First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0079.02 Jery Payne x2157
HOUSE BILL 23-1217
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING RELIEF FOR CRIME VICTIMS WHOSE MOTOR VEHICLES101
HAVE BEEN TOWED BECAUSE OF THE CRIME .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires a towing carrier (carrier) to release a motor
vehicle without demanding or accepting payment for any fee or charge
associated with the tow or storage if the motor vehicle was towed without
the owner's consent from public or private property and the tow was a
result of the owner being a victim of a crime or the motor vehicle being
stolen. The owner must provide appropriate documentation.
HOUSE SPONSORSHIP
Froelich,
SENATE SPONSORSHIP
Fields,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. To reimburse tow carriers for nonconsensual tows from private
property, the bill creates an enterprise with a 5-person governing board.
The governing board must meet at least annually and may:
! Take actions necessary to implement and administer the
enterprise;
! Issue bonds;
! Audit participating carriers;
! Hire any necessary employees; and
! Obtain the necessary office space, equipment, and services.
The governing board is required to:
! Implement and administer the enterprise;
! Annually report to the public utilities commission;
! Establish policies; and
! Coordinate with the commission and department of revenue
(department).
The enterprise will administer a voluntary reimbursement program
for participating carriers. Under the program, a carrier collects a fee,
sends it to the enterprise, and the enterprise reimburses the carrier for the
cost of providing a law enforcement tow and storage based on average
costs of providing the tow and storage.
The department must create a database of motor vehicles that have
been reported abandoned on public or private property. The database must
contain certain information to identify the motor vehicle and be made
available online to the public, so that a person may search the database to
find an abandoned motor vehicle.
Current law requires a law enforcement agency or carrier with a
motor vehicle towed from private or public property to check to see if the
motor vehicle has been stolen within 30 minutes after the carrier tows the
motor vehicle. If the motor vehicle has been stolen, the law enforcement
agency will return it to the owner. The bill requires another check 48
hours after towing the motor vehicle.
Current law requires an abandoned motor vehicle to be sold no
fewer than 30 days after and within 60 days after it is towed. The bill
repeals the requirement that the motor vehicle be sold within 60 days. It
states that if the carrier is notified that the motor vehicle was towed
because of a crime, the sale must be made no fewer than 60 days after the
tow and the owner is notified of the 60 day minimum time frame for
holding the motor vehicle.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 40-10.1-101, add2
(9.7) as follows:3
HB23-1217-2- 40-10.1-101. Definitions. As used in this article 10.1, unless the1
context otherwise requires:2
(9.7) "L
AW ENFORCEMENT TOW " MEANS THE TRANSPORTATION OF3
A VEHICLE BY TOW TRUCK FROM PUBLIC PROPERTY IF THE4
TRANSPORTATION IS PERFORMED WITHOUT THE PRIOR CONSENT OF :5
(a) T
HE OWNER OF THE VEHICLE, AUTHORIZED OPERATOR OF THE6
VEHICLE, OR AGENT OF THE OWNER OF THE VEHICLE ;7
(b) T
HE LIENHOLDER OF THE VEHICLE OR AGENT OF THE8
LIENHOLDER, UNLESS THE VEHICLE IS BEING TOWED FOR THE PURPOSE OF9
REPOSSESSION UNDER A LIEN AGREEMENT ; OR10
(c) I
F THE OWNER SIGNS A RELEASE AUTHORIZING AN INSURANCE11
COMPANY TO ACT ON BEHALF OF THE OWNER , THE INSURANCE COMPANY12
OR AGENT OF THE INSURANCE COMPANY PROVIDING INSURANCE13
COVERAGE ON THE VEHICLE.14
SECTION 2. In Colorado Revised Statutes, add 40-10.1-411 and15
40-10.1-412 as follows:16
40-10.1-411. Victims of crime - nonconsensual tow and law17
enforcement tow - rules. (1) A
TOWING CARRIER SHALL RELEASE A18
MOTOR VEHICLE TO THE OWNER WITHOUT DEMANDING OR ACCEPTING19
PAYMENT FOR ANY FEE OR CHARGE ASSOCIATED WITH THE TOW OR20
STORAGE IF:21
(a) (I) T
HE TOWING CARRIER TOWED THE MOTOR VEHICLE22
WITHOUT THE OWNER 'S CONSENT OR BECAUSE IT WAS A LAW23
ENFORCEMENT TOW; OR24
(II) A
LAW ENFORCEMENT AGENCY TOWED THE MOTOR VEHICLE25
AND THE TOW WAS A LAW ENFORCEMENT TOW ;26
(b) T
HE TOWING CARRIER IS NOTIFIED THAT THE TOW WAS A27
HB23-1217
-3- RESULT OF THE MOTOR VEHICLE NOT BEING RETRIEVED FROM PRIVATE OR1
PUBLIC PROPERTY;2
(c) T
HE OWNER OR DRIVER FAILED TO RETRIEVE THE MOTOR3
VEHICLE FROM PRIVATE OR PUBLIC PROPERTY BECAUSE :4
(I) T
HE DRIVER WAS A VICTIM OF A CRIME; OR5
(II) T
HE MOTOR VEHICLE WAS STOLEN ; AND6
(d) T
HE OWNER OF, DRIVER OF, OR AGENT OF THE MOTOR VEHICLE7
PROVIDES THE TOWING CARRIER EVIDENCE THAT THE PERSON WAS THE8
VICTIM OF A CRIME AS DESCRIBED IN SUBSECTION (1)(c) OF THIS SECTION,9
WHICH EVIDENCE IS FROM A LAW ENFORCEMENT AGENCY OR10
DOCUMENTATION ISSUED BY A CRIME VICTIM COMPENSATION BOARD IN11
ACCORDANCE WITH PART 1 OF ARTICLE 4.1 OF TITLE 24.12
(2) T
HE COMMISSION MAY PROMULGATE RULES TO IMPLEMENT13
THIS SECTION.14
40-10.1-412. FAVOR enterprise - governing board - towing15
carriers reimbursement program - participating carrier fee -16
reimbursement - FAVOR fund - participation - definitions - repeal.17
(1) Short title. T
HE SHORT TITLE OF THIS SECTION IS THE "FUND18
A
UTOMOBILE VICTIM OPERATOR RELEASE ACT" OR "FAVOR ACT".19
(2) Legislative declaration. (a) T
HE GENERAL ASSEMBLY FINDS20
THAT:21
(I) S
ECTION 40-10.1-411 PROHIBITS A TOWING CARRIER FROM22
COLLECTING FEES OR CHARGES TO RELEASE A MOTOR VEHICLE IF THE23
OWNER OR DRIVER WAS A CRIME VICTIM AND CERTAIN REQUIREMENTS ARE24
MET; AND25
(II) T
O HELP TOWING CARRIERS RECOVER LOST REVENUE , THIS26
SECTION AUTHORIZES THE COLLECTION OF FEES FROM PARTICIPATING27
HB23-1217
-4- CARRIERS TO REIMBURSE THOSE CARRIERS FOR THE COSTS OF MAKING A1
NONCONSENSUAL TOW .2
(b) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT :3
(I) T
HE FAVOR ENTERPRISE IS ESTABLISHED AS A STATE-OWNED4
ENTERPRISE THAT OPERATES A TOWING CARRIER REIMBURSEMENT5
PROGRAM, AND THIS REIMBURSEMENT PROGRAM IS ANALOGOUS TO AN6
INSURANCE PROGRAM BECAUSE THE FEES ESTABLISHED UNDER THIS7
SECTION ENSURE THAT A TOWING CARRIER DOES NOT LOSE MONEY ON A8
NONCONSENSUAL TOW ;9
(II) T
HE FAVOR ENTERPRISE CONSTITUTES AN ENTERPRISE FOR10
PURPOSES OF SECTION 20 OF ARTICLE X OF THE COLORADO CONSTITUTION11
SO LONG AS THE FAVOR ENTERPRISE RETAINS AUTHORITY TO ISSUE12
REVENUE BONDS AND RECEIVES LESS THAN TEN PERCENT OF ITS TOTAL13
ANNUAL REVENUES IN GRANTS , AS DEFINED IN SECTION 24-77-102 (7),14
FROM ALL COLORADO STATE AND LOCAL GOVERNMENTS COMBINED ; 15
(III) F
OR AS LONG AS IT CONSTITUTES AN ENTERPRISE UNDER THIS16
SECTION, THE FAVOR ENTERPRISE IS NOT SUBJECT TO SECTION 20 OF17
ARTICLE X OF THE COLORADO CONSTITUTION; AND18
(IV) T
HE FEE ESTABLISHED IN SUBSECTION (5)(a) OF THIS SECTION19
IS NOT A TAX BUT IS INSTEAD A VOLUNTARY FEE.20
(3) Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT21
OTHERWISE REQUIRES:22
(a) "FAVOR
ENTERPRISE" MEANS THE ENTERPRISE CREATED IN23
SUBSECTION (4) OF THIS SECTION.24
(b) "F
EE" MEANS THE FAVOR ENTERPRISE FEE ESTABLISHED BY25
THE FAVOR ENTERPRISE IN ACCORDANCE WITH SUBSECTION (5)(a) OF26
THIS SECTION.27
HB23-1217
-5- (c) "FUND" MEANS THE FAVOR ENTERPRISE FUND CREATED IN1
SUBSECTION (6) OF THIS SECTION.2
(d) "G
OVERNING BOARD" MEANS THE GOVERNING BOARD OF THE3
FAVOR
ENTERPRISE DESCRIBED IN SUBSECTION (4)(a) OF THIS SECTION.4
(e) "P
ARTICIPATING CARRIER" MEANS A TOWING CARRIER OR AN5
IMPOUND FACILITY USED TO STORE MOTOR VEHICLES FOR A TOWING6
CARRIER THAT HAS VOLUNTARILY CHOSEN TO PAY THE FEE AND BE7
REIMBURSED IN ACCORDANCE WITH SUBSECTION (5) OF THIS SECTION.8
(f) "S
TANDARD REIMBURSEMENT " MEANS THE REIMBURSEMENT9
AMOUNT SET IN ACCORDANCE WITH SUBSECTION (5)(c) OF THIS SECTION.10
(4) FAVOR enterprise - creation - governing board - powers11
and duties - issuance of bonds. (a) T
HE FAVOR ENTERPRISE IS12
CREATED AS A GOVERNMENT -OWNED BUSINESS WITHIN THE COMMISSION .13
T
HE GOVERNING BOARD OF THE FAVOR ENTERPRISE CONSISTS OF FIVE14
MEMBERS APPOINTED AS FOLLOWS :15
(I) T
HE COMMISSION SHALL APPOINT ONE MEMBER WHO IS THE16
CHAIR OF THE GOVERNING BOARD ;17
(II) T
HE CHIEF OF THE COLORADO STATE PATROL SHALL APPOINT18
ONE MEMBER;19
(III) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE20
SHALL APPOINT ONE MEMBER ; AND21
(IV) T
HE GOVERNOR SHALL APPOINT TWO MEMBERS : ONE MEMBER22
WHO REPRESENTS VICTIMS ASSISTANCE BOARDS AND ONE MEMBER WHO23
REPRESENTS TOWING CARRIERS .24
(b) E
ACH APPOINTING OFFICIAL DESCRIBED SUBSECTION (4)(a) OF25
THIS SECTION SHALL MAKE THE INITIAL APPOINTMENTS TO THE GOVERNING26
BOARD NO LATER THAN OCTOBER 1, 2023.27
HB23-1217
-6- (c) THE TERM OF OFFICE OF MEMBERS OF THE GOVERNING BOARD1
IS FOUR YEARS; EXCEPT THAT:2
(I) E
ACH MEMBER OF THE GOVERNING BOARD SERVES AT THE3
PLEASURE OF THE OFFICIAL WHO APPOINTED THE MEMBER ; AND4
(II) (A) I
N ORDER TO ENSURE STAGGERED TERMS OF OFFICE , FOR5
EACH MEMBER INITIALLY APPOINTED IN ACCORDANCE WITH SUBSECTIONS6
(4)(a)(II)
AND (4)(a)(IV) OF THIS SECTION, THE INITIAL TERM OF OFFICE IS7
TWO YEARS.8
(B) T
HIS SUBSECTION (4)(c)(II) IS REPEALED, EFFECTIVE JULY 1,9
2028.10
(d) E
ACH MEMBER OF THE GOVERNING BOARD OTHER THAN A11
STATE EMPLOYEE SERVES WITHOUT COMPENSATION BUT IS ENTITLED TO12
RECEIVE REIMBURSEMENT FROM MONEY IN THE FUND FOR ACTUAL AND13
NECESSARY EXPENSES THE MEMBER INCURS IN THE PERFORMANCE OF THE14
MEMBER'S DUTIES FOR THE GOVERNING BOARD .15
(e) (I) T
HE COMMISSION SHALL ORGANIZE THE GOVERNING BOARD16
AND CALL THE FIRST MEETING OF THE GOVERNING BOARD TO OCCUR BY17
N
OVEMBER 1, 2023.18
(II) T
HE GOVERNING BOARD SHALL MEET AT LEAST ANNUALLY .19
T
HE CHAIR MAY CALL ADDITIONAL MEETINGS AS NECESSARY FOR THE20
GOVERNING BOARD TO COMPLETE ITS DUTIES .21
(f) T
HE GOVERNING BOARD MAY :22
(I) T
AKE ACTIONS NECESSARY TO IMPLEMENT AND ADMINISTER23
THIS SECTION;24
(II) I
SSUE BONDS IN ACCORDANCE WITH SUBSECTION (4)(h) OF THIS25
SECTION;26
(III) P
ERFORM AUDITS ON PARTICIPATING CARRIERS OR RETAIN A27
HB23-1217
-7- CERTIFIED PUBLIC ACCOUNTING FIRM TO PERFORM THE AUDIT ;1
(IV) H
IRE ANY NECESSARY EMPLOYEES , WHO MAY ALSO BE2
EMPLOYEES OF THE COMMISSION , TO IMPLEMENT AND ADMINISTER THIS3
SECTION; AND4
(V) O
BTAIN THE NECESSARY OFFICE SPACE , EQUIPMENT, AND5
SERVICES NECESSARY TO IMPLEMENT AND ADMINISTER THIS SECTION .6
(g) T
HE GOVERNING BOARD SHALL :7
(I) O
VERSEE THE IMPLEMENTATION AND ADMINISTRATION OF THIS8
SECTION;9
(II) A
NNUALLY REPORT TO THE COMMISSION , BY A DATE10
DETERMINED BY THE COMMISSION , CONCERNING THE IMPLEMENTATION11
AND ADMINISTRATION OF THIS SECTION ;12
(III) E
STABLISH POLICIES TO IMPLEMENT AND ADMINISTER THIS13
SECTION; AND14
(IV) C
OORDINATE WITH THE COMMISSION AND DEPARTMENT OF15
REVENUE TO IMPLEMENT AND ADMINISTER THIS SECTION .16
(h) T
HE FAVOR ENTERPRISE MAY ISSUE BONDS, BUT IF THE TOTAL17
AMOUNT OF ALL ISSUED BONDS EXCEEDS FIFTY PERCENT OF THE PREVIOUS18
FISCAL YEAR'S FEE REVENUE, THE ISSUANCE IS SUBJECT TO APPROVAL BY19
THE COMMISSION. THE BONDS MUST BE:20
(I) I
SSUED BY A RESOLUTION OF THE GOVERNING BOARD ; AND21
(II) S
ECURED BY AND PAYABLE SOLELY OUT OF THE MONEY IN THE22
FUND.23
(5) Reimbursement program created - participating carrier24
fee - reimbursement. (a) (I) T
HE TOWING CARRIER REIMBURSEMENT25
PROGRAM IS CREATED IN ACCORDANCE WITH THIS SECTION . THE FAVOR26
ENTERPRISE SHALL ESTABLISH A FEE ON EACH LAW ENFORCEMENT TOW27
HB23-1217
-8- PERFORMED BY A PARTICIPATING CARRIER . THE FEE MUST BE SET IN AN1
AMOUNT TO OFFSET THE DIRECT AND INDIRECT COST OF IMPLEMENTING2
THIS SECTION.3
(II) A
PARTICIPATING CARRIER MAY INCLUDE THE COST OF THE FEE4
IN THE COSTS THE CARRIER MAY CHARGE TO RELEASE A LAW5
ENFORCEMENT TOW UNDER SECTION 42-4-2103 (6).6
(b) T
HE FAVOR ENTERPRISE SHALL PROVIDE A PARTICIPATING7
CARRIER THE STANDARD REIMBURSEMENT FOR EACH LAW ENFORCEMENT8
TOW THAT THE CARRIER RELEASES TO AN OWNER OR OWNER 'S AGENT IN9
ACCORDANCE WITH SECTION 40-10.1-411. THE STANDARD10
REIMBURSEMENT IS PROVIDED FROM THE FUND .11
(c) T
HE FAVOR ENTERPRISE SHALL ESTABLISH A STANDARD12
REIMBURSEMENT AMOUNT BASED ON THE AVERAGE COST OF TOWING AND13
STORING MOTOR VEHICLES AS A RESULT OF LAW ENFORCEMENT TOWS , BUT14
THE FAVOR ENTERPRISE MAY ADJUST THE STANDARD REIMBURSEMENT15
TO TAKE INTO ACCOUNT GEOGRAPHIC DIFFERENCES IN THE COSTS OF16
TOWING AND STORING MOTOR VEHICLES AS A RESULT OF A LAW17
ENFORCEMENT TOW.18
(d) T
HE FAVOR ENTERPRISE MAY ESTABLISH POLICIES AND19
PROCEDURES FOR COLLECTING THE FEE , REIMBURSING PARTICIPATING20
CARRIERS, BECOMING A PARTICIPATING CARRIER, AND ANY OTHER ACTION21
NECESSARY TO IMPLEMENT THIS SECTION .22
(6) FAVOR fund. (a) T
HE FAVOR ENTERPRISE FUND IS HEREBY23
CREATED IN THE STATE TREASURY. THE FUND CONSISTS OF FEES CREDITED24
TO THE FUND UNDER SUBSECTION (5) OF THIS SECTION AND ANY OTHER25
MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER26
TO THE FUND.27
HB23-1217
-9- (b) THE STATE TREASURER SHALL CREDIT ALL INTEREST AND1
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE2
FUND TO THE FUND.3
(c) S
UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL4
ASSEMBLY, THE FAVOR ENTERPRISE MAY EXPEND MONEY FROM THE5
FUND TO IMPLEMENT AND ADMINISTER THIS SECTION .6
(7) Participation. (a) A
TOWING CARRIER MAY PARTICIPATE7
UNDER THIS SECTION IF THE TOWING CARRIER AGREES TO PAY AND8
SUBSEQUENTLY PAYS THE FEE FOR EACH LAW ENFORCEMENT TOW9
PERFORMED BY THE TOWING CARRIER . PARTICIPATION IS VOLUNTARY, BUT10
TO PARTICIPATE, A TOWING CARRIER MUST AGREE TO BE AUDITED BY THE11
FAVOR
ENTERPRISE.12
(b) I
F A MOTOR VEHICLE IS IMPOUNDED BY A DIFFERENT13
PARTICIPATING CARRIER THAN THE PARTICIPATING CARRIER THAT TOWED14
THE MOTOR VEHICLE:15
(I) E
ACH PARTICIPATING CARRIER SHALL PAY A PORTION OF THE16
FEE BASED ON AN AGREEMENT BETWEEN THE CARRIERS ; AND17
(II) T
HE PARTICIPATING CARRIERS SHALL DIVIDE THE18
REIMBURSEMENT AMOUNT BASED ON THE PORTION OF THE FEE PAID BY19
EACH PARTICIPATING CARRIER.20
SECTION 3. In Colorado Revised Statutes, add 42-1-236 as21
follows:22
42-1-236. Towed motor vehicle database. (1) O
N OR BEFORE23
J
ULY 1, 2024, THE DEPARTMENT SHALL CREATE A DATABASE OF MOTOR24
VEHICLES THAT HAVE BEEN REPORTED ABANDONED ON PUBLIC PROPERTY25
AND TOWED IN ACCORDANCE WITH SECTION 42-4-1804 (1)(b) OR ON26
PRIVATE PROPERTY AND TOWED IN ACCOR DANCE WITH SECTION 42-4-210327
HB23-1217
-10- (3)(a). THE DATABASE MUST INCLUDE :1
(a) T
HE IDENTITY OF THE OPERATOR OR LAW ENFORCEMENT2
AGENCY THAT HAS POSSESSION OF EACH MOTOR VEHICLE ;3
(b) T
HE MAKE, MODEL, COLOR, AND YEAR OF EACH MOTOR4
VEHICLE; AND5
(c) T
HE VEHICLE IDENTIFICATION NUMBER OF EACH MOTOR6
VEHICLE.7
(2) T
HE DEPARTMENT SHALL MAKE THE DATABASE AVAILABLE TO8
THE PUBLIC BY MEANS OF A WEBSITE SO THAT A PERSON MAY SEARCH THE9
DATABASE TO FIND AN ABANDONED MOTOR VEHICLE BY THE INFORMATION10
DESCRIBED IN SUBSECTIONS (1)(a) TO (1)(c) OF THIS SECTION.11
(3) T
HE DEPARTMENT SHALL REMOVE A MOTOR VEHICLE AND THE12
CORRESPONDING INFORMATION DESCRIBED IN SUBSECTIONS (1)(a) TO13
(1)(c)
OF THIS SECTION FROM THE DATABASE NO FEWER THAN ONE14
HUNDRED TWENTY DAYS AFTER RECEIVING THE REPORT IN ACCORDANCE15
WITH SECTION 42-4-1804 (1)(b) OR 42-4-2103 (3)(a).16
SECTION 4. In Colorado Revised Statutes, 42-4-1804, amend17
(1)(a), (4)(a), and (4)(b) as follows:18
42-4-1804. Report of abandoned motor vehicles - owner's19
opportunity to request hearing. (1) (a) (I) Upon having an abandoned20
motor vehicle towed, the responsible law enforcement agency shall21
ascertain, if possible, whether or not
the motor vehicle has been reported22
stolen. and, IF THE RESPONSIBLE LAW ENFORCEMENT AGENCY OR TOW23
OPERATOR STILL HAS CUSTODY OF THE MOTOR VEHICLE FORTY -EIGHT24
HOURS AFTER IT IS TOWED, THE LAW ENFORCEMENT AGENCY OR THE TOW25
OPERATOR WITH CUSTODY SHALL REASCERTAIN WHETHER THE MOTOR26
VEHICLE HAS BEEN REPORTED STOLEN , BUT THE LAW ENFORCEMENT27
HB23-1217
-11- AGENCY OR TOW OPERATOR MAY REASCERTAIN WHETHER THE MOTOR1
VEHICLE HAS BEEN REPORTED STOLEN DURING NORMAL BUSINESS HOURS .2
If so THE MOTOR VEHICLE IS reported STOLEN:3
(A) such IF THE TOW OPERATOR HAS CUSTODY OF THE MOTOR4
VEHICLE, THE TOW OPERATOR SHALL NOTIFY THE LAW ENFORCEMENT5
AGENCY OF THE REPORT; AND6
(B) T
HE LAW ENFORCEMENT agency shall recover, IF NECESSARY,7
and secure the motor vehicle and notify its rightful owner and terminate8
the abandonment proceedings under this part 18.9
(II) E
XCEPT AS PROVIDED IN SECTION 40-10.1-411, the responsible10
law enforcement agency and the towing carrier shall have
TOW OPERATOR11
HAVE the right to recover from the owner their reasonable costs and fees12
for recovering and securing the motor vehicle. Nothing in this section13
shall be construed to authorize AUTHORIZES fees for services that were not14
provided or that were provided by another person or entity.15
(4) (a) If the responsible law enforcement agency does not use an16
operator to store the motor vehicle, the responsible law enforcement17
agency, within ten working days after the receipt of the report from the18
department required in subsection (2) of this section, shall notify by19
certified mail the owner of record, if ascertained, and any lienholder, if20
ascertained, of the fact of such report and the claim of any lien under21
section 42-4-1806. The notice shall MUST contain information that:22
(I) The identified motor vehicle has been reported abandoned to23
the department;24
(II) G
IVES the location of the motor vehicle and the location from25
where it was towed; and that,
26
(III) Unless claimed within thirty calendar days after the date the27
HB23-1217
-12- notice was sent as determined from the postmark on the notice, the motor1
vehicle is subject to sale;
AND2
(IV) I
F THE MOTOR VEHICLE WAS LEFT ON PUBLIC PROPERTY3
BECAUSE THE DRIVER WAS THE VICTIM OF A CRIME , THE OWNER OR THE4
OWNER'S AGENT MAY NOTIFY THE RESPONSIBLE LAW ENFORCEMENT5
AGENCY OF THE FACT AND THE MOTOR VEHICLE WILL BE SUBJECT TO SALE6
IF UNCLAIMED WITHIN SIXTY DAY AFTER THE DATE THE NOTICE WAS SENT7
AS DETERMINED FROM THE POSTMARK ON THE NOTICE .8
(b) If the responsible law enforcement agency uses an operator to9
store the motor vehicle, the responsible law enforcement agency, within10
ten working days after the receipt of the report from the department11
required in subsection (2) of this section, shall notify by first-class mail12
the owner of record, if ascertained, and any lienholder, if ascertained, of13
the fact of the report and the claim of any lien under section 42-4-1806.14
The notice shall
MUST contain information that:15
(I) The identified motor vehicle has been reported abandoned to16
the department; 17
(II) G
IVES the location of the motor vehicle and the location from18
where it was towed; and that,
19
(III) Unless claimed within thirty calendar days after the date the20
notice was sent as determined from the postmark on the notice, the motor21
vehicle is subject to sale;
AND22
(IV) I
F THE MOTOR VEHICLE WAS LEFT ON PUBLIC PROPERTY23
BECAUSE THE DRIVER WAS THE VICTIM OF A CRIME , THE OWNER OR THE24
OWNER'S AGENT MAY NOTIFY THE OPERATOR OR THE RESPONSIBLE LAW25
ENFORCEMENT AGENCY OF THE FACT AND THE MOTOR VEHICLE WILL BE26
SUBJECT TO SALE IF UNCLAIMED WITHIN SIXTY DAY AFTER THE DATE THE27
HB23-1217
-13- NOTICE WAS SENT AS DETERMINED FROM THE POSTMARK ON THE NOTICE .1
SECTION 5. In Colorado Revised Statutes, 42-4-1805, amend2
(1)(a) as follows:3
42-4-1805. Appraisal of abandoned motor vehicles - sale.4
(1) (a) (I) Abandoned motor vehicles or motor vehicles abandoned in an5
impound lot subsequent to a tow from public property shall be appraised6
T
HE RESPONSIBLE LAW ENFORCEMENT AGENCY SHALL OBTAIN AN7
APPRAISAL OF AN ABANDONED MOTOR VEHICLE . THE APPRAISAL MUST BE8
PERFORMED by a law enforcement officer or an independent motor9
vehicle dealer.10
(II) and sold by
EXCEPT AS PROVIDED IN SUBSECTION (1)(a)(III)11
OF THIS SECTION, the responsible law enforcement agency SHALL SELL AN12
ABANDONED MOTOR VEHICLE at a public or private sale held not less than13
AT LEAST thirty days nor more than sixty days after the date the notice14
required by section 42-4-1804 (4) was mailed.15
(III) T
HE RESPONSIBLE LAW ENFORCEMENT AGENCY SHALL SELL16
AN ABANDONED MOTOR VEHICLE AT A PUBLIC OR PRIVATE SALE HELD AT17
LEAST SIXTY DAYS AFTER THE NOTICE REQUIRED BY SECTION 42-4-180418
(4)
WAS MAILED BY THE RESPONSIBLE LAW ENFORCEMENT AGENCY IF THE19
RESPONSIBLE LAW ENFORCEMENT AGENCY OR THE OPERATOR IS NOTIFIED20
THAT THE MOTOR VEHICLE WAS LEFT ON PUBLIC PROPERTY BECAUSE THE21
DRIVER WAS THE VICTIM OF A CRIME.22
SECTION 6. In Colorado Revised Statutes, 42-4-2103, amend23
(2)(b)(III) introductory portion, (4)(c), and (4)(d); and add (4)(e) and (6)24
as follows:25
42-4-2103. Abandonment and nonconsensual towing of motor26
vehicles - private property - rules. (2) (b) Upon receiving the notice27
HB23-1217
-14- required in subsection (2)(a) of this section, the law enforcement agency1
that receives the notice shall:2
(III) I
MMEDIATELY AND AGAIN AFTER FORTY -EIGHT HOURS,3
ascertain, if possible, whether the
MOTOR vehicle has been reported4
stolen, and, if so, the agency shall:5
(4) Within three days after the receipt of the records set forth in6
subsection (3)(c) of this section from the department, the operator shall7
notify by certified mail the owner of record, including an out-of-state8
owner of record. The operator shall make a reasonable effort to ascertain9
the address of the owner of record. The notice must contain the following10
information:11
(c) The location of the motor vehicle and the location from which12
it was towed; and
13
(d) That, unless claimed within thirty calendar days after the date14
the notice was sent, as determined from the postmark on the notice, the15
motor vehicle is subject to sale;
AND16
(e) I
F THE MOTOR VEHICLE WAS LEFT ON PRIVATE PROPERTY17
BECAUSE THE DRIVER WAS THE VICTIM OF A CRIME , THE OWNER OR THE18
OWNER'S AGENT MAY NOTIFY THE OPERATOR OF THE FACT AND THE19
MOTOR VEHICLE WILL BE SUBJECT TO SALE IF UNCLAIMED WITHIN SIXTY20
DAYS AFTER THE DATE THE NOTICE WAS SENT AS DETERMINED FROM THE21
POSTMARK ON THE NOTICE.22
(6) P
AYMENT OF THE FEE ESTABLISHED IN ACCORDANCE WITH23
SECTION 40-10.1-412 (5) IS A COST OF TOWING.24
SECTION 7. In Colorado Revised Statutes, 42-4-2104, amend25
(1)(a) introductory portion as follows:26
42-4-2104. Appraisal of abandoned motor vehicles - sale.27
HB23-1217
-15- (1) (a) To sell a motor vehicle that was abandoned on private property,1
the operator must sell the motor vehicle in a commercially reasonable2
manner at a public or private sale held not less than thirty days nor more3
than sixty days after the postmarked date the notice was mailed pursuant4
to section 42-4-2103 (4) or the date the operator receives notice that no5
record exists for such THE MOTOR vehicle; EXCEPT THAT AN ABANDONED6
MOTOR VEHICLE MUST BE SOLD NOT LESS THAN SIXTY DAYS AFTER THE7
DATE THE NOTICE WAS SENT AS DETERMINED FROM THE POSTMARK ON THE8
NOTICE IF THE OPERATOR HAS BEEN NOTIFIED THAT THE MOTOR VEHICLE9
WAS LEFT ON PRIVATE PROPERTY BECAUSE THE DRIVER WAS THE VICTIM10
OF A CRIME. The operator must make the sale to a licensed motor vehicle11
dealer or wholesaler, or wholesale motor vehicle auction dealer, or12
through a classified newspaper advertisement published in Colorado. The13
appraisal must be performed by an independent third person. For purposes14
of this section, a sale is not commercially reasonable if:15
SECTION 8. In Colorado Revised Statutes, 24-75-402, add16
(5)(aaa) as follows:17
24-75-402. Cash funds - limit on uncommitted reserves -18
reduction in the amount of fees - exclusions - definitions - repeal.19
(5) Notwithstanding any provision of this section to the contrary, the20
following cash funds are excluded from the limitations specified in this21
section:22
(aaa) T
HE FAVOR ENTERPRISE FUND CREATED IN SECTION23
40-10.1-412
(6).24
SECTION 9. Safety clause. The general assembly hereby finds,25
determines, and declares that this act is necessary for the immediate26
preservation of the public peace, health, or safety.27
HB23-1217
-16-