§ 40-10.1-801 — Permit requirements - fund

Colorado § 40-10.1-801

• Jurisdiction: Colorado
• Title 40: Utilities
• Art.: Motor Carriers

Text

(1) (a) A person shall not operate
or offer to operate as a vehicle immobilization company in intrastate commerce
without first having obtained a permit from the commission in accordance with this
article 10.1.

(b) A person may apply for a permit under this part 8 to the commission in
the form and with the information as the commission requires. Permits are valid for
one year after the date of issuance.

(2) (a) (I) The commission may deny an application for or suspend, revoke, or
refuse to renew a permit issued under this part 8 of a person who has, within the
immediately preceding five years, been convicted of, pled guilty to, or pled nolo
contendere to a felony or immobilization-related offense. The commission may also
deny an application for or suspend, revoke, or refuse to renew a permit of a vehicle
immobilization company based upon a determination that the vehicle immobilization
company or any of its owners, principals, officers, members, partners, or directors
has not satisfied a civil penalty arising out of an administrative or enforcement
action brought by the commission.

(II) A vehicle immobilization company that applies for a permit or that applies
to renew a permit shall disclose to the commission each person that is an owner of,
principal of, officer of, member of, partner of, or director of the vehicle
immobilization company in accordance with rules adopted by the commission.

(b) The commission may deny an application for or suspend, revoke, or refuse
to renew a permit of a vehicle immobilization company based on a determination
that it is not in the public interest for the vehicle immobilization company to
possess a permit. The determination is subject to appeal in accordance with
commission rules. A vehicle immobilization company's possession of a permit is
rebuttably presumed to be not in the public interest if the vehicle immobilization
company has willfully and repeatedly failed to comply with this article 10.1.

(3) (a) Except as otherwise provided in subsection (2) of this section and
section 40-10.1-112 (4), the commission shall issue a permit to a vehicle
immobilization company upon completion of the application and the filing of proof
of workers' compensation insurance coverage in accordance with the Workers'
Compensation Act of Colorado, articles 40 to 47 of title 8, and with the financial
responsibility requirements of this title 40 and may attach to the permit and to the
exercise of the rights granted by the permit any restrictions, terms, and conditions,
including altering the rates and charges of the applicant, as are reasonably deemed
necessary for the protection of the property of the public.

(b) If a vehicle immobilization company violates this article 10.1, any other
applicable provision of law, or a commission rule adopted or commission order
issued under this article 10.1 and as a result is ordered by a court or by the
commission to pay a fine or civil penalty that the vehicle immobilization company
subsequently fails to pay in full within the time prescribed for payment, and not
before the decision imposing the fine or civil penalty becomes a final decision by
the commission, then:

(I) The vehicle immobilization company's permit is revoked; and

(II) The vehicle immobilization company, its owners, principals, officers,
members, partners, and directors, and any other entity owned or operated by one or
more of those owners, principals, officers, members, partners, or directors, may be
disqualified from obtaining or renewing any operating authority under this title 40
for a period of five years after the date on which the fine or civil penalty was due.
The period of disqualification described in this subsection (3)(b)(II) is in addition to,
and not in lieu of, and does not affect any other penalty or period of disqualification,
including the period of disqualification specified in section 40-10.1-112 (4).

(c) A vehicle immobilization company's facilities and vehicles are subject to
inspection by the commission and by authorized personnel of the Colorado state
patrol, which agency shall promptly report to the commission concerning any
violations revealed by an inspection.

(4) The commission may adopt rules as necessary and reasonable to
implement this part 8, rules regarding signage and drop fees, and rules requiring a
vehicle immobilization company to maintain and file with the commission evidence
of financial responsibility and proof of the continued validity of the financial
responsibility.

(5) There is created in the state treasury the vehicle booting cash fund,
referred to in this subsection (5) as the fund, consisting of any fee revenue
collected by the commission pursuant to this part 8 and credited by the state
treasurer into the fund and any other money that the general assembly may
appropriate or transfer to the fund. The money in the fund is continuously
appropriated to the commission for its implementation of this 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.

Legislative History

Source: L. 2019: Entire part added, (SB 19-236), ch. 359, p. 3314, � 21, effective May 30. L. 2025: Entire part amended, (HB 25-1117), ch. 391, p. 2201, � 3, effective June 3.