Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0240.01 Jery Payne x2157
HOUSE BILL 24-1051
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING THE REGULATION OF BUSINESSES THAT OBTAIN A PERMIT101
FROM THE PUBLIC UTILITIES COMMISSION TO TOW MOTOR102
VEHICLES.103
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/
.)
Transportation Legislation Review Committee. The bill
requires a driver of tow trucks to undergo a fingerprint-based criminal
history record check (check). If the check produces a criminal history that
the public utilities commission (commission) determines is inappropriate
to drive a tow truck, the driver will not be permitted to drive the tow
HOUSE SPONSORSHIP
Boesenecker and Mauro,
SENATE SPONSORSHIP
Cutter and Priola,
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. truck.
Current law authorizes the commission to deny or refuse to renew
a towing carrier permit if:
! The towing carrier was convicted within the last 5 years of
a felony or a towing-related offense or has failed to satisfy
a civil penalty imposed by the commission; or
! The commission determines that it is not in the public
interest for the towing carrier to hold a towing carrier
permit.
The bill:
! Authorizes the commission to suspend or revoke a permit
for each of these specified violations;
! Authorizes the commission to suspend or revoke a permit
if it is not in the public interest for the towing carrier to
hold a towing permit; and
! Sets a rebuttable presumption that it is not in the public
interest for a towing carrier to hold a permit if the towing
carrier has violated the towing laws.
The bill prohibits a member of the towing task force in the
department of regulatory agencies, which advises the commission on
towing matters, from voting on a matter that will financially benefit the
member or if the member is the subject of a complaint about which the
task force is advising the commission.
Current law requires the commission to report certain towing
issues and financial information to certain committees of the Senate and
House of Representatives of the general assembly. The bill requires the
commission to promulgate a rule to require towing carriers to provide:
! Any information needed to prepare the report;
! Audited financial statements; and
! Any other information required by the commission.
The bill directs the commission to aggregate and anonymize the financial
statements and make the aggregated and anonymized data publicly
available.
A towing carrier is forbidden from patrolling or monitoring
property to enforce parking restrictions on behalf of the property owner.
Currently, the owner of a motor vehicle pays to retrieve the motor
vehicle when the vehicle has been nonconsensually towed from another
person's property. The bill requires certain property owners to pay for the
removal of the vehicle from their property and for any storage for the first
30 days. The towing carrier is required to notify the vehicle owner that
the vehicle owner can retrieve the vehicle free of charge for the first 30
days.
If a motor vehicle is nonconsensually towed in violation of the
rights granted in state statute, the towing carrier must, within 48 hours
after the determination of a statutory violation, return the vehicle to the
HB24-1051
-2- place it was towed from.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 40-10.1-110, amend2
(1)(a) as follows:3
40-10.1-110. Record check - rules. (1) (a) An individual who4
wishes to drive: A taxicab for a motor carrier that is the holder of a5
certificate to provide taxicab service issued under part 2 of this article6
10.1; a motor vehicle for a motor carrier that is the holder of a permit to7
operate as a charter bus, children's activity bus, luxury limousine, or8
off-road scenic charter under part 3 of this article 10.1;
A TOW TRUCK FOR9
A TOWING CARRIER THAT IS THE HOLDER OF A PERMIT ISSUED UNDER PART10
4
OF THIS ARTICLE 10.1; or a motor vehicle for a motor carrier that is the11
holder of a permit to operate as a large-market taxicab service under part12
7 of this article 10.1 must have the individual's fingerprints taken by a13
local law enforcement agency or any third party approved by the14
Colorado bureau of investigation for the purpose of obtaining a15
fingerprint-based criminal history record check.16
SECTION 2. In Colorado Revised Statutes, 40-10.1-401, amend17
(2) as follows:18
40-10.1-401. Permit requirements. (2) (a) (I) The commission19
may deny an application
FOR or SUSPEND, REVOKE, OR refuse to renew a20
permit under this part 4 of a person who
THAT has, within the21
immediately preceding five years, been convicted of, or pled guilty or22
nolo contendere to, a felony or a towing-related offense. The commission23
may also deny an application under this part 4 or
SUSPEND, REVOKE, OR24
refuse to renew the permit of a towing carrier based upon a determination25
HB24-1051-3- that the towing carrier or any of its owners, principals, officers, members,1
partners, or directors has not satisfied a civil penalty arising out of any AN2
administrative or enforcement action brought by the commission.3
(II) A
TOWING CARRIER THAT APPLIES FOR A PERMIT OR THAT4
APPLIES TO RENEW A PERMIT SHALL DISCLOSE TO THE COMMISSION EACH5
PERSON THAT:6
(A) O
WNS MORE THAN FIFTEEN PERCENT OF THE TOWING CARRIER ;7
(B) I
S A PRINCIPAL OF, AN OFFICER OF, OR A DIRECTOR OF THE8
TOWING CARRIER; OR9
(C) I
S A MEMBER OR PARTNER OF THE TOWING CARRIER .10
(b) The commission may deny an application
FOR or SUSPEND,11
REVOKE, OR refuse to renew a permit of a towing carrier under this part12
4 based on a determination that there is good cause to believe the
13
issuance of or renewal of the permit IT is not in the public interest FOR14
THE TOWING CARRIER TO POSSESS A PERMIT. The determination is subject15
to appeal in accordance with commission rules. I
T IS REBUTTABLY16
PRESUMED THAT A TOWING CARRIER 'S POSSESSION OF A PERMIT IS NOT IN17
THE PUBLIC INTEREST IF:18
(I) T
HE TOWING CARRIER HAS WILLFULLY VIOLATED THIS ARTICLE19
10.1
OR PART 18 OR 21 OF ARTICLE 4 OF TITLE 42; OR20
(II) T
HE TOWING CARRIER HAS FAILED TO COMPLY WITH THIS21
ARTICLE 10.1 OR PART 18 OR 21 OF ARTICLE 4 OF TITLE 42. 22
SECTION 3. In Colorado Revised Statutes, 40-10.1-403, amend23
(4)(d)(II); and add (3.5), (4)(e), and (4)(f) as follows:24
40-10.1-403. Towing task force - creation - conflict of interest25
- rules - report - repeal. (3.5) (a) A
MEMBER SHALL NOTIFY THE TASK26
FORCE AND ABSTAIN FROM VOTING IF:27
HB24-1051
-4- (I) THE MEMBER WILL FINANCIALLY BENEFIT FROM , OR HAS A1
FINANCIAL INTEREST IN A PERSON THAT WILL BENEFIT FROM , A RATE2
SETTING RECOMMENDATION MADE BY THE TASK FORCE ; OR3
(II) T
HE TASK FORCE IS ADVISING THE COMMISSION ABOUT A4
COMPLAINT, AND THE MEMBER IS THE SUBJECT OF THE COMPLAINT OR HAS5
A FINANCIAL INTEREST IN A PERSON THAT IS THE SUBJECT OF THE6
COMPLAINT.7
(b) A
MEMBER DOES NOT HAVE A CONFLICT OF INTEREST IF THE8
MEMBER BENEFITS MERELY FROM BELONGING TO A CLASS THAT IS9
AFFECTED BY THE RATE SETTING DESCRIBED IN SUBSECTION (2.2)(a)(I) OF10
THIS SECTION.11
(4) (d) (II) This subsection (4)(d) is repealed, effective July 1,
12
2026 SEPTEMBER 1, 2025.13
(e) (I) B
Y FEBRUARY 7, 2025, THE COMMISSION SHALL14
PROMULGATE RULES REQUIRING EACH TOWING CARRIER TO PROVIDE THE15
FOLLOWING AS A CONDITION OF PERMIT ISSUANCE OR RENEWAL ON OR16
AFTER A DATE SPECIFIED IN THE RULES:17
(A) A
NY INFORMATION NEEDED TO PREPARE THE REPORT18
REQUIRED BY SUBSECTION (4)(d)(I) OF THIS SECTION; AND19
(B) A
UDITED FINANCIAL STATEMENTS FOR ONE OR MORE YEARS ,20
AS DETERMINED BY THE COMMISSION .21
(II) T
HE COMMISSION SHALL AGGREGATE AND ANONYMIZE THE22
FINANCIAL STATEMENTS OBTAINED IN ACCORDANCE WITH SUBSECTION23
(4)(e)(I)(B)
OF THIS SECTION AND MAKE THE AGGREGATED AND24
ANONYMIZED DATA PUBLICLY AVAILABLE .25
(f) T
HE COMMISSION MAY PROMULGATE RULES TO COLLECT OTHER26
INFORMATION REQUIRED AS PART OF THE TOWING CARRIER PERMITTING27
HB24-1051
-5- PROCESS. THE INFORMATION REQUIRED BY RULE MAY INCLUDE THE1
ANNUAL VOLUME OF TOWS BY CATEGORY , CURRENT PRICING PER2
CATEGORY OF TOW FOR ALL FEES CHARGED FOR CONSENSUAL AND3
NONCONSENSUAL TOWS , AND THE NUMBER OF TOW TRUCKS EACH TOW4
CARRIER OPERATES.5
SECTION 4. In Colorado Revised Statutes, 40-10.1-405, amend6
(4)(b)(II), (4)(f)(I)(A), (4)(f)(I)(B), (5)(b), (5)(c) introductory portion,7
and (8); and add (3)(d), (4)(f)(I)(C), and (4)(h) as follows:8
40-10.1-405. Nonconsensual tows - rights of owners,9
operators, and lienholders - rules. (3) Authorization and notice10
required for tows from private property. (d) A
TOWING CARRIER11
SHALL NOT PATROL OR MONITOR PROPERTY TO ENFORCE PARKING12
RESTRICTIONS ON BEHALF OF THE PROPERTY OWNER .13
(4) Notice, disclosures, and signs. (b) A towing carrier shall14
maintain a clearly visible sign at the entrance to the storage facility15
holding a nonconsensually towed vehicle. The sign must:16
(II) State: "If a vehicle is nonconsensually towed from private17
property, the owner may retrieve the contents of the vehicle
OR THE18
VEHICLE WITHIN THE FIRST THIRTY DAYS even if the owner does not pay19
the towing carrier's fees. If the owner fills out the appropriate form, the20
owner may retrieve the vehicle after paying a reduced fee, but the owner21
still owes the towing carrier the balance of those fees
ACCRUED AFTER22
THE FIRST THIRTY DAYS."23
(f) (I) A towing carrier shall not perform a nonconsensual tow of24
a vehicle, other than an abandoned motor vehicle as defined in section25
42-4-2102 (1), from private property normally used for parking unless:26
(A) Notice of the parking regulations was provided to the vehicle27
HB24-1051
-6- operator when the vehicle entered the private property and parked; and1
(B) Notice that any vehicle parked in violation of the regulations2
is subject to tow at the vehicle owner's expense was provided to the3
vehicle operator when the vehicle entered the private property and4
parked;
AND5
(C) T
HE TOWING CARRIER HAS A CONTRACT WITH THE PROPERTY6
OWNER REQUIRING THE PROPERTY OWNER TO PAY ALL FEES FOR THE7
NONCONSENSUAL TOW , ALL FEES FOR THE REQUIRED NOTIFICATIONS, AND8
ALL STORAGE FEES FOR THE FIRST THIRTY DAYS THE VEHICLE IS STORED9
AS A RESULT OF THE NONCONSENSUAL TOW .10
(h) T
HE TOWING CARRIER SHALL , IMMEDIATELY UPON BEING11
CONTACTED BY AN AUTHORIZED OR INTERESTED PERSON ABOUT A12
NONCONSENSUALLY TOWED VEHICLE , NOTIFY THE AUTHORIZED OR13
INTERESTED PERSON THAT THE VEHICLE MAY BE RETRIEVED WITHOUT14
CHARGE WITHIN THE FIRST THIRTY DAYS AND THEREAFTER FOR A15
REDUCED FEE. THE TOWING CARRIER SHALL NOT REQUIRE THE PERSON TO16
UNDERGO AN APPROVAL PROCESS OTHER THAN SIGNING THE FORM17
CREATED PURSUANT TO SUBSECTION (5)(d) OF THIS SECTION.18
(5) No mechanic's liens on contents. (b) If an authorized or19
interested person requests that a towing carrier return the contents of a20
vehicle that was towed without consent within thirty days after the21
postmarked date the notice was mailed in accordance with section22
42-4-2103 (4) or the date the operator received notice that no record23
exists for the motor vehicle, the towing carrier shall immediately retrieve
24
or allow the authorized or interested person to retrieve the vehicle's25
contents. This subsection (5)(b) does not apply to the contents of a26
vehicle if the contents of the vehicle are subject to a hold order issued by27
HB24-1051
-7- a court, district attorney, law enforcement agency, or peace officer.1
(c) The towing carrier shall immediately retrieve a vehicle that2
has been nonconsensually towed or allow the owner to retrieve the3
vehicle
WITHIN THE FIRST THIRTY DAYS FOLLOWING THE TOW . THE4
TOWING CARRIER SHALL IMMEDIATELY RETRIEVE A VEHICLE THAT HAS5
BEEN NONCONSENSUALLY TOWED OR ALLOW THE OWNER TO RETRIEVE6
THE VEHICLE AFTER THE FIRST THIRTY DAYS FOLLOWING A TOW if:7
(8) Towing carrier responsibility. (a) For a nonconsensual tow,8
the towing carrier is responsible for the security and safety of the towed9
vehicle until it is released to an authorized or interested person.10
(b) W
ITHIN FORTY-EIGHT HOURS AFTER A NONCONSENSUAL TOW11
IS DETERMINED TO HAVE BEEN PERFORMED IN VIOLATION OF THIS12
SECTION, THE TOWING CARRIER SHALL RETURN AN IMPROPERLY TOWED13
VEHICLE BACK TO THE LOCATION FROM WHERE IT WAS TOWED UNLESS THE14
AUTHORIZED OR INTERESTED PERSON NOTIFIES THE TOWING CARRIER15
THAT THE PERSON PREFERS TO RETRIEVE THE VEHICLE FROM THE TOW16
CARRIER'S IMPOUND LOT WITHOUT CHARGE .17
SECTION 5. In Colorado Revised Statutes, 42-4-2105, amend18
(1)(b)(II) as follows:19
42-4-2105. Liens upon towed motor vehicles. (1) (b) The lien20
granted in subsection (1)(a) of this section attaches to the motor vehicle21
in accordance with the following schedule:22
(II) If the operator recovered, removed, or stored the motor23
vehicle upon instructions of the owner or lessee of real property upon24
which a motor vehicle was illegally parked or abandoned or upon the25
owner's or lessee's agent authorized in writing, the lien attaches to the26
motor vehicle thirty
SIXTY days after the postmarked date the notice was27
HB24-1051
-8- mailed in accordance with section 42-4-2103 (4) or the date the operator1
received notice that no record exists for the motor vehicle.2
SECTION 6. Act subject to petition - effective date -3
applicability. (1) This act takes effect at 12:01 a.m. on the day following4
the expiration of the ninety-day period after final adjournment of the5
general assembly; except that, if a referendum petition is filed pursuant6
to section 1 (3) of article V of the state constitution against this act or an7
item, section, or part of this act within such period, then the act, item,8
section, or part will not take effect unless approved by the people at the9
general election to be held in November 2024 and, in such case, will take10
effect on the date of the official declaration of the vote thereon by the11
governor.12
(2) This act applies to acts committed on or after the applicable13
effective date of this act.14
HB24-1051
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