Colorado 2025 Regular Session

Colorado House Bill HB1117 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REREVISED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the Second House
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
7	7		LLS NO. 25-0415.01 Jery Payne x2157
8	8		HOUSE BILL25-1117
9	9		House Committees Senate Committees
10	10		Transportation, Housing & Local Government Transportation & Energy
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING THE REGULATION OF VEHICLE IMMOBILIZATION101
14	14		COMPANIES.102
15	15		Bill Summary
16	16		(Note: This summary applies to this bill as introduced and does
17	17		not reflect any amendments that may be subsequently adopted. If this bill
18	18		passes third reading in the house of introduction, a bill summary that
19	19		applies to the reengrossed version of this bill will be available at
20	20		http://leg.colorado.gov
21	21		.)
22	22		The bill amends the statutes requiring a permit to boot a vehicle to
23	23		broaden the permit requirement to include any application, without the
24	24		appropriate consent, of a device intended to prevent the normal operation
25	25		of a motor vehicle.
26	26		Under current law, a permit holder may be denied a permit to boot
27	27		a vehicle upon application when the permit holder or owner has been
28	28		SENATE
29		-	3rd Reading Unamended
30		-	April 17, 2025
31		-	SENATE
32	29		Amended 2nd Reading
33	30		April 16, 2025
34	31		HOUSE
35	32		3rd Reading Unamended
36	33		March 26, 2025
37	34		HOUSE
38	35		Amended 2nd Reading
39	36		March 25, 2025
40	37		HOUSE SPONSORSHIP
41	38		Joseph and Boesenecker, Bacon, Brown, Froelich, Lieder, Lindsay, Mabrey, Ricks, Story,
42	39		Zokaie
43	40		SENATE SPONSORSHIP
44		-	Gonzales J. and Weissman, Coleman, Cutter, Exum, Hinrichsen, Jodeh, Kipp, Michaelson
45		-	Jenet, Wallace, Winter F.
	41	+	Gonzales J. and Weissman,
46	42		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
47	43		Capital letters or bold & italic numbers indicate new material to be added to existing law.
48	44		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
49	45		utilities commission (commission) to suspend, revoke, or refuse to renew
50	46		a permit to immobilize a vehicle for felonies and immobilization-related
51	47		offenses. An applicant must disclose each person that is a principal owner
52	48		in the vehicle immobilization company (company) in an application.
53	49		The commission is authorized to deny an application for or
54	50		suspend, revoke, or refuse to renew a permit of a company based on a
55	51		determination that it is not in the public interest for the company to
56	52		possess a permit. The determination is subject to appeal. Possession of a
57	53		permit is rebuttably presumed to be not in the public interest if a company
58	54		has willfully and repeatedly failed to comply with the relevant law.
59	55		The bill adds the following new duties for companies:
60	56		! Before immobilizing a vehicle, the company must
61	57		document the vehicle's condition and the reason for the
62	58		immobilization. Standards are set for the documentation,
63	59		including taking photographs.
64	60		! Upon demand by an authorized or interested person, the
65	61		company must provide copies of the photographs, and if
66	62		the company does not provide the photographs and a
67	63		vehicle is damaged, it creates a rebuttable presumption that
68	64		the company damaged the vehicle or did not have authority
69	65		to immobilize the vehicle;
70	66		! When an immobilization device is being removed from a
71	67		vehicle, a company must provide adequate lighting to
72	68		inspect the vehicle for damage;
73	69		! A company shall display its name, the permit number, and
74	70		a phone number of the company on each company vehicle
75	71		used in immobilization. Standards are set for the display.
76	72		! The representative of a company must have business
77	73		identification visibly worn at all times while immobilizing
78	74		a vehicle or accepting payment;
79	75		! If a vehicle has been immobilized by a company, another
80	76		company must not immobilize the vehicle;
81	77		! If a company applies more than one immobilization device
82	78		to a vehicle, the company may not charge more than once
83	79		for the removal of all the immobilization devices;
84	80		! A company must provide, upon request, evidence of the
85	81		company's commercial liability insurance coverage;
86	82		! A company must immediately accept payment and release
87	83		the vehicle if offered in cash or by valid major credit card;
88	84		! Upon request, a company must disclose accepted forms of
89	85		payment;
90	86		! A company must provide an itemized bill showing each
91	87		charge and the rate for each fee incurred as a result of an
92	88		immobilization and any fee that caused the immobilization;
93	89		1117
94	90		-2- and
95	91		! A company may not pay money or provide other valuable
96	92		consideration for the privilege of immobilizing vehicles.
97	93		A company is prohibited from immobilizing a vehicle on private
98	94		property unless:
99	95		! The immobilization is ordered or authorized by a court
100	96		order, an administrative order, or a peace officer or by
101	97		operation of law; or
102	98		! The company has received permission for each individual
103	99		immobilization, within the 24 hours immediately preceding
104	100		the immobilization, from a specified person. The company
105	101		must retain the permission for 3 years.
106	102		A property owner with tenants must give each tenant adequate
107	103		notice of parking regulations as outlined in the bill. A company may not
108	104		immobilize a vehicle in a parking space or common parking area without
109	105		the company or property owner giving 24 hours' written notice at least 24
110	106		hours before immobilizing the vehicle, unless the vehicle owner or
111	107		operator has received 2 or more previous notices for parking
112	108		inappropriately in the same manner. Standards are set for the notice.
113	109		If a vehicle parks 3 or more times in the same inappropriate
114	110		manner, the company or property owner need not give the notice, but the
115	111		company must place a notice on the immobilized vehicle that contains the
116	112		phone number of the company, the normal operating hours of the
117	113		company, and the phone number to contact the company outside of
118	114		normal operating hours.
119	115		To immobilize a vehicle on private property normally used for
120	116		parking, the following must be provided upon entering the private
121	117		property:
122	118		! Notice of the parking regulations; and
123	119		! Notice that a violation of the regulations subjects the
124	120		vehicle to immobilization at the vehicle owner's expense.
125	121		Unless the immobilization is based on an order given by a peace officer,
126	122		a company may not immobilize a vehicle on private property because the
127	123		vehicle's registration has expired.
128	124		For a company to immobilize a vehicle, the property owner must
129	125		have posted signage that meets the size, visibility, and placement
130	126		standards of the bill and contains the following information:
131	127		! The restriction or prohibition on parking;
132	128		! The times of the day and days that the restriction is
133	129		applicable, but, if the restriction applies 24 hours per day,
134	130		7 days per week, the sign must say "Authorized Parking
135	131		Only";
136	132		! Notice that violating the regulation subjects the violating
137	133		vehicle to be immobilized at the vehicle owner's expense;
138	134		and
139	135		1117
140	136		-3- ! The name and telephone number of the company
141	137		authorized to perform immobilization on the private
142	138		property.
143	139		A company may not patrol or monitor property to enforce parking
144	140		restrictions on behalf of a property owner.
145	141		If a company has immobilized a vehicle on private property, the
146	142		company must give a written notice of the person's ability to make a
147	143		complaint to the commission in accordance with the standards of the bill.
148	144		A company must release a motor vehicle either within 120 minutes
149	145		after being contacted outside the company's normal business hours or
150	146		within 90 minutes during the company's normal business hours. A
151	147		company must immediately release a vehicle without charge to a towing
152	148		carrier when evidence is presented that the towing carrier has
153	149		authorization to conduct a nonconsensual tow or
154	150		law-enforcement-directed tow. A company must immediately release an
155	151		immobilized vehicle if the person retrieving the vehicle pays at least 15%
156	152		of the fees, not to exceed $60, and the person signs a form affirming that
157	153		the authorized or interested person owes the company payment for the
158	154		appropriate fees.
159	155		A company must charge a reduced release charge set by the
160	156		commission and immediately release the vehicle if the vehicle is released
161	157		after an employee of or agent of the company starts to immobilize the
162	158		vehicle but before the agent or employee leaves the private property.
163	159		A company must retain evidence of giving the notices and
164	160		disclosures required in the bill for 3 years and provide the evidence to the
165	161		commission or an enforcement official upon request.
166	162		Generally, the bill does not apply to an immobilization ordered by
167	163		a peace officer or technician directed by a peace officer, an
168	164		immobilization in a parking space that serves a business if the parking
169	165		space is on commercial real estate, or an immobilization ordered by a
170	166		municipality, county, or city and county.
171	167		A violation of the bill is generally a deceptive trade practice and
172	168		is subject to enforcement by the attorney general's office or a district
173	169		attorney.
174	170		Be it enacted by the General Assembly of the State of Colorado:1
175	171		SECTION 1. Legislative declaration. (1) The general assembly2
176	172		finds that:3
177	173		(a) Fair and just enforcement of parking regulations is an essential4
178	174		component of maintaining the order and integrity of public spaces and5
179	175		1117-4- residential communities, fostering a sense of responsibility and respect1
180	176		among all community members;2
181	177		(b) Vehicle immobilization practices, when improperly applied or3
182	178		enforced, can create undue burdens on consumers, particularly those who4
183	179		may face financial or personal challenges; 5
184	180		(c) Improper immobilization can undermine public trust in the6
185	181		system and, at times, may result in the disproportionate penalization of7
186	182		individuals for minor or unintentional infractions;8
187	183		(d) Vehicle immobilization practices and related fees9
188	184		disproportionately affect low-income individuals and marginalized10
189	185		communities, exacerbating existing social and economic disparities, and11
190	186		in these instances, individuals often lack access to legal recourse, and the12
191	187		resulting financial strain may hinder their ability to secure basic13
192	188		necessities, such as housing, healthcare, or transportation;14
193	189		(e) Clear and transparent communication regarding parking15
194	190		regulations, including proper signs and timely notices, is crucial to16
195	191		ensuring that consumers are fully informed of their rights and17
196	192		responsibilities and are given reasonable opportunities to rectify minor18
197	193		violations without the threat of excessive penalties or hardship;19
198	194		(f) The state must ensure that vehicle immobilization practices are20
199	195		carried out in a manner that upholds the dignity of all individuals, protects21
200	196		consumers from unnecessary financial strain, and promotes fairness by22
201	197		providing avenues for dispute resolution and mitigation of penalties23
202	198		where appropriate;24
203	199		(g) Vehicle immobilization companies and property owners must25
204	200		be held accountable to the highest ethical standards, with a commitment26
205	201		to transparency, honesty, and fairness in the provision of services. This27
206	202		1117
207	203		-5- includes clear, itemized billing, proper safeguards to prevent abuse, and1
208	204		accountability for any damages or mistakes that may arise from the2
209	205		immobilization process.3
210	206		(h) A fair and just system for addressing vehicle immobilization4
211	207		disputes is integral to maintaining public confidence in the regulatory5
212	208		framework. Consumers must have access to effective mechanisms for6
213	209		challenging fees, seeking timely release of immobilized vehicles, and7
214	210		receiving a fair hearing for their cases.8
215	211		(i) Vehicle immobilization should not be a mechanism for unjustly9
216	212		enriching private companies or imposing financial hardship on vulnerable10
217	213		individuals. Kickbacks, improper financial incentives, or the pursuit of11
218	214		unfair profits at the expense of consumers undermine the integrity of the12
219	215		system and erode public trust.13
220	216		(j) This legislation is intended to create a fair, transparent, and14
221	217		equitable framework for vehicle immobilization that balances the need for15
222	218		effective enforcement with the protection of consumers' rights, ensuring16
223	219		that no person is unfairly penalized or unduly burdened by the system;17
224	220		and 18
225	221		(k) By establishing clear guidelines for vehicle immobilization,19
226	222		providing transparency, and offering opportunities for consumers to20
227	223		address minor infractions in a reasonable and timely manner, this21
228	224		legislation promotes the values of fairness and justice, strengthening the22
229	225		trust between the public and those entrusted with enforcement23
230	226		responsibilities.24
231	227		(2) Therefore, the general assembly declares that:25
232	228		(a) Ensuring the fair and just implementation of vehicle26
233	229		immobilization practices is a matter of paramount importance to the27
234	230		1117
235	231		-6- well-being of Colorado's communities, and enacts this legislation to1
236	232		promote equity, transparency, and accountability in the enforcement of2
237	233		parking regulations; and3
238	234		(b) Fairness, accountability, and ethical conduct must guide every4
239	235		aspect of the enforcement process.5
240	236		SECTION 2. In Colorado Revised Statutes, 40-10.1-101, amend6
241	237		(11), (14), and (22); and add (8.5) as follows:7
242	238		40-10.1-101. Definitions. As used in this article 10.1, unless the8
243	239		context otherwise requires:9
244	240		(8.5) "I
245	241		MMOBILIZE", "IMMOBILIZATION", OR "IMMOBILIZING"10
246	242		MEANS THE APPLICATION WITHOUT THE CONSENT OF AN AUTHORIZED OR11
247	243		INTERESTED PERSON OF A DEVICE INTENDED TO PREVENT THE NORMAL12
248	244		OPERATION OF A MOTOR VEHICLE .13
249	245
250	246		14
251	247		(11) "Motor vehicle"
252	248		OR "VEHICLE" means any automobile, truck,15
253	249		tractor, motor bus, or other self-propelled vehicle or any
254	250		A trailer16
255	251		DESIGNED TO BE drawn thereby BY A SELF-PROPELLED VEHICLE.17
256	252		(14) "Permit" means the permit issued to a contract carrier under18
257	253		part 2 of this article 10.1, or to a motor carrier under part 3, 4, 5, or 7 of19
258	254		this article 10.1,
259	255		OR TO A VEHICLE IMMOBILIZATION COMPANY UNDER PART20
260	256		8
261	257		OF THIS ARTICLE 10.1.21
262	258		(22) (a) "Vehicle booting
263	259		IMMOBILIZATION company" means a22
264	260		private corporation, partnership, or sole proprietor in the business of23
265	261		immobilizing a motor vehicle through use of a boot PERSON THAT24
266	262		IMMOBILIZES A MOTOR VEHICLE OF ANOTHER PERSON .25
267	263		(b) "V
268	264		EHICLE IMMOBILIZATION COMPANY " DOES NOT INCLUDE A26
269	265		MUNICIPALITY, A COUNTY, A CITY AND COUNTY, OR OTHER POLITICAL27
270	266		1117
271	267		-7- SUBDIVISION OF THE STATE.1
272	268		SECTION 3. In Colorado Revised Statutes, amend part 8 of2
273	269		article 10.1 of title 40 as follows:3
274	270		40-10.1-801. Permit requirements - fund. (1) (a) Effective4
275	271		January 1, 2020, A person shall not operate or offer to operate as a5
276	272		vehicle booting IMMOBILIZATION company in intrastate commerce without6
277	273		first having obtained a permit from the commission in accordance with7
278	274		this article 10.1.8
279	275		(b) A person may apply for a permit under this part 8 to the9
280	276		commission in the form and with the information as the commission10
281	277		requires. Permits are valid for one year after the date of issuance. 11
282	278		(2) (a) (I) The commission may deny an application
283	279		FOR OR12
284	280		SUSPEND, REVOKE, OR REFUSE TO RENEW A PERMIT ISSUED under this part13
285	281		8 of a person who has, within the immediately preceding five years, been14
286	282		convicted of, or
287	283		pled guilty TO, or PLED nolo contendere to a felony OR15
288	284		IMMOBILIZATION-RELATED OFFENSE. The commission may also deny an16
289	285		application under this part 8 FOR OR SUSPEND, REVOKE, or refuse to renew17
290	286		the A permit of a vehicle booting IMMOBILIZATION company based upon18
291	287		a determination that the vehicle booting IMMOBILIZATION company or any19
292	288		of its owners, principals, officers, members, partners, or directors has not20
293	289		satisfied a civil penalty arising out of any AN administrative or21
294	290		enforcement action brought by the commission.22
295	291		(II) A
296	292		VEHICLE IMMOBILIZATION COMPANY THAT APPLIES FOR A23
297	293		PERMIT OR THAT APPLIES TO RENEW A PERMIT SHALL DISCLOSE TO THE24
298	294		COMMISSION EACH PERSON THAT IS AN OWNER OF , PRINCIPAL OF, OFFICER25
299	295		OF, MEMBER OF, PARTNER OF, OR DIRECTOR OF THE VEHICLE26
300	296		IMMOBILIZATION COMPANY IN ACCORDANCE WITH RULES ADOPTED BY THE27
301	297		1117
302	298		-8- COMMISSION.1
303	299		(b) T
304	300		HE COMMISSION MAY DENY AN APPLICATION FOR OR SUSPEND ,2
305	301		REVOKE, OR REFUSE TO RENEW A PERMIT OF A VEHICLE IMMOBILIZATION3
306	302		COMPANY BASED ON A DETERMINATION THAT IT IS NOT IN THE PUBLIC4
307	303		INTEREST FOR THE VEHICLE IMMOBILIZATION COMPANY TO POSSESS A5
308	304		PERMIT. THE DETERMINATION IS SUBJECT TO APPEAL IN ACCORDANCE6
309	305		WITH COMMISSION RULES . A VEHICLE IMMOBILIZATION COMPANY 'S7
310	306		POSSESSION OF A PERMIT IS REBUTTABLY PRESUMED TO BE NOT IN THE8
311	307		PUBLIC INTEREST IF THE VEHICLE IMMOBILIZATION COMPANY HAS9
312	308		WILLFULLY AND REPEATEDLY FAILED TO COMPLY WITH THIS ARTICLE 10.1.10
313	309		(3) (a) Except as otherwise provided in subsection (2) of this11
314	310		section and section 40-10.1-112 (4), the commission shall issue a permit12
315	311		to a vehicle booting
316	312		IMMOBILIZATION company upon completion of the13
317	313		application and the filing of proof of workers' compensation insurance14
318	314		coverage in accordance with the "Workers' Compensation Act of15
319	315		Colorado", articles 40 to 47 of title 8, and with the financial responsibility16
320	316		requirements of this title 40 and may attach to the permit and to the17
321	317		exercise of the rights granted by the permit any restrictions, terms, and18
322	318		conditions, including altering the rates and charges of the applicant, as are19
323	319		reasonably deemed necessary for the protection of the property of the20
324	320		public.21
325	321		(b) If a vehicle booting IMMOBILIZATION company violates this22
326	322		article 10.1, any other applicable provision of law, or any A COMMISSION23
327	323		rule
328	324		ADOPTED or COMMISSION order of the commission
329	325		issued under this24
330	326		article 10.1 and as a result is ordered by a court or by the commission to25
331	327		pay a fine or civil penalty that the vehicle booting IMMOBILIZATION26
332	328		company subsequently fails to pay in full within the time prescribed for27
333	329		1117
334	330		-9- payment, and not before the decision imposing the fine or civil penalty1
335	331		becomes a final decision by the commission, then:2
336	332		(I) The vehicle booting IMMOBILIZATION company's permit is3
337	333		revoked; immediately; and4
338	334		(II) The vehicle booting IMMOBILIZATION company, its owners,5
339	335		principals, officers, members, partners, and directors, and any other entity6
340	336		owned or operated by one or more of those owners, principals, officers,7
341	337		members, partners, or directors, may be disqualified from obtaining or8
342	338		renewing any operating authority under this title 40 for a period of five9
343	339		years after the date on which the fine or civil penalty was due. The period10
344	340		of disqualification pursuant to DESCRIBED IN this subsection (3)(b)(II) is11
345	341		in addition to, and not in lieu of, and does not affect any other penalty or12
346	342		period of disqualification, including the period of disqualification13
347	343		specified in section 40-10.1-112 (4).14
348	344		(c) A vehicle booting IMMOBILIZATION company's facilities and15
349	345		vehicles are subject to inspection by the commission and by authorized16
350	346		personnel of the Colorado state patrol, which agency shall promptly17
351	347		report to the commission concerning any violations revealed by an18
352	348		inspection.19
353	349		(4) The commission may promulgate ADOPT rules as necessary20
354	350		and reasonable to implement this part 8, including rules regarding signage21
355	351		and drop fees,
356	352		AND RULES REQUIRING A VEHICLE IMMOBILIZATION
357	353		22
358	354		COMPANY TO MAINTAIN AND FILE WITH THE COMMISSION EVIDENCE OF23
359	355		FINANCIAL RESPONSIBILITY AND PROOF OF THE CONTINUED VALIDITY OF24
360	356		THE FINANCIAL RESPONSIBILITY.25
361	357		(5) There is hereby created in the state treasury the vehicle booting26
362	358		cash fund, referred to in this section SUBSECTION (5) as the "fund",27
363	359		1117
364	360		-10- consisting of any fee revenue collected by the commission pursuant to1
365	361		this part 8 and transmitted to the state treasurer for credit CREDITED BY2
366	362		THE STATE TREASURER into the fund and any other money that the general3
367	363		assembly may appropriate or transfer to the fund. The money in the fund4
368	364		is continuously appropriated to the commission for its implementation of5
369	365		this part 8. The state treasurer shall credit all interest and income derived6
370	366		from the deposit and investment of money in the fund to the fund. 7
371	367		40-10.1-802. Vehicle immobilization company document8
372	368		vehicle's condition and reason for immobilization - adequate9
373	369		illumination. (1) B
374	370		EFORE A VEHICLE IMMOBILIZATION COMPANY10
375	371		IMMOBILIZES A VEHICLE, THE COMPANY SHALL DOCUMENT THE VEHICLE 'S11
376	372		CONDITION AND THE REASON FOR THE IMMOBILIZATION BY :12
377	373		(a) TAKING AT LEAST ONE PHOTOGRAPH WITH A RESOLUTION OF AT13
378	374		LEAST TWO THOUSAND PIXELS BY AT LEAST TWO THOUSAND PIXELS THAT14
379	375		SHOWS THE VEHICLE IMMOBILIZATION DEVICE AND THE ENTIRE PORTION15
380	376		OF THE VEHICLE TO WHICH IT IS ATTACHED; AND16
381	377		(b) T
382	378		AKING
383	379		AT LEAST ONE PHOTOGRAPH THAT SHOWS THE REASON17
384	380		FOR THE VEHICLE BEING IMMOBILIZED. THE PHOTOGRAPH MUST:18
385	381		(I) S
386	382		HOW THE POSITION OF THE VEHICLE IN RELATION TO THE19
387	383		REASON, INCLUDING ANY SIGN, THAT THE VEHICLE WAS IMMOBILIZED; AND20
388	384		(II) B
389	385		E RENDERED IN A RESOLUTION OF AT LEAST TWO THOUSAND21
390	386		PIXELS BY AT LEAST TWO THOUSAND PIXELS .22
391	387		(2) (a) U
392	388		PON DEMAND BY AN AUTHORIZED OR INTERESTED PERSON ,23
393	389		THE VEHICLE IMMOBILIZATION COMPANY SHALL PROVIDE COPIES OF THE24
394	390		PHOTOGRAPHS REQUIRED TO BE TAKEN BY SUBSECTION (1) OF THIS25
395	391		SECTION TO THE AUTHORIZED OR INTERESTED PERSON .26
396	392		(b) (I) A
397	393		REBUTTABLE PRESUMPTION THAT A VEHICLE27
398	394		1117
399	395		-11- IMMOBILIZATION COMPANY DAMAGED A VEHICLE IS CREATED BY1
400	396		EVIDENCE THAT:2
401	397		(A) T
402	398		HE VEHICLE IMMOBILIZATION COMPANY HAS FAILED TO3
403	399		PRODUCE PHOTOGRAPHS OF THE VEHICLE 'S CONDITION IN COMPLIANCE4
404	400		WITH SUBSECTION (2)(a) OF THIS SECTION; AND5
405	401		(B) T
406	402		HE VEHICLE HAS SUFFERED DAMAGE .6
407	403		(II) A
408	404		VEHICLE IMMOBILIZATION COMPANY 'S FAILURE TO PRODUCE7
409	405		A PHOTOGRAPH OF THE REASON FOR THE IMMOBILIZATION IN COMPLIANCE8
410	406		WITH SUBSECTION (2)(a) OF THIS SECTION CREATES A REBUTTABLE9
411	407		PRESUMPTION THAT THE VEHICLE IMMOBILIZATION COMPANY DID NOT10
412	408		HAVE AUTHORIZATION TO IMMOBILIZE A VEHICLE .11
413	409		12
414	410		40-10.1-803. Vehicle immobilization company must display13
415	411		name. (1) (a) A
416	412		VEHICLE IMMOBILIZATION COMPANY SHALL DISPLAY THE14
417	413		NAME OF THE COMPANY, THE PERMIT NUMBER, AND A PHONE NUMBER OF15
418	414		THE COMPANY ON EACH COMPANY VEHICLE USED IN IMMOBILIZATION .16
419	415		(b) T
420	416		HE DISPLAY REQUIRED IN SUBSECTION (1)(a) OF THIS SECTION17
421	417		MUST BE DISPLAYED:18
422	418		(I) O
423	419		N EACH SIDE OF THE COMPANY VEHICLE IN PLAIN VIEW ; AND19
424	420		(II) W
425	421		HEN IMMOBILIZING A VEHICLE, DRIVING TO IMMOBILIZE A20
426	422		VEHICLE, OR DRIVING FROM IMMOBILIZING A VEHICLE , BUT THE DISPLAY21
427	423		NEED NOT BE PERMANENTLY AFFIXED TO THE COMPANY VEHICLE .22
428	424		(c) T
429	425		HE LETTERING ON THE DISPLAY REQUIRED IN SUBSECTION23
430	426		(1)(a)
431	427		OF THIS SECTION MUST BE:24
432	428		(I) L
433	429		EGIBLE DURING DAYLIGHT HOURS FROM A MINIMUM DISTANCE25
434	430		OF FIFTY FEET; AND26
435	431		(II) A
436	432		T LEAST THREE INCHES TALL.27
437	433		1117
438	434		-12- (2) THE REPRESENTATIVE OF A VEHICLE IMMOBILIZATION1
439	435		COMPANY SHALL HAVE BUSINESS IDENTIFICATION VISIBLY WORN AT ALL2
440	436		TIMES WHILE IMMOBILIZING A VEHICLE OR ACCEPTING PAYMENT .3
441	437		40-10.1-804. Immobilization - multiple devices. I
442	438		F A VEHICLE4
443	439		HAS BEEN IMMOBILIZED BY A VEHICLE IMMOBILIZATION COMPANY ,5
444	440		ANOTHER VEHICLE IMMOBILIZATION COMPANY SHALL NOT IMMOBILIZE6
445	441		THE VEHICLE UNTIL THE FIRST IMMOBILIZATION DEVICE HAS BEEN7
446	442		REMOVED. IF A VEHICLE IMMOBILIZATION COMPANY APPLIES MORE THAN8
447	443		ONE IMMOBILIZATION DEVICE TO A VEHICLE , THE COMPANY SHALL NOT9
448	444		CHARGE MORE THAN ONCE FOR THE REM OVAL OF ALL THE10
449	445		IMMOBILIZATION DEVICES.11
450	446		40-10.1-805. Immobilization requirements and limitations -12
451	447		notice to vehicle owner or operator required. (1) (a) A
452	448		VEHICLE13
453	449		IMMOBILIZATION COMPANY SHALL NOT IMMOBILIZE A VEHICLE ON PRIVATE14
454	450		PROPERTY UNLESS:15
455	451		(I) T
456	452		HE IMMOBILIZATION IS EXPRESSLY ORDERED OR AUTHORIZED16
457	453		BY A COURT ORDER, AN ADMINISTRATIVE ORDER, OR A PEACE OFFICER OR17
458	454		BY OPERATION OF LAW; OR18
459	455		(II) T
460	456		HE VEHICLE IMMOBILIZATION COMPANY HAS RECEIVED19
461	457		DOCUMENTED PERMISSION , WHICH MUST NOT BE AUTOMATED OR20
462	458		PREAPPROVED, FOR EACH INDIVIDUAL IMMOBILIZATION , WITHIN THE21
463	459		TWENTY-FOUR HOURS IMMEDIATELY PRECEDING THE IMMOBILIZATION ,22
464	460		FROM THE FOLLOWING PERSON THAT MUST DOCUMENT THE PERMISSION BY23
465	461		SIGNING THE FORM CREATED IN ACCORDANCE WITH SUBSECTION (1)(b)(I)24
466	462		OF THIS SECTION:25
467	463		(A) T
468	464		HE OWNER OF OR LEASEHOLDER OF THE PRIVATE PROPERTY ;26
469	465		EXCEPT THAT, IF THE OWNER OR LEASEHOLDER WOULD EARN INCOME27
470	466		1117
471	467		-13- FROM THE IMMOBILIZATION , THE VEHICLE IMMOBILIZATION COMPANY1
472	468		SHALL NOT PERFORM THE IMMOBILIZATION BUT MAY AUTHORIZE ANOTHER2
473	469		VEHICLE IMMOBILIZATION COMPANY TO PERFORM THE IMMOBILIZATION ;3
474	470		(B) A
475	471		PERSON SUBJECT TO THE "COLORADO COMMON INTEREST4
476	472		O
477	473		WNERSHIP ACT", ARTICLE 33.3 OF TITLE 38, IF THE PRIVATE PROPERTY5
478	474		IS LOCATED WITHIN THE BOUNDARIES OF THE PERSON 'S AREA OF6
479	475		OPERATION; OR7
480	476		(C) A
481	477		N EMPLOYEE OF A PERSON DESCRIBED IN SUBSECTION8
482	478		(1)(a)(II)(A)
483	479		OR (1)(a)(II)(B) OF THIS SECTION OR AN EMPLOYEE OF A9
484	480		PROPERTY MANAGEMENT COMPANY RETAINED TO COLLECT RENT AND10
485	481		PERFORM RESIDENTIAL SERVICES; EXCEPT THAT THE EMPLOYEE WHO HAS11
486	482		A FINANCIAL INTEREST IN OR RELATIONSHIP WITH THE VEHICLE12
487	483		IMMOBILIZATION COMPANY OR A PARKING LOT MANAGEMENT COMPANY13
488	484		THAT EARNS INCOME FROM MANAGING OR CONTROLLING PARKING OR14
489	485		PERMISSION TO PARK OR THAT EARNS INCOME FROM IMMOBILIZATIONS15
490	486		SHALL NOT GRANT PERMISSION TO AUTHORIZE THE IMMOBILIZATION .16
491	487		(b) (I) T
492	488		HE COMMISSION SHALL CREATE A FORM THAT IMPLEMENTS17
493	489		SUBSECTION (1)(a)(II) OF THIS SECTION.18
494	490		(II) T
495	491		HE VEHICLE IMMOBILIZATION COMPANY MUST RETAIN FOR19
496	492		THREE YEARS AFTER THE IMMOBILIZATION THE SIGNED FORM REQUIRED BY20
497	493		SUBSECTION (1)(a)(II) OF THIS SECTION AND, UPON REQUEST, PROVIDE THE21
498	494		SIGNED FORM TO THE AUTHORIZED OR INTERESTED PERSON .22
499	495		(2) A
500	496		PROPERTY OWNER WITH TENANTS SHALL ISSUE EACH TENANT23
501	497		A WRITTEN DOCUMENT CONTAINI NG ANY APPLICABLE PARKING24
502	498		REGULATIONS BEFORE THE REGULATIONS ARE ADOPTED OR AMENDED OR25
503	499		BEFORE THE PERSON AGREES TO BE A TENANT .26
504	500		(3) (a) E
505	501		XCEPT AS PROVIDED IN SUBSECTION (3)(d) OF THIS27
506	502		1117
507	503		-14- SECTION, A VEHICLE IMMOBILIZATION COMPANY SHALL NOT IMMOBILIZE1
508	504		A VEHICLE IN A PARKING SPACE OR COMMON PARKING AREA WITHOUT THE2
509	505		VEHICLE IMMOBILIZATION COMPANY OR PROPERTY OWNER GIVING THE3
510	506		VEHICLE OWNER OR OPERATOR TWENTY -FOUR HOURS' WRITTEN NOTICE,4
511	507		UNLESS THE VEHICLE OWNER OR OPERATOR HAS RECEIVED A PREVIOUS5
512	508		NOTICE FOR PARKING INAPPROPRIATELY IN THE SAME MANNER .6
513	509		(b) T
514	510		HE VEHICLE IMMOBILIZATION COMPANY OR PROPERTY OWNER7
515	511		SHALL PROVIDE THE NOTICE REQUIRED IN SUBSECTION (3)(a) OF THIS8
516	512		SECTION BY PLACING A WRITTEN NOTICE ON THE WINDSHIELD OF THE9
517	513		VEHICLE AT LEAST TWENTY -FOUR HOURS BEFORE IMMOBILIZING THE10
518	514		VEHICLE.11
519	515		(c) T
520	516		HE NOTICE REQUIRED IN SUBSECTION (3)(a) OF THIS SECTION12
521	517		MUST STATE CLEARLY:13
522	518		(I) T
523	519		HAT THE VEHICLE WILL BE IMMOBILIZED IF THE VEHICLE14
524	520		REMAINS PARKED INAPPROPRIATELY ;15
525	521		(II) A
526	522		DESCRIPTION OF THE INAPPROPRIATE PARKING THAT HAS16
527	523		CAUSED THE NOTICE TO BE GIVEN;17
528	524		(III) T
529	525		HE DATE AND TIME THE VEHICLE WILL BE IMMOBILIZED IF IT18
530	526		IS NOT MOVED TO APPROPRIATE PARKING OR THE INAPPROPRIATE PARKING19
531	527		HAS NOT BEEN CORRECTED; AND20
532	528		(IV) T
533	529		HAT CONTINUING TO PARK INAPPROPRIATELY IN THE SAME21
534	530		MANNER MAY LEAD TO THE VEHICLE BEING IMMOBILIZED WITHOUT22
535	531		NOTICE.23
536	532		(d) (I) A VEHICLE IMMOBILIZATION COMPANY OR PROPERTY24
537	533		OWNER NEED NOT GIVE THE NOTICE REQUIRED IN SUBSECTION (3)(a) OF25
538	534		THIS SECTION BEFORE IMMOBILIZING THE VEHICLE IF THE VEHICLE26
539	535		IMMOBILIZATION COMPANY GIVES THE NOTICE REQUIRED IN SUBSECTION27
540	536		1117
541	537		-15- (3)(d)(II) OF THIS SECTION AND IF:1
542	538		(A) THE VEHICLE IS PARKED A SECOND OR SUBSEQUENT TIME IN2
543	539		THE SAME INAPPROPRIATE MANNER THAT CAUSED IT TO RECEIVE PREVIOUS3
544	540		NOTICES;4
545	541		(B) THE VEHICLE IS PARKED IN OR EFFECTIVELY OBSTRUCTING A5
546	542		FIRE HYDRANT OR A DESIGNATED AND MARKED FIRE ZONE ;6
547	543		(C) THE VEHICLE IS PARKED IN VIOLATION OF SECTION 42-4-12087
548	544		(4) OR IN RESERVED PARKING FOR PEOPLE WITH DISABILITIES WITHOUT8
549	545		DISPLAYING AN IDENTIFYING PLACARD OR AN IDENTIFYING PLATE, AS9
550	546		THOSE TERMS ARE DEFINED IN SECTION 42-3-204 (1)(f) AND (1)(g), THAT10
551	547		IS CURRENTLY VALID OR HAS BEEN EXPIRED FOR NO MORE THAN SIXTY11
552	548		DAYS;12
553	549		(D) THE IMMOBILIZATION IS EXPRESSLY ORDERED OR AUTHORIZED13
554	550		BY A COURT ORDER, AN ADMINISTRATIVE ORDER, OR A PEACE OFFICER OR14
555	551		BY OPERATION OF LAW;15
556	552		(E) THE VEHICLE SIGNIFICANTLY BLOCKS A DRIVEWAY OR16
557	553		ROADWAY ENOUGH TO EFFECTIVELY OBSTRUCT A PERSON'S ACCESS TO THE17
558	554		DRIVEWAY OR ROADWAY ;18
559	555		(F) THE VEHICLE IS PARKED IN AN INDIVIDUALLY DESIGNATED ,19
560	556		RENTED, OR PURCHASED PARKING SPACE OF A RESIDENT ; OR20
561	557		(G) THE VEHICLE IS PARKED IN A PARKING LOT MARKED FOR THE21
562	558		EXCLUSIVE USE OF RESIDENTS; EXCEPT THAT THE NOTICE REQUIRED IN22
563	559		SUBSECTION (3)(a) OF THIS SECTION IS REQUIRED FOR PARKING SPACES23
564	560		THAT ARE DESIGNATED AS VISITOR PARKING .24
565	561		(II) TO IMMOBILIZE A VEHICLE UNDER SUBSECTION (3)(d)(I) OF25
566	562		THIS SECTION, THE VEHICLE IMMOBILIZATION COMPANY MUST PLACE A26
567	563		NOTICE ON THE IMMOBILIZED VEHICLE THAT CONTAINS THE PHONE27
568	564		1117
569	565		-16- NUMBER OF THE COMPANY , THE NORMAL OPERATING HOURS OF THE1
570	566		COMPANY, AND THE PHONE NUMBER TO CONTACT THE COMPANY OUTSIDE2
571	567		OF NORMAL OPERATING HOURS .3
572	568		(e) F
573	569		OR PURPOSES OF THIS SUBSECTION (3), A VEHICLE IS PARKED4
574	570		INAPPROPRIATELY WHEN IT IS PARKED IN A MANNER THAT :5
575	571		(I) V
576	572		IOLATES THE PROCEDURES NECESSARY TO OBTAIN6
577	573		AUTHORIZATION TO PARK IN THE LOT OR SPACE ;7
578	574		(II) F
579	575		AILS TO COMPLY WITH THE PROPERTY OWNER 'S SIGNS OR THE8
580	576		AGREEMENTS OF THE TENANTS ; OR9
581	577		(III) V
582	578		IOLATES A STATUTE, RULE, ORDINANCE, OR RESOLUTION OF10
583	579		THE STATE OR A POLITICAL SUBDIVISION OF THE STATE .11
584	580		(4) (a) A
585	581		VEHICLE IMMOBILIZATION COMPANY SHALL NOT12
586	582		IMMOBILIZE A VEHICLE ON PRIVATE PROPERTY NORMALLY USED FOR13
587	583		PARKING UNLESS:14
588	584		(I) N
589	585		OTICE OF THE PARKING REGULATIONS WAS PROVIDED TO THE15
590	586		VEHICLE OPERATOR UPON ENTERING THE PRIVATE PROPERTY AND PARKING16
591	587		THE VEHICLE; AND17
592	588		(II) N
593	589		OTICE THAT A VEHICLE PARKED IN VIOLATION OF THE18
594	590		REGULATIONS IS SUBJECT TO IMMOBILIZATION AT THE VEHICLE OWNER 'S19
595	591		EXPENSE WAS PROVIDED TO THE VEHICLE OPERATOR UPON ENTERING THE20
596	592		PRIVATE PROPERTY AND PARKING THE VEHICLE .21
597	593		(b) A
598	594		PROPERTY OWNER WITH TENANTS SHALL PROVIDE THE22
599	595		NOTICE DESCRIBED IN THIS SUBSECTION (4) BY ISSUING EACH TENANT A23
600	596		WRITTEN DOCUMENT CONTAINING THE APPLICABLE PARKING REGULATIONS24
601	597		BEFORE THE REGULATIONS ARE ADOPTED OR AMENDED OR BEFORE THE25
602	598		PERSON AGREES TO BE A TENANT.26
603	599		(5) U
604	600		NLESS THE IMMOBILIZATION IS BASED ON AN ORDER GIVEN BY27
605	601		1117
606	602		-17- A PEACE OFFICER, A VEHICLE IMMOBILIZATION COMPANY SHALL NOT1
607	603		IMMOBILIZE A VEHICLE ON PRIVATE PROPERTY BECAUSE THE REAR LICENSE2
608	604		PLATE OF THE VEHICLE OR THE RECORD OBTAINED USING THE SYSTEM3
609	605		DESCRIBED IN SECTION 42-4-2103 (3)(c)(III) INDICATES THAT THE4
610	606		VEHICLE'S REGISTRATION HAS EXPIRED.5
611	607		(6) A VEHICLE IMMOBILIZATION COMPANY SHALL NOT IMMOBILIZE6
612	608		A VEHICLE BECAUSE THE VEHICLE IS INOPERABLE IF THE VEHICLE IS OWNED7
613	609		BY A RESIDENT AND IS PARKED IN THE RESIDENT'S DESIGNATED, RENTED,8
614	610		OR PURCHASED PARKING SPACE OR DRIVEWAY OR IN A MOBILE HOME LOT9
615	611		THAT IS LEASED OR OWNED BY THE RESIDENT .10
616	612		40-10.1-806. Signage required to immobilize a vehicle -11
617	613		effective date. (1) IN ORDER FOR A VEHICLE IMMOBILIZATION COMPANY12
618	614		TO IMMOBILIZE A VEHICLE, THE PROPERTY OWNER MUST HAVE POSTED13
619	615		SIGNAGE THAT:14
620	616		(a) I
621	617		S NOT LESS THAN TWO SQUARE FEET IN SIZE;15
622	618		(b) H
623	619		AS LETTERING NOT LESS THAN ONE INCH IN HEIGHT ;16
624	620		(c) H
625	621		AS LETTERING THAT CONTRASTS SHARPLY IN COLOR WITH THE17
626	622		BACKGROUND ON WHICH TH E LETTERS ARE PLACED AND CONTRASTS18
627	623		SHARPLY WITH THE STRUCTURE THE SIGNS ARE PLACED ON ;19
628	624		(d) C
629	625		ONTAINS THE FOLLOWING INFORMATION IN THE ORDER LISTED20
630	626		BELOW:21
631	627		(I) T
632	628		HE RESTRICTION OR PROHIBITION ON PARKING ;22
633	629		(II) T
634	630		HE TIMES OF THE DAY AND DAYS THAT THE RESTRICTION IS23
635	631		APPLICABLE, BUT, IF THE RESTRICTION APPLIES TWENTY-FOUR HOURS PER24
636	632		DAY, SEVEN DAYS PER WEEK, THE SIGN MUST SAY "AUTHORIZED PARKING25
637	633		O
638	634		NLY";26
639	635		(III) N
640	636		OTICE THAT VIOLATING THE REGULATION SUBJECTS THE27
641	637		1117
642	638		-18- VIOLATING VEHICLE TO BE IMMOBILIZED AT THE VEHICLE OWNER 'S1
643	639		EXPENSE; AND2
644	640		(IV) T
645	641		HE NAME AND TELEPHONE NUMBER OF THE VEHICLE3
646	642		IMMOBILIZATION COMPANY AUTHORIZED TO PERFORM IMMOBILIZATIONS4
647	643		ON THE PRIVATE PROPERTY;5
648	644		(e) I
649	645		S PRINTED IN ENGLISH AND SPANISH;6
650	646		(f) I
651	647		S PERMANENTLY MOUNTED BOTH :7
652	648		(I) A
653	649		T EACH ENTRANCE TO THE PRIVATE PROPERTY SO THAT THE8
654	650		SIGN FACES OUTWARD TOWARD THE STREET AND IS VISIBLE BEFORE AND9
655	651		UPON ENTERING THE PRIVATE PROPERTY ; AND10
656	652		(II) I
657	653		NSIDE THE PRIVATE PROPERTY SO THAT THE SIGN FACES11
658	654		OUTWARD TOWARD THE PARKING AREA ;12
659	655		(g) I
660	656		S NOT OBSTRUCTED FROM VIEW OR PLACED IN A MANNER THAT13
661	657		PREVENTS DIRECT VISIBILITY;14
662	658		(h) I
663	659		S NOT PLACED HIGHER THAN TEN FEET OR LOWER THAN THREE15
664	660		FEET FROM THE SURFACE CLOSEST TO THE SIGN 'S PLACEMENT;16
665	661		(i) H
666	662		AS THE SAME NUMBER OF SIGNS AS THE NUMBER OF17
667	663		LAMPPOSTS IF THE PARKING AREA HAS MORE THAN TEN FREESTANDING18
668	664		LAMPPOSTS ON THE PROPERTY , AND:19
669	665		(I) A
670	666		SIGN IS POSTED ON EACH LAMPPOST; OR20
671	667		(II) A
672	668		SIGN IS POSTED UPRIGHT IN CONSPICUOUS LOCATIONS21
673	669		EVENLY DISTRIBUTED ACROSS THE PARKING AREA .22
674	670		(2) T
675	671		HE SIGNAGE REQUIRED BY THIS SECTION MAY BE COMBINED23
676	672		WITH THE SIGNAGE REQUIRED IN SECTION 40-10.1-405.24
677	673		(3) (a) THIS SECTION IS EFFECTIVE JANUARY 1, 2026.25
678	674		(b) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 2, 2026.26
679	675		40-10.1-807. Patrolling prohibited. A
680	676		VEHICLE IMMOBILIZATION27
681	677		1117
682	678		-19- COMPANY SHALL NOT PATROL OR MONITOR PROPERTY TO ENFORCE1
683	679		PARKING RESTRICTIONS ON BEHALF OF A PROPERTY OWNER .2
684	680		40-10.1-808. Insurance must be provided. I
685	681		N CONNECTION WITH3
686	682		AN IMMOBILIZATION, A VEHICLE IMMOBILIZATION COMPANY SHALL4
687	683		PROVIDE, UPON REQUEST, EVIDENCE OF THE VEHICLE IMMOBILIZATION5
688	684		COMPANY'S COMMERCIAL LIABILITY INSURANCE COVERAGE , INCLUDING6
689	685		MOTOR VEHICLE LIABILITY COVERAGE, TO AN AUTHORIZED OR INTERESTED7
690	686		PERSON.8
691	687		40-10.1-809. Payment requirements - itemized bills. (1) (a) A9
692	688		VEHICLE IMMOBILIZATION COMPANY SHALL IMMEDIATELY ACCEPT10
693	689		PAYMENT IF OFFERED IN CASH OR BY VALID MAJOR CREDIT CARD . UPON11
694	690		PAYMENT, THE VEHICLE IMMOBILIZATION COMPANY SHALL RELEASE THE12
695	691		VEHICLE TO AN AUTHORIZED OR INTERESTED PERSON .13
696	692		(b)
697	693		A VEHICLE IMMOBILIZATION COMPANY SHALL DISCLOSE14
698	694		ACCEPTED FORMS OF PAYMENT , INCLUDING THOSE FORMS REQUIRED TO BE15
699	695		ACCEPTED IN ACCORDANCE WITH SUBSECTION (1)(a) OF THIS SECTION.16
700	696		(2) A
701	697		VEHICLE IMMOBILIZATION COMPANY SHALL PROVIDE TO AN17
702	698		AUTHORIZED OR INTERESTED PERSON AN ITEMIZED BILL SHOWING EACH18
703	699		CHARGE AND THE RATE FOR EACH FEE INCURRED AS A RESULT OF AN19
704	700		IMMOBILIZATION AND ANY FEE THAT CAUSED THE IMMOBILIZATION .20
705	701		40-10.1-810. Release requirements - notice - private property21
706	702		- release for nonconsensual tow. (1) I
707	703		F A VEHICLE IMMOBILIZATION22
708	704		COMPANY HAS IMMOBILIZED A VEHICLE ON PRIVATE PROPERTY , THE23
709	705		VEHICLE IMMOBILIZATION COMPANY SHALL GIVE THE AUTHORIZED OR24
710	706		INTERESTED PERSON THAT IS HAVING THE VEHICLE RELEASED A WRITTEN25
711	707		NOTICE OF THE PERSON 'S ABILITY TO MAKE A COMPLAINT TO THE26
712	708		COMMISSION. THE NOTICE:27
713	709		1117
714	710		-20- (a) MUST BE WRITTEN IN A CONSPICUOUS TYPEFACE AND FONT ON1
715	711		THE INVOICE, RECEIPT, AND BILL FOR RELEASING THE VEHICLE; AND2
716	712		(b) M
717	713		UST NOT BE IN A TYPEFACE OR FONT THAT IS SMALLER THAN3
718	714		THE OTHER NUMBERS OR WORDS ON THE INVOICE , RECEIPT, OR BILL, AS4
719	715		APPLICABLE.5
720	716		(2) A
721	717		VEHICLE IMMOBILIZATION COMPANY SHALL RELEASE THE6
722	718		MOTOR VEHICLE TO AN AUTHORIZED OR INTERESTED PERSON EITHER :7
723	719		(a) W
724	720		ITHIN ONE HUNDRED TWENTY MINUTES AFTER BEING8
725	721		CONTACTED BY THE AUTHORIZED OR INTERESTED PERSON OUTSIDE OF THE9
726	722		VEHICLE IMMOBILIZATION COMPANY 'S NORMAL BUSINESS HOURS; OR10
727	723		(b) W
728	724		ITHIN NINETY MINUTES AFTER BEING CONTACTED BY THE11
729	725		AUTHORIZED OR INTERESTED PERSON DURING THE VEHICLE12
730	726		IMMOBILIZATION COMPANY 'S NORMAL BUSINESS HOURS.13
731	727		(3) A
732	728		VEHICLE IMMOBILIZATION COMPANY SHALL IMMEDIATELY14
733	729		RELEASE A VEHICLE AND REMOVE THE IMMOBILIZATION DEVICE WITHOUT15
734	730		CHARGE TO A TOWING CARRIER WHEN EVIDENCE IS PRESENTED THAT THE16
735	731		TOWING CARRIER HAS AUTHORIZATION TO CONDUCT A NONCONSENSUAL17
736	732		TOW OR LAW-ENFORCEMENT-DIRECTED TOW.18
737	733		(4) (a) A VEHICLE IMMOBILIZATION COMPANY MAY REMOTELY19
738	734		RELEASE AN IMMOBILIZATION DEVICE FROM A VEHICLE. THE VEHICLE20
739	735		IMMOBILIZATION COMPANY SHALL RETRIEVE THE IMMOBILIZATION DEVICE21
740	736		WITHIN ONE HUNDRED TWENTY MINUTES AFTER RELEASING IT .22
741	737		(b) THE DRIVER OF A REMOTELY RELEASED VEHICLE SHALL MOVE23
742	738		THE IMMOBILIZATION DEVICE FROM THE ROAD SO THAT IT IS NOT A24
743	739		HAZARD TO VEHICLES OR PEDESTRIANS UNLESS THE DRIVER HAS A25
744	740		PHYSICAL LIMITATION THAT MAKES MOVING THE DEVICE UNREASONABLY26
745	741		DIFFICULT OR IMPOSSIBLE. THE OWNER OR OPERATOR NEED NOT RETURN27
746	742		1117
747	743		-21- THE DEVICE TO THE VEHICLE IMMOBILIZATION COMPANY OR A LOCATION1
748	744		SPECIFIED BY THE VEHICLE IMMOBILIZATION COMPANY .2
749	745		40-10.1-811. Partial-payment release - partial charge - form3
750	746		required. (1) (a) A
751	747		VEHICLE IMMOBILIZATION COMPANY SHALL4
752	748		IMMEDIATELY RELEASE AN IMMOBILIZED VEHICLE IF :5
753	749		(I) T
754	750		HE AUTHORIZED OR INTERESTED PERSON PAYS AT LEAST
755	751		SIXTY6
756	752		DOLLARS OF THE AMOUNT OWED TO THE VEHICLE IMMOBILIZATION7
757	753		COMPANY FOR THE IMMOBILIZATION ;8
758	754		(II) T
759	755		HE AUTHORIZED OR INTERESTED PERSON IS NOT A9
760	756		LIENHOLDER OR INSURANCE COMPANY ; AND10
761	757		(III) T
762	758		HE AUTHORIZED OR INTERESTED PERSON COMPLIES WITH11
763	759		SUBSECTION (1)(b) OF THIS SECTION.12
764	760		(b) (I) F
765	761		OR AN AUTHORIZED OR INTERESTED PERSON TO RETRIEVE13
766	762		A VEHICLE WITHOUT PAYING THE VEHICLE IMMOBILIZATION COMP ANY THE14
767	763		TOTAL AMOUNT OWED TO THE COMPANY , THE AUTHORIZED OR15
768	764		INTERESTED PERSON MUST SIGN A FORM AFFIRMING THAT THE16
769	765		AUTHORIZED OR INTERESTED PERSON OWES THE COMPANY PAYMENT FOR17
770	766		FEES THAT COMPLY WITH THIS ARTICLE 10.1 OR ARTICLE 20 OF TITLE 38.18
771	767		K
772	768		NOWINGLY PROVIDING FALSE INFORMATION ON THE FORM IS UNLAWFUL .19
773	769		S
774	770		IGNING THE FORM DOES NOT PROHIBIT AN AUTHORIZED OR INTERESTED20
775	771		PERSON FROM FILING A COMPLAINT WITH THE COMMISSION OR PURSUING21
776	772		OTHER REMEDIES. THE VEHICLE IMMOBILIZATION COMPANY MAY USE THE22
777	773		FORM TO TAKE REASONABLE ACTIONS TO COLLECT THE DEBT .23
778	774		R
779	775		EASONABLE ACTIONS INCLUDE INITIATING A COURT ACTION OR USING A24
780	776		COLLECTION AGENCY.25
781	777		(II) T
782	778		HE COMMISSION SHALL:26
783	779		(A) C
784	780		REATE THE FORM;27
785	781		1117
786	782		-22- (B) TITLE THE FORM: "IMMOBILIZED VEHICLE RELEASE NOTICE1
787	783		WITH PAYMENT OWED"; AND2
788	784		(C) P
789	785		ROVIDE THE FORM ON THE COMMISSION 'S WEBSITE FOR3
790	786		VEHICLE IMMOBILIZATION COMPANIES TO RETRIEVE AND USE .4
791	787		(c) T
792	788		O RELEASE A VEHICLE IN ACCORDANCE WITH SUBSECTION5
793	789		(1)(a)
794	790		OF THIS SECTION, A VEHICLE IMMOBILIZATION COMPANY SHALL NOT6
795	791		REQUIRE A PERSON TO UNDERGO AN APPROVAL PROCESS , OTHER THAN7
796	792		SIGNING THE FORM CREATED PURSUANT TO SUBSECTION (1)(b) OF THIS8
797	793		SECTION.9
798	794		(2) (a) A
799	795		VEHICLE IMMOBILIZATION COMPANY SHALL CHARGE A10
800	796		REDUCED RELEASE CHARGE IN AN AMOUNT SET BY THE COMMISSION TO11
801	797		RELEASE A VEHICLE IF THE VEHICLE IS RELEASED AFTER AN EMPLOYEE OF12
802	798		OR AGENT OF THE VEHICLE IMMOBILIZATION COMPANY STARTS TO13
803	799		IMMOBILIZE THE VEHICLE BUT BEFORE THE AGENT OR EMPLOYEE LEAVES14
804	800		THE PRIVATE PROPERTY.15
805	801		(b) I
806	802		F APPROACHED BY AN AUTHORIZED OR INTERESTED PERSON16
807	803		BEFORE THE VEHICLE IS IMMOBILIZED ON PRIVATE PROPERTY , THE VEHICLE17
808	804		IMMOBILIZATION COMPANY SHALL NOTIFY THE AUTHORIZED OR18
809	805		INTERESTED PERSON THAT THE COMPANY IS REQUIRED TO RELEASE THE19
810	806		VEHICLE UPON REQUEST OF THE AUTHORIZED OR INTERESTED PERSON AND20
811	807		PAYMENT OF THE CHARGE DESCRIBED IN SUBSECTION (2)(a) OF THIS21
812	808		SECTION.22
813	809		(c) U
814	810		PON REQUEST BY THE AUTHORIZED OR INTERESTED PERSON23
815	811		AND PAYMENT OF THE CHARGE DESCRIBED IN SUBSECTION (2)(a) OF THIS24
816	812		SECTION, THE VEHICLE IMMOBILIZATION COMPANY SHALL IMMEDIATELY25
817	813		STOP AN IMMOBILIZATION IN PROGRESS ON PRIVATE PROPERTY .26
818	814		40-10.1-812. Records. A
819	815		VEHICLE IMMOBILIZATION COMPANY27
820	816		1117
821	817		-23- SHALL RETAIN EVIDENCE, INCLUDING PHOTOGRAPHS OF THE RELEVANT1
822	818		SIGNS AND OF THE VEHICLE, OF GIVING THE NOTICES AND DISCLOSURES2
823	819		REQUIRED IN SECTIONS 40-10.1-802, 40-10.1-805, AND 40-10.1-806 FOR3
824	820		THREE YEARS AFTER THE DATE OF COMPLETION OF AN IMMOBILIZATION4
825	821		AND PROVIDE THE EVIDENCE TO THE COMMISSION OR AN ENFORCEMENT5
826	822		OFFICIAL UPON REQUEST.6
827	823		40-10.1-813. Applicability - exceptions. (1) S
828	824		ECTIONS7
829	825		40-10.1-802
830	826		TO 40-10.1-812 DO NOT APPLY TO:8
831	827		(a) A
832	828		N IMMOBILIZATION ORDERED BY A PEACE OFFICER OR9
833	829		TECHNICIAN DIRECTED BY A PEACE OFFICER IN THE COURSE AND SCOPE OF10
834	830		THE OFFICER'S OR TECHNICIAN'S DUTIES;11
835	831		(b) A
836	832		N IMMOBILIZATION IN A PARKING SPACE THAT SERVES A12
837	833		BUSINESS IF THE PARKING SPACE IS ON COMMERCIAL REAL ESTATE , AS13
838	834		DEFINED IN SECTION 38-22.5-102 (2);
839	835		14
840	836		(c) A
841	837		N IMMOBILIZATION ORDERED BY A MUNICIPALITY , A COUNTY,15
842	838		OR A CITY AND COUNTY OR PERFORMED BY AN
843	839		AGENT OF, CONTRACTOR16
844	840		OF, OR EMPLOYEE OF A MUNICIPALITY, A COUNTY, OR A CITY AND COUNTY;17
845	841		OR18
846	842		(d) AN IMMOBILIZATION IN A PARKING SPACE THAT IS ON19
847	843		FEDERALLY LEASED LAND AND THAT IS USED FOR COMMERCIAL PARKING20
848	844		PURPOSES.21
849	845		40-10.1-814. Kickbacks prohibited. A
850	846		VEHICLE IMMOBILIZATION22
851	847		COMPANY SHALL NOT PAY MONEY OR PROVIDE OTHER VALUABLE23
852	848		CONSIDERATION FOR THE PRIVILEGE OF IMMOBILIZING VEHICLES .24
853	849		40-10.1-815. Rules. T
854	850		HE COMMISSION MAY ADOPT RULES AS25
855	851		NECESSARY AND REASONABLE TO IMPLEMENT THIS PART 8.26
856	852		40-10.1-816. Violators subject to penalties. A
857	853		N IMMOBILIZATION27
858	854		1117
859	855		-24- IN VIOLATION OF SECTIONS 40-10.1-802 TO 40-10.1-812 OR SECTION1
860	856		40-10.1-814
861	857		BY A VEHICLE IMMOBILIZATION COMPANY IS A DECEPTIVE2
862	858		TRADE PRACTICE UNDER SECTION 6-1-105 (1)(iiii) AND IS SUBJECT TO3
863	859		ENFORCEMENT BY THE ATTORNEY GENERAL 'S OFFICE OR A DISTRICT4
864	860		ATTORNEY.
865	861		5
866	862		SECTION 4. In Colorado Revised Statutes, 6-1-105, add (1)(iiii)6
867	863		as follows:7
868	864		6-1-105. Unfair or deceptive trade practices - definitions.8
869	865		(1) A person engages in a deceptive trade practice when, in the course of9
870	866		the person's business, vocation, or occupation, the person:10
871	867		(iiii) I
872	868		S A VEHICLE IMMOBILIZATION COMPANY AND IMMOBILIZES11
873	869		A VEHICLE IN VIOLATION OF SECTIONS 40-10.1-802 TO 40-10.1-812 OR12
874	870		SECTION 40-10.1-814.13
875	871		SECTION 5. Applicability. This act applies to violations14
876	872		committed on or after the effective date of this act.15
877	873		SECTION 6. Safety clause. The general assembly finds,16
878	874		determines, and declares that this act is necessary for the immediate17
879	875		preservation of the public peace, health, or safety or for appropriations for18
880	876		the support and maintenance of the departments of the state and state19
881	877		institutions.20
882	878		1117
883	879		-25-