Colorado 2022 Regular Session

Colorado House Bill HB1314 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0063.02 Jery Payne x2157
1	8		HOUSE BILL 22-1314
2		-	BY REPRESENTATIVE(S) Ricks and Hooton, Amabile, Bacon, Bernett,
3		-	Boesenecker, Cutter, Daugherty, Esgar, Gonzales-Gutierrez, Herod, Kipp,
4		-	Lindsay, Lontine, Sirota, Bird, Exum, Kennedy, Snyder, Titone, Valdez A.,
5		-	Woodrow;
6		-	also SENATOR(S) Gonzales and Sonnenberg, Buckner, Coleman, Coram,
7		-	Danielson, Fields, Gardner, Hansen, Hinrichsen, Jaquez Lewis, Lee,
8		-	Moreno, Pettersen, Rodriguez, Story, Winter, Fenberg.
	9	+	House Committees Senate Committees
	10	+	Business Affairs & Labor Finance
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
9	13		C
10		-	ONCERNING THE RIGHTS OF A PERSON WITH OWNERSHIP INTEREST IN A
11		-	VEHICLE THAT HAS BEEN TOWED FROM PRIVATE PROPERTY WITHOUT
12		-	THE PERSON
13		-	'S CONSENT, AND, IN CONNECTION THEREWITH, MAKING
14		-	AN APPROPRIATION
15		-	.
16		-
17		-	Be it enacted by the General Assembly of the State of Colorado:
18		-	SECTION 1. In Colorado Revised Statutes, 42-4-2103, amend (2),
19		-	(3)(a), (3)(c)(I)(A), (3)(c)(I)(D), and (3)(c)(II); and repeal (4)(b) as follows:
20		-	42-4-2103. Abandonment and nonconsensual towing of motor
21		-	vehicles - private property - rules. (2) (a) (I) Any operator having in his
22		-	or her possession any POSSESSING A motor vehicle that was abandoned on
23		-	private property shall notify, within thirty minutes, the department, the
24		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
25		-	officers and the Governor. To determine whether the Governor has signed the bill
26		-	or taken other action on it, please consult the legislative status sheet, the legislative
27		-	history, or the Session Laws.
28		-	________
29		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30		-	through words or numbers indicate deletions from existing law and such material is not part of
31		-	the act. sheriff, or the sheriff's designee, of the county in which the motor vehicle
32		-	is located or the chief of police, or the chief's designee, of the municipality
33		-	in which the motor vehicle is located. T
34		-	HE NOTICE MUST INCLUDE:
35		-	(A) as to The name of the operator; and
36		-	(B) The location of the impound lot STORAGE FACILITY where the
37		-	vehicle is located; and
38		-	(C) A description of the abandoned motor vehicle, including the
39		-	make, model, color, and year; the number, issuing state, and expiration date
40		-	of the license plate; and the vehicle identification number.
	14	+	ONCERNING THE RIGHTS OF A PERS ON WITH OWNERSHIP INTEREST IN101
	15	+	A VEHICLE THAT HAS BEEN TOWED FROM PRIVATE PROPERTY102
	16	+	WITHOUT THE PERSON 'S
	17	+	CONSENT, AND, IN CONNECTION103
	18	+	THEREWITH, MAKING AN APPROPRIATION .104
	19	+	Bill Summary
	20	+	(Note: This summary applies to this bill as introduced and does
	21	+	not reflect any amendments that may be subsequently adopted. If this bill
	22	+	passes third reading in the house of introduction, a bill summary that
	23	+	applies to the reengrossed version of this bill will be available at
	24	+	http://leg.colorado.gov
	25	+	.)
	26	+	Current law requires a towing carrier (carrier) to notify law
	27	+	enforcement, within 30 minutes after towing an abandoned vehicle, of the
	28	+	carrier's name and the storage location and description of the vehicle. The
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	May 9, 2022
	32	+	SENATE
	33	+	Amended 2nd Reading
	34	+	May 6, 2022
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	April 29, 2022
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	April 28, 2022
	41	+	HOUSE SPONSORSHIP
	42	+	Ricks and Hooton, Amabile, Bacon, Bernett, Boesenecker, Cutter, Daugherty, Esgar,
	43	+	Gonzales-Gutierrez, Herod, Kipp, Lindsay, Lontine, Sirota
	44	+	SENATE SPONSORSHIP
	45	+	Gonzales and Sonnenberg, Buckner, Coleman, Coram, Danielson, Fenberg, Fields,
	46	+	Gardner, Hansen, Hinrichsen, Jaquez Lewis, Lee, Moreno, Pettersen, Rodriguez, Story,
	47	+	Winter
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	50	+	Dashes through the words indicate deletions from existing statute. bill clarifies that the carrier is deemed to have complied if:
	51	+	! The carrier gave the location of the storage facility to law
	52	+	enforcement when obtaining authorization for the tow; or
	53	+	! The carrier made 2 or more attempts within the 30 minutes
	54	+	after the tow to notify a law enforcement agency but was
	55	+	unsuccessful for reasons beyond the control of the carrier.
	56	+	When a carrier tows a vehicle without the owner's or lienholder's
	57	+	consent, current law requires the carrier to notify the department of
	58	+	revenue, the owner, and the lienholder of the tow between 2 and 10 days
	59	+	after the tow, thus imposing a 2-day waiting period before notification.
	60	+	The bill repeals this waiting period and instead requires notice within 10
	61	+	days after the tow. The carrier is authorized to use a telephone to notify
	62	+	the owner or lienholder. Current law also denies the carrier daily storage
	63	+	fees if the carrier fails to reasonably notify the owner and lienholder. The
	64	+	bill forbids daily storage fees until the carrier has sent the required notice
	65	+	to the owner and lienholder.
	66	+	The bill requires that carriers that are towing a vehicle from private
	67	+	property without the owner's, operator's, or lienholder's consent:
	68	+	! Charge the same fees for tows made without the owner's
	69	+	consent as the carrier charges for tows made with the
	70	+	owner's consent. These fees must be filed with the public
	71	+	utilities commission (PUC) and posted at the carrier's
	72	+	storage location.
	73	+	! Accept cash and major credit cards, as defined by rule of
	74	+	the PUC, and, upon request, disclose the accepted forms of
	75	+	payment;
	76	+	! Not charge storage fees for a day on which the carrier did
	77	+	not store the vehicle;
	78	+	! Before connecting to a vehicle, photographically document
	79	+	the vehicle's condition and the reason for the tow. Failure
	80	+	to produce documentation of the vehicle's condition or the
	81	+	reason for the tow creates a rebuttable presumption that any
	82	+	damages to the vehicle were caused by the carrier or that
	83	+	the tow was not authorized.
	84	+	! Maintain an area at each storage facility with lighting
	85	+	adequate to inspect a vehicle for damage;
	86	+	! Upon demand of the owner, retrieve the vehicle or the
	87	+	contents of the towed vehicle or allow the owner to retrieve
	88	+	the vehicle or the contents;
	89	+	! Obtain authorization from the property owner, leaseholder,
	90	+	or common interest community within 24 hours before
	91	+	towing a vehicle from private property;
	92	+	! Give 24 hours' written notice before removing a vehicle
	93	+	from a parking spot or the common areas of a
	94	+	condominium, cooperative, apartment, or mobile home
	95	+	1314
	96	+	-2- park;
	97	+	! Upon request, provide evidence of the carrier's insurance
	98	+	coverages;
	99	+	! Have a sign at storage facilities that states the name,
	100	+	telephone number, and hours of operation of the carrier's
	101	+	business;
	102	+	! Upon request, provide an itemized bill showing each
	103	+	charge and the rate for each fee that the person has
	104	+	incurred;
	105	+	! Give a written notice of the ability to make a complaint to
	106	+	the PUC;
	107	+	! To perform a nonconsensual tow, other than for an
	108	+	abandoned motor vehicle, from private property normally
	109	+	used for parking, the property owner must have provided
	110	+	adequate signs communicating the parking regulations that
	111	+	subject a vehicle to being towed; and
	112	+	! Unless ordered by a peace officer, not tow a vehicle from
	113	+	private property because the rear license plate shows the
	114	+	vehicle registration is expired.
	115	+	A carrier's mechanic's lien is abolished if the carrier tows a vehicle
	116	+	from private property without the owner's, operator's, or lienholder's
	117	+	consent.
	118	+	If a carrier fails to comply with the provisions of the bill, the
	119	+	carrier may not charge or retain any fees or charges for the services
	120	+	performed with respect to the vehicle and must return any fees it collected
	121	+	with respect to the vehicle. It is an affirmative defense in any action to
	122	+	collect towing fees that the carrier failed to comply with these provisions.
	123	+	If a carrier damages a vehicle or violates these provisions in a manner that
	124	+	causes damages and refuses to reimburse the owner, operator, or
	125	+	lienholder, the owner or lienholder may recover attorney fees.
	126	+	The carrier and an owner or lienholder may use mediation to
	127	+	resolve disputes involving nonconsensual tows. Any mediated agreement
	128	+	may be submitted to the office of tow hearings (office), which is created
	129	+	in the bill, and a court, both of which are authorized to enforce the
	130	+	agreement.
	131	+	The office is created within the PUC to adjudicate disputes
	132	+	between carriers and owners or lienholders when a vehicle is towed from
	133	+	private property without the owner's or lienholder's consent. The office
	134	+	will employ hearing officers or use administrative law judges to govern
	135	+	proceedings and to hold hearings to determine whether a carrier violated
	136	+	the law or caused damages. The office may order carriers to reimburse
	137	+	owners or lienholders, and this reimbursement may include attorney fees.
	138	+	The final actions of the office are subject to judicial review in accordance
	139	+	with the "State Administrative Procedure Act".
	140	+	Carriers are required to record certain information about each
	141	+	1314
	142	+	-3- nonconsensual tow, retain the information in their records for 3 years, and
	143	+	produce the records within 48 hours upon request.
	144	+	A carrier is prohibited from paying money or other valuable
	145	+	consideration to a landowner or business for the privilege of
	146	+	nonconsensually towing vehicles.
	147	+	It is a deceptive trade practice to violate the provisions of the bill,
	148	+	and the attorney general is responsible for enforcement.
	149	+	Be it enacted by the General Assembly of the State of Colorado:1
	150	+	SECTION 1. In Colorado Revised Statutes, 42-4-2103, amend2
	151	+	(2), (3)(a), (3)(c)(I)(A),
	152	+	(3)(c)(I)(D), (3)(c)(II), and (4) introductory3
	153	+	portion; and repeal (4)(b) as follows:4
	154	+	42-4-2103. Abandonment and nonconsensual towing of motor5
	155	+	vehicles - private property - rules. (2) (a) (I) Any operator having in his6
	156	+	or her possession any POSSESSING A motor vehicle that was abandoned on7
	157	+	private property shall notify, within thirty minutes, the department, the8
	158	+	sheriff, or the sheriff's designee, of the county in which the motor vehicle9
	159	+	is located or the chief of police, or the chief's designee, of the10
	160	+	municipality in which the motor vehicle is located. T
	161	+	HE NOTICE MUST11
	162	+	INCLUDE:12
	163	+	(A) as to
	164	+	The name of the operator; and13
	165	+	(B) The location of the impound lot STORAGE FACILITY where the14
	166	+	vehicle is located; and15
	167	+	(C) A description of the abandoned motor vehicle, including the16
	168	+	make, model, color, and year; the number, issuing state, and expiration17
	169	+	date of the license plate; and the vehicle identification number.18
41	170		(II) A
42		-	N OPERATOR IS DEEMED TO HAVE COMPLIED ~~WITH SUBSECTION~~
43		-	(2)(a)(I) OF THIS SECTION IF:
	171	+	N OPERATOR IS DEEMED TO HAVE COMPLIED WITH19
	172	+	SUBSECTION (2)(a)(I) OF THIS SECTION IF:20
44	173		(A) T
45		-	HE OPERATOR GAVE THE LOCATION OF THE STORAGE FACILITY
46		-	TO THE LAW ENFORCEMENT AGENCY WHEN OBTAINING AUTHORIZATION FOR
47		-	THE TOW
48		-	; OR
49		-	(B) THE OPERATOR MADE TWO OR MORE ATTEMPTS , WITHIN THE
50		-	THIRTY MINUTES REQUIRED IN SUBSECTION
51		-	(2)(a)(I) OF THIS SECTION, TO
52		-	NOTIFY THE RESPONSIBLE LAW ENFORCEMENT AGENCY BUT WAS
53		-	UNSUCCESSFUL FOR REASONS BEYOND THE CONTROL OF THE OPERATOR
54		-	.
	174	+	HE OPERATOR GAVE THE LOCATION OF THE STORAGE21
	175	+	FACILITY TO THE LAW ENFORCEMENT AGENCY WHEN OBTAINING22
	176	+	1314-4- AUTHORIZATION FOR THE TOW ; OR1
	177	+	(B) T
	178	+	HE OPERATOR MADE TWO OR MORE ATTEMPTS , WITHIN THE2
	179	+	THIRTY MINUTES REQUIRED IN SUBSECTION (2)(a)(I) OF THIS SECTION, TO3
	180	+	NOTIFY THE RESPONSIBLE LAW ENFORCEMENT AGENCY BUT WAS4
	181	+	UNSUCCESSFUL FOR REASONS BEYOND THE CONTROL OF THE OPERATOR .5
55	182		(b) Upon such notification
56		-	RECEIVING THE NOTICE REQUIRED IN
	183	+	RECEIVING THE NOTICE REQUIRED IN6
	184	+	SUBSECTION (2)(a) OF THIS SECTION, the law enforcement agency that7
	185	+	receives such THE notice shall:8
	186	+	(I) Assign the vehicle a tow report number immediately;9
	187	+	(II) shall Enter the vehicle and the fact that it has been towed in10
	188	+	the Colorado crime information center computer system; and11
	189	+	(III) shall Ascertain, if possible, whether or not the vehicle has12
	190	+	been reported stolen, and, if so, reported, such THE agency shall:13
	191	+	(A) Recover and secure the motor vehicle;14
	192	+	(B) and Notify its rightful owner; and15
	193	+	(C) Terminate the abandonment proceedings under this part 21.16
	194	+	(c) Upon the release of the vehicle to the owner or lienholder, the17
	195	+	operator shall notify the responsible law enforcement agent, who shall18
	196	+	adjust or delete the entry in the Colorado crime information center19
	197	+	computer system. The responsible law enforcement agency and operator20
	198	+	shall have the right to recover from the owner their reasonable fees for21
	199	+	recovering and securing the vehicle. Nothing in this section shall be22
	200	+	construed to authorize AUTHORIZES fees for services that were not23
	201	+	provided or that were provided by another person or entity.24
	202	+	(3) (a) N
	203	+	OT MORE THAN TEN DAYS AFTER A MOTOR VEHICLE HAS25
	204	+	BEEN TOWED, an operator shall no less than two days, but no more than
	205	+	26
	206	+	ten days after a motor vehicle has been towed or abandoned, report such27
	207	+	1314
	208	+	-5- THE motor vehicle tow to the department by first-class or certified mail,1
	209	+	by personal delivery, or by internet communication. which THE report2
	210	+	shall MUST be on a form prescribed and supplied by the department.3
	211	+	(c) (I) (A) N
	212	+	OT MORE THAN TEN DAYS AFTER A MOTOR VEHICLE4
	213	+	HAS BEEN TOWED, an operator or its agent shall no less than two days, but
	214	+	5
	215	+	no more than ten days after a motor vehicle has been towed or abandoned,6
	216	+	determine who the owner is and if WHETHER there is a lienholder and7
	217	+	send NOTIFY THE OWNER AND ANY LIENHOLDER BY SENDING a notice8
	218	+	by certified mail, return receipt requested, to the address of the owner and9
	219	+	any lienholder as determined from records of the department or from the10
	220	+	national search performed by the department
	221	+	IN ACCORDANCE WITH11
	222	+	SUBSECTION (3)(c)(IV) OF THIS SECTION.
	223	+	AN OPERATOR SHOULD WAIT12
	224	+	TWENTY-FOUR HOURS AFTER THE TOW TO NOTIFY THE OWNER AND ANY13
	225	+	LIENHOLDER AND SEND THE NOTICE AS SOON AS REASONABLY PRACTICAL14
	226	+	AFTER THE TWENTY-FOUR HOURS. AN OPERATOR SHALL NOT CHARGE15
	227	+	MORE THAN SEVENTY-FIVE DOLLARS TO SEND THE NOTICE.16
	228	+	(D) The cost of complying with this paragraph (c) SUBSECTION17
	229	+	(3)(c) is a cost of towing. except that the total of all costs of complying18
	230	+	with this section shall not exceed one hundred fifty dollars. The tow19
	231	+	operator shall send the notice to the owner and lienholder within five days20
	232	+	after receiving the information from the department IN ACCORDANCE WITH21
	233	+	SUBSECTION (3)(c)(I)(A) OF THIS SECTION.22
	234	+	(II) The operator shall IS not be entitled to recover any daily23
	235	+	storage fees from the day the vehicle is towed until the day the
	236	+	OPERATOR24
	237	+	SENDS THE owner and ANY lienholder are notified, unless the operator
	238	+	25
	239	+	reasonably attempts to notify the owner and lienholder by the date26
	240	+	specified in subparagraph (I) of this paragraph (c). Sending a notice by27
	241	+	1314
	242	+	-6- certified mail, return receipt requested, to the owner and the lienholder as1
	243	+	represented in department records shall be deemed a reasonable attempt2
	244	+	to notify the owner and the lienholder. Failure to notify the owner and the3
	245	+	lienholder due to the receipt of erroneous information from the4
	246	+	department shall not cause the loss of such storage fees accrued from the5
	247	+	date the vehicle is towed until the owner and the lienholder receive such6
	248	+	notice THE NOTICE REQUIRED IN SUBSECTION (3)(c)(I) OF THIS SECTION;7
	249	+	EXCEPT THAT THE OPERATOR MAY CHARGE FOR THE FIRST TWENTY -FOUR8
	250	+	HOURS OF STORAGE IN ACCORDANCE WITH SECTION 40-10.1-405 (1)(c)(I).9
	251	+	(4) Within three days after the receipt of the records set forth in10
	252	+	subsection (3)(c) of this section from the department, the operator shall11
	253	+	notify by certified mail the owner of record, including an out-of-state12
	254	+	owner of record. The operator shall make a reasonable effort to ascertain13
	255	+	the address of the owner of record. The notice must contain the following14
	256	+	information:15
	257	+	(b) The claim of any lien under section 42-4-2105;16
	258	+	SECTION 2. In Colorado Revised Statutes, 42-4-2104, amend17
	259	+	(1)(a) and (4) as follows:18
	260	+	42-4-2104. Appraisal of abandoned motor vehicles - sale.19
	261	+	(1) (a) TO SELL A motor vehicles that are VEHICLE THAT WAS abandoned20
	262	+	on private property, shall be appraised and sold by the operator MUST21
	263	+	SELL THE MOTOR VEHICLE in a commercially reasonable manner at a22
	264	+	public or private sale held not less than thirty days nor more than sixty23
	265	+	days after the postmarked date the notice was mailed pursuant to section24
	266	+	42-4-2103 (4) or the date the operator receives notice that no record exists25
	267	+	for such vehicle. Such sale shall be made THE OPERATOR MUST MAKE THE26
	268	+	SALE to a licensed motor vehicle dealer or wholesaler, or wholesale motor27
	269	+	1314
	270	+	-7- vehicle auction dealer, or through a classified newspaper advertisement1
	271	+	published in Colorado. THE APPRAISAL MUST BE PERFORMED BY AN2
	272	+	INDEPENDENT THIRD PERSON. For purposes of this section, a sale shall not3
	273	+	be considered IS NOT commercially reasonable if: 4
	274	+	(I) The vehicle's appraisal value is more than three hundred fifty5
	275	+	dollars and the vehicle is sold to an officer or partner of the operator that6
	276	+	has possession of the vehicle or to any other person with a proprietary7
	277	+	interest in such THE operator; OR8
	278	+	(II) THE OPERATOR FAILS TO SET THE SALE PRICE AT THE TIME OF9
	279	+	SALE, LIST THE FAIR MARKET PRICE AT THE TIME OF SALE, OR REPORT THE10
	280	+	SALE; OR REPORT THE SALE PRICE TO THE DEPARTMENT WITHIN FIVE11
	281	+	BUSINESS DAYS AFTER THE SALE.12
	282	+	(4) Transferring the title of a motor vehicle to an operator to13
	283	+	satisfy a debt covered by a lien created pursuant to this part 21 shall14
	284	+	INCURRED IN TOWING AN ABANDONED VEHICLE IS not be deemed to be the15
	285	+	sale of a motor vehicle.16
	286	+	SECTION 3. In Colorado Revised Statutes, 42-4-2105, amend17
	287	+	(1) and (3) as follows:18
	288	+	42-4-2105. Liens upon towed motor vehicles. (1) (a) Whenever19
	289	+	IN ACCORDANCE WITH THE ATTACHMENT SCHEDULE IN SUBSECTION (1)(b)20
	290	+	OF THIS SECTION, an operator who is registered with the department in21
	291	+	accordance with subsection (2) of this section recovers, removes, or stores22
	292	+	a motor vehicle upon instructions from the owner of record
	293	+	OR any other23
	294	+	legally
	295	+	authorized person in control of such THE motor vehicle, or from24
	296	+	the owner or lessee of real property upon which a motor vehicle is25
	297	+	illegally parked or such ABANDONED OR THE owner's or lessee's agent26
	298	+	authorized in writing, such THE operator shall have HAS a possessory lien,27
	299	+	1314
	300	+	-8- subject to the provisions of section 42-4-2103 (3), upon such THE motor1
	301	+	vehicle and its attached accessories, equipment, and personal property for2
	302	+	all the costs and fees for recovering, towing, and storage as authorized in3
	303	+	section 42-4-2108. Such THE lien shall be IS a first and prior lien on the4
	304	+	motor vehicle, and such lien shall be IS satisfied before all other charges5
	305	+	against such THE motor vehicle. This subsection (1) shall not apply to6
	306	+	personal property if subsection (3) of this section applies to such personal7
	307	+	property.8
	308	+	(b) THE LIEN GRANTED IN SUBSECTION (1)(a) OF THIS SECTION9
	309	+	ATTACHES TO THE MOTOR VEHICLE IN ACCORDANCE WITH THE FOLLOWING10
	310	+	SCHEDULE:11
	311	+	(I) IF THE OPERATOR RECOVERED , REMOVED, OR STORED THE12
	312	+	MOTOR VEHICLE UPON INSTRUCTIONS FROM THE OWNER OF RECORD OR13
	313	+	ANY OTHER LEGALLY AUTHORIZED PERSON IN CONTROL OF THE MOTOR14
	314	+	VEHICLE, THE LIEN ATTACHES TO THE MOTOR VEHICLE WHEN THE15
	315	+	OPERATOR TAKES POSSESSION OF THE MOTOR VEHICLE ; OR16
	316	+	(II) IF THE OPERATOR RECOVERED , REMOVED, OR STORED THE17
	317	+	MOTOR VEHICLE UPON INSTRUCTIONS OF THE OWNER OR LESSEE OF REAL18
	318	+	PROPERTY UPON WHICH A MOTOR VEHICLE WAS ILLEGALLY PARKED OR19
	319	+	ABANDONED OR UPON THE OWNER'S OR LESSEE'S AGENT AUTHORIZED IN20
	320	+	WRITING, THE LIEN ATTACHES TO THE MOTOR VEHICLE THIRTY DAYS AFTER21
	321	+	THE POSTMARKED DATE THE NOTICE WAS MAILED IN ACCORDANCE WITH22
	322	+	SECTION 42-4-2103 (4) OR THE DATE THE OPERATOR RECEIVED NOTICE23
	323	+	THAT NO RECORD EXISTS FOR THE MOTOR VEHICLE .24
	324	+	(3) If the operator obtains personal property from an abandoned25
	325	+	vehicle that has been towed pursuant to this part 21 and if the serial or26
	326	+	identification number of such property has been visibly altered or27
	327	+	1314
	328	+	-9- removed, the operator shall not have a lien upon such property and shall1
	329	+	destroy or discard such property within five days after disposing of such2
	330	+	THE vehicle pursuant to sections 42-4-2104 and 42-4-2107.3
	331	+	SECTION 4. In Colorado Revised Statutes, amend 42-4-2106 as4
	332	+	follows:5
	333	+	42-4-2106. Perfection of lien. The lien provided for in section6
	334	+	42-4-2105 shall be IS perfected by taking physical possession of the motor7
	335	+	vehicle and its attached accessories, equipment, or personal property and8
	336	+	by sending to the department, within ten working days after the time9
	337	+	possession was taken, a notice containing the information required in the10
	338	+	report to be made under the provisions of section 42-4-2103. In addition,11
	339	+	such THE LIEN IS NOT PERFECTED UNTIL THE LIEN ATTACHES IN12
	340	+	ACCORDANCE WITH THE SCHEDULE DESCRIBED IN SECTION 42-4-210513
	341	+	(1)(b). THE report shall MUST contain a declaration by the operator that a14
	342	+	possessory lien is claimed for all past, present, and future charges, up to15
	343	+	the date of redemption, and that the lien is enforceable and may be16
	344	+	foreclosed pursuant to the provisions of this part 21.17
	345	+	SECTION 5. In Colorado Revised Statutes, amend 42-4-2107 as18
	346	+	follows:19
	347	+	42-4-2107. Sale of abandoned vehicle. (1) A
	348	+	N OPERATOR MAY20
	349	+	SELL any motor vehicle and its attached accessories and equipment or21
	350	+	personal property within or attached to such
	351	+	THE vehicle that are not22
	352	+	redeemed by the last-known owner of record or lienholder after such23
	353	+	owner or lienholder has been sent notice of such lien by the operator shall24
	354	+	be sold in accordance with the provisions of section 42-4-2104 THE25
	355	+	NOTICE WAS SENT IN ACCORDANCE WITH SECTION 42-4-2104 (1).26
	356	+	(2) Within five days after foreclosure of the lien pursuant to this27
	357	+	1314
	358	+	-10- section AT LEAST FIVE DAYS BEFORE A VEHICLE IS SOLD IN ACCORDANCE1
	359	+	WITH SUBSECTION (1) OF THIS SECTION, the operator shall send a notice to2
	360	+	the law enforcement agency having jurisdiction over the operator. Such3
	361	+	notice shall THE NOTICE MUST contain a list of personal property found4
	362	+	within the abandoned vehicle that has an intact serial or identification5
	363	+	number and such EACH serial or identification number. Such notification6
	364	+	shall be made THE OPERATOR SHALL DELIVER THE NOTICE by certified7
	365	+	mail, facsimile machine, or personal delivery.8
	366	+	SECTION 6. In Colorado Revised Statutes, 42-4-2108, amend9
	367	+	(1), (2) introductory portion, and (2)(c); and repeal (2)(b) as follows:10
	368	+	42-4-2108. Proceeds of sale. (1) (a) If the sale of any motor11
	369	+	vehicle, personal property, and attached accessories or equipment under12
	370	+	the provisions of section 42-4-2104 produces an amount less than or13
	371	+	equal to the sum of all charges of the operator, who has perfected his or14
	372	+	her lien, then the operator shall have HAS a valid claim against the owner15
	373	+	for the full amount of such THE charges, less the amount received upon16
	374	+	the sale of such motor vehicle. A
	375	+	N OPERATOR DOES NOT HAVE A VALID17
	376	+	CLAIM IF THE OPERATOR HAS VIOLATED SECTION 40-10.1-405.18
	377	+	(b) Failure to register such
	378	+	A vehicle in accordance with this title19
	379	+	shall constitute TITLE 42 IS DEEMED a waiver of such THE owner's right to20
	380	+	be notified pursuant to this part 21. for the purposes of foreclosure of the21
	381	+	lien pursuant to section 42-4-2107. Such Charges shall be SPECIFIED IN22
	382	+	SUBSECTION (1)(a) OF THIS SECTION ARE assessed in the manner provided23
	383	+	for in paragraph (a) of subsection (2) IN ACCORDANCE WITH SUBSECTION24
	384	+	(2)(a) of this section.25
	385	+	(2) If the sale of any motor vehicle and its attached accessories or26
	386	+	equipment under the provisions of section 42-4-2104 produces an amount27
	387	+	1314
	388	+	-11- greater than the sum of all charges of the operator who has perfected his1
	389	+	or her THE OPERATOR'S lien:2
	390	+	(b) Any balance remaining after payment pursuant to paragraphs3
	391	+	(a) and (a.5) of this subsection (2) shall be forwarded to the department,4
	392	+	and the department may recover from such balance any taxes, fees, and5
	393	+	penalties due to it with respect to such motor vehicle. The department6
	394	+	shall provide a receipt to the operator within seven days after receiving7
	395	+	the money if the operator provides the department with a postage-paid,8
	396	+	self-addressed envelope.9
	397	+	(c) (I) THE OPERATOR SHALL PAY any balance remaining after10
	398	+	payment pursuant to paragraph (b) of this subsection (2) shall be paid by11
	399	+	the department: MAKING THE PAYMENT REQUIRED IN SUBSECTION (2)(a.5)12
	400	+	OF THIS SECTION IN ACCORDANCE WITH THE FOLLOWING :13
	401	+	(A) First, to any lienholder of record as the lienholder's interest14
	402	+	may appear upon the records of the department;15
	403	+	(B) Second, to any owner of record as the owner's interest may so16
	404	+	appear; and17
	405	+	(C) then THIRD, to any person submitting proof of such THE18
	406	+	person's interest in such THE motor vehicle upon the application of such19
	407	+	THE lienholder, owner, or person.20
	408	+	(II) If such payments are not requested and made within One21
	409	+	hundred twenty days after the sale of the abandoned motor vehicle, the22
	410	+	OPERATOR SHALL TRANSFER THE balance, shall be transmitted AFTER23
	411	+	MAKING THE PAYMENT REQUIRED UNDER SUBSECTIONS (2)(a) TO (2)(c)(I)24
	412	+	OF THIS SECTION, to the state treasurer, who shall credit the same to the25
	413	+	highway users tax fund for allocation and expenditure as specified in26
	414	+	section 43-4-205 (5.5)(e), C.R.S. UNCLAIMED PROPERTY TRUST FUND,27
	415	+	1314
	416	+	-12- CREATED IN SECTION 38-13-801, AND DISPOSED OF IN ACCORDANCE WITH1
	417	+	ARTICLE 13 OF TITLE 38.2
	418	+	SECTION 7. In Colorado Revised Statutes, 40-10.1-101, amend3
	419	+	(13); and add (1.5), (4.5), and (6.5) as follows:4
	420	+	40-10.1-101. Definitions. As used in this article 10.1, unless the5
	421	+	context otherwise requires:6
	422	+	(1.5) "A
	423	+	UTHORIZED OR INTERESTED PERSON " MEANS:7
	424	+	(a) T
	425	+	HE VEHICLE OWNER, AUTHORIZED OPERATOR, OR AUTHORIZED8
	426	+	AGENT OF THE OWNER OF THE VEHICLE ;9
	427	+	(b) T
	428	+	HE LIENHOLDER OF THE VEHICLE OR AGENT OF THE10
	429	+	LIENHOLDER OF THE VEHICLE; OR11
	430	+	(c)
	431	+	IF THE OWNER SIGNS A RELEASE AUTHORIZING AN INSURANCE12
	432	+	COMPANY TO ACT ON BEHALF OF THE OWNER , THE INSURANCE COMPANY13
	433	+	OR AGENT OF THE INSURANCE COMPANY PROVIDING INSURANCE14
	434	+	COVERAGE ON THE VEHICLE.15
	435	+	(4.5) "C
	436	+	OMMON PARKING AREA " MEANS ANY PART OF THE16
	437	+	FOLLOWING AREAS THAT ARE NORMALLY USED FOR PARKING , SUCH AS THE17
	438	+	SIDE OF A STREET OR PARKING SPACES, THAT AN OWNER DOES NOT HAVE18
	439	+	THE RIGHT TO EXCLUDE OTHER RESIDENTS OF THE FOLLOWING FROM USING19
	440	+	FOR PARKING:20
	441	+	(a) A
	442	+	CONDOMINIUM, AS DEFINED IN SECTION 38-33.3-103 (9);21
	443	+	(b) A
	444	+	COOPERATIVE, AS DEFINED IN SECTION 38-33.3-103 (10);22
	445	+	(c) A
	446	+	MULTIFAMILY BUILDING, WHICH IS ALSO KNOWN AS AN23
	447	+	APARTMENT COMPLEX , WITH SEPARATE LIVING QUARTERS THAT ARE24
	448	+	RENTED OR LEASED SEPARATELY ; OR25
	449	+	(d) A
	450	+	MOBILE HOME PARK, AS DEFINED IN SECTION 38-12-201.5 (6).26
	451	+	(6.5) "D
	452	+	ROP FEE" MEANS A FEE A TOWING OPERATOR CHARGES TO27
	453	+	1314
	454	+	-13- UNHOOK A VEHICLE FROM A TOW TRUCK .1
	455	+	(13) "Nonconsensual towing", or "nonconsensual tow", "TOWED2
	456	+	NONCONSENSUALLY ", "NONCONSENSUALLY TOW ", OR "TOWED WITHOUT3
	457	+	CONSENT" means the transportation of a motor vehicle by tow truck FROM4
	458	+	PRIVATE PROPERTY if such THE transportation is performed without the5
	459	+	prior consent or authorization of:6
	460	+	(a) The owner or OF THE VEHICLE, AUTHORIZED operator OF THE7
	461	+	VEHICLE, OR AGENT OF THE OWNER of the motor vehicle;8
	462	+	(b) T
	463	+	HE LIENHOLDER OF THE VEHICLE OR AGENT OF THE9
	464	+	LIENHOLDER, UNLESS THE VEHICLE IS BEING TOWED FOR THE PURPOSE OF10
	465	+	REPOSSESSION UNDER A LIEN AGREEMENT ; OR11
	466	+	(c) I
	467	+	F THE OWNER SIGNS A RELEASE AUTHORIZING AN INSURANCE12
	468	+	COMPANY TO ACT ON BEHALF OF THE OWNER , THE INSURANCE COMPANY13
	469	+	OR AGENT OF THE INSURANCE COMPANY PROVIDING INSURANCE14
	470	+	COVERAGE ON THE VEHICLE.15
	471	+	SECTION 8. In Colorado Revised Statutes, 40-10.1-111, amend
	472	+	16
	473	+	(1)(c)(I) as follows:17
	474	+	40-10.1-111. Filing, issuance, and annual fees. (1) A motor18
	475	+	carrier shall pay the commission the following fees in amounts prescribed19
	476	+	in this section or, if not prescribed in this section, as set administratively20
	477	+	by the commission with approval of the executive director of the21
	478	+	department of regulatory agencies:22
	479	+	(c) (I) The filing fee for a permit to operate under part 4 or part 823
	480	+	of this article 10.1 is one hundred fifty dollars ADMINISTRATIVELY SET BY24
	481	+	THE COMMISSION TO COVER THE DIRECT AND INDIRECT COST OF25
	482	+	IMPLEMENTING PARTS 4 AND 8 OF THIS ARTICLE 10.1, BUT THE FEE26
	483	+	AMOUNT MUST BE APPROVED BY THE EXECUTIVE DIRECTOR OF THE27
	484	+	1314
	485	+	-14- DEPARTMENT OF REGULATORY AGENCIES .1
	486	+	2
	487	+	SECTION 9. In Colorado Revised Statutes, 40-10.1-401, amend3
	488	+	(2) as follows:4
	489	+	40-10.1-401. Permit requirements. (2) (a) The commission may5
	490	+	deny an application OR REFUSE TO RENEW A PERMIT under this part 4 of6
	491	+	a person who has, within the immediately preceding five years, been7
	492	+	convicted of, or pled guilty or nolo contendere to, a felony OR A8
	493	+	TOWING-RELATED OFFENSE. The commission may also deny an9
	494	+	application under this part 4 or refuse to renew the permit of a towing10
	495	+	carrier based upon a determination that the towing carrier or any of its11
	496	+	owners, principals, officers, members, partners, or directors has not12
	497	+	satisfied a civil penalty arising out of any administrative or enforcement13
	498	+	action brought by the commission.14
	499	+	(b) THE COMMISSION MAY DENY AN APPLICATION OR REFUSE TO15
	500	+	RENEW A PERMIT OF A TOWING CARRIER UNDER THIS PART 4 BASED ON A16
	501	+	DETERMINATION THAT THERE IS GOOD CAUSE TO BELIEVE THE ISSUANCE17
	502	+	OF OR RENEWAL OF THE PERMIT IS NOT IN THE PUBLIC INTEREST. THE18
	503	+	DETERMINATION IS SUBJECT TO APPEAL IN ACCORDANCE WITH19
	504	+	COMMISSION RULES.20
	505	+	SECTION 10. In Colorado Revised Statutes, 40-10.1-403,21
	506	+	amend (5)(a); and add (4)(d)(I)(C), (4)(d)(I)(D), (4)(d)(I)(E),22
	507	+	(4)(d)(I)(F), (4)(d)(I)(G), (4)(d)(I)(H), and (5)(c) as follows:23
	508	+	40-10.1-403. Towing task force - creation - rules - repeal.24
	509	+	(4) (d) (I) By December 1 of each year, the commission shall make a25
	510	+	report to the house of representatives transportation and local government26
	511	+	committee, the house of representatives business affairs and labor27
	512	+	1314
	513	+	-15- committee, the senate business, labor, and technology committee, and the1
	514	+	senate transportation and energy committee, or any successor committees.2
	515	+	The report must:3
	516	+	(C) INCLUDE THE ANALYSIS REQUIRED IN SUBSECTION (5)(C) OF4
	517	+	THIS SECTION;5
	518	+	(D) INCLUDE THE TASK FORCE'S DEFINITION OF CONSENSUAL TOW6
	519	+	AND NONCONSENSUAL TOW ;7
	520	+	(E) INCLUDE THE RANGE OF DOLLAR AMOUNTS CONSIDERED WHEN8
	521	+	SETTING ALL RATES RELATED TO CHARGES BY TOWING CARRIERS FOR9
	522	+	NONCONSENSUAL TOWS, INCLUDING INFORMATION CONSIDERED FOR THE10
	523	+	MINIMUM AND MAXIMUM RATES FOR ALL FEES CHARGED, THE FORMULAS11
	524	+	FOR DETERMINING THE ACTUAL COST AND MARKET RATE FOR THE FINAL12
	525	+	FEES SET FOR ALL RATES, A SUMMARY OF ANY PUBLIC COMMENT OR13
	526	+	FEEDBACK PROVIDED RELATED TO THE RATES SET, AND ANY OTHER14
	527	+	INFORMATION THE TASK FORCE TOOK INTO CONSIDERATION WHEN15
	528	+	ESTABLISHING ALL RATES;16
	529	+	(F) INCLUDE THE TIMES, INCLUDING THE SHORTEST, MEAN,17
	530	+	MEDIAN, MODE, AND LONGEST, TO SETTLE COMPLAINTS MADE TO THE18
	531	+	COMMISSION;19
	532	+	(G) INCLUDE THE CATEGORIES OF COMPLAINTS AND THE NUMBER20
	533	+	OF COMPLAINTS IN EACH CATEGORY ; AND21
	534	+	(H) INCLUDE A LIST OF THE TOWING CARRIERS THAT HAVE BEEN22
	535	+	ISSUED A PERMIT, THE NUMBER OF VALID COMPLAINTS AGAINST EACH23
	536	+	CARRIER, AND THE ACTION TAKEN BY THE COMMISSION IN RESPONSE TO24
	537	+	EACH VALID COMPLAINT.25
	538	+	(5) The task force has the following duties and powers:26
	539	+	(a) To make comprehensive recommendations to the commission27
	540	+	1314
	541	+	-16- about the maximum rates that may be charged for the recovery, towing,1
	542	+	and storage of a vehicle that has been towed without the owner's consent.2
	543	+	The task force shall make comprehensive recommendations to the3
	544	+	commission about the maximum rates after July 1, 2022, but no later than4
	545	+	September 1, 2022 November 1, 2022.5
	546	+	(c) TO ANALYZE AND MAKE RECOMMENDATIONS TO THE6
	547	+	COMMISSION ABOUT NONCONSENSUAL TOWING RATES CHARGED TO THE7
	548	+	PUBLIC. IN ANALYZING NONCONSENSUAL RATES, THE TASK FORCE SHALL8
	549	+	TAKE INTO ACCOUNT CURRENT CONSENSUAL TOWING MARKET RATES AND9
	550	+	THEIR RELATIONSHIP TO NONCONSENSUAL TOWING RATES .10
	551	+	SECTION 11. In Colorado Revised Statutes, add 40-10.1-405,11
	552	+	40-10.1-406, 40-10.1-407, 40-10.1-408, 40-10.1-409, and 40-10.1-410 as12
	553	+	follows:13
	554	+	40-10.1-405. Nonconsensual tows - rights of owners, operators,14
	555	+	and lienholders - rules. (1) Towing fees. (a) TOWING CARRIERS SHALL15
	556	+	PROMINENTLY DISPLAY AT THEIR PLACE OF BUSINESS AND ON ANY16
	557	+	WEBSITE OF THE TOWING CARRIER THE CURRENT MAXIMUM RATES17
	558	+	PERMITTED BY RULE OF THE COMMISSION FOR EACH TOW SERVICE18
	559	+	PROVIDED BY THE TOWING CARRIER. THE SIGN MUST INCLUDE THE19
	560	+	FOLLOWING STATEMENT: "THE MAXIMUM PERMITTED RATE IS BASED UPON20
	561	+	RULES OF THE PUBLIC UTILITIES COMMISSION, AND IF THERE ARE21
	562	+	CONCERNS OR QUESTIONS ABOUT THESE RATES OR THE TOWING CARRIER,22
	563	+	THEN CALL THE PUBLIC UTILITIES COMMISSION CONSUMER AFFAIRS23
	564	+	HOTLINE AT 303-894-2070. 24
	565	+	(b) (I) A TOWING CARRIER SHALL ACCEPT:25
	566	+	(A) C
	567	+	ASH;26
	568	+	(B)
	569	+	MAJOR CREDIT CARDS; AND27
	570	+	1314
	571	+	-17- (C) OTHER FORMS OF PAYMENT REQUIRED BY RULE OF THE1
	572	+	COMMISSION.2
	573	+	(II) T
	574	+	HE COMMISSION SHALL PROMULGATE A RULE DEFINING WHAT3
	575	+	QUALIFIES AS A MAJOR CREDIT CARD FOR THE PURPOSES OF THIS4
57	576		SUBSECTION
58		-	(2)(a) OF THIS SECTION, the law enforcement agency that
59		-	receives such
60		-	THE notice shall:
61		-	(I) Assign the vehicle a tow report number immediately;
62		-	(II) shall
63		-	Enter the vehicle and the fact that it has been towed in the
64		-	Colorado crime information center computer system; and
65		-	(III) shall Ascertain, if possible, whether or not the vehicle has been
66		-	reported stolen, and, if so, reported, such THE agency shall:
67		-	(A) Recover and secure the motor vehicle;
68		-	(B) and
69		-	Notify its rightful owner; and
70		-	PAGE 2-HOUSE BILL 22-1314 (C) Terminate the abandonment proceedings under this part 21.
71		-	(c) Upon the release of the vehicle to the owner or lienholder, the
72		-	operator shall notify the responsible law enforcement agent, who shall
73		-	adjust or delete the entry in the Colorado crime information center computer
74		-	system. The responsible law enforcement agency and operator shall
75		-	have
76		-	the right to recover from the owner their reasonable fees for recovering and
77		-	securing the vehicle. Nothing in this section shall be construed to authorize
78		-	AUTHORIZES fees for services that were not provided or that were provided
79		-	by another person or entity.
80		-	(3) (a) N
81		-	OT MORE THAN TEN DAYS AFTER A MOTOR VEHICLE HAS
82		-	BEEN TOWED
83		-	, an operator shall no less than two days, but no more than ten
84		-	days after a motor vehicle has been towed or abandoned, report such THE
85		-	motor vehicle tow to the department by first-class or certified mail, by
86		-	personal delivery, or by internet communication. which THE report shall
87		-	MUST be on a form prescribed and supplied by the department.
88		-	(c) (I) (A) N
89		-	OT MORE THAN TEN DAYS AFTER A MOTOR VEHICLE HAS
90		-	BEEN TOWED
91		-	, an operator or its agent shall no less than two days, but no
92		-	more than ten days after a motor vehicle has been towed or abandoned,
93		-	determine who the owner is and if WHETHER there is a lienholder and send
94		-	NOTIFY THE OWNER AND ANY LIENHOLDER BY SENDING a notice by certified
95		-	mail, return receipt requested, to the address of the owner and any
96		-	lienholder as determined from records of the department or from the
97		-	national search performed by the department
98		-	IN ACCORDANCE WITH
99		-	SUBSECTION
100		-	(3)(c)(IV) OF THIS SECTION. AN OPERATOR SHOULD WAIT
101		-	TWENTY
102		-	-FOUR HOURS AFTER THE TOW TO NOTIFY THE OWNER AND ANY
103		-	LIENHOLDER AND SEND THE NOTICE AS SOON AS REASONABLY PRACTICAL
104		-	AFTER THE TWENTY
105		-	-FOUR HOURS. AN OPERATOR SHALL NOT CHARGE MORE
106		-	THAN SEVENTY
107		-	-FIVE DOLLARS TO SEND THE NOTICE.
108		-	(D) The cost of complying with this paragraph (c)
109		-	SUBSECTION
110		-	(3)(c) is a cost of towing. except that the total of all costs of complying with
111		-	this section shall not exceed one hundred fifty dollars. The tow operator
112		-	shall send the notice to the owner and lienholder within five days after
113		-	receiving the information from the department
114		-	IN ACCORDANCE WITH
115		-	SUBSECTION
116		-	(3)(c)(I)(A) OF THIS SECTION.
117		-	(II) The operator shall
118		-	IS not be entitled to recover any daily storage
119		-	PAGE 3-HOUSE BILL 22-1314 fees from the day the vehicle is towed until the day the OPERATOR SENDS
120		-	THE
121		-	owner and ANY lienholder are notified, unless the operator reasonablyattempts to notify the owner and lienholder by the date specified in
122		-	subparagraph (I) of this paragraph (c). Sending a notice by certified mail,
123		-	return receipt requested, to the owner and the lienholder as represented in
124		-	department records shall be deemed a reasonable attempt to notify the
125		-	owner and the lienholder. Failure to notify the owner and the lienholder due
126		-	to the receipt of erroneous information from the department shall not cause
127		-	the loss of such storage fees accrued from the date the vehicle is towed until
128		-	the owner and the lienholder receive such notice THE NOTICE REQUIRED IN
129		-	SUBSECTION
130		-	(3)(c)(I) OF THIS SECTION; EXCEPT THAT THE OPERATOR MAY
131		-	CHARGE FOR THE FIRST TWENTY
132		-	-FOUR HOURS OF STORAGE IN ACCORDANCE
133		-	WITH SECTION
134		-	40-10.1-405 (1)(c)(I).
135		-	(4) Within three days after the receipt of the records set forth in
136		-	subsection (3)(c) of this section from the department, the operator shall
137		-	notify by certified mail the owner of record, including an out-of-state owner
138		-	of record. The operator shall make a reasonable effort to ascertain the
139		-	address of the owner of record. The notice must contain the following
140		-	information:
141		-	(b) The claim of any lien under section 42-4-2105;
142		-	SECTION 2. In Colorado Revised Statutes, 42-4-2104, amend
143		-	(1)(a) and (4) as follows:
144		-	42-4-2104. Appraisal of abandoned motor vehicles - sale.
145		-	(1) (a) T
146		-	O SELL A motor vehicles that are
147		-	VEHICLE THAT WAS abandoned on
148		-	private property, shall be appraised and sold by the operator MUST SELL THE
149		-	MOTOR VEHICLE
150		-	in a commercially reasonable manner at a public or private
151		-	sale held not less than thirty days nor more than sixty days after the
152		-	postmarked date the notice was mailed pursuant to section 42-4-2103 (4) or
153		-	the date the operator receives notice that no record exists for such vehicle.
154		-	Such sale shall be made
155		-	THE OPERATOR MUST MAKE THE SALE to a licensed
156		-	motor vehicle dealer or wholesaler, or wholesale motor vehicle auction
157		-	dealer, or through a classified newspaper advertisement published in
158		-	Colorado. T
159		-	HE APPRAISAL MUST BE PERFORMED BY AN INDEPENDENT THIRD
160		-	PERSON
161		-	. For purposes of this section, a sale shall not be considered IS NOT
162		-	commercially reasonable if:
163		-	PAGE 4-HOUSE BILL 22-1314 (I) The vehicle's appraisal value is more than three hundred fifty
164		-	dollars and the vehicle is sold to an officer or partner of the operator that
165		-	has possession of the vehicle or to any other person with a proprietary
166		-	interest in such
167		-	THE operator; OR
168		-	(II) THE OPERATOR FAILS TO SET THE SALE PRICE AT THE TIME OF
169		-	SALE
170		-	, LIST THE FAIR MARKET PRICE AT THE TIME OF SALE, OR REPORT THE
171		-	SALE
172		-	; OR REPORT THE SALE PRICE TO THE DEPARTMENT WITHIN FIVE
173		-	BUSINESS DAYS AFTER THE SALE
174		-	.
175		-	(4) Transferring the title of a motor vehicle to an operator to satisfy
176		-	a debt covered by a lien created pursuant to this part 21 shall
177		-	INCURRED IN
178		-	TOWING AN ABANDONED VEHICLE IS
179		-	not be
180		-	deemed to be the sale of a motor
181		-	vehicle.
182		-	SECTION 3. In Colorado Revised Statutes, 42-4-2105, amend (1)
183		-	and (3) as follows:
184		-	42-4-2105. Liens upon towed motor vehicles. (1) (a) Whenever
185		-	IN ACCORDANCE WITH THE ATTACHMENT SCHEDULE IN SUBSECTION (1)(b)
186		-	OF THIS SECTION, an operator who is registered with the department in
187		-	accordance with subsection (2) of this section recovers, removes, or stores
188		-	a motor vehicle upon instructions from the owner of record
189		-	OR any other
190		-	legally authorized person in control of such THE motor vehicle, or from the
191		-	owner or lessee of real property upon which a motor vehicle is illegally
192		-	parked or such
193		-	ABANDONED OR THE owner's or lessee's agent authorized in
194		-	writing, such THE operator shall have HAS a possessory lien, subject to the
195		-	provisions of section 42-4-2103 (3), upon such THE motor vehicle and its
196		-	attached accessories, equipment, and personal property for all the costs and
197		-	fees for recovering, towing, and storage as authorized in section 42-4-2108.
198		-	Such
199		-	THE lien shall be IS a first and prior lien on the motor vehicle, and
200		-	such lien shall be IS satisfied before all other charges against such THE
201		-	motor vehicle. This subsection (1) shall not apply to personal property if
202		-	subsection (3) of this section applies to such personal property.
203		-	(b) THE LIEN GRANTED IN SUBSECTION (1)(a) OF THIS SECTION
204		-	ATTACHES TO THE MOTOR VEHICLE IN ACCORDANCE WITH THE FOLLOWING
205		-	SCHEDULE
206		-	:
207		-	(I) I
208		-	F THE OPERATOR RECOVERED, REMOVED, OR STORED THE MOTOR
209		-	PAGE 5-HOUSE BILL 22-1314 VEHICLE UPON INSTRUCTIONS FROM THE OWNER OF RECORD OR ANY OTHER
210		-	LEGALLY AUTHORIZED PERSON IN CONTROL OF THE MOTOR VEHICLE
211		-	, THE
212		-	LIEN ATTACHES TO THE MOTOR VEHICLE WHEN THE OPERATOR TAKES
213		-	POSSESSION OF THE MOTOR VEHICLE
214		-	; OR
215		-	(II) IF THE OPERATOR RECOVERED , REMOVED, OR STORED THE
216		-	MOTOR VEHICLE UPON INSTRUCTIONS OF THE OWNER OR LESSEE OF REAL
217		-	PROPERTY UPON WHICH A MOTOR VEHICLE WAS ILLEGALLY PARKED OR
218		-	ABANDONED OR UPON THE OWNER
219		-	'S OR LESSEE'S AGENT AUTHORIZED IN
220		-	WRITING
221		-	, THE LIEN ATTACHES TO THE MOTOR VEHICLE THIRTY DAYS AFTER
222		-	THE POSTMARKED DATE THE NOTICE WAS MAILED IN ACCORDANCE WITH
223		-	SECTION
224		-	42-4-2103 (4) OR THE DATE THE OPERATOR RECEIVED NOTICE THAT
225		-	NO RECORD EXISTS FOR THE MOTOR VEHICLE
226		-	.
227		-	(3) If the operator obtains personal property from an abandoned
228		-	vehicle that has been towed pursuant to this part 21 and if the serial or
229		-	identification number of such property has been visibly altered or removed,
230		-	the operator shall not have a lien upon such property and
231		-	shall destroy or
232		-	discard such property within five days after disposing of such THE vehicle
233		-	pursuant to sections 42-4-2104 and 42-4-2107.
234		-	SECTION 4. In Colorado Revised Statutes, amend 42-4-2106 as
235		-	follows:
236		-	42-4-2106. Perfection of lien. The lien provided for in section
237		-	42-4-2105 shall be IS perfected by taking physical possession of the motor
238		-	vehicle and its attached accessories, equipment, or personal property and by
239		-	sending to the department, within ten working days after the time
240		-	possession was taken, a notice containing the information required in the
241		-	report to be made under the provisions of
242		-	section 42-4-2103. In addition,
243		-	such THE LIEN IS NOT PERFECTED UNTIL THE LIEN ATTACHES IN
244		-	ACCORDANCE WITH THE SCHEDULE DESCRIBED IN SECTION
245		-	42-4-2105 (1)(b).
246		-	T
247		-	HE report shall
248		-	MUST contain a declaration by the operator that a
249		-	possessory lien is claimed for all past, present, and future charges, up to the
250		-	date of redemption, and that the lien is enforceable and may be foreclosed
251		-	pursuant to the provisions of this part 21.
252		-	SECTION 5. In Colorado Revised Statutes, amend 42-4-2107 as
253		-	follows:
254		-	PAGE 6-HOUSE BILL 22-1314 42-4-2107. Sale of abandoned vehicle. (1) A N OPERATOR MAY
255		-	SELL
256		-	any motor vehicle and its attached accessories and equipment or
257		-	personal property within or attached to such
258		-	THE vehicle that are not
259		-	redeemed by the last-known owner of record or lienholder after such owner
260		-	or lienholder has been sent notice of such lien by the operator shall be sold
261		-	in accordance with the provisions of section 42-4-2104 THE NOTICE WAS
262		-	SENT IN ACCORDANCE WITH SECTION
263		-	42-4-2104 (1).
264		-	(2) Within five days after foreclosure of the lien pursuant to thissection AT LEAST FIVE DAYS BEFORE A VEHICLE IS SOLD IN ACCORDANCE
265		-	WITH SUBSECTION
266		-	(1) OF THIS SECTION, the operator shall send a notice to
267		-	the law enforcement agency having jurisdiction over the operator. Suchnotice shall THE NOTICE MUST contain a list of personal property found
268		-	within the abandoned vehicle that has an intact serial or identification
269		-	number and such
270		-	EACH serial or identification number. Such notification
271		-	shall be made THE OPERATOR SHALL DELIVER THE NOTICE by certified mail,
272		-	facsimile machine, or personal delivery.
273		-	SECTION 6. In Colorado Revised Statutes, 42-4-2108, amend (1),
274		-	(2) introductory portion, and (2)(c); and repeal (2)(b) as follows:
275		-	42-4-2108. Proceeds of sale. (1) (a) If the sale of any motor
276		-	vehicle, personal property, and attached accessories or equipment under the
277		-	provisions of section 42-4-2104 produces an amount less than or equal to
278		-	the sum of all charges of the operator, who has perfected his or her lien,
279		-	then the operator shall have HAS a valid claim against the owner for the full
280		-	amount of such THE charges, less the amount received upon the sale of such
281		-	motor vehicle. A
282		-	N OPERATOR DOES NOT HAVE A VALID CLAIM IF THE
283		-	OPERATOR HAS VIOLATED SECTION
284		-	40-10.1-405.
285		-	(b) Failure to register such
286		-	A vehicle in accordance with this title
287		-	shall constitute TITLE 42 IS DEEMED a waiver of such THE owner's right to
288		-	be notified pursuant to this part 21. for the purposes of foreclosure of the
289		-	lien pursuant to section 42-4-2107. Such Charges shall be SPECIFIED IN
290		-	SUBSECTION
291		-	(1)(a) OF THIS SECTION ARE assessed in the manner providedfor in paragraph (a) of subsection (2) IN ACCORDANCE WITH SUBSECTION
292		-	(2)(a) of this section.
293		-	(2) If the sale of any motor vehicle and its attached accessories or
294		-	equipment under the provisions of section 42-4-2104 produces an amount
295		-	PAGE 7-HOUSE BILL 22-1314 greater than the sum of all charges of the operator who has perfected his or
296		-	her THE OPERATOR'S lien:
297		-	(b) Any balance remaining after payment pursuant to paragraphs (a)
298		-	and (a.5) of this subsection (2) shall be forwarded to the department, and the
299		-	department may recover from such balance any taxes, fees, and penalties
300		-	due to it with respect to such motor vehicle. The department shall provide
301		-	a receipt to the operator within seven days after receiving the money if the
302		-	operator provides the department with a postage-paid, self-addressed
303		-	envelope.
304		-	(c) (I) THE OPERATOR SHALL PAY any balance remaining after
305		-	payment pursuant to paragraph (b) of this subsection (2) shall be paid by the
306		-	department: MAKING THE PAYMENT REQUIRED IN SUBSECTION (2)(a.5) OF
307		-	THIS SECTION IN ACCORDANCE WITH THE FOLLOWING
308		-	:
309		-	(A) First, to any lienholder of record as the lienholder's interest may
310		-	appear upon the records of the department;
311		-	(B) Second, to any owner of record as the owner's interest may so
312		-	appear; and
313		-	(C) then
314		-	THIRD, to any person submitting proof of such THE person's
315		-	interest in such THE motor vehicle upon the application of such THE
316		-	lienholder, owner, or person.
317		-	(II) If such payments are not requested and made within One
318		-	hundred twenty days after the sale of the abandoned motor vehicle, the
319		-	OPERATOR SHALL TRANSFER THE balance, shall be transmitted
320		-	AFTER
321		-	MAKING THE PAYMENT REQUIRED UNDER SUBSECTIONS
322		-	(2)(a) TO (2)(c)(I) OF
323		-	THIS SECTION
324		-	, to the state treasurer, who shall credit the same to the
325		-	highway users tax fund for allocation and expenditure as specified in
326		-	section 43-4-205 (5.5)(e), C.R.S. UNCLAIMED PROPERTY TRUST FUND ,
327		-	CREATED IN SECTION 38-13-801, AND DISPOSED OF IN ACCORDANCE WITH
328		-	ARTICLE
329		-	13 OF TITLE 38.
330		-	SECTION 7. In Colorado Revised Statutes, 40-10.1-101, amend
331		-	(13); and add (1.5), (4.5), and (6.5) as follows:
332		-	40-10.1-101. Definitions. As used in this article 10.1, unless the
333		-	PAGE 8-HOUSE BILL 22-1314 context otherwise requires:
334		-	(1.5) "A
335		-	UTHORIZED OR INTERESTED PERSON " MEANS:
	577	+	(1)(b).5
	578	+	(c) A TOWING CARRIER SHALL NOT:6
	579	+	(I) C
	580	+	HARGE STORAGE FEES FOR ANY TWENTY -FOUR-HOUR PERIOD7
	581	+	DURING WHICH THE TOWING CARRIER DID NOT STORE THE
	582	+	VEHICLE, BUT8
	583	+	THE TOWING CARRIER MAY CHARGE, IN ACCORDANCE WITH SECTION9
	584	+	42-4-2103 (3)(c), A PRORATED FEE FOR ANY PART OF A10
	585	+	TWENTY-FOUR-HOUR PERIOD THE TOWING CARRIER STORED THE VEHICLE;11
	586	+	AND12
	587	+	(II) C
	588	+	HARGE OR RETAIN ANY FEES NOT IDENTIFIED IN THE RULES OF13
	589	+	THE COMMISSION FOR THE NONCONSENSUAL TOW OF A VEHICLE FROM14
	590	+	PRIVATE PROPERTY.15
	591	+	(2) Towing carrier document vehicle's condition and reason16
	592	+	for tow - adequate illumination. (a) B
	593	+	EFORE A TOWING CARRIER17
	594	+	CONNECTS A TOWING VEHICLE TO A VEHICLE WITHOUT CONSENT , THE18
	595	+	TOWING CARRIER SHALL DOCUMENT THE VEHICLE 'S CONDITION AND THE19
	596	+	REASON FOR THE TOW BY:20
	597	+	(I) T
	598	+	AKING AT LEAST FOUR PHOTOGRAPHS OF THE VEHICLE , WITH21
	599	+	AT LEAST ONE PHOTOGRAPH TAKEN FROM THE FRONT , ONE PHOTOGRAPH22
	600	+	TAKEN FROM THE REAR, ONE PHOTOGRAPH TAKEN FROM THE DRIVER 'S23
	601	+	SIDE, AND ONE PHOTOGRAPH TAKEN FROM THE PASSENGER 'S SIDE. THESE24
	602	+	PHOTOGRAPHS MUST:25
	603	+	(A) S
	604	+	HOW THE ENTIRE VEHICLE FROM THE REQUIRED ANGLE ;26
	605	+	(B) H
	606	+	AVE THE VEHICLE FILL AT LEAST THREE -FOURTHS OF THE27
	607	+	1314
	608	+	-18- PHOTOGRAPH, MEASURED FROM SIDE TO SIDE; AND1
	609	+	(C) B
	610	+	E RENDERED IN A RESOLUTION OF AT LEAST TWO THOUSAND2
	611	+	PIXELS BY AT LEAST TWO THOUSAND PIXELS .3
	612	+	(II) T
	613	+	AKING A PHOTOGRAPH THAT SHOWS THE REASON FOR THE4
	614	+	VEHICLE BEING TOWED WITHOUT CONSENT . THE PHOTOGRAPH MUST:5
	615	+	(A) S
	616	+	HOW THE POSITION OF THE VEHICLE IN RELATION TO THE6
	617	+	REASON, INCLUDING ANY SIGN, THAT THE VEHICLE WAS TOWED; AND7
	618	+	(B) B
	619	+	E RENDERED IN A RESOLUTION OF AT LEAST TWO THOUSAND8
	620	+	PIXELS BY AT LEAST TWO THOUSAND PIXELS .9
	621	+	(b) U
	622	+	PON DEMAND BY AN AUTHORIZED OR INTERESTED PERSON ,10
	623	+	THE TOWING CARRIER SHALL PROVIDE COPIES OF THE PHOTOGRAPHS11
	624	+	REQUIRED TO BE TAKEN PURSUANT TO SUBSECTION (2)(a)(I) OR (2)(a)(II)12
	625	+	OF THIS SECTION.13
	626	+	(c) (I) A
	627	+	REBUTTABLE PRESUMPTION THAT A TOWING CARRIER14
	628	+	DAMAGED A VEHICLE IS CREATED BY EVIDENCE THAT :15
336	629		(A) T
337		-	HE VEHICLE OWNER, AUTHORIZED OPERATOR, OR AUTHORIZED
338		-	AGENT OF THE OWNER OF THE VEHICLE
339		-	;
	630	+	HE TOWING CARRIER HAS FAILED TO PRODUCE PHOTOGRAPHS16
	631	+	OF THE VEHICLE'S CONDITION IN COMPLIANCE WITH SUBSECTION (2)(b) OF17
	632	+	THIS SECTION; AND18
	633	+	(B) A
	634	+	VEHICLE HAS SUFFERED DAMAGE .19
	635	+	(II) A
	636	+	TOWING CARRIER'S FAILURE TO PRODUCE A PHOTOGRAPH OF20
	637	+	THE REASON FOR THE TOW IN COMPLIANCE WITH SUBSECTION (2)(b) OF21
	638	+	THIS SECTION CREATES A REBUTTABLE PRESUMPTION THAT THE TOWING22
	639	+	CARRIER DID NOT HAVE AUTHORIZATION TO TOW A VEHICLE .23
	640	+	(d) D
	641	+	URING BUSINESS HOURS OR WHEN A VEHICLE IS BEING24
	642	+	RELEASED, A TOWING CARRIER SHALL MAINTAIN AN AREA AT EACH25
	643	+	STORAGE FACILITY WITH LIGHTING THAT IS ADEQUATE TO ALLOW A26
	644	+	PERSON TO INSPECT A VEHICLE FOR DAMAGE PRIOR TO ITS RELEASE FROM27
	645	+	1314
	646	+	-19- STORAGE.1
	647	+	(3) Authorization and notice required for tows from private2
	648	+	property. (a) A
	649	+	TOWING CARRIER SHALL NOT NONCONSENSUALLY TOW3
	650	+	A VEHICLE FROM PRIVATE PROPERTY UNLESS :4
	651	+	(I) T
	652	+	HE VEHICLE IS BEING REPOSSESSED BY A CREDITOR WITH A5
	653	+	LIEN OR SECURITY INTEREST IN THE VEHICLE;6
	654	+	(II) T
	655	+	HE REMOVAL IS EXPRESSLY
	656	+	ORDERED OR AUTHORIZED BY A7
	657	+	COURT ORDER, AN ADMINISTRATIVE ORDER, OR A PEACE OFFICER OR BY8
	658	+	OPERATION OF LAW;9
	659	+	(III) T
	660	+	HE VEHICLE BLOCKS A DRIVEWAY OR ROADWAY ENOUGH TO10
	661	+	EFFECTIVELY OBSTRUCT A PERSON 'S ACCESS TO THE DRIVEWAY OR11
	662	+	ROADWAY; OR12
	663	+	(IV) T
	664	+	HE TOWING CARRIER HAS RECEIVED PERMISSION TO TOW THE13
	665	+	VEHICLE, WITHIN THE TWENTY-FOUR HOURS IMMEDIATELY PRECEDING THE14
	666	+	TOW, FROM:15
	667	+	(A) T
	668	+	HE OWNER OF OR LEASE HOLDER OF THE PRIVATE PROPERTY ;16
	669	+	(B) A
	670	+	PERSON SUBJECT TO THE "COLORADO COMMON INTEREST17
	671	+	O
	672	+	WNERSHIP ACT", ARTICLE 33.3 OF TITLE 38, IF THE PRIVATE PROPERTY18
	673	+	IS LOCATED WITHIN THE BOUNDARIES OF THE PERSON 'S AREA OF19
	674	+	OPERATION; OR20
	675	+	(C) A
	676	+	N AGENT OF A PERSON DESCRIBED IN SUBSECTION21
	677	+	(3)(a)(IV)(A)
	678	+	OR (3)(a)(IV)(B) OF THIS SECTION; EXCEPT THAT THE22
	679	+	TOWING CARRIER DOES NOT QUALIFY AS AN AGENT WITH AUTHORITY TO23
	680	+	GRANT PERMISSION UNDER THIS SUBSECTION (3)(a).24
	681	+	(b) (I) E
	682	+	XCEPT AS PROVIDED IN SUBSECTION
	683	+	(3)(b)(IV) OF THIS25
	684	+	SECTION, A TOWING CARRIER SHALL NOT NONCONSENSUALLY TOW A26
	685	+	VEHICLE FROM A PARKING SPACE OR COMMON PARKING AREA WITHOUT27
	686	+	1314
	687	+	-20- THE TOWING CARRIER OR PROPERTY OWNER GIVING THE VEHICLE OWNER1
	688	+	OR OPERATOR TWENTY-FOUR HOURS' WRITTEN NOTICE, UNLESS:2
	689	+	(A) T
	690	+	HE VEHICLE OWNER OR OPERATOR HAS RECEIVED TWO3
	691	+	PREVIOUS NOTICES FOR PARKING INAPPROPRIATELY IN THE SAME MANNER ;4
340	692		(B) T
341		-	HE LIENHOLDER OF THE VEHICLE OR AGENT OF THE LIENHOLDER
342		-	OF THE VEHICLE
343		-	; OR
344		-	(c) IF THE OWNER SIGNS A RELEASE AUTHORIZING AN INSURANCE
345		-	COMPANY TO ACT ON BEHALF OF THE OWNER
346		-	, THE INSURANCE COMPANY OR
347		-	AGENT OF THE INSURANCE COMPANY PROVIDING INSURANCE COVERAGE ON
348		-	THE VEHICLE
349		-	.
350		-	(4.5) "C
351		-	OMMON PARKING AREA " MEANS ANY PART OF THE
352		-	FOLLOWING AREAS THAT ARE NORMALLY USED FOR PARKING
353		-	, SUCH AS THE
354		-	SIDE OF A STREET OR PARKING SPACES
355		-	, THAT AN OWNER DOES NOT HAVE THE
356		-	RIGHT TO EXCLUDE OTHER RESIDENTS OF THE FOLLOWING FROM USING FOR
357		-	PARKING
358		-	:
359		-	(a) A
360		-	CONDOMINIUM, AS DEFINED IN SECTION 38-33.3-103 (9);
361		-	(b) A
362		-	COOPERATIVE, AS DEFINED IN SECTION 38-33.3-103 (10);
363		-	(c) A
364		-	MULTIFAMILY BUILDING, WHICH IS ALSO KNOWN AS AN
365		-	APARTMENT COMPLEX
366		-	, WITH SEPARATE LIVING QUARTERS THAT ARE RENTED
367		-	OR LEASED SEPARATELY
368		-	; OR
369		-	(d) A MOBILE HOME PARK, AS DEFINED IN SECTION 38-12-201.5 (6).
370		-	(6.5) "D
371		-	ROP FEE" MEANS A FEE A TOWING OPERATOR CHARGES TO
372		-	UNHOOK A VEHICLE FROM A TOW TRUCK
373		-	.
374		-	(13) "Nonconsensual towing", or
375		-	"nonconsensual tow", "TOWED
376		-	NONCONSENSUALLY
377		-	", "NONCONSENSUALLY TOW ", OR "TOWED WITHOUT
378		-	CONSENT
379		-	" means the transportation of a motor
380		-	vehicle by tow truck FROM
381		-	PRIVATE PROPERTY
382		-	if such
383		-	THE transportation is performed without the prior
384		-	consent or authorization of:
385		-	PAGE 9-HOUSE BILL 22-1314 (a) The owner or OF THE VEHICLE, AUTHORIZED operator OF THE
386		-	VEHICLE
387		-	, OR AGENT OF THE OWNER of the motor
388		-	vehicle;
389		-	(b) T
390		-	HE LIENHOLDER OF THE VEHICLE OR AGENT OF THE LIENHOLDER ,
391		-	UNLESS THE VEHICLE IS BEING TOWED FOR THE PURPOSE OF REPOSSESSION
392		-	UNDER A LIEN AGREEMENT
393		-	; OR
394		-	(c) IF THE OWNER SIGNS A RELEASE AUTHORIZING AN INSURANCE
395		-	COMPANY TO ACT ON BEHALF OF THE OWNER
396		-	, THE INSURANCE COMPANY OR
397		-	AGENT OF THE INSURANCE COMPANY PROVIDING INSURANCE COVERAGE ON
398		-	THE VEHICLE
399		-	.
400		-	SECTION 8. In Colorado Revised Statutes, 40-10.1-111, amend
401		-	(1)(c)(I) as follows:
402		-	40-10.1-111. Filing, issuance, and annual fees. (1) A motor carrier
403		-	shall pay the commission the following fees in amounts prescribed in this
404		-	section or, if not prescribed in this section, as set administratively by the
405		-	commission with approval of the executive director of the department of
406		-	regulatory agencies:
407		-	(c) (I) The filing fee for a permit to operate under part 4 or part 8 of
408		-	this article 10.1 is one hundred fifty dollars
409		-	ADMINISTRATIVELY SET BY THE
410		-	COMMISSION TO COVER THE DIRECT AND INDIRECT COST OF IMPLEMENTING
411		-	PARTS
412		-	4 AND 8 OF THIS ARTICLE 10.1, BUT THE FEE AMOUNT MUST BE
413		-	APPROVED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
414		-	REGULATORY AGENCIES
415		-	.
416		-	SECTION 9. In Colorado Revised Statutes, 40-10.1-401, amend
417		-	(2) as follows:
418		-	40-10.1-401. Permit requirements. (2) (a) The commission may
419		-	deny an application
420		-	OR REFUSE TO RENEW A PERMIT under this part 4 of a
421		-	person who has, within the immediately preceding five years, been
422		-	convicted of, or pled guilty or nolo contendere to, a felony
423		-	OR A
424		-	TOWING
425		-	-RELATED OFFENSE. The commission may also deny an application
426		-	under this part 4 or refuse to renew the permit of a towing carrier based
427		-	upon a determination that the towing carrier or any of its owners, principals,
428		-	officers, members, partners, or directors has not satisfied a civil penalty
429		-	arising out of any administrative or enforcement action brought by the
430		-	PAGE 10-HOUSE BILL 22-1314 commission.
431		-	(b) T
432		-	HE COMMISSION MAY DENY AN APPLICATION OR REFUSE TO
433		-	RENEW A PERMIT OF A TOWING CARRIER UNDER THIS PART
434		-	4 BASED ON A
435		-	DETERMINATION THAT THERE IS GOOD CAUSE TO BELIEVE THE ISSUANCE OF
436		-	OR RENEWAL OF THE PERMIT IS NOT IN THE PUBLIC INTEREST
437		-	. THE
438		-	DETERMINATION IS SUBJECT TO APPEAL IN ACCORDANCE WITH COMMISSION
439		-	RULES
440		-	.
441		-	SECTION 10. In Colorado Revised Statutes, 40-10.1-403, amend
442		-	(5)(a); and add (4)(d)(I)(C), (4)(d)(I)(D), (4)(d)(I)(E), (4)(d)(I)(F),
443		-	(4)(d)(I)(G), (4)(d)(I)(H), and (5)(c) as follows:
444		-	40-10.1-403. Towing task force - creation - rules - repeal.
445		-	(4) (d) (I) By December 1 of each year, the commission shall make a report
446		-	to the house of representatives transportation and local government
447		-	committee, the house of representatives business affairs and labor
448		-	committee, the senate business, labor, and technology committee, and the
449		-	senate transportation and energy committee, or any successor committees.
450		-	The report must:
451		-	(C) I
452		-	NCLUDE THE ANALYSIS REQUIRED IN SUBSECTION (5)(c) OF THIS
453		-	SECTION
454		-	;
455		-	(D) I
456		-	NCLUDE THE TASK FORCE'S DEFINITION OF CONSENSUAL TOW
457		-	AND NONCONSENSUAL TOW
458		-	;
459		-	(E) I
460		-	NCLUDE THE RANGE OF DOLLAR AMOUNTS CONSIDERED WHEN
461		-	SETTING ALL RATES RELATED TO CHARGES BY TOWING CARRIERS FOR
462		-	NONCONSENSUAL TOWS
463		-	, INCLUDING INFORMATION CONSIDERED FOR THE
464		-	MINIMUM AND MAXIMUM RATES FOR ALL FEES CHARGED
465		-	, THE FORMULAS FOR
466		-	DETERMINING THE ACTUAL COST AND MARKET RATE FOR THE FINAL FEES SET
467		-	FOR ALL RATES
468		-	, A SUMMARY OF ANY PUBLIC COMMENT OR FEEDBACK
469		-	PROVIDED RELATED TO THE RATES SET
470		-	, AND ANY OTHER INFORMATION THE
471		-	TASK FORCE TOOK INTO CONSIDERATION WHEN ESTABLISHING ALL RATES
472		-	;
473		-	(F) I
474		-	NCLUDE THE TIMES, INCLUDING THE SHORTEST, MEAN, MEDIAN,
475		-	MODE, AND LONGEST, TO SETTLE COMPLAINTS MADE TO THE COMMISSION ;
476		-	(G) I
477		-	NCLUDE THE CATEGORIES OF COMPLAINTS AND THE NUMBER OF
478		-	PAGE 11-HOUSE BILL 22-1314 COMPLAINTS IN EACH CATEGORY ; AND
479		-	(H) INCLUDE A LIST OF THE TOWING CARRIERS THAT HAVE BEEN
480		-	ISSUED A PERMIT
481		-	, THE NUMBER OF VALID COMPLAINTS AGAINST EACH
482		-	CARRIER
483		-	, AND THE ACTION TAKEN BY THE COMMISSION IN RESPONSE TO
484		-	EACH VALID COMPLAINT
485		-	.
486		-	(5) The task force has the following duties and powers:
487		-	(a) To make comprehensive recommendations to the commission
488		-	about the maximum rates that may be charged for the recovery, towing, and
489		-	storage of a vehicle that has been towed without the owner's consent. The
490		-	task force shall make comprehensive recommendations to the commission
491		-	about the maximum rates after July 1, 2022, but no later than September 1,
492		-	2022 November 1, 2022.
493		-	(c) T
494		-	O ANALYZE AND MAKE RECOMMENDATIONS TO THE COMMISSION
495		-	ABOUT NONCONSENSUAL TOWING RATES CHARGED TO THE PUBLIC
496		-	. IN
497		-	ANALYZING NONCONSENSUAL RATES
498		-	, THE TASK FORCE SHALL TAKE INTO
499		-	ACCOUNT CURRENT CONSENSUAL TOWING MARKET RATES AND THEIR
500		-	RELATIONSHIP TO NONCONSENSUAL TOWING RATES
501		-	.
502		-	SECTION 11. In Colorado Revised Statutes, add 40-10.1-405,
503		-	40-10.1-406, 40-10.1-407, 40-10.1-408, 40-10.1-409, and 40-10.1-410 as
504		-	follows:
505		-	40-10.1-405. Nonconsensual tows - rights of owners, operators,
506		-	and lienholders - rules. (1) Towing fees. (a) T
507		-	OWING CARRIERS SHALL
508		-	PROMINENTLY DISPLAY AT THEIR PLACE OF BUSINESS AND ON ANY WEBSITE
509		-	OF THE TOWING CARRIER THE CURRENT MAXIMUM RATES PERMITTED BY
510		-	RULE OF THE COMMISSION FOR EACH TOW SERVICE PROVIDED BY THE
511		-	TOWING CARRIER
512		-	. THE SIGN MUST INCLUDE THE FOLLOWING STATEMENT :
513		-	"T
514		-	HE MAXIMUM PERMITTED RATE IS BASED UPON RULES OF THE PUBLIC
515		-	UTILITIES COMMISSION
516		-	, AND IF THERE ARE CONCERNS OR QUESTIONS ABOUT
517		-	THESE RATES OR THE TOWING CARRIER
518		-	, THEN CALL THE PUBLIC UTILITIES
519		-	COMMISSION CONSUMER AFFAIRS HOTLINE AT
520		-	303-894-2070.
521		-	(b) (I) A
522		-	TOWING CARRIER SHALL ACCEPT:
523		-	(A) C
524		-	ASH;
525		-	PAGE 12-HOUSE BILL 22-1314 (B) MAJOR CREDIT CARDS; AND
526		-	(C) OTHER FORMS OF PAYMENT REQUIRED BY RULE OF THE
527		-	COMMISSION
528		-	.
529		-	(II) T
530		-	HE COMMISSION SHALL PROMULGATE A RULE DEFINING WHAT
531		-	QUALIFIES AS A MAJOR CREDIT CARD FOR THE PURPOSES OF THIS SUBSECTION
532		-	(1)(b).
533		-	(c) A
534		-	TOWING CARRIER SHALL NOT:
535		-	(I) C
536		-	HARGE STORAGE FEES FOR ANY TWENTY -FOUR-HOUR PERIOD
537		-	DURING WHICH THE TOWING CARRIER DID NOT STORE THE VEHICLE
538		-	, BUT THE
539		-	TOWING CARRIER MAY CHARGE
540		-	, IN ACCORDANCE WITH SECTION 42-4-2103
541		-	(3)(c),
542		-	A PRORATED FEE FOR ANY PART OF A TWENTY -FOUR-HOUR PERIOD
543		-	THE TOWING CARRIER STORED THE VEHICLE
544		-	; AND
545		-	(II) CHARGE OR RETAIN ANY FEES NOT IDENTIFIED IN THE RULES OF
546		-	THE COMMISSION FOR THE NONCONSENSUAL TOW OF A VEHICLE FROM
547		-	PRIVATE PROPERTY
548		-	.
549		-	(2) Towing carrier document vehicle's condition and reason for
550		-	tow - adequate illumination. (a) B
551		-	EFORE A TOWING CARRIER CONNECTS
552		-	A TOWING VEHICLE TO A VEHICLE WITHOUT CONSENT
553		-	, THE TOWING CARRIER
554		-	SHALL DOCUMENT THE VEHICLE
555		-	'S CONDITION AND THE REASON FOR THE TOW
556		-	BY
557		-	:
558		-	(I) T
559		-	AKING AT LEAST FOUR PHOTOGRAPHS OF THE VEHICLE , WITH AT
560		-	LEAST ONE PHOTOGRAPH TAKEN FROM THE FRONT
561		-	, ONE PHOTOGRAPH TAKEN
562		-	FROM THE REAR
563		-	, ONE PHOTOGRAPH TAKEN FROM THE DRIVER 'S SIDE, AND
564		-	ONE PHOTOGRAPH TAKEN FROM THE PASSENGER
565		-	'S SIDE. THESE
566		-	PHOTOGRAPHS MUST
567		-	:
568		-	(A) S
569		-	HOW THE ENTIRE VEHICLE FROM THE REQUIRED ANGLE ;
570		-	(B) H
571		-	AVE THE VEHICLE FILL AT LEAST THREE -FOURTHS OF THE
572		-	PHOTOGRAPH
573		-	, MEASURED FROM SIDE TO SIDE; AND
574		-	(C) BE RENDERED IN A RESOLUTION OF AT LEAST TWO THOUSAND
575		-	PIXELS BY AT LEAST TWO THOUSAND PIXELS
576		-	.
577		-	PAGE 13-HOUSE BILL 22-1314 (II) TAKING A PHOTOGRAPH THAT SHOWS THE REASON FOR THE
578		-	VEHICLE BEING TOWED WITHOUT CONSENT
579		-	. THE PHOTOGRAPH MUST:
580		-	(A) S
581		-	HOW THE POSITION OF THE VEHICLE IN RELATION TO THE
582		-	REASON
583		-	, INCLUDING ANY SIGN, THAT THE VEHICLE WAS TOWED; AND
584		-	(B) BE RENDERED IN A RESOLUTION OF AT LEAST TWO THOUSAND
585		-	PIXELS BY AT LEAST TWO THOUSAND PIXELS
586		-	.
587		-	(b) U
588		-	PON DEMAND BY AN AUTHORIZED OR INTERESTED PERSON , THE
589		-	TOWING CARRIER SHALL PROVIDE COPIES OF THE PHOTOGRAPHS REQUIRED
590		-	TO BE TAKEN PURSUANT TO SUBSECTION
591		-	(2)(a)(I) OR (2)(a)(II) OF THIS
592		-	SECTION
593		-	.
594		-	(c) (I) A
595		-	REBUTTABLE PRESUMPTION THAT A TOWING CARRIER
596		-	DAMAGED A VEHICLE IS CREATED BY EVIDENCE THAT
597		-	:
598		-	(A) T
599		-	HE TOWING CARRIER HAS FAILED TO PRODUCE PHOTOGRAPHS
600		-	OF THE VEHICLE
601		-	'S CONDITION IN COMPLIANCE WITH SUBSECTION (2)(b) OF
602		-	THIS SECTION
603		-	; AND
604		-	(B) A VEHICLE HAS SUFFERED DAMAGE .
605		-	(II) A
606		-	TOWING CARRIER'S FAILURE TO PRODUCE A PHOTOGRAPH OF
607		-	THE REASON FOR THE TOW IN COMPLIANCE WITH SUBSECTION
608		-	(2)(b) OF THIS
609		-	SECTION CREATES A REBUTTABLE PRESUMPTION THAT THE TOWING CARRIER
610		-	DID NOT HAVE AUTHORIZATION TO TOW A VEHICLE
611		-	.
612		-	(d) D
613		-	URING BUSINESS HOURS OR WHEN A VEHICLE IS BEING
614		-	RELEASED
615		-	, A TOWING CARRIER SHALL MAINTAIN AN AREA AT EACH STORAGE
616		-	FACILITY WITH LIGHTING THAT IS ADEQUATE TO ALLOW A PERSON TO
617		-	INSPECT A VEHICLE FOR DAMAGE PRIOR TO ITS RELEASE FROM STORAGE
618		-	.
619		-	(3) Authorization and notice required for tows from private
620		-	property. (a) A
621		-	TOWING CARRIER SHALL NOT NONCONSENSUALLY TOW A
622		-	VEHICLE FROM PRIVATE PROPERTY UNLESS
623		-	:
624		-	(I) T
625		-	HE VEHICLE IS BEING REPOSSESSED BY A CREDITOR WITH A LIEN
626		-	OR SECURITY INTEREST IN THE VEHICLE
627		-	;
628		-	PAGE 14-HOUSE BILL 22-1314 (II) THE REMOVAL IS EXPRESSLY ORDERED OR AUTHORIZED BY A
629		-	COURT ORDER
630		-	, AN ADMINISTRATIVE ORDER , OR A PEACE OFFICER OR BY
631		-	OPERATION OF LAW
632		-	;
633		-	(III) T
634		-	HE VEHICLE BLOCKS A DRIVEWAY OR ROADWAY ENOUGH TO
635		-	EFFECTIVELY OBSTRUCT A PERSON
636		-	'S ACCESS TO THE DRIVEWAY OR
637		-	ROADWAY
638		-	; OR
639		-	(IV) THE TOWING CARRIER HAS RECEIVED PERMISSION TO TOW THE
640		-	VEHICLE
641		-	, WITHIN THE TWENTY-FOUR HOURS IMMEDIATELY PRECEDING THE
642		-	TOW
643		-	, FROM:
644		-	(A) T
645		-	HE OWNER OF OR LEASE HOLDER OF THE PRIVATE PROPERTY ;
646		-	(B) A
647		-	PERSON SUBJECT TO THE "COLORADO COMMON INTEREST
648		-	OWNERSHIP ACT", ARTICLE 33.3 OF TITLE 38, IF THE PRIVATE PROPERTY IS
649		-	LOCATED WITHIN THE BOUNDARIES OF THE PERSON
650		-	'S AREA OF OPERATION;
651		-	OR
652		-	(C) AN AGENT OF A PERSON DESCRIBED IN SUBSECTION (3)(a)(IV)(A)
653		-	OR (3)(a)(IV)(B) OF THIS SECTION; EXCEPT THAT THE TOWING CARRIER DOES
654		-	NOT QUALIFY AS AN AGENT WITH AUTHORITY TO GRANT PERMISSION UNDER
655		-	THIS SUBSECTION
656		-	(3)(a).
657		-	(b) (I) E
658		-	XCEPT AS PROVIDED IN SUBSECTION (3)(b)(IV) OF THIS
659		-	SECTION
660		-	, A TOWING CARRIER SHALL NOT NONCONSENSUALLY TOW A
661		-	VEHICLE FROM A PARKING SPACE OR COMMON PARKING AREA WITHOUT THE
662		-	TOWING CARRIER OR PROPERTY OWNER GIVING THE VEHICLE OWNER OR
663		-	OPERATOR TWENTY
664		-	-FOUR HOURS' WRITTEN NOTICE, UNLESS:
665		-	(A) T
666		-	HE VEHICLE OWNER OR OPERATOR HAS RECEIVED TWO
667		-	PREVIOUS NOTICES FOR PARKING INAPPROPRIATELY IN THE SAME MANNER
668		-	;
669		-	(B) T
670		-	HE VEHICLE IS BEING REPOSSESSED BY A CREDITOR WITH A LIEN
671		-	OR SECURITY INTEREST IN THE VEHICLE
672		-	;
	693	+	HE VEHICLE IS BEING REPOSSESSED BY A CREDITOR WITH A5
	694	+	LIEN OR SECURITY INTEREST IN THE VEHICLE;6
673	695		(C) T
674	696		HE REMOVAL IS EXPRESSLY ORDERED OR AUTHORIZED BY A
675		-	COURT ORDER
676		-	, AN ADMINISTRATIVE ORDER , OR A PEACE OFFICER OR BY
677		-	OPERATION OF LAW
678		-	;
679		-	PAGE 15-HOUSE BILL 22-1314 (D) THE VEHICLE BLOCKS A DRIVEWAY OR ROADWAY ENOUGH TO
680		-	EFFECTIVELY OBSTRUCT A PERSON
681		-	'S ACCESS TO THE DRIVEWAY OR
682		-	ROADWAY
683		-	;
684		-	(E) T
685		-	HE VEHICLE IS PARKED IN VIOLATION OF SECTION 42-4-1208 (4)
686		-	OR IN RESERVED PARKING FOR PEOPLE WITH DISABILITIES WITHOUT
687		-	DISPLAYING AN IDENTIFYING PLACARD OR AN IDENTIFYING PLATE
688		-	, AS THOSE
689		-	TERMS ARE DEFINED IN SECTION
690		-	42-3-204 (1)(f) AND (1)(g), THAT IS
691		-	CURRENTLY VALID OR HAS BEEN EXPIRED FOR NO MORE THAN SIXTY DAYS
692		-	;
693		-	(F) T
694		-	HE VEHICLE IS PARKED IN OR EFFECTIVELY OBSTRUCTING A
695		-	DESIGNATED AND MARKED FIRE ZONE
696		-	;
697		-	(G) T
698		-	HE VEHICLE IS OCCUPYING WITHOUT PERMISSION OR
699		-	EFFECTIVELY OBSTRUCTING ACCESS TO OR FROM AN INDIVIDUALLY
700		-	DESIGNATED
701		-	, RENTED, OR PURCHASED PARKING SPACE OF A RESIDENT ; OR
702		-	(H) THE VEHICLE IS PARKED WITHOUT DISPLAYING VALID
703		-	AUTHORIZATION IN A PARKING LOT MARKED FOR THE EXCLUSIVE USE OF
704		-	RESIDENTS
705		-	.
	697	+	7
	698	+	COURT ORDER, AN ADMINISTRATIVE ORDER, OR A PEACE OFFICER OR BY8
	699	+	OPERATION OF LAW; 9
	700	+	(D) T
	701	+	HE VEHICLE BLOCKS A DRIVEWAY OR ROADWAY ENOUGH TO10
	702	+	EFFECTIVELY OBSTRUCT A PERSON 'S ACCESS TO THE DRIVEWAY OR11 ROADWAY;12
	703	+	(E) THE VEHICLE IS PARKED IN VIOLATION OF SECTION 42-4-120813
	704	+	(4) OR IN RESERVED PARKING FOR PEOPLE WITH DISABILITIES WITHOUT14
	705	+	DISPLAYING AN IDENTIFYING PLACARD OR AN IDENTIFYING PLATE , AS15
	706	+	THOSE TERMS ARE DEFINED IN SECTION 42-3-204 (1)(f) AND (1)(g), THAT16
	707	+	IS CURRENTLY VALID OR HAS BEEN EXPIRED FOR NO MORE THAN SIXTY17
	708	+	DAYS;18
	709	+	(F) THE VEHICLE IS PARKED IN OR EFFECTIVELY OBSTRUCTING A19
	710	+	DESIGNATED AND MARKED FIRE ZONE ;20
	711	+	(G) THE VEHICLE IS OCCUPYING WITHOUT PERMISSION OR21
	712	+	EFFECTIVELY OBSTRUCTING ACCESS TO OR FROM AN INDIVIDUALLY22
	713	+	DESIGNATED, RENTED, OR PURCHASED PARKING SPACE OF A RESIDENT; OR23
	714	+	(H) THE VEHICLE IS PARKED WITHOUT DISPLAYING VALID24
	715	+	AUTHORIZATION IN A PARKING LOT MARKED FOR THE EXCLUSIVE USE OF25
	716	+	RESIDENTS.26
706	717		(II) T
707		-	HE TOWING CARRIER OR PROPERTY OWNER SHALL PROVIDE THE
708		-	NOTICE DESCRIBED IN SUBSECTION
709		-	(3)(b)(I) OF THIS SECTION BY PLACING A
710		-	WRITTEN NOTICE ON THE WINDSHIELD OF THE VEHICLE AT LEAST
711		-	TWENTY
712		-	-FOUR HOURS BEFORE TOWING THE VEHICLE .
	718	+	HE TOWING CARRIER OR PROPERTY OWNER SHALL PROVIDE27
	719	+	1314
	720	+	-21- THE NOTICE DESCRIBED IN SUBSECTION (3)(b)(I) OF THIS SECTION BY1
	721	+	PLACING A WRITTEN NOTICE ON THE WINDSHIELD OF THE VEHICLE AT2
	722	+	LEAST TWENTY-FOUR HOURS BEFORE TOWING THE VEHICLE .3
713	723		(III) T
714		-	HE NOTICE MUST STATE CLEARLY:
	724	+	HE NOTICE MUST STATE CLEARLY:4
715	725		(A) T
716		-	HAT THE VEHICLE WILL BE TOWED WITHOUT CONSENT IF THE
717		-	VEHICLE REMAINS PARKED INAPPROPRIATELY
718		-	;
	726	+	HAT THE VEHICLE WILL BE TOWED WITHOUT CONSENT IF THE5
	727	+	VEHICLE REMAINS PARKED INAPPROPRIATELY ;6
719	728		(B) A
720		-	DESCRIPTION OF THE INAPPROPRIATE PARKING THAT HAS
721		-	CAUSED THE NOTICE TO BE GIVEN
722		-	;
	729	+	DESCRIPTION OF THE INAPPROPRIATE PARKING THAT HAS7
	730	+	CAUSED THE NOTICE TO BE GIVEN;8
723	731		(C) T
724		-	HE TIME THE VEHICLE WILL BE TOWED IF IT IS NOT MOVED TO
	732	+	HE TIME THE VEHICLE WILL BE TOWED IF IT IS NOT MOVED TO9
725	733		APPROPRIATE PARKING OR THE INAPPROPRIATE PARKING HAS BEEN
726		-	CORRECTED
727		-	; AND
728		-	(D) THAT CONTINUING TO PARK INAPPROPRIATELY IN THE SAME
729		-	MANNER MAY LEAD TO THE VEHICLE BEING TOWED WITHOUT NOTICE
730		-	.
731		-	PAGE 16-HOUSE BILL 22-1314 (IV) IF THE VEHICLE IS PARKED A THIRD OR SUBSEQUENT TIME IN THE
732		-	SAME INAPPROPRIATE MANNER THAT CAUSED IT TO RECEIVE PREVIOUS
733		-	NOTICES
734		-	, THE TOWING CARRIER OR PROPERTY OWNER NEED NOT GIVE THE
735		-	NOTICE REQUIRED IN SUBSECTION
736		-	(3)(b)(I) OF THIS SECTION BEFORE TOWING
737		-	THE VEHICLE
738		-	.
	734	+	10
	735	+	CORRECTED; AND11
	736	+	(D) T
	737	+	HAT CONTINUING TO PARK INAPPROPRIATELY IN THE SAME12
	738	+	MANNER MAY LEAD TO THE VEHICLE BEING TOWED WITHOUT NOTICE .13
	739	+	(IV) I
	740	+	F THE VEHICLE IS PARKED A THIRD OR SUBSEQUENT TIME IN14
	741	+	THE SAME INAPPROPRIATE MANNER THAT CAUSED IT TO RECEIVE PREVIOUS15
	742	+	NOTICES, THE TOWING CARRIER OR PROPERTY OWNER NEED NOT GIVE THE16
	743	+	NOTICE REQUIRED IN SUBSECTION (3)(b)(I) OF THIS SECTION BEFORE17
	744	+	TOWING THE VEHICLE.18
739	745		(V) F
740		-	OR PURPOSES OF THIS SUBSECTION (3)(b), A VEHICLE IS PARKED
741		-	INAPPROPRIATELY WHEN IT IS PARKED IN A MANNER THAT
742		-	:
	746	+	OR PURPOSES OF THIS SUBSECTION (3)(b), A VEHICLE IS19
	747	+	PARKED INAPPROPRIATELY WHEN IT IS PARKED IN A MANNER THAT :20
743	748		(A) V
744		-	IOLATES THE PROCEDURES NECESSARY TO OBTAIN
745		-	AUTHORIZATION TO PARK IN THE LOT OR SPACE
746		-	;
	749	+	IOLATES THE PROCEDURES NECESSARY TO OBTAIN21
	750	+	AUTHORIZATION TO PARK IN THE LOT OR SPACE ;22
747	751		(B) F
748		-	AILS TO COMPLY WITH THE PROPERTY OWNER 'S SIGNS OR THE
749		-	AGREEMENTS OF THE TENANTS
750		-	; OR
751		-	(C) VIOLATES A STATUTE, RULE, ORDINANCE, OR RESOLUTION OF THE
752		-	STATE OR A POLITICAL SUBDIVISION OF THE STATE
753		-	.
754		-	(c) I
755		-	N ORDER FOR A TOWING CARRIER TO CONDUCT A
756		-	NONCONSENSUAL TOW UNDER SUBSECTION
757		-	(3)(b)(I)(G) OR (3)(b)(I)(H) OF
758		-	THIS SECTION
759		-	, THE PROPERTY OWNER MUST HAVE POSTED SIGNAGE VISIBLE
760		-	AND FACING THE DRIVER AT EACH ENTRY WAY INTO A PARKING AREA
761		-	INDICATING THAT PARKING SPACES ARE DESIGNATED FOR ONE OR MORE
762		-	SPECIFIED RESIDENTS AND THAT A VEHICLE PARKED WITHOUT
763		-	AUTHORIZATION IS SUBJECT TO BEING TOWED
764		-	. THE SIGN MUST ALSO
765		-	CONTAIN THE INTERNATIONAL TOWING SYMBOL NO SMALLER THAN FOUR
766		-	INCHES BY FOUR INCHES AND BE PERMANENTLY MOUNTED IN A POSITION
767		-	THAT IS NO LOWER THAN FIVE FEET AND NO HIGHER THAN EIGHT FEET
768		-	.
	752	+	AILS TO COMPLY WITH THE PROPERTY OWNER 'S SIGNS OR THE23
	753	+	AGREEMENTS OF THE TENANTS ; OR24
	754	+	(C) V
	755	+	IOLATES A STATUTE, RULE, ORDINANCE, OR RESOLUTION OF25
	756	+	THE STATE OR A POLITICAL SUBDIVISION OF THE STATE .26
	757	+	(c) IN ORDER FOR A TOWING CARRIER TO CONDUCT A27
	758	+	1314
	759	+	-22- NONCONSENSUAL TOW UNDER SUBSECTION (3)(b)(I)(G) OR (3)(b)(I)(H) OF1
	760	+	THIS SECTION, THE PROPERTY OWNER MUST HAVE POSTED SIGNAGE VISIBLE2
	761	+	AND FACING THE DRIVER AT EACH ENTRY WAY INTO A PARKING AREA3
	762	+	INDICATING THAT PARKING SPACES ARE DESIGNATED FOR ONE OR MORE4
	763	+	SPECIFIED RESIDENTS AND THAT A VEHICLE PARKED WITHOUT5
	764	+	AUTHORIZATION IS SUBJECT TO BEING TOWED. THE SIGN MUST ALSO6
	765	+	CONTAIN THE INTERNATIONAL TOWING SYMBOL NO SMALLER THAN FOUR7
	766	+	INCHES BY FOUR INCHES AND BE PERMANENTLY MOUNTED IN A POSITION8
	767	+	THAT IS NO LOWER THAN FIVE FEET AND NO HIGHER THAN EIGHT FEET.9
	768	+	10
769	769		(4) Notice, disclosures, and signs. (a) I
770		-	N CONNECTION WITH A
771		-	NONCONSENSUAL TOW
772		-	, THE TOWING CARRIER SHALL PROVIDE , UPON
773		-	REQUEST
774		-	, EVIDENCE OF THE TOWING CARRIER 'S COMMERCIAL LIABILITY
775		-	INSURANCE COVERAGE
776		-	, INCLUDING CARGO LIABILITY COVERAGE , GARAGE
777		-	KEEPER
778		-	'S LIABILITY COVERAGE, IF APPLICABLE, AND MOTOR VEHICLE
779		-	LIABILITY COVERAGE
780		-	, TO AN AUTHORIZED OR INTERESTED PERSON .
	770	+	N CONNECTION WITH A11
	771	+	NONCONSENSUAL TOW , THE TOWING CARRIER SHALL PROVIDE , UPON12
	772	+	REQUEST, EVIDENCE OF THE TOWING CARRIER 'S COMMERCIAL LIABILITY13
	773	+	INSURANCE COVERAGE, INCLUDING CARGO LIABILITY COVERAGE, GARAGE14
	774	+	KEEPER'S LIABILITY COVERAGE, IF APPLICABLE, AND MOTOR VEHICLE15
	775	+	LIABILITY COVERAGE, TO AN AUTHORIZED OR INTERESTED PERSON .16
781	776		(b) A
782		-	TOWING CARRIER SHALL MAINTAIN A CLEARLY VISIBLE SIGN AT
783		-	THE ENTRANCE TO THE STORAGE FACILITY HOLDING A NONCONSENSUALLY
784		-	TOWED VEHICLE
785		-	. THE SIGN MUST:
786		-	PAGE 17-HOUSE BILL 22-1314 (I) STATE THE NAME OF THE BUSINESS, TELEPHONE NUMBER, AND
787		-	HOURS OF OPERATION
788		-	;
	777	+	TOWING CARRIER SHALL MAINTAIN A CLEARLY VISIBLE SIGN17
	778	+	AT THE ENTRANCE TO THE STORAGE FACILITY HOLDING A18
	779	+	NONCONSENSUALLY TOWED VEHICLE . THE SIGN MUST:19
	780	+	(I) S
	781	+	TATE THE NAME OF THE BUSINESS, TELEPHONE NUMBER, AND20
	782	+	HOURS OF OPERATION;21
789	783		(II) S
790	784		TATE: "IF A VEHICLE IS NONCONSENSUALLY TOWED FROM
791		-	PRIVATE PROPERTY
792		-	, THE OWNER MAY RETRIEVE THE CONTENTS OF THE
793		-	VEHICLE EVEN IF THE OWNER DOES NOT PAY THE TOWING CARRIER
794		-	'S FEES. IF
795		-	THE OWNER FILLS OUT THE APPROPRIATE FORM
796		-	, THE OWNER MAY RETRIEVE
797		-	THE VEHICLE AFTER PAYING A REDUCED FEE
798		-	, BUT THE OWNER STILL OWES
799		-	THE TOWING CARRIER THE BALANCE OF THOSE FEES
800		-	."
801		-	(III) B
802		-	E NO LESS THAN TWO SQUARE FEET IN SIZE;
	785	+	22
	786	+	PRIVATE PROPERTY, THE OWNER MAY RETRIEVE THE CONTENTS OF THE23
	787	+	VEHICLE EVEN IF THE OWNER DOES NOT PAY THE TOWING CARRIER 'S FEES.24
	788	+	I
	789	+	F THE OWNER FILLS OUT THE APPROPRIATE FORM , THE OWNER MAY
	790	+	25
	791	+	RETRIEVE THE VEHICLE AFTER PAYING A REDUCED FEE , BUT THE OWNER26
	792	+	STILL OWES THE TOWING CARRIER THE BALANCE OF THOSE FEES ."27
	793	+	1314
	794	+	-23- (III) BE NO LESS THAN TWO SQUARE FEET IN SIZE;1
803	795		(IV) H
804		-	AVE LETTERING NOT LESS THAN TWO INCHES IN HEIGHT ;
	796	+	AVE LETTERING NOT LESS THAN TWO INCHES IN HEIGHT ;2
805	797		(V) H
806		-	AVE LETTERING THAT CONTRASTS SHARPLY IN COLOR WITH THE
807		-	BACKGROUND ON WHICH THE LETTERS ARE PLACED
808		-	; AND
809		-	(VI) BE PRINTED IN ENGLISH.
	798	+	AVE LETTERING THAT CONTRASTS SHARPLY IN COLOR WITH3
	799	+	THE BACKGROUND ON WHICH THE LETTERS ARE PLACED ; AND4
	800	+	(VI) B
	801	+	E PRINTED IN
	802	+	ENGLISH.5
810	803		(c) U
811		-	PON REQUEST, A TOWING CARRIER SHALL PROVIDE TO AN
812		-	AUTHORIZED OR INTERESTED PERSON AN ITEMIZED BILL SHOWING EACH
813		-	CHARGE AND THE RATE FOR EACH FEE THAT THE AUTHORIZED OR
814		-	INTERESTED PERSON HAS INCURRED AS A RESULT OF A NONCONSENSUAL
815		-	TOW
816		-	.
	804	+	PON REQUEST, A TOWING CARRIER SHALL PROVIDE TO AN6
	805	+	AUTHORIZED OR INTERESTED PERSON AN ITEMIZED BILL SHOWING EACH7
	806	+	CHARGE AND THE RATE FOR EACH FEE THAT THE AUTHORIZED OR8
	807	+	INTERESTED PERSON HAS INCURRED AS A RESULT OF A NONCONSENSUAL9
	808	+	TOW.10
817	809		(d) U
818		-	PON REQUEST, A TOWING CARRIER SHALL DISCLOSE ACCEPTED
819		-	FORMS OF PAYMENT
820		-	, INCLUDING THOSE REQUIRED TO BE ACCEPTED IN
	810	+	PON REQUEST, A TOWING CARRIER SHALL DISCLOSE ACCEPTED11
	811	+	FORMS OF PAYMENT, INCLUDING THOSE REQUIRED TO BE ACCEPTED IN12
821	812		ACCORDANCE WITH SUBSECTION
822		-	(1)(b) OF THIS SECTION.
	813	+	(1)(b) OF THIS SECTION.13
823	814		(e) I
824		-	F A TOWING CARRIER HAS NONCONSENSUALLY TOWED A VEHICLE
825		-	FROM PRIVATE PROPERTY
826		-	, THE TOWING CARRIER SHALL GIVE THE
827		-	AUTHORIZED OR INTERESTED PERSON THAT IS RETRIEVING THE VEHICLE A
828		-	WRITTEN NOTICE OF THE PERSON
829		-	'S ABILITY TO MAKE A COMPLAINT TO THE
830		-	COMMISSION
831		-	. THE NOTICE:
	815	+	F A TOWING CARRIER HAS NONCONSENSUALLY TOWED A14
	816	+	VEHICLE FROM PRIVATE PROPERTY, THE TOWING CARRIER SHALL GIVE THE15
	817	+	AUTHORIZED OR INTERESTED PERSON THAT IS RETRIEVING THE VEHICLE A16
	818	+	WRITTEN NOTICE OF THE PERSON'S ABILITY TO MAKE A COMPLAINT TO THE17
	819	+	COMMISSION. THE NOTICE:18
832	820		(I) M
833		-	UST BE WRITTEN IN A CONSPICUOUS TYPE FACE AND FONT ON
834		-	THE INVOICE
835		-	, THE RECEIPT, AND THE BILL FOR THE TOW; AND
836		-	(II) MUST NOT BE IN A TYPE FACE OR FONT THAT IS SMALLER THAN
837		-	THE OTHER NUMBERS OR WORDS ON THE RECEIPT OR BILL
838		-	, AS APPLICABLE.
839		-	PAGE 18-HOUSE BILL 22-1314 (f) (I) A TOWING CARRIER SHALL NOT PERFORM A NONCONSENSUAL
840		-	TOW OF A VEHICLE
841		-	, OTHER THAN AN ABANDONED MOTOR VEHICLE AS
842		-	DEFINED IN SECTION
843		-	42-4-2102 (1), FROM PRIVATE PROPERTY NORMALLY
844		-	USED FOR PARKING UNLESS
845		-	:
	821	+	UST BE WRITTEN IN A CONSPICUOUS TYPE FACE AND FONT ON19
	822	+	THE INVOICE, THE RECEIPT, AND THE
	823	+	BILL FOR THE TOW; AND20
	824	+	(II) M
	825	+	UST NOT BE IN A TYPE FACE OR FONT THAT IS SMALLER THAN21
	826	+	THE OTHER NUMBERS OR WORDS ON THE RECEIPT OR BILL , AS APPLICABLE.22
	827	+	(f) (I) A
	828	+	TOWING CARRIER SHALL NOT PERFORM A23
	829	+	NONCONSENSUAL TOW OF A VEHICLE , OTHER THAN AN ABANDONED24
	830	+	MOTOR VEHICLE AS DEFINED IN SECTION 42-4-2102 (1), FROM PRIVATE25
	831	+	PROPERTY NORMALLY USED FOR PARKING UNLESS :26
846	832		(A) N
847		-	OTICE OF THE PARKING REGULATIONS WAS PROVIDED TO THE
848		-	VEHICLE OPERATOR WHEN THE VEHICLE ENTERED THE PRIVATE PROPERTY
849		-	AND PARKED
850		-	; AND
851		-	(B) NOTICE THAT ANY VEHICLE PARKED IN VIOLATION OF THE
852		-	REGULATIONS IS SUBJECT TO TOW AT THE VEHICLE OWNER
853		-	'S EXPENSE WAS
854		-	PROVIDED TO THE VEHICLE OPERATOR WHEN THE VEHICLE ENTERED THE
855		-	PRIVATE PROPERTY AND PARKED
856		-	.
	833	+	OTICE OF THE PARKING REGULATIONS WAS PROVIDED TO THE27
	834	+	1314
	835	+	-24- VEHICLE OPERATOR WHEN THE VEHICLE ENTERED THE PRIVATE PROPERTY1
	836	+	AND PARKED; AND2
	837	+	(B) N
	838	+	OTICE THAT ANY VEHICLE PARKED IN VIOLATION OF THE3
	839	+	REGULATIONS IS SUBJECT TO TOW AT THE VEHICLE OWNER 'S EXPENSE WAS4
	840	+	PROVIDED TO THE VEHICLE OPERATOR WHEN THE VEHICLE ENTERED THE5
	841	+	PRIVATE PROPERTY AND PARKED .6
857	842		(II) A
858		-	PROPERTY OWNER WITH TENANTS SHALL PROVIDE THE NOTICE
859		-	DESCRIBED IN THIS SUBSECTION
860		-	(4)(f) BY ISSUING EACH TENANT A WRITTEN
861		-	DOCUMENT CONTAINING ANY APPLICABLE PARKING REGULATIONS BEFORE
862		-	THE REGULATIONS ARE ADOPTED OR AMENDED OR BEFORE THE PERSON
863		-	AGREES TO BE A TENANT
864		-	.
865		-	(III) A
866		-	TOWING CARRIER THAT ENTERS INTO AN AGREEMENT WITH A
867		-	PROPERTY OWNER TO NONCONSENSUALLY TOW VEHICLES FROM THE
868		-	PROPERTY SHALL POST SIGNS THAT
869		-	:
	843	+	PROPERTY OWNER WITH TENANTS SHALL PROVIDE THE7
	844	+	NOTICE DESCRIBED IN THIS SUBSECTION (4)(f) BY ISSUING EACH TENANT8
	845	+	A WRITTEN DOCUMENT CONTAINING ANY APPLICABLE PARKING9
	846	+	REGULATIONS BEFORE THE REGULATIONS ARE ADOPTED OR AMENDED OR10
	847	+	BEFORE THE PERSON AGREES TO BE A TENANT .11
	848	+	(III) A TOWING CARRIER THAT ENTERS INTO AN AGREEMENT WITH12
	849	+	A PROPERTY OWNER TO NONCONSENSUALLY TOW VEHICLES FROM THE13
	850	+	PROPERTY SHALL POST SIGNS THAT:14
870	851		(A) A
871		-	RE NO LESS THAN ONE SQUARE FOOT IN SIZE;
	852	+	RE NO LESS THAN ONE SQUARE FOOT IN SIZE;15
872	853		(B) H
873		-	AVE LETTERING NOT LESS THAN ONE INCH IN HEIGHT ;
	854	+	AVE LETTERING NOT LESS THAN ONE INCH IN HEIGHT ;16
874	855		(C) H
875		-	AVE LETTERING THAT CONTRASTS WITH THE BACKGROUND ON
876		-	WHICH THE LETTERS ARE PLACED
877		-	;
	856	+	AVE LETTERING THAT CONTRASTS WITH THE BACKGROUND17
	857	+	ON WHICH THE LETTERS ARE PLACED ;18
878	858		(D) S
879		-	TATE: "AUTHORIZED PARKING ONLY";
	859	+	TATE: "AUTHORIZED PARKING ONLY";19
880	860		(E) I
881		-	NCLUDE THE NAME AND TELEPHONE NUMBER OF THE TOWING
882		-	CARRIER AUTHORIZED TO PERFORM TOWS FROM THE PRIVATE PROPERTY
883		-	;
	861	+	NCLUDE THE NAME AND TELEPHONE NUMBER OF THE TOWING20
	862	+	CARRIER AUTHORIZED TO PERFORM TOWS FROM THE PRIVATE PROPERTY ;21
884	863		(F) A
885		-	RE PRINTED IN ENGLISH;
	864	+	RE PRINTED IN
	865	+	ENGLISH;22
886	866		(G) A
887		-	RE PLACED AT THE ENTRANCE TO THE PRIVATE PROPERTY , FACE
888		-	OUTWARD TOWARD THE STREET
889		-	, AND ARE VISIBLE PRIOR TO ENTERING AND
890		-	PAGE 19-HOUSE BILL 22-1314 UPON ENTERING THE PRIVATE PROPERTY ;
	867	+	RE PLACED AT THE ENTRANCE TO THE PRIVATE PROPERTY ,23
	868	+	FACE OUTWARD TOWARD THE STREET , AND ARE VISIBLE PRIOR TO24
	869	+	ENTERING AND UPON ENTERING THE PRIVATE PROPERTY ;25
891	870		(H) A
892		-	RE PLACED INSIDE THE AREA USED FOR PARKING, FACE TOWARD
893		-	THE PARKING SPACES
894		-	, AND, IF THE PRIVATE PROPERTY IS NOT PROVIDED FOR
895		-	RESIDENTIAL PARKING AND HAS MORE THAN TEN FREESTANDING LAMPPOSTS
896		-	ON THE PROPERTY
897		-	, ARE POSTED ON EACH LAMPPOST OR POSTED UPRIGHT
898		-	NEAR EACH LAMPPOST
899		-	;
	871	+	RE PLACED INSIDE THE AREA USED FOR PARKING , FACE26
	872	+	TOWARD THE PARKING SPACES , AND, IF THE PRIVATE PROPERTY IS NOT27
	873	+	1314
	874	+	-25- PROVIDED FOR RESIDENTIAL PARKING AND HAS MORE THAN TEN1
	875	+	FREESTANDING LAMPPOSTS ON THE PROPERTY , ARE POSTED ON EACH2
	876	+	LAMPPOST OR POSTED UPRIGHT NEAR EACH LAMPPOST ;3
900	877		(I) A
901		-	RE NOT OBSTRUCTED OR PLACED IN SUCH A MANNER THAT
902		-	PREVENTS VISIBILITY
903		-	; AND
904		-	(J) ARE NOT PLACED HIGHER THAN EIGHT FEET OR LOWER THAN
905		-	THREE FEET FROM THE GR OUND SURFACE CLOSEST TO THE SIGN
906		-	'S
907		-	PLACEMENT
908		-	.
	878	+	RE NOT OBSTRUCTED OR PLACED IN SUCH A MANNER THAT4
	879	+	PREVENTS VISIBILITY; AND5
	880	+	(J) A
	881	+	RE NOT PLACED HIGHER THAN EIGHT F EET OR LOWER THAN6
	882	+	THREE FEET FROM THE GROUND SURFACE CLOSEST TO THE SIGN 'S7
	883	+	PLACEMENT.8
909	884		(g) T
910		-	HE TOWING CARRIER SHALL RETAIN EVIDENCE , INCLUDING
911		-	PHOTOGRAPHS OF THE RELEVANT SIGNS
912		-	, OF GIVING THE NOTICES AND
913		-	DISCLOSURES REQUIRED IN SUBSECTION
914		-	(4)(f) OF THIS SECTION FOR THREE
915		-	YEARS AFTER THE DATE OF COMPLETION OF A NONCONSENSUAL TOW AND
916		-	PROVIDE THE EVIDENCE TO THE COMMISSION OR AN ENFORCEMENT OFFICIAL
917		-	UPON REQUEST
918		-	.
919		-	(5) No mechanic's liens on vehicle or contents.
	885	+	HE TOWING CARRIER SHALL RETAIN EVIDENCE , INCLUDING9
	886	+	PHOTOGRAPHS OF THE RELEVANT SIGNS , OF GIVING THE NOTICES AND10
	887	+	DISCLOSURES REQUIRED IN SUBSECTION (4)(f) OF THIS SECTION FOR THREE11
	888	+	YEARS AFTER THE DATE OF COMPLETION OF A NONCONSENSUAL TOW AND12
	889	+	PROVIDE THE EVIDENCE TO THE COMMISSION OR AN ENFORCEMENT13
	890	+	OFFICIAL UPON REQUEST.14
	891	+	(5) No mechanic's liens on vehicle or contents.15
920	892		(a) N
921		-	OTWITHSTANDING SECTION 38-20-105, A TOWING CARRIER THAT
922		-	NONCONSENSUALLY TOWS A VEHICLE DOES NOT HAVE A MECHANIC
923		-	'S LIEN ON
924		-	THE CONTENTS OF THE VEHICLE TO COVER THE COST OF TOWING THE
925		-	VEHICLE
926		-	.
	893	+	OTWITHSTANDING SECTION 38-20-105, A TOWING CARRIER THAT16
	894	+	NONCONSENSUALLY TOWS A VEHICLE DOES NOT HAVE A MECHANIC 'S LIEN17
	895	+	ON
	896	+	THE CONTENTS OF THE VEHICLE TO COVER THE COST OF TOWING THE18
	897	+	VEHICLE.19
927	898		(b) I
928		-	F AN AUTHORIZED OR INTERESTED PERSON REQUESTS THAT A
929		-	TOWING CARRIER RETURN THE CONTENTS OF A VEHICLE THAT WAS TOWED
930		-	WITHOUT CONSENT WITHIN THIRTY DAYS AFTER THE POSTMARKED DATE THE
931		-	NOTICE WAS MAILED IN ACCORDANCE WITH SECTION
932		-	42-4-2103 (4) OR THE
933		-	DATE THE OPERATOR RECEIVED NOTICE THAT NO RECORD EXISTS FOR THE
934		-	MOTOR VEHICLE
935		-	, THE TOWING CARRIER SHALL IMMEDIATELY RETRIEVE OR
936		-	ALLOW THE AUTHORIZED OR INTERESTED PERSON TO RETRIEVE THE
937		-	VEHICLE
938		-	'S CONTENTS. THIS SUBSECTION (5)(b) DOES NOT APPLY TO THE
939		-	CONTENTS OF A VEHICLE IF THE CONTENTS OF THE VEHICLE ARE SUBJECT TO
940		-	A HOLD ORDER ISSUED BY A COURT
941		-	, DISTRICT ATTORNEY , LAW
942		-	ENFORCEMENT AGENCY
943		-	, OR PEACE OFFICER.
944		-	PAGE 20-HOUSE BILL 22-1314 (c) THE TOWING CARRIER SHALL IMMEDIATELY RETRIEVE A VEHICLE
945		-	THAT HAS BEEN NONCONSENSUALLY TOWED OR ALLOW THE OWNER TO
946		-	RETRIEVE THE VEHICLE IF
947		-	:
	899	+	F AN AUTHORIZED OR INTERESTED PERSON REQUESTS THAT A20
	900	+	TOWING CARRIER RETURN
	901	+	THE CONTENTS OF A VEHICLE THAT WAS21
	902	+	TOWED WITHOUT CONSENT WITHIN THIRTY DAYS AFTER THE POSTMARKED22
	903	+	DATE THE NOTICE WAS MAILED IN ACCORDANCE WITH SECTION 42-4-210323
	904	+	(4) OR THE DATE THE OPERATOR RECEIVED NOTICE THAT NO RECORD24
	905	+	EXISTS FOR THE MOTOR VEHICLE, THE TOWING CARRIER SHALL25
	906	+	IMMEDIATELY RETRIEVE OR ALLOW THE AUTHORIZED OR INTERESTED26
	907	+	PERSON TO RETRIEVE THE VEHICLE'S CONTENTS. THIS SUBSECTION (5)(b)27
	908	+	1314
	909	+	-26- DOES NOT APPLY TO THE CONTENTS OF A VEHICLE IF THE CONTENTS1
	910	+	OF THE VEHICLE ARE SUBJECT TO A HOLD ORDER ISSUED BY A COURT ,2
	911	+	DISTRICT ATTORNEY, LAW ENFORCEMENT AGENCY , OR PEACE OFFICER.3
	912	+	(c) T
	913	+	HE TOWING CARRIER SHALL IMMEDIATELY RETRIEVE A
	914	+	4
	915	+	VEHICLE THAT HAS BEEN NONCONSENSUALLY TOWED OR ALLOW THE5
	916	+	OWNER TO RETRIEVE THE VEHICLE IF:6
948	917		(I) T
949		-	HE OWNER PAYS FIFTEEN PERCENT OF THE FEES, NOT TO EXCEED
950		-	SIXTY DOLLARS
951		-	, OWED THE TOWING CARRIER FOR THE NONCONSENSUAL
952		-	TOW
953		-	; AND
954		-	(II) THE AUTHORIZED OR INTERESTED PERSON IS NOT A LIENHOLDER
955		-	OR INSURANCE COMPANY
956		-	.
957		-	(d) F
958		-	OR AN AUTHORIZED OR INTERESTED PERSON TO RETRIEVE A
959		-	VEHICLE WITHOUT PAYING THE TOWING CARRIER THE TOTAL AMOUNT OWED
960		-	TO THE TOWING CARRIER
961		-	, THE AUTHORIZED OR INTERESTED PERSON MUST
962		-	SIGN A FORM AFFIRMING THAT THE AUTHORIZED OR INTERESTED PERSON
963		-	OWES THE TOWING CARRIER PAYMENT FOR FEES THAT COMPLY WITH THIS
964		-	ARTICLE
965		-	10.1, PART 21 OF ARTICLE 4 OF TITLE 42, OR ARTICLE 20 OF TITLE
966		-	38. KNOWINGLY PROVIDING FALSE INFORMATION ON THE FORM IS
967		-	UNLAWFUL
968		-	. SIGNING THIS FORM DOES NOT PROHIBIT A VEHICLE OWNER FROM
969		-	FILING A COMPLAINT WITH THE COMMISSION OR PURSUING OTHER REMEDIES
970		-	.
971		-	T
972		-	HE TOWING CARRIER MAY USE THE FORM TO TAKE REASONABLE ACTIONS
973		-	TO COLLECT THE DEBT
974		-	, INCLUDING INITIATING A COURT ACTION OR USING A
975		-	COLLECTION AGENCY
976		-	. THE DEPARTMENT SHALL:
977		-	(I) C
978		-	REATE THE FORM;
979		-	(II) G
980		-	IVE THE FORM THE FOLLOWING TITLE : "TOWED VEHICLE
981		-	RELEASE NOTICE: RETRIEVAL WITH PAYMENT OWED"; AND
982		-	(III) PROVIDE THE FORM ON THE PUBLIC UTILITIES COMMISSION
983		-	WEBSITE FOR TOWING CARRIERS TO RETRIEVE AND USE
984		-	.
	918	+	HE OWNER PAYS FIFTEEN PERCENT OF THE FEES , NOT TO
	919	+	7
	920	+	EXCEED SIXTY DOLLARS , OWED THE TOWING CARRIER FOR THE8
	921	+	NONCONSENSUAL TOW ; AND9
	922	+	(II) T
	923	+	HE AUTHORIZED OR INTERESTED PERSON IS NOT A
	924	+	10
	925	+	LIENHOLDER OR INSURANCE COMPANY .11
	926	+	(d) FOR AN AUTHORIZED OR INTERESTED PERSON TO RETRIEVE A12
	927	+	VEHICLE WITHOUT PAYING THE TOWING CARRIER THE TOTAL AMOUNT13
	928	+	OWED TO THE TOWING CARRIER, THE AUTHORIZED OR INTERESTED PERSON14
	929	+	MUST SIGN A FORM AFFIRMING THAT THE AUTHORIZED OR INTERESTED15
	930	+	PERSON OWES THE TOWING CARRIER PAYMENT FOR FEES THAT COMPLY16
	931	+	WITH THIS ARTICLE 10.1, PART 21 OF ARTICLE 4 OF TITLE 42, OR ARTICLE17
	932	+	20 OF TITLE 38. KNOWINGLY PROVIDING FALSE INFORMATION ON THE18
	933	+	FORM IS UNLAWFUL. SIGNING THIS FORM DOES NOT PROHIBIT A VEHICLE19
	934	+	OWNER FROM FILING A COMPLAINT WITH THE COMMISSION OR PURSUING20
	935	+	OTHER REMEDIES. THE TOWING CARRIER MAY USE THE FORM TO TAKE21
	936	+	REASONABLE ACTIONS TO COLLECT THE DEBT, INCLUDING INITIATING A22
	937	+	COURT ACTION OR USING A COLLECTION AGENCY. THE DEPARTMENT23
	938	+	SHALL:24
	939	+	(I) CREATE THE FORM;25
	940	+	(II) GIVE THE FORM THE FOLLOWING TITLE: "TOWED VEHICLE26
	941	+	RELEASE NOTICE: RETRIEVAL WITH PAYMENT OWED"; AND27
	942	+	1314
	943	+	-27- (III) PROVIDE THE FORM ON THE PUBLIC UTILITIES COMMISSION1
	944	+	WEBSITE FOR TOWING CARRIERS TO RETRIEVE AND USE .2
985	945		(6) Releasing the vehicle upon request. (a) A
	946	+	TOWING CARRIER3
	947	+	SHALL RELEASE A NONCONSENTUALLY TOWED VEHICLE IN ACCORDANCE4
	948	+	WITH SUBSECTION (5)(c) OF THIS SECTION.
	949	+	5
	950	+	(b) A
986	951		TOWING CARRIER
987		-	SHALL RELEASE A NONCONSENSUALLY TOWED VEHICLE IN ACCORDANCE
988		-	WITH SUBSECTION
989		-	(5)(c) OF THIS SECTION.
	952	+	SHALL NOT ASSESS A DROP CHARGE TO6
	953	+	RELEASE THE VEHICLE AFTER THE VEHICLE IS HOOKED UP TO THE TOW7
	954	+	TRUCK BUT BEFORE THE VEHICLE IS REMOVED FROM THE PROPERTY .8
	955	+	(c) I
	956	+	F APPROACHED BY AN AUTHORIZED OR INTERESTED PERSON
	957	+	9
	958	+	BEFORE THE VEHICLE IS REMOVED FROM PRIVATE PROPERTY , THE TOWING10
	959	+	CARRIER SHALL NOTIFY THE AUTHORIZED OR INTERESTED PERSON THAT11
	960	+	THE TOWING CARRIER IS REQUIRED TO RELEASE THE VEHICLE UPON12
	961	+	REQUEST OF THE AUTHORIZED OR INTERESTED PERSON . 13
	962	+	(d) U
	963	+	PON REQUEST BY THE AUTHORIZED OR INTERESTED PERSON ,14
	964	+	THE TOWING CARRIER SHALL STOP ANY TOW IN PROGRESS BEFORE THE15
	965	+	VEHICLE IS REMOVED FROM PRIVATE PROPERTY .16
	966	+	(7) No towing for expired registration. U
	967	+	NLESS THE TOW IS17
	968	+	BASED ON AN ORDER GIVEN BY A PEACE OFFICER , A TOWING CARRIER18
	969	+	SHALL NOT TOW A VEHICLE FROM PRIVATE PROPERTY BECAUSE THE REAR19
	970	+	LICENSE PLATE OF THE VEHICLE
	971	+	OR THE RECORD OBTAINED USING THE20
	972	+	SYSTEM DESCRIBED IN SECTION 42-4-2103 (3)(c)(III) INDICATES THAT THE21
	973	+	VEHICLE'S REGISTRATION HAS EXPIRED.22
	974	+	(8) Towing carrier responsibility. F
	975	+	OR A NONCONSENSUAL TOW ,23
	976	+	THE TOWING CARRIER IS RESPONSIBLE FOR THE SECURITY AND SAFETY OF24
	977	+	THE TOWED VEHICLE UNTIL IT IS RELEASED TO AN AUTHORIZED OR25
	978	+	INTERESTED PERSON.26 (9) Applicability. THIS SECTION DOES NOT APPLY TO:27
	979	+	1314
	980	+	-28- (a) A TOW ORDERED BY A PEACE OFFICER OR TECHNICIAN1
	981	+	DIRECTED BY A PEACE OFFICER IN THE COURSE AND SCOPE OF THE2
	982	+	OFFICER'S OR TECHNICIAN'S DUTIES; OR3
	983	+	(b) A TOW FROM A PARKING SPACE THAT SERVES A BUSINESS IF :4
	984	+	(I) THE PARKING SPACE IS NOT IN A COMMON PARKING AREA; AND5
	985	+	(II) THE PARKING SPACE IS ON COMMERCIAL REAL ESTATE, AS6
	986	+	DEFINED IN SECTION 38-22.5-102 (2).7
	987	+	8
	988	+	40-10.1-406. Failure to comply. (1) No fees. (a) I F A TOWING9
	989	+	CARRIER FAILS TO COMPLY WITH THIS ARTICLE 10.1, ARTICLE 20 OF TITLE10
	990	+	38, OR PART 18 OR 21 OF ARTICLE 4 OF TITLE 42 OR ANY RULE11
	991	+	PROMULGATED UNDER THIS ARTICLE 10.1 OR PART 18 OR 21 OF ARTICLE12
	992	+	4 OF TITLE 42, THE TOWING CARRIER:13
	993	+	(I) S
	994	+	HALL NOT CHARGE OR RETAIN ANY FEES OR CHARGES FOR THE14
	995	+	SERVICES PERFORMED WITH RESPECT TO THE VEHICLE ; AND15
	996	+	(II) S
	997	+	HALL RETURN TO THE AUTHORIZED OR INTERESTED PERSON16
	998	+	ANY FEES IT COLLECTED WITH RESPECT TO THE VEHICLE .17
	999	+	(b) I
	1000	+	T IS AN AFFIRMATIVE DEFENSE IN ANY ACTION TO COLLECT18
	1001	+	TOWING FEES THAT:19
	1002	+	(I) T
	1003	+	HE VEHICLE WAS TOWED NONCONSENSUALLY ; AND20
	1004	+	(II) T
	1005	+	HE TOWING CARRIER FAILED TO COMPLY WITH SECTION21
	1006	+	40-10.1-405.22
	1007	+	(2) Attorney fees. A
	1008	+	N AUTHORIZED OR INTERESTED PERSON23
	1009	+	SEEKING REIMBURSEMENT FOR DAMAGES MAY RECOVER FROM THE24
	1010	+	TOWING CARRIER REASONABLE ATTORNEY FEES IF :25
	1011	+	(a) T
	1012	+	HE VEHICLE WAS TOWED NONCONSENSUALLY ;26
990	1013		(b) A
991		-	TOWING CARRIER SHALL NOT ASSESS A DROP CHARGE TO
992		-	RELEASE THE VEHICLE AFTER THE VEHICLE IS HOOKED UP TO THE TOW TRUCK
993		-	BUT BEFORE THE VEHICLE IS REMOVED FROM THE PROPERTY
994		-	.
995		-	PAGE 21-HOUSE BILL 22-1314 (c) IF APPROACHED BY AN AUTHORIZED OR INTERESTED PERSON
996		-	BEFORE THE VEHICLE IS REMOVED FROM PRIVATE PROPERTY
997		-	, THE TOWING
998		-	CARRIER SHALL NOTIFY THE AUTHORIZED OR INTERESTED PERSON THAT THE
999		-	TOWING CARRIER IS REQUIRED TO RELEASE THE VEHICLE UPON REQUEST OF
1000		-	THE AUTHORIZED OR INTERESTED PERSON
1001		-	.
1002		-	(d) U
1003		-	PON REQUEST BY THE AUTHORIZED OR INTERESTED PERSON , THE
1004		-	TOWING CARRIER SHALL STOP ANY TOW IN PROGRESS BEFORE THE VEHICLE
1005		-	IS REMOVED FROM PRIVATE PROPERTY
1006		-	.
1007		-	(7) No towing for expired registration. U
1008		-	NLESS THE TOW IS BASED
1009		-	ON AN ORDER GIVEN BY A PEACE OFFICER
1010		-	, A TOWING CARRIER SHALL NOT
1011		-	TOW A VEHICLE FROM PRIVATE PROPERTY BECAUSE THE REAR LICENSE PLATE
1012		-	OF THE VEHICLE OR THE RECORD OBTAINED USING THE SYSTEM DESCRIBED
1013		-	IN SECTION
1014		-	42-4-2103 (3)(c)(III) INDICATES THAT THE VEHICLE 'S
1015		-	REGISTRATION HAS EXPIRED
1016		-	.
1017		-	(8) Towing carrier responsibility. F
1018		-	OR A NONCONSENSUAL TOW ,
1019		-	THE TOWING CARRIER IS RESPONSIBLE FOR THE SECURITY AND SAFETY OF
1020		-	THE TOWED VEHICLE UNTIL IT IS RELEASED TO AN AUTHORIZED OR
1021		-	INTERESTED PERSON
1022		-	.
1023		-	(9) Applicability. T
1024		-	HIS SECTION DOES NOT APPLY TO:
1025		-	(a) A
1026		-	TOW ORDERED BY A PEACE OFFICER OR TECHNICIAN DIRECTED
1027		-	BY A PEACE OFFICER IN THE COURSE AND SCOPE OF THE OFFICER
1028		-	'S OR
1029		-	TECHNICIAN
1030		-	'S DUTIES; OR
1031		-	(b) A TOW FROM A PARKING SPACE THAT SERVES A BUSINESS IF :
	1014	+
	1015	+	COURT HOLDS THAT:27
	1016	+	1314
	1017	+	-29- (I) THE TOWING CARRIER FAILED TO COMPLY WITH THIS ARTICLE1
	1018	+	10.1,
	1019	+	ARTICLE 20 OF TITLE 38, OR PART 18 OR 21 OF ARTICLE 4 OF TITLE 422
	1020	+	OR ANY RULE PROMULGATED UNDER THIS ARTICLE 10.1 OR PART 18 OR 213
	1021	+	OF ARTICLE 4 OF TITLE 42, AND THIS FAILURE CAUSED DAMAGES ,4
	1022	+	INCLUDING ECONOMIC DAMAGES , TO THE VEHICLE OWNER OR5
	1023	+	LIENHOLDER; OR6
	1024	+	(II) T
	1025	+	HE TOWING CARRIER DAMAGED A VEHICLE WHILE7
	1026	+	CONNECTING IT TO A TOWING VEHICLE , WHILE POSSESSING THE VEHICLE,8
	1027	+	OR WHILE RETURNING THE VEHICLE TO AN AUTHORIZED OR INTERESTED9
	1028	+	PERSON; AND10
	1029	+	(c) T
	1030	+	HE AUTHORIZED OR INTERESTED PERSON DEMANDED11
	1031	+	REIMBURSEMENT FOR THE SUFFERED DAMAGES AND THE TOWING CARRIER12
	1032	+	REFUSED TO REIMBURSE THE AUTHORIZED OR INTERESTED PERSON FOR13
	1033	+	THE DAMAGES.14
	1034	+	(3) Damages recovered for party in interest. I
	1035	+	N A COURT15
	1036	+	ACTION
	1037	+	ARISING FROM A NONCONSENSUAL TOW, ANY AUTHORIZED OR16
	1038	+	INTERESTED PERSON MAY RECOVER THE DAMAGES SUFFERED BY ANOTHER17
	1039	+	AUTHORIZED OR INTERESTED PERSON FROM A TOWING CARRIER IF THE18
	1040	+	PERSON WHO RECOVERS THE DAMAGES REIMBURSES THE OTHER19
	1041	+	AUTHORIZED OR INTERESTED PERSON FOR THE DAMAGES SUFFERED BY THE20
	1042	+	AUTHORIZED OR INTERESTED PERSON . A COURT MAY ISSUE AN ORDER21
	1043	+	IMPLEMENTING THIS SUBSECTION (3).22
	1044	+	40-10.1-407. Records. (1) A TOWING CARRIER SHALL RECORD23
	1045	+	THE FOLLOWING INFORMATION FOR EACH NONCONSENSUAL TOW :24
	1046	+	(a) T
	1047	+	HE UNIQUE SERIAL NUMBER OF THE TOW RECORD OR INVOICE ;25
	1048	+	(b) T
	1049	+	HE NAME, ADDRESS, TOWING CARRIER PERMIT NUMBER , AND26
	1050	+	TELEPHONE NUMBER OF THE TOWING CARRIER ;27
	1051	+	1314
	1052	+	-30- (c) THE ADDRESS AND TELEPHONE NUMBER OF THE STORAGE1
	1053	+	FACILITY USED BY THE TOWING CARRIER ;2
	1054	+	(d) T
	1055	+	HE MAKE, MODEL, YEAR, COMPLETE VEHICLE IDENTIFICATION3
	1056	+	NUMBER, AND LICENSE PLATE
	1057	+	NUMBER, IF AVAILABLE, OF THE TOWED4
	1058	+	VEHICLE;5
	1059	+	(e) T
	1060	+	HE ORIGIN ADDRESS OF THE TOW, THE DESTINATION ADDRESS6
	1061	+	OF THE TOW, AND THE ONE-WAY MILEAGE BETWEEN THE TWO ADDRESSES ;7
	1062	+	(f) T
	1063	+	HE PRINTED NAME, ADDRESS, TELEPHONE NUMBER , AND8
	1064	+	SIGNATURE OF THE PERSON AUTHORIZING THE TOW ;9
	1065	+	(g) T
	1066	+	HE PRINTED NAME AND SIGNATURE OF THE TOW TRUCK10
	1067	+	DRIVER;11
	1068	+	(h) A
	1069	+	N ITEMIZED INVOICE OF ALL TOWING CHARGES ASSESSED ;12
1032	1070		(i) T
1033		-	HE PARKING SPACE IS NOT IN A COMMON PARKING AREA ; AND
1034		-	(II) THE PARKING SPACE IS ON COMMERCIAL REAL ESTATE , AS
1035		-	DEFINED IN SECTION
1036		-	38-22.5-102 (2).
1037		-	40-10.1-406. Failure to comply. (1) No fees. (a) I
1038		-	F A TOWING
1039		-	CARRIER FAILS TO COMPLY WITH THIS ARTICLE
1040		-	10.1, ARTICLE 20 OF TITLE 38,
1041		-	OR PART 18 OR 21 OF ARTICLE 4 OF TITLE 42 OR ANY RULE PROMULGATED
1042		-	UNDER THIS ARTICLE
1043		-	10.1 OR PART 18 OR 21 OF ARTICLE 4 OF TITLE 42, THE
1044		-	TOWING CARRIER
1045		-	:
1046		-	PAGE 22-HOUSE BILL 22-1314 (I) SHALL NOT CHARGE OR RETAIN ANY FEES OR CHARGES FOR THE
1047		-	SERVICES PERFORMED WITH RESPECT TO THE VEHICLE
1048		-	; AND
1049		-	(II) SHALL RETURN TO THE AUTHORIZED OR INTERESTED PERSON ANY
1050		-	FEES IT COLLECTED WITH RESPECT TO THE VEHICLE
1051		-	.
1052		-	(b) I
1053		-	T IS AN AFFIRMATIVE DEFENSE IN ANY ACTION TO COLLECT
1054		-	TOWING FEES THAT
1055		-	:
1056		-	(I) T
1057		-	HE VEHICLE WAS TOWED NONCONSENSUALLY ; AND
1058		-	(II) THE TOWING CARRIER FAILED TO COMPLY WITH SECTION
1059		-	40-10.1-405.
1060		-	(2) Attorney fees. A
1061		-	N AUTHORIZED OR INTERESTED PERSON SEEKING
1062		-	REIMBURSEMENT FOR DAMAGES MAY RECOVER FROM THE TOWING CARRIER
1063		-	REASONABLE ATTORNEY FEES IF
1064		-	:
1065		-	(a) T
1066		-	HE VEHICLE WAS TOWED NONCONSENSUALLY ;
1067		-	(b) A
1068		-	COURT HOLDS THAT:
1069		-	(I) T
1070		-	HE TOWING CARRIER FAILED TO COMPLY WITH THIS ARTICLE
1071		-	10.1, ARTICLE 20 OF TITLE 38, OR PART 18 OR 21 OF ARTICLE 4 OF TITLE 42
1072		-	OR ANY RULE PROMULGATED UNDER THIS ARTICLE 10.1 OR PART 18 OR 21 OF
1073		-	ARTICLE
1074		-	4 OF TITLE 42, AND THIS FAILURE CAUSED DAMAGES , INCLUDING
1075		-	ECONOMIC DAMAGES
1076		-	, TO THE VEHICLE OWNER OR LIENHOLDER ; OR
1077		-	(II) THE TOWING CARRIER DAMAGED A VEHICLE WHILE CONNECTING
1078		-	IT TO A TOWING VEHICLE
1079		-	, WHILE POSSESSING THE VEHICLE , OR WHILE
1080		-	RETURNING THE VEHICLE TO AN AUTHORIZED OR INTERESTED PERSON
1081		-	; AND
1082		-	(c) THE AUTHORIZED OR INTERESTED PERSON DEMANDED
1083		-	REIMBURSEMENT FOR THE SUFFERED DAMAGES AND THE TOWING CARRIER
1084		-	REFUSED TO REIMBURSE THE AUTHORIZED OR INTERESTED PERSON FOR THE
1085		-	DAMAGES
1086		-	.
1087		-	(3) Damages recovered for party in interest. I
1088		-	N A COURT ACTION
1089		-	ARISING FROM A NONCONSENSUAL TOW
1090		-	, ANY AUTHORIZED OR INTERESTED
1091		-	PERSON MAY RECOVER THE DAMAGES SUFFERED BY ANOTHER AUTHORIZED
1092		-	PAGE 23-HOUSE BILL 22-1314 OR INTERESTED PERSON FROM A TOWING CARRIER IF THE PERSON WHO
1093		-	RECOVERS THE DAMAGES REIMBURSES THE OTHER AUTHORIZED OR
1094		-	INTERESTED PERSON FOR THE DAMAGES SUFFERED BY THE AUTHORIZED OR
1095		-	INTERESTED PERSON
1096		-	. A COURT MAY ISSUE AN ORDER IMPLEMENTING THIS
1097		-	SUBSECTION
1098		-	(3).
1099		-	40-10.1-407. Records. (1) A
1100		-	TOWING CARRIER SHALL RECORD THE
1101		-	FOLLOWING INFORMATION FOR EACH NONCONSENSUAL TOW
1102		-	:
1103		-	(a) T
1104		-	HE UNIQUE SERIAL NUMBER OF THE TOW RECORD OR INVOICE ;
1105		-	(b) T
1106		-	HE NAME, ADDRESS, TOWING CARRIER PERMIT NUMBER , AND
1107		-	TELEPHONE NUMBER OF THE TOWING CARRIER
1108		-	;
1109		-	(c) T
1110		-	HE ADDRESS AND TELEPHONE NUMBER OF THE STORAGE
1111		-	FACILITY USED BY THE TOWING CARRIER
1112		-	;
1113		-	(d) T
1114		-	HE MAKE, MODEL, YEAR, COMPLETE VEHICLE IDENTIFICATION
1115		-	NUMBER
1116		-	, AND LICENSE PLATE NUMBER , IF AVAILABLE, OF THE TOWED
1117		-	VEHICLE
1118		-	;
1119		-	(e) T
1120		-	HE ORIGIN ADDRESS OF THE TOW, THE DESTINATION ADDRESS OF
1121		-	THE TOW
1122		-	, AND THE ONE-WAY MILEAGE BETWEEN THE TWO ADDRESSES ;
1123		-	(f) T
1124		-	HE PRINTED NAME, ADDRESS, TELEPHONE NUMBER , AND
1125		-	SIGNATURE OF THE PERSON AUTHORIZING THE TOW
1126		-	;
1127		-	(g) T
1128		-	HE PRINTED NAME AND SIGNATURE OF THE TOW TRUCK DRIVER ;
1129		-	(h) A
1130		-	N ITEMIZED INVOICE OF ALL TOWING CHARGES ASSESSED ;
1131		-	(i) T
1132		-	HE SIGNATURE OF THE PERSON TO WHOM THE VEHICLE IS
1133		-	RELEASED
1134		-	; EXCEPT THAT THE TOWING CARRIER MAY WRITE "REFUSED TO
1135		-	SIGN
1136		-	" IF THE PERSON TO WHOM THE VEHICLE IS RELEASED REFUSES TO SIGN
1137		-	THE RELEASE DOCUMENT
1138		-	;
	1071	+	HE SIGNATURE OF THE PERSON TO WHOM THE VEHICLE IS13
	1072	+	RELEASED; EXCEPT THAT THE TOWING CARRIER MAY WRITE "REFUSED TO14
	1073	+	SIGN" IF THE PERSON TO WHOM THE VEHICLE IS RELEASED REFUSES TO SIGN15
	1074	+	THE RELEASE DOCUMENT;
	1075	+	16
1139	1076		(j) T
1140		-	HE DATE AND TIME OF ANY OF THE FOLLOWING , IF PERFORMED:
	1077	+	HE DATE AND TIME OF ANY OF THE FOLLOWING, IF PERFORMED:17
1141	1078		(I) H
1142		-	OOKING THE VEHICLE TO THE TOW TRUCK ;
1143		-	PAGE 24-HOUSE BILL 22-1314 (II) UNHOOKING THE VEHICLE FROM THE TOW TRUCK ;
	1079	+	OOKING THE VEHICLE TO THE TOW TRUCK ;18
	1080	+	(II) U
	1081	+	NHOOKING THE VEHICLE FROM THE TOW TRUCK ;19
1144	1082		(III) C
1145		-	OMPLETING THE TOW;
	1083	+	OMPLETING THE TOW;20
1146	1084		(IV) N
1147		-	OTIFYING THE APPROPRIATE LAW ENFORCEMENT AGENCY ;
	1085	+	OTIFYING THE APPROPRIATE LAW ENFORCEMENT AGENCY ;21
1148	1086		(V) P
1149		-	LACING THE VEHICLE IN STORAGE; AND
1150		-	(VI) RELEASING THE TOWED VEHICLE FROM STORAGE ; AND
1151		-	(k) ANY OTHER INFORMATION REQUIRED BY RULE OF THE
1152		-	COMMISSION
1153		-	.
	1087	+	LACING THE VEHICLE IN STORAGE; AND22
	1088	+	(VI) R
	1089	+	ELEASING THE TOWED VEHICLE FROM
	1090	+	STORAGE; AND23
	1091	+	(k) ANY OTHER INFORMATION REQUIRED BY RULE OF THE24
	1092	+	COMMISSION.25
1154	1093		(2) A
1155		-	TOWING CARRIER SHALL RECORD THE INFORMATION REQUIRED
1156		-	TO BE RECORDED BY SUBSECTION
1157		-	(1) OF THIS SECTION BEFORE THE ACTION
1158		-	TO WHICH IT REFERS IS PERFORMED
1159		-	, UNLESS IMPRACTICABLE DUE TO SAFETY
1160		-	CONCERNS
1161		-	. IF THE SAFETY CONCERNS DELAY RECORDING THE INFORMATION
1162		-	REQUIRED BY SUBSECTION
1163		-	(1) OF THIS SECTION, THE TOWING CARRIER SHALL
1164		-	RECORD THE INFORMATION AS SOON AS REASONABLY POSSIBLE
1165		-	.
	1094	+	TOWING CARRIER SHALL RECORD THE INFORMATION26
	1095	+	REQUIRED TO BE RECORDED BY SUBSECTION (1) OF THIS SECTION BEFORE27
	1096	+	1314
	1097	+	-31- THE ACTION TO WHICH IT REFERS IS PERFORMED, UNLESS IMPRACTICABLE1
	1098	+	DUE TO SAFETY CONCERNS. IF THE SAFETY CONCERNS DELAY RECORDING2
	1099	+	THE INFORMATION REQUIRED BY SUBSECTION (1) OF THIS SECTION, THE3
	1100	+	TOWING CARRIER SHALL RECORD THE INFORMATION AS SOON AS4
	1101	+	REASONABLY POSSIBLE.5
1166	1102		(3) A
1167		-	TOWING CARRIER SHALL RETAIN THE INFORMATION REQUIRED
1168		-	IN SUBSECTION
1169		-	(1) OF THIS SECTION FOR THREE YEARS AFTER THE TOW
1170		-	COMMENCED
1171		-	.
	1103	+	TOWING CARRIER SHALL RETAIN THE INFORMATION6
	1104	+	REQUIRED IN SUBSECTION (1) OF THIS SECTION FOR THREE YEARS AFTER7
	1105	+	THE TOW COMMENCED .8
1172	1106		(4) W
1173		-	ITHIN FORTY-EIGHT HOURS AFTER A REQUEST , A TOWING
1174		-	CARRIER SHALL PROVIDE THE INFORMATION REQUIRED TO BE RECORDED BY
1175		-	SUBSECTION
1176		-	(1) OF THIS SECTION TO AN AUTHORIZED OR INTERESTED
1177		-	PERSON
1178		-	.
1179		-	40-10.1-408. Kickbacks prohibited. A
1180		-	TOWING CARRIER SHALL NOT
1181		-	PAY MONEY OR OTHER VALUABLE CONSIDERATION FOR THE PRIVILEGE OF
1182		-	NONCONSENSUALLY TOWING VEHICLES
1183		-	.
1184		-	40-10.1-409. Violators subject to penalties. (1) A
1185		-	TOWING
1186		-	CARRIER THAT VIOLATES THIS PART
1187		-	4 IS SUBJECT TO THE PENALTIES
1188		-	PROVIDED IN SECTION
1189		-	40-10.1-114.
	1107	+	ITHIN FORTY-EIGHT HOURS AFTER A REQUEST , A TOWING9
	1108	+	CARRIER SHALL PROVIDE THE INFORMATION REQUIRED TO BE RECORDED10
	1109	+	BY SUBSECTION (1) OF THIS SECTION TO AN AUTHORIZED OR INTERESTED11
	1110	+	PERSON.12
	1111	+	40-10.1-408. Kickbacks prohibited. A TOWING CARRIER SHALL13
	1112	+	NOT PAY MONEY OR OTHER VALUABLE CONSIDERATION FOR THE14
	1113	+	PRIVILEGE OF NONCONSENSUALLY TOWING VEHICLES .15
	1114	+	40-10.1-409. Violators subject to penalties. (1) A TOWING16
	1115	+	CARRIER THAT VIOLATES THIS PART 4 IS SUBJECT TO THE PENALTIES17
	1116	+	PROVIDED IN SECTION 40-10.1-114.18
1190	1117		(2) A
1191		-	VIOLATION OF THIS PART 4 IS A DECEPTIVE TRADE PRACTICE
1192		-	UNDER SECTION
1193		-	6-1-105 (1)(ttt) AND IS SUBJECT TO ENFORCEMENT BY THE
1194		-	ATTORNEY GENERAL
1195		-	'S OFFICE IN ADDITION TO THE ENFORCEMENT
1196		-	PAGE 25-HOUSE BILL 22-1314 DESCRIBED IN THIS SECTION.
1197		-	40-10.1-410. Towing rules. U
1198		-	PON MAKING A FINDING THAT A
1199		-	TOWING PRACTICE HARMS THE PUBLIC INTEREST
1200		-	, THE COMMISSION MAY
1201		-	PROMULGATE RULES
1202		-	, AS NECESSARY, TO STOP OR CHANGE THE TOWING
1203		-	PRACTICE THAT HARMS THE PUBLIC INTEREST
1204		-	.
1205		-	SECTION 12. In Colorado Revised Statutes, 6-1-105, add (1)(ttt)
1206		-	as follows:
1207		-	6-1-105. Unfair or deceptive trade practices. (1) A person
1208		-	engages in a deceptive trade practice when, in the course of the person's
1209		-	business, vocation, or occupation, the person:
1210		-	(ttt) V
1211		-	IOLATES PART 4 OF ARTICLE 10.1 OF TITLE 40.
1212		-	SECTION 13. In Colorado Revised Statutes, amend 38-20-105 as
1213		-	follows:
	1118	+	VIOLATION OF THIS PART 4 IS A DECEPTIVE TRADE PRACTICE19
	1119	+	UNDER SECTION 6-1-105 (1)(ooo) AND IS SUBJECT TO ENFORCEMENT BY20
	1120	+	THE ATTORNEY GENERAL 'S OFFICE IN ADDITION TO THE ENFORCEMENT21
	1121	+	DESCRIBED IN THIS SECTION.22
	1122	+
	1123	+	23
	1124	+	40-10.1-410. Towing rules. UPON MAKING A FINDING THAT A 24
	1125	+	TOWING PRACTICE HARMS THE PUBLIC INTEREST , THE COMMISSION MAY25
	1126	+	PROMULGATE RULES, AS NECESSARY, TO STOP OR CHANGE THE TOWING26
	1127	+	PRACTICE THAT HARMS THE PUBLIC INTEREST .27
	1128	+	1314
	1129	+	-32- SECTION 12. In Colorado Revised Statutes, 6-1-105, add1
	1130	+	(1)(ooo) as follows:2
	1131	+	6-1-105. Unfair or deceptive trade practices. (1) A person3
	1132	+	engages in a deceptive trade practice when, in the course of the person's4
	1133	+	business, vocation, or occupation, the person:5
	1134	+	(ooo) V
	1135	+	IOLATES PART 4 OF ARTICLE 10.1 OF TITLE 40.6
	1136	+	SECTION
	1137	+	13. In Colorado Revised Statutes, amend 38-20-1057
	1138	+	as follows:8
1214	1139		38-20-105. Lien of common carrier. (1) E
1215		-	XCEPT AS PROVIDED IN
1216		-	SUBSECTION
1217		-	(2) OF THIS SECTION, every common carrier of goods or
1218		-	passengers who, at the request of the owner of any personal goods, carries,
1219		-	conveys, or transports the same from one place to another and every other
1220		-	person who safely keeps or stores any personal property at the request of the
1221		-	owner or person lawfully in possession thereof shall have
1222		-	OF THE PERSONAL
1223		-	PROPERTY HAS
1224		-	a lien upon all such
1225		-	THE personal property for his reasonable
1226		-	charges for the transportation, storage, or keeping thereof OF THE PERSONAL
1227		-	PROPERTY
1228		-	and for all reasonable and proper advances made thereon
1229		-	by him
1230		-	THE COMMON CARRIER OR WAREHOUSE , in accordance with the usage and
1231		-	custom of common carriers and warehousemen WAREHOUSES.
	1140	+	XCEPT AS PROVIDED9
	1141	+	IN SUBSECTION (2) OF THIS SECTION, every common carrier of goods or10
	1142	+	passengers who, at the request of the owner of any personal goods,11
	1143	+	carries, conveys, or transports the same from one place to another and12
	1144	+	every other person who safely keeps or stores any personal property at the13
	1145	+	request of the owner or person lawfully in possession thereof shall have
	1146	+	14
	1147	+	OF THE PERSONAL PROPERTY HAS a lien upon all such THE personal15
	1148	+	property for his reasonable charges for the transportation, storage, or16
	1149	+	keeping thereof OF THE PERSONAL PROPERTY and for all reasonable and17
	1150	+	proper advances made thereon by him THE COMMON CARRIER OR18
	1151	+	WAREHOUSE, in accordance with the usage and custom of common19
	1152	+	carriers and warehousemen WAREHOUSES.20
1232	1153		(2) I
1233		-	N ACCORDANCE WITH SECTION 40-10.1-405 (5)(a), THIS SECTION
1234		-	DOES NOT GRANT A TOWING CARRIER A LIEN ON THE CONTENTS OF A VEHICLE
1235		-	IF THE VEHICLE WAS TOWED NONCONSENSUALLY
1236		-	, AS DEFINED IN SECTION
1237		-	40-10.1-101 (13).
1238		-	SECTION 14. Appropriation. (1) For the 2022-23 state fiscal
1239		-	year, $109,475 is appropriated to the department of regulatory agencies for
1240		-	use by the public utilities commission. This appropriation is from the public
1241		-	utilities commission motor carrier fund created in section 40-2-110.5 (6),
1242		-	PAGE 26-HOUSE BILL 22-1314 C.R.S. To implement this act, the commission may use this appropriation
1243		-	as follows:
1244		-	(a) $85,981 for personal services, which amount is based on an
1245		-	assumption that the commission will require an additional 1.4 FTE;
1246		-	(b) $17,761 for operating expenses; and
1247		-	(c) $5,733 for the purchase of vehicle lease services.
1248		-	(2) For the 2022-23 state fiscal year, $5,733 is appropriated to the
1249		-	department of personnel. This appropriation is from reappropriated funds
1250		-	received from the department of regulatory agencies under subsection (1)(c)
1251		-	of this section. To implement this act, the department of personnel may use
1252		-	this appropriation for vehicle replacement lease/purchase services to the
1253		-	department of regulatory agencies.
1254		-	SECTION 15. Act subject to petition - effective date. This act
1255		-	takes effect at 12:01 a.m. on the day following the expiration of the
1256		-	ninety-day period after final adjournment of the general assembly; except
1257		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
1258		-	of the state constitution against this act or an item, section, or part of this act
1259		-	within such period, then the act, item, section, or part will not take effect
1260		-	unless approved by the people at the general election to be held in
1261		-	PAGE 27-HOUSE BILL 22-1314 November 2022 and, in such case, will take effect on the date of the official
1262		-	declaration of the vote thereon by the governor.
1263		-	____________________________ ____________________________
1264		-	Alec Garnett Steve Fenberg
1265		-	SPEAKER OF THE HOUSE PRESIDENT OF
1266		-	OF REPRESENTATIVES THE SENATE
1267		-	____________________________ ____________________________
1268		-	Robin Jones Cindi L. Markwell
1269		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
1270		-	OF REPRESENTATIVES THE SENATE
1271		-	APPROVED________________________________________
1272		-	(Date and Time)
1273		-	_________________________________________
1274		-	Jared S. Polis
1275		-	GOVERNOR OF THE STATE OF COLORADO
1276		-	PAGE 28-HOUSE BILL 22-1314
	1154	+	N ACCORDANCE WITH SECTION 40-10.1-405 (5)(a), THIS21
	1155	+	SECTION DOES NOT GRANT A TOWING CARRIER A LIEN ON
	1156	+	THE22
	1157	+	CONTENTS OF A VEHICLE IF THE VEHICLE WAS TOWED NONCONSENSUALLY ,23
	1158	+	AS DEFINED IN SECTION 40-10.1-101 (13).24
	1159	+	SECTION 14. Appropriation. (1) For the 2022-23 state fiscal25
	1160	+	year, $109,475 is appropriated to the department of regulatory agencies26
	1161	+	for use by the public utilities commission. This appropriation is from the27
	1162	+	1314
	1163	+	-33- public utilities commission motor carrier fund created in section1
	1164	+	40-2-110.5 (6), C.R.S. To implement this act, the commission may use2
	1165	+	this appropriation as follows:3
	1166	+	(a) $85,981 for personal services, which amount is based on an4
	1167	+	assumption that the commission will require an additional 1.4 FTE;5
	1168	+	(b) $17,761 for operating expenses; and6
	1169	+	(c) $5,733 for the purchase of vehicle lease services.7
	1170	+	(2) For the 2022-23 state fiscal year, $5,733 is appropriated to the8
	1171	+	department of personnel. This appropriation is from reappropriated funds9
	1172	+	received from the department of regulatory agencies under subsection10
	1173	+	(1)(c) of this section. To implement this act, the department of personnel11
	1174	+	may use this appropriation for vehicle replacement lease/purchase12
	1175	+	services to the department of regulatory agencies.13
	1176	+	SECTION 15. Act subject to petition - effective date. This act14
	1177	+	takes effect at 12:01 a.m. on the day following the expiration of the15
	1178	+	ninety-day period after final adjournment of the general assembly; except16
	1179	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V17
	1180	+	of the state constitution against this act or an item, section, or part of this18
	1181	+	act within such period, then the act, item, section, or part will not take19
	1182	+	effect unless approved by the people at the general election to be held in20
	1183	+	November 2022 and, in such case, will take effect on the date of the21
	1184	+	official declaration of the vote thereon by the governor.22
	1185	+	1314
	1186	+	-34-