) Improper immobilization can undermine public trust in the6
system and, at times, may result in the disproportionate penalization of7
individuals for minor or unintentional infractions;8
(d) Vehicle immobilization practices and related fees9
disproportionately affect low-income individuals and marginalized10
communities, exacerbating existing social and economic disparities, and11
in these instances, individuals often lack access to legal recourse, and the12
resulting financial strain may hinder their ability to secure basic13
necessities, such as housing, healthcare, or transportation;14
(e) Clear and transparent communication regarding parking15
regulations, including proper signs and timely notices, is crucial to16
ensuring that consumers are fully informed of their rights and17
responsibilities and are given reasonable opportunities to rectify minor18
violations without the threat of excessive penalties or hardship;19
(f) The state must ensure that vehicle immobilization practices are20
carried out in a manner that upholds the dignity of all individuals, protects21
consumers from unnecessary financial strain, and promotes fairness by22
providing avenues for dispute resolution and mitigation of penalties23
where appropriate;24
(g) Vehicle immobilization companies and property owners must25
be held accountable to the highest ethical standards, with a commitment26
to transparency, honesty, and fairness in the provision of services. This27
HB25-1117
-5- includes clear, itemized billing, proper safeguards to prevent abuse, and1
accountability for any damages or mistakes that may arise from the2
immobilization process.3
(h) A fair and just system for addressing vehicle immobilization4
disputes is integral to maintaining public confidence in the regulatory5
framework. Consumers must have access to effective mechanisms for6
challenging fees, seeking timely release of immobilized vehicles, and7
receiving a fair hearing for their cases.8
(i) Vehicle immobilization should not be a mechanism for unjustly9
enriching private companies or imposing financial hardship on vulnerable10
individuals. Kickbacks, improper financial incentives, or the pursuit of11
unfair profits at the expense of consumers undermine the integrity of the12
system and erode public trust.13
(j) This legislation is intended to create a fair, transparent, and14
equitable framework for vehicle immobilization that balances the need for15
effective enforcement with the protection of consumers' rights, ensuring16
that no person is unfairly penalized or unduly burdened by the system;17
and 18
(k) By establishing clear guidelines for vehicle immobilization,19
providing transparency, and offering opportunities for consumers to20
address minor infractions in a reasonable and timely manner, this21
legislation promotes the values of fairness and justice, strengthening the22
trust between the public and those entrusted with enforcement23
responsibilities.24
(2) Therefore, the general assembly declares that:25
(a) Ensuring the fair and just implementation of vehicle26
immobilization practices is a matter of paramount importance to the27
HB25-1117
-6- well-being of Colorado's communities, and enacts this legislation to1
promote equity, transparency, and accountability in the enforcement of2
parking regulations; and3
(b) Fairness, accountability, and ethical conduct must guide every4
aspect of the enforcement process.5
SECTION 2. In Colorado Revised Statutes, 40-10.1-101, amend6
(10), (11), (14), and (22); and add (8.5) as follows:7
40-10.1-101. Definitions. As used in this article 10.1, unless the8
context otherwise requires:9
(8.5) "I
MMOBILIZE", "IMMOBILIZATION", OR "IMMOBILIZING"10
MEANS THE APPLICATION WITHOUT THE CONSENT OF AN AUTHORIZED OR11
INTERESTED PERSON OF A DEVICE INTENDED TO PREVENT THE NORMAL12
OPERATION OF A MOTOR VEHICLE .13
(10) (a) "Motor carrier" means:14
(I) any
A person owning, controlling, operating, or managing a15
motor vehicle that provides transportation in intrastate commerce16
pursuant to this article ARTICLE 10.1; OR17
(II) A
VEHICLE IMMOBILIZATION COMPANY .18
(b) except that the term
"MOTOR CARRIER" does not include a19
transportation network company, as defined in section 40-10.1-602 (3),20
or a transportation network company driver, as defined in section21
40-10.1-602 (4).22
(11) "Motor vehicle"
OR "VEHICLE" means any automobile, truck,23
tractor, motor bus, or other self-propelled vehicle or any
A trailer24
DESIGNED TO BE drawn thereby BY A SELF-PROPELLED VEHICLE.25
(14) "Permit" means the permit issued to a contract carrier under26
part 2 of this article 10.1, or to a motor carrier under part 3, 4, 5, or 7 of27
HB25-1117
-7- this article 10.1, OR TO A VEHICLE IMMOBILIZATION COMPANY UNDER PART1
8
OF THIS ARTICLE 10.1.2
(22) (a) "Vehicle booting
IMMOBILIZATION company" means a3
private corporation, partnership, or sole proprietor in the business of4
immobilizing a motor vehicle through use of a boot PERSON THAT5
IMMOBILIZES A MOTOR VEHICLE OF ANOTHER PERSON .6
(b) "V
EHICLE IMMOBILIZATION COMPANY " DOES NOT INCLUDE A7
MUNICIPALITY, A COUNTY, A CITY AND COUNTY, OR OTHER POLITICAL8
SUBDIVISION OF THE STATE.9
SECTION 3. In Colorado Revised Statutes, amend part 8 of10
article 10.1 of title 40 as follows:11
40-10.1-801. Permit requirements - fund. (1) (a) Effective
12
January 1, 2020, A person shall not operate or offer to operate as a13
vehicle booting IMMOBILIZATION company in intrastate commerce without14
first having obtained a permit from the commission in accordance with15
this article 10.1.16
(b) A person may apply for a permit under this part 8 to the17
commission in the form and with the information as the commission18
requires. Permits are valid for one year after the date of issuance. 19
(2) (a) (I) The commission may deny an application
FOR OR20
SUSPEND, REVOKE, OR REFUSE TO RENEW A PERMIT ISSUED under this part21
8 of a person who has, within the immediately preceding five years, been22
convicted of, or
pled guilty TO, or PLED nolo contendere to a felony OR23
IMMOBILIZATION-RELATED OFFENSE. The commission may also deny an24
application under this part 8 FOR OR SUSPEND, REVOKE, or refuse to renew25
the A permit of a vehicle booting IMMOBILIZATION company based upon26
a determination that the vehicle booting IMMOBILIZATION company or any27
HB25-1117
-8- of its owners, principals, officers, members, partners, or directors has not1
satisfied a civil penalty arising out of any AN administrative or2
enforcement action brought by the commission.3
(II) A
VEHICLE IMMOBILIZATION COMPANY THAT APPLIES FOR A4
PERMIT OR THAT APPLIES TO RENEW A PERMIT SHALL DISCLOSE TO THE5
COMMISSION EACH PERSON THAT IS AN OWNER OF , PRINCIPAL OF, OFFICER6
OF, MEMBER OF, PARTNER OF, OR DIRECTOR OF THE VEHICLE7
IMMOBILIZATION COMPANY IN ACCOR DANCE WITH RULES ADOPTED BY THE8
COMMISSION.9
(b) T
HE COMMISSION MAY DENY AN APPLICATION FOR OR SUSPEND ,10
REVOKE, OR REFUSE TO RENEW A PERMIT OF A VEHICLE IMMOBILIZATION11
COMPANY BASED ON A DETERMINATION THAT IT IS NOT IN THE PUBLIC12
INTEREST FOR THE VEHICLE IMMOBILIZATION COMPANY TO POSSESS A13
PERMIT. THE DETERMINATION IS SUBJECT TO APPEAL IN ACCORDANCE14
WITH COMMISSION RULES . A VEHICLE IMMOBILIZATION COMPANY 'S15
POSSESSION OF A PERMIT IS REBUTTABLY PRESUMED TO BE NOT IN THE16
PUBLIC INTEREST IF THE VEHICLE IMMOBILIZATION COMPANY HAS17
WILLFULLY AND REPEATEDLY FAILED TO COMPLY WITH THIS ARTICLE 10.1.18
(3) (a) Except as otherwise provided in subsection (2) of this19
section and section 40-10.1-112 (4), the commission shall issue a permit20
to a vehicle booting
IMMOBILIZATION company upon completion of the21
application and the filing of proof of workers' compensation insurance22
coverage in accordance with the "Workers' Compensation Act of23
Colorado", articles 40 to 47 of title 8, and with the financial responsibility24
requirements of this title 40 and may attach to the permit and to the25
exercise of the rights granted by the permit any restrictions, terms, and26
conditions, including altering the rates and charges of the applicant, as are27
HB25-1117
-9- reasonably deemed necessary for the protection of the property of the1
public.2
(b) If a vehicle booting IMMOBILIZATION company violates this3
article 10.1, any other applicable provision of law, or any A COMMISSION4
rule
ADOPTED or COMMISSION order of the commission
issued under this5
article 10.1 and as a result is ordered by a court or by the commission to6
pay a fine or civil penalty that the vehicle booting IMMOBILIZATION7
company subsequently fails to pay in full within the time prescribed for8
payment, and not before the decision imposing the fine or civil penalty9
becomes a final decision by the commission, then:10
(I) The vehicle booting IMMOBILIZATION company's permit is11
revoked; immediately; and12
(II) The vehicle booting IMMOBILIZATION company, its owners,13
principals, officers, members, partners, and directors, and any other entity14
owned or operated by one or more of those owners, principals, officers,15
members, partners, or directors, may be disqualified from obtaining or16
renewing any operating authority under this title 40 for a period of five17
years after the date on which the fine or civil penalty was due. The period18
of disqualification pursuant to DESCRIBED IN this subsection (3)(b)(II) is19
in addition to, and not in lieu of, and does not affect any other penalty or20
period of disqualification, including the period of disqualification21
specified in section 40-10.1-112 (4).22
(c) A vehicle booting IMMOBILIZATION company's facilities and23
vehicles are subject to inspection by the commission and by authorized24
personnel of the Colorado state patrol, which agency shall promptly25
report to the commission concerning any violations revealed by an26
inspection.27
HB25-1117
-10- (4) The commission may promulgate rules as necessary and1
reasonable to implement this part 8, including rules regarding signage and2
drop fees.3
(5) There is hereby created in the state treasury the vehicle booting4
cash fund, referred to in this section SUBSECTION (5) as the "fund",5
consisting of any fee revenue collected by the commission pursuant to6
this part 8 and transmitted to the state treasurer for credit CREDITED BY7
THE STATE TREASURER into the fund and any other money that the general8
assembly may appropriate or transfer to the fund. The money in the fund9
is continuously appropriated to the commission for its implementation of10
this part 8. The state treasurer shall credit all interest and income derived11
from the deposit and investment of money in the fund to the fund. 12
40-10.1-802. Vehicle immobilization company document13
vehicle's condition and reason for immobilization - adequate14
illumination. (1) B
EFORE A VEHICLE IMMOBILIZATION COMPANY15
IMMOBILIZES A VEHICLE, THE COMPANY SHALL DOCUMENT THE VEHICLE 'S16
CONDITION AND THE REASON FOR THE IMMOBILIZATION BY :17
(a) T
AKING AT LEAST FOUR PHOTOGRAPHS OF THE VEHICLE , WITH18
AT LEAST ONE PHOTOGRAPH TAKEN FROM THE FRONT , ONE PHOTOGRAPH19
TAKEN FROM THE REAR, ONE PHOTOGRAPH TAKEN FROM THE DRIVER 'S20
SIDE, AND ONE PHOTOGRAPH TAKEN FROM THE PASSENGER 'S SIDE. THESE21
PHOTOGRAPHS MUST:22
(I) S
HOW THE ENTIRE VEHICLE FROM THE REQUIRED ANGLE ;23
(II) H
AVE THE VEHICLE FILL AT LEAST THREE -FOURTHS OF THE24
PHOTOGRAPH, MEASURED FROM SIDE TO SIDE; AND25
(III) B
E RENDERED IN A RESOLUTION OF AT LEAST TWO THOUSAND26
PIXELS BY AT LEAST TWO THOUSAND PIXELS ; AND27
HB25-1117
-11- (b) TAKING A PHOTOGRAPH THAT SHOWS THE REASON FOR THE1
VEHICLE BEING IMMOBILIZED. THE PHOTOGRAPH MUST:2
(I) S
HOW THE POSITION OF THE VEHICLE IN RELATION TO THE3
REASON, INCLUDING ANY SIGN, THAT THE VEHICLE WAS IMMOBILIZED; AND4
(II) B
E RENDERED IN A RESOLUTION OF AT LEAST TWO THOUSAND5
PIXELS BY AT LEAST TWO THOUSAND PIXELS .6
(2) (a) U
PON DEMAND BY AN AUTHORIZED OR INTERESTED PERSON ,7
THE VEHICLE IMMOBILIZATION COMPANY SHALL PROVIDE COPIES OF THE8
PHOTOGRAPHS REQUIRED TO BE TAKEN BY SUBSECTION (1) OF THIS9
SECTION TO THE AUTHORIZED OR INTERESTED PERSON .10
(b) (I) A
REBUTTABLE PRESUMPTION THAT A VEHICLE11
IMMOBILIZATION COMPANY DAMAGED A VEHICLE IS CREATED BY12
EVIDENCE THAT:13
(A) T
HE VEHICLE IMMOBILIZATION COMPANY HAS FAILED TO14
PRODUCE PHOTOGRAPHS OF THE VEHICLE 'S CONDITION IN COMPLIANCE15
WITH SUBSECTION (2)(a) OF THIS SECTION; AND16
(B) T
HE VEHICLE HAS SUFFERED DAMAGE .17
(II) A
VEHICLE IMMOBILIZATION COMPANY 'S FAILURE TO PRODUCE18
A PHOTOGRAPH OF THE REASON FOR THE IMMOBILIZATION IN COMPLIANCE19
WITH SUBSECTION (2)(a) OF THIS SECTION CREATES A REBUTTABLE20
PRESUMPTION THAT THE VEHICLE IMMOBILIZATION COMPANY DID NOT21
HAVE AUTHORIZATION TO IMMOBILIZE A VEHICLE .22
(c) W
HEN AN IMMOBILIZATION DEVICE IS BEING REMOVED FROM23
A VEHICLE, A VEHICLE IMMOBILIZATION COMPANY SHALL PROVIDE24
LIGHTING THAT IS ADEQUATE TO ALLOW A PERSON TO INSPECT THE25
VEHICLE FOR DAMAGE PRIOR TO THE IMMOBILIZATION DEVICE BEING26
REMOVED.27
HB25-1117
-12- 40-10.1-803. Vehicle immobilization company must display1
name. (1) (a) A
VEHICLE IMMOBILIZATION COMPANY SHALL DISPLAY THE2
NAME OF THE COMPANY, THE PERMIT NUMBER, AND A PHONE NUMBER OF3
THE COMPANY ON EACH COMPANY VEHICLE USED IN IMMOBILIZATION .4
(b) T
HE DISPLAY REQUIRED IN SUBSECTION (1)(a) OF THIS SECTION5
MUST BE DISPLAYED:6
(I) O
N EACH SIDE OF THE COMPANY VEHICLE IN PLAIN VIEW ; AND7
(II) W
HEN IMMOBILIZING A VEHICLE, DRIVING TO IMMOBILIZE A8
VEHICLE, OR DRIVING FROM IMMOBILIZING A VEHICLE , BUT THE DISPLAY9
NEED NOT BE PERMANENTLY AFFIXED TO THE COMPANY VEHICLE .10
(c) T
HE LETTERING ON THE DISPLAY REQUIRED IN SUBSECTION11
(1)(a)
OF THIS SECTION MUST BE:12
(I) L
EGIBLE DURING DAYLIGHT HOURS FROM A MINIMUM DISTANCE13
OF FIFTY FEET; AND14
(II) A
T LEAST THREE INCHES TALL.15
(2) T
HE REPRESENTATIVE OF A VEHICLE IMMOBILIZATION16
COMPANY SHALL HAVE BUSINESS IDENTIFICATION VISIBLY WORN AT ALL17
TIMES WHILE IMMOBILIZING A VEHICLE OR ACCEPTING PAYMENT .18
40-10.1-804. Immobilization - multiple devices. I
F A VEHICLE19
HAS BEEN IMMOBILIZED BY A VEHICLE IMMOBILIZATION COMPANY ,20
ANOTHER VEHICLE IMMOBILIZATION COMPANY SHALL NOT IMMOBILIZE21
THE VEHICLE UNTIL THE FIRST IMMOBILIZATION DEVICE HAS BEEN22
REMOVED. IF A VEHICLE IMMOBILIZATION COMPANY APPLIES MORE THAN23
ONE IMMOBILIZATION DEVICE TO A VEHICLE , THE COMPANY SHALL NOT24
CHARGE MORE THAN ONCE FOR THE REM OVAL OF ALL THE25
IMMOBILIZATION DEVICES.26
40-10.1-805. Immobilization requirements and limitations -27
HB25-1117
-13- notice to vehicle owner or operator required. (1) (a) A VEHICLE1
IMMOBILIZATION COMPANY SHALL NOT IMMOBILIZE A VEHICLE ON PRIVATE2
PROPERTY UNLESS:3
(I) T
HE IMMOBILIZATION IS EXPRESSLY ORDERED OR AUTHORIZED4
BY A COURT ORDER, AN ADMINISTRATIVE ORDER, OR A PEACE OFFICER OR5
BY OPERATION OF LAW; OR6
(II) T
HE VEHICLE IMMOBILIZATION COMPANY HAS RECEIVED7
DOCUMENTED PERMISSION , WHICH MUST NOT BE AUTOMATED OR8
PREAPPROVED, FOR EACH INDIVIDUAL IMMOBILIZATION , WITHIN THE9
TWENTY-FOUR HOURS IMMEDIATELY PRECEDING THE IMMOBILIZATION ,10
FROM THE FOLLOWING PERSON THAT MUST DOCUMENT THE PERMISSION BY11
SIGNING THE FORM CREATED IN ACCORDANCE WITH SUBSECTION (1)(b)(I)12
OF THIS SECTION:13
(A) T
HE OWNER OF OR LEASEHOLDER OF THE PRIVATE PROPERTY ;14
EXCEPT THAT, IF THE OWNER OR LEASEHOLDER WOULD EARN INCOME15
FROM THE IMMOBILIZATION , THE VEHICLE IMMOBILIZATION COMPANY16
SHALL NOT PERFORM THE IMMOBILIZATION BUT MAY AUTHORIZE ANOTHER17
VEHICLE IMMOBILIZATION COMPANY TO PERFORM THE IMMOBILIZATION ;18
(B) A
PERSON SUBJECT TO THE "COLORADO COMMON INTEREST19
O
WNERSHIP ACT", ARTICLE 33.3 OF TITLE 38, IF THE PRIVATE PROPERTY20
IS LOCATED WITHIN THE BOUNDARIES OF THE PERSON 'S AREA OF21
OPERATION; OR22
(C) A
N EMPLOYEE OF A PERSON DESCRIBED IN SUBSECTION23
(1)(a)(II)(A)
OR (1)(a)(II)(B) OF THIS SECTION OR AN EMPLOYEE OF A24
PROPERTY MANAGEMENT COMPANY RETAINED TO COLLECT RENT AND25
PERFORM RESIDENTIAL SERVICES; EXCEPT THAT THE EMPLOYEE WHO HAS26
A FINANCIAL INTEREST IN OR RELATIONSHIP WITH THE VEHICLE27
HB25-1117
-14- IMMOBILIZATION COMPANY OR A PARKING LOT MANAGEMENT COMPANY1
THAT EARNS INCOME FROM MANAGING OR CONTROLLING PARKING OR2
PERMISSION TO PARK OR THAT EARNS INCOME FROM IMMOBILIZATIONS3
SHALL NOT GRANT PERMISSION TO AUTHORIZE THE IMMOBILIZATION .4
(b) (I) T
HE COMMISSION SHALL CREATE A FORM THAT IMPLEMENTS5
SUBSECTION (1)(a)(II) OF THIS SECTION.6
(II) T
HE VEHICLE IMMOBILIZATION COMPANY MUST RETAIN FOR7
THREE YEARS AFTER THE IMMOBILIZATION THE SIGNED FORM REQUIRED BY8
SUBSECTION (1)(a)(II) OF THIS SECTION AND, UPON REQUEST, PROVIDE THE9
SIGNED FORM TO THE AUTHORIZED OR INTERESTED PERSON .10
(2) A
PROPERTY OWNER WITH TENANTS SHALL ISSUE EACH TENANT11
A WRITTEN DOCUMENT CONTAINING ANY APPLICABLE PARKING12
REGULATIONS BEFORE THE REGULATIONS ARE ADOPTED OR AMENDED OR13
BEFORE THE PERSON AGREES TO BE A TENANT .14
(3) (a) E
XCEPT AS PROVIDED IN SUBSECTION (3)(d) OF THIS15
SECTION, A VEHICLE IMMOBILIZATION COMPANY SHALL NOT IMMOBILIZE16
A VEHICLE IN A PARKING SPACE OR COMMON PARKING AREA WITHOUT THE17
VEHICLE IMMOBILIZATION COMPANY OR PROPERTY OWNER GIVING THE18
VEHICLE OWNER OR OPERATOR TWENTY -FOUR HOURS' WRITTEN NOTICE,19
UNLESS THE VEHICLE OWNER OR OPERATOR HAS RECEIVED TWO PREVIOUS20
NOTICES FOR PARKING INAPPROPRIATELY IN THE SAME MANNER .21
(b) T
HE VEHICLE IMMOBILIZATION COMPANY OR PROPERTY OWNER22
SHALL PROVIDE THE NOTICE REQUIRED IN SUBSECTION (3)(a) OF THIS23
SECTION BY PLACING A WRITTEN NOTICE ON THE WINDSHIELD OF THE24
VEHICLE AT LEAST TWENTY -FOUR HOURS BEFORE IMMOBILIZING THE25
VEHICLE.26
(c) T
HE NOTICE REQUIRED IN SUBSECTION (3)(a) OF THIS SECTION27
HB25-1117
-15- MUST STATE CLEARLY:1
(I) T
HAT THE VEHICLE WILL BE IMMOBILIZED IF THE VEHICLE2
REMAINS PARKED INAPPROPRIATELY ;3
(II) A
DESCRIPTION OF THE INAPPROPRIATE PARKING THAT HAS4
CAUSED THE NOTICE TO BE GIVEN;5
(III) T
HE DATE AND TIME THE VEHICLE WILL BE IMMOBILIZED IF IT6
IS NOT MOVED TO APPROPRIATE PARKING OR THE INAPPROPRIATE PARKING7
HAS NOT BEEN CORRECTED; AND8
(IV) T
HAT CONTINUING TO PARK INAPPROPRIATELY IN THE SAME9
MANNER MAY LEAD TO THE VEHICLE BEING IMMOBILIZED WITHOUT10
NOTICE.11
(d) I
F A VEHICLE IS PARKED A THIRD OR SUBSEQUENT TIME IN THE12
SAME INAPPROPRIATE MANNER THAT CAUSED IT TO RECEIVE PREVIOUS13
NOTICES, THE VEHICLE IMMOBILIZATION COMPANY OR PROPERTY OWNER14
NEED NOT GIVE THE NOTICE REQUIRED IN SUBSECTION (3)(a) OF THIS15
SECTION BEFORE IMMOBILIZING THE VEHICLE , BUT THE VEHICLE16
IMMOBILIZATION COMPANY MUST PLACE A NOTICE ON THE IMMOBILIZED17
VEHICLE THAT CONTAINS THE PHONE NUMBER OF THE COMPANY , THE18
NORMAL OPERATING HOURS OF THE COMPANY , AND THE PHONE NUMBER19
TO CONTACT THE COMPANY OUTSIDE OF NORMAL OPERATING HOURS .20
(e) F
OR PURPOSES OF THIS SUBSECTION (3), A VEHICLE IS PARKED21
INAPPROPRIATELY WHEN IT IS PARKED IN A MANNER THAT :22
(I) V
IOLATES THE PROCEDURES NECESSARY TO OBTAIN23
AUTHORIZATION TO PARK IN THE LOT OR SPACE ;24
(II) F
AILS TO COMPLY WITH THE PROPERTY OWNER 'S SIGNS OR THE25
AGREEMENTS OF THE TENANTS ; OR26
(III) V
IOLATES A STATUTE, RULE, ORDINANCE, OR RESOLUTION OF27
HB25-1117
-16- THE STATE OR A POLITICAL SUBDIVISION OF THE STATE .1
(4) (a) A
VEHICLE IMMOBILIZATION COMPANY SHALL NOT2
IMMOBILIZE A VEHICLE ON PRIVATE PROPERTY NORMALLY USED FOR3
PARKING UNLESS:4
(I) N
OTICE OF THE PARKING REGULATIONS WAS PROVIDED TO THE5
VEHICLE OPERATOR UPON ENTERING THE PRIVATE PROPERTY AND PARKING6
THE VEHICLE; AND7
(II) N
OTICE THAT A VEHICLE PARKED IN VIOLATION OF THE8
REGULATIONS IS SUBJECT TO IMMOBILIZATION AT THE VEHICLE OWNER 'S9
EXPENSE WAS PROVIDED TO THE VEHICLE OPERATOR UPON ENTERING THE10
PRIVATE PROPERTY AND PARKING THE VEHICLE .11
(b) A
PROPERTY OWNER WITH TENANTS SHALL PROVIDE THE12
NOTICE DESCRIBED IN THIS SUBSECTION (4) BY ISSUING EACH TENANT A13
WRITTEN DOCUMENT CONTAINING THE APPLICABLE PARKING REGULATIONS14
BEFORE THE REGULATIONS ARE ADOPTED OR AMENDED OR BEFORE THE15
PERSON AGREES TO BE A TENANT.16
(5) U
NLESS THE IMMOBILIZATION IS BASED ON AN ORDER GIVEN BY17
A PEACE OFFICER, A VEHICLE IMMOBILIZATION COMPANY SHALL NOT18
IMMOBILIZE A VEHICLE ON PRIVATE PROPERTY BECAUSE THE REAR LICENSE19
PLATE OF THE VEHICLE OR THE RECORD OBTAINED USING THE SYSTEM20
DESCRIBED IN SECTION 42-4-2103 (3)(c)(III) INDICATES THAT THE21
VEHICLE'S REGISTRATION HAS EXPIRED.22
40-10.1-806. Signage required to immobilize a vehicle. (1) I
N23
ORDER FOR A VEHICLE IMMOBILIZATION COMPANY TO IMMOBILIZE A24
VEHICLE, THE PROPERTY OWNER MUST HAVE POSTED SIGNAGE THAT :25
(a) I
S NOT LESS THAN TWO SQUARE FEET IN SIZE;26
(b) H
AS LETTERING NOT LESS THAN ONE INCH IN HEIGHT ;27
HB25-1117
-17- (c) HAS LETTERING THAT CONTRASTS SHARPLY IN COLOR WITH THE1
BACKGROUND ON WHICH THE L ETTERS ARE PLACED AND CONTRASTS2
SHARPLY WITH THE STRUCTURE THE SIGNS ARE PLACED ON ;3
(d) C
ONTAINS THE FOLLOWING INFORMATION IN THE ORDER LISTED4
BELOW:5
(I) T
HE RESTRICTION OR PROHIBITION ON PARKING ;6
(II) T
HE TIMES OF THE DAY AND DAYS THAT THE RESTRICTION IS7
APPLICABLE, BUT, IF THE RESTRICTION APPLIES TWENTY-FOUR HOURS PER8
DAY, SEVEN DAYS PER WEEK, THE SIGN MUST SAY "AUTHORIZED PARKING9
O
NLY";10
(III) N
OTICE THAT VIOLATING THE REGULATION SUBJECTS THE11
VIOLATING VEHICLE TO BE IMMOBILIZED AT THE VEHICLE OWNER 'S12
EXPENSE; AND13
(IV) T
HE NAME AND TELEPHONE NUMBER OF THE VEHICLE14
IMMOBILIZATION COMPANY AUTHORIZED TO PERFORM IMMOBILIZATIONS15
ON THE PRIVATE PROPERTY;16
(e) I
S PRINTED IN ENGLISH AND SPANISH;17
(f) I
S PERMANENTLY MOUNTED BOTH :18
(I) A
T EACH ENTRANCE TO THE PRIVATE PROPERTY SO THAT THE19
SIGN FACES OUTWARD TOWARD THE STREET AND IS VISIBLE BEFORE AND20
UPON ENTERING THE PRIVATE PROPERTY ; AND21
(II) I
NSIDE THE PRIVATE PROPERTY SO THAT THE SIGN FACES22
OUTWARD TOWARD THE PARKING AREA ;23
(g) I
S NOT OBSTRUCTED FROM VIEW OR PLACED IN A MANNER THAT24
PREVENTS DIRECT VISIBILITY;25
(h) I
S NOT PLACED HIGHER THAN TEN FEET OR LOWER THAN THREE26
FEET FROM THE SURFACE CLOSEST TO THE SIGN 'S PLACEMENT;27
HB25-1117
-18- (i) HAS THE SAME NUMBER OF SIGNS AS THE NUMBER OF1
LAMPPOSTS IF THE PARKING AREA HAS MORE THAN TEN FREESTANDING2
LAMPPOSTS ON THE PROPERTY , AND:3
(I) A
SIGN IS POSTED ON EACH LAMPPOST; OR4
(II) A
SIGN IS POSTED UPRIGHT IN CONSPICUOUS LOCATIONS5
EVENLY DISTRIBUTED ACROSS THE PARKING AREA .6
(2) T
HE SIGNAGE REQUIRED BY THIS SECTION MAY BE COMBINED7
WITH THE SIGNAGE REQUIRED IN SECTION 40-10.1-405.8
40-10.1-807. Patrolling prohibited. A
VEHICLE IMMOBILIZATION9
COMPANY SHALL NOT PATROL OR MONITOR PROPERTY TO ENFORCE10
PARKING RESTRICTIONS ON BEHALF OF A PROPERTY OWNER .11
40-10.1-808. Insurance must be provided. I
N CONNECTION WITH12
AN IMMOBILIZATION, A VEHICLE IMMOBILIZATION COMPANY SHALL13
PROVIDE, UPON REQUEST, EVIDENCE OF THE VEHICLE IMMOBILIZATION14
COMPANY'S COMMERCIAL LIABILITY INSURANCE COVERAGE , INCLUDING15
MOTOR VEHICLE LIABILITY COVERAGE, TO AN AUTHORIZED OR INTERESTED16
PERSON.17
40-10.1-809. Payment requirements - itemized bills. (1) (a) A18
VEHICLE IMMOBILIZATION COMPANY SHALL IMMEDIATELY ACCEPT19
PAYMENT IF OFFERED IN CASH OR BY VALID MAJOR CREDIT CARD . UPON20
PAYMENT, THE VEHICLE IMMOBILIZATION COMPANY SHALL RELEASE THE21
VEHICLE TO AN AUTHORIZED OR INTERESTED PERSON .22
(b) U
PON REQUEST, A VEHICLE IMMOBILIZATION COMPANY SHALL23
DISCLOSE ACCEPTED FORMS OF PAYMENT , INCLUDING THOSE FORMS24
REQUIRED TO BE ACCEPTED IN ACCORDANCE WITH SUBSECTION (1)(a) OF25
THIS SECTION.26
(2) A
VEHICLE IMMOBILIZATION COMPANY SHALL PROVIDE TO AN27
HB25-1117
-19- AUTHORIZED OR INTERESTED PERSON AN ITEMIZED BILL SHOWING EACH1
CHARGE AND THE RATE FOR EACH FEE INCURRED AS A RESULT OF AN2
IMMOBILIZATION AND ANY FEE THAT CAUSED THE IMMOBILIZATION .3
40-10.1-810. Release requirements - notice - private property4
- release for nonconsensual tow. (1) I
F A VEHICLE IMMOBILIZATION5
COMPANY HAS IMMOBILIZED A VEHICLE ON PRIVATE PROPERTY , THE6
VEHICLE IMMOBILIZATION COMPANY SHALL GIVE THE AUTHORIZED OR7
INTERESTED PERSON THAT IS HAVING THE VEHICLE RELEASED A WRITTEN8
NOTICE OF THE PERSON 'S ABILITY TO MAKE A COMPLAINT TO THE9
COMMISSION. THE NOTICE:10
(a) M
UST BE WRITTEN IN A CONSPICUOUS TYPEFACE AND FONT ON11
THE INVOICE, RECEIPT, AND BILL FOR RELEASING THE VEHICLE; AND12
(b) M
UST NOT BE IN A TYPEFACE OR FONT THAT IS SMALLER THAN13
THE OTHER NUMBERS OR WORDS ON THE INVOICE , RECEIPT, OR BILL, AS14
APPLICABLE.15
(2) A
VEHICLE IMMOBILIZATION COMPANY SHALL RELEASE THE16
MOTOR VEHICLE TO AN AUTHORIZED OR INTERESTED PERSON EITHER :17
(a) W
ITHIN ONE HUNDRED TWENTY MINUTES AFTER BEING18
CONTACTED BY THE AUTHORIZED OR INTERESTED PERSON OUTSIDE OF THE19
VEHICLE IMMOBILIZATION COMPANY 'S NORMAL BUSINESS HOURS; OR20
(b) W
ITHIN NINETY MINUTES AFTER BEING CONTACTED BY THE21
AUTHORIZED OR INTERESTED PERSON DURING THE VEHICLE22
IMMOBILIZATION COMPANY 'S NORMAL BUSINESS HOURS.23
(3) A
VEHICLE IMMOBILIZATION COMPANY SHALL IMMEDIATELY24
RELEASE A VEHICLE AND REMOVE THE IMMOBILIZATION DEVICE WITHOUT25
CHARGE TO A TOWING CARRIER WHEN EVIDENCE IS PRESENTED THAT THE26
TOWING CARRIER HAS AUTHORIZATION TO CONDUCT A NONCONSENSUAL27
HB25-1117
-20- TOW OR LAW-ENFORCEMENT-DIRECTED TOW.1
40-10.1-811. Partial-payment release - partial charge - form2
required. (1) (a) A
VEHICLE IMMOBILIZATION COMPANY SHALL3
IMMEDIATELY RELEASE AN IMMOBILIZED VEHICLE IF :4
(I) T
HE AUTHORIZED OR INTERESTED PERSON PAYS AT LEAST5
FIFTEEN PERCENT OF THE FEES, NOT TO EXCEED SIXTY DOLLARS, OWED THE6
VEHICLE IMMOBILIZATION COMPANY FOR THE IMMOBILIZATION ;7
(II) T
HE AUTHORIZED OR INTERESTED PERSON IS NOT A8
LIENHOLDER OR INSURANCE COMPANY ; AND9
(III) T
HE AUTHORIZED OR INTERESTED PERSON COMPLIES WITH10
SUBSECTION (1)(b) OF THIS SECTION.11
(b) (I) F
OR AN AUTHORIZED OR INTERESTED PERSON TO RETRIEVE12
A VEHICLE WITHOUT PAYING THE VEHICLE IMMOBILIZATION COMPANY THE13
TOTAL AMOUNT OWED TO THE COMPANY , THE AUTHORIZED OR14
INTERESTED PERSON MUST SIGN A FORM AFFIRMING THAT THE15
AUTHORIZED OR INTERESTED PERSON OWES THE COMPANY PAYMENT FOR16
FEES THAT COMPLY WITH THIS ARTICLE 10.1 OR ARTICLE 20 OF TITLE 38.17
K
NOWINGLY PROVIDING FALSE INFORMATION ON THE FORM IS UNLAWFUL .18
S
IGNING THE FORM DOES NOT PROHIBIT AN AUTHORIZED OR INTERESTED19
PERSON FROM FILING A COMPLAINT WITH THE COMMISSION OR PURSUING20
OTHER REMEDIES. THE VEHICLE IMMOBILIZATION COMPANY MAY USE THE21
FORM TO TAKE REASONABLE ACTIONS TO COLLECT THE DEBT .22
R
EASONABLE ACTIONS INCLUDE INITIATING A COURT ACTION OR USING A23
COLLECTION AGENCY.24
(II) T
HE COMMISSION SHALL:25
(A) C
REATE THE FORM;26
(B) T
ITLE THE FORM: "IMMOBILIZED VEHICLE RELEASE NOTICE27
HB25-1117
-21- WITH PAYMENT OWED"; AND1
(C) P
ROVIDE THE FORM ON THE COMMISSION 'S WEBSITE FOR2
VEHICLE IMMOBILIZATION COMPANIES TO RETRIEVE AND USE .3
(c) T
O RELEASE A VEHICLE IN ACCORDANCE WITH SUBSECTION4
(1)(a)
OF THIS SECTION, A VEHICLE IMMOBILIZATION COMPANY SHALL NOT5
REQUIRE A PERSON TO UNDERGO AN APPROVAL PROCESS , OTHER THAN6
SIGNING THE FORM CREATED PURSUANT TO SUBSECTION (1)(b) OF THIS7
SECTION.8
(2) (a) A
VEHICLE IMMOBILIZATION COMPANY SHALL CHARGE A9
REDUCED RELEASE CHARGE IN AN AMOUNT SET BY THE COMMISSION TO10
RELEASE A VEHICLE IF THE VEHICLE IS RELEASED AFTER AN EMPLOYEE OF11
OR AGENT OF THE VEHICLE IMMOBILIZATION COMPANY STARTS TO12
IMMOBILIZE THE VEHICLE BUT BEFORE THE AGENT OR EMPLOYEE LEAVES13
THE PRIVATE PROPERTY.14
(b) I
F APPROACHED BY AN AUTHORIZED OR INTERESTED PERSON15
BEFORE THE VEHICLE IS IMMOBILIZED ON PRIVATE PROPERTY , THE VEHICLE16
IMMOBILIZATION COMPANY SHALL NOTIFY THE AUTHORIZED OR17
INTERESTED PERSON THAT THE COMPANY IS REQUIRED TO RELEASE THE18
VEHICLE UPON REQUEST OF THE AUTHORIZED OR INTERESTED PERSON AND19
PAYMENT OF THE CHARGE DESCRIBED IN SUBSECTION (2)(a) OF THIS20
SECTION.21
(c) U
PON REQUEST BY THE AUTHORIZED OR INTERESTED PERSON22
AND PAYMENT OF THE CHARGE DESCRIBED IN SUBSECTION (2)(a) OF THIS23
SECTION, THE VEHICLE IMMOBILIZATION COMPANY SHALL IMMEDIATELY24
STOP AN IMMOBILIZATION IN PROGRESS ON PRIVATE PROPERTY .25
40-10.1-812. Records. A
VEHICLE IMMOBILIZATION COMPANY26
SHALL RETAIN EVIDENCE, INCLUDING PHOTOGRAPHS OF THE RELEVANT27
HB25-1117
-22- SIGNS AND OF THE VEHICLE, OF GIVING THE NOTICES AND DISCLOSURES1
REQUIRED IN SECTIONS 40-10.1-802, 40-10.1-805, AND 40-10.1-806 FOR2
THREE YEARS AFTER THE DATE OF COMPLETION OF AN IMMOBILIZATION3
AND PROVIDE THE EVIDENCE TO THE COMMISSION OR AN ENFORCEMENT4
OFFICIAL UPON REQUEST.5
40-10.1-813. Applicability - exceptions. (1) S
ECTIONS6
40-10.1-802
TO 40-10.1-812 DO NOT APPLY TO:7
(a) A
N IMMOBILIZATION ORDERED BY A PEACE OFFICER OR8
TECHNICIAN DIRECTED BY A PEACE OFFICER IN THE COURSE AND SCOPE OF9
THE OFFICER'S OR TECHNICIAN'S DUTIES;10
(b) A
N IMMOBILIZATION IN A PARKING SPACE THAT SERVES A11
BUSINESS IF THE PARKING SPACE IS ON COMMERCIAL REAL ESTATE , AS12
DEFINED IN SECTION 38-22.5-102 (2); OR13
(c) A
N IMMOBILIZATION ORDERED BY A MUNICIPALITY , A COUNTY,14
OR A CITY AND COUNTY OR PERFORMED BY AN AGENT OF OR EMPLOYEE OF15
A MUNICIPALITY, A COUNTY, OR A CITY AND COUNTY.16
40-10.1-814. Kickbacks prohibited. A
VEHICLE IMMOBILIZATION17
COMPANY SHALL NOT PAY MONEY OR PROVIDE OTHER VALUABLE18
CONSIDERATION FOR THE PRIVILEGE OF IMMOBILIZING VEHICLES .19
40-10.1-815. Rules. T
HE COMMISSION MAY ADOPT RULES AS20
NECESSARY AND REASONABLE TO IMPLEMENT THIS PART 8.21
40-10.1-816. Violators subject to penalties. A
N IMMOBILIZATION22
IN VIOLATION OF SECTIONS 40-10.1-802 TO 40-10.1-812 OR SECTION23
40-10.1-814
BY A VEHICLE IMMOBILIZATION COMPANY IS A DECEPTIVE24
TRADE PRACTICE UNDER SECTION 6-1-105 (1)(iiii) AND IS SUBJECT TO25
ENFORCEMENT BY THE ATTORNEY GENERAL 'S OFFICE OR A DISTRICT26
ATTORNEY OR ENFORCEMENT .27
HB25-1117
-23- SECTION 4. In Colorado Revised Statutes, 6-1-105, add (1)(iiii)1
as follows:2
6-1-105. Unfair or deceptive trade practices - definitions.3
(1) A person engages in a deceptive trade practice when, in the course of4
the person's business, vocation, or occupation, the person:5
(iiii) I
S A VEHICLE IMMOBILIZATION COMPANY AND IMMOBILIZES6
A VEHICLE IN VIOLATION OF SECTIONS 40-10.1-802 TO 40-10.1-812 OR7
SECTION 40-10.1-814.8
SECTION 5. Applicability. This act applies to violations9
committed on or after the effective date of this act.10
SECTION 6. Safety clause. The general assembly finds,11
determines, and declares that this act is necessary for the immediate12
preservation of the public peace, health, or safety or for appropriations for13
the support and maintenance of the departments of the state and state14
institutions.15
HB25-1117
-24-