Colorado 2024 Regular Session

Colorado House Bill HB1051 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0240.01 Jery Payne x2157
1	8		HOUSE BILL 24-1051
2		-	BY REPRESENTATIVE(S) Boesenecker and Mauro, Amabile, Brown,
3		-	Clifford, Epps, Froelich, Hernandez, Herod, Kipp, Lindsay, Lindstedt,
4		-	Mabrey, Marvin, McCormick, Ortiz, Parenti, Ricks, Rutinel, Valdez,
5		-	Velasco, Vigil, Willford;
6		-	also SENATOR(S) Gonzales and Priola, Bridges, Buckner, Cutter, Exum,
7		-	Fields, Gardner, Hinrichsen, Jaquez Lewis, Kolker, Michaelson Jenet,
8		-	Mullica, Smallwood, Sullivan, Winter F., Fenberg.
	9	+	House Committees Senate Committees
	10	+	Transportation, Housing & Local Government Finance
	11	+	Finance Appropriations
	12	+	Appropriations
	13	+	A BILL FOR AN ACT
9	14		C
10		-	ONCERNING THE REGULATION OF BUSINESSES THAT OBTAIN A PERMIT FROM
11		-	THE PUBLIC UTILITIES COMMISSION TO TOW MOTOR VEHICLES
12		-	, AND,
13		-	IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
14		-
15		-	Be it enacted by the General Assembly of the State of Colorado:
16		-	SECTION 1. In Colorado Revised Statutes, 40-10.1-401, amend
17		-	(2) as follows:
18		-	40-10.1-401. Permit requirements - rules. (2) (a) (I) The
19		-	commission may deny an application
20		-	FOR or SUSPEND, REVOKE, OR refuse
21		-	to renew a permit under this part 4 of a person who
22		-	THAT has, within the
23		-	immediately preceding five years, been convicted of, or pled guilty or nolo
24		-	contendere to, a felony or a towing-related offense. The commission may
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. also deny an application under this part 4 or SUSPEND, REVOKE, OR refuse
33		-	to renew the permit of a towing carrier based upon a determination that the
34		-	towing carrier or any of its owners, principals, officers, members, partners,
35		-	or directors has not satisfied a civil penalty arising out of any
36		-	AN
37		-	administrative or enforcement action brought by the commission.
38		-	(II) A
39		-	TOWING CARRIER THAT APPLIES FOR A PERMIT OR THAT
40		-	APPLIES TO RENEW A PERMIT SHALL DISCLOSE TO THE COMMISSION EACH
41		-	PERSON THAT IS IDENTIFIED AS A PRINCIPAL IN ACCORDANCE WITH RULES
42		-	PROMULGATED BY THE COMMISSION
43		-	.
44		-	(b) The commission may deny an application
45		-	FOR or SUSPEND,
46		-	REVOKE, OR refuse to renew a permit of a towing carrier under this part 4
47		-	based on a determination that there is good cause to believe the issuance of
48		-	or renewal of the permit IT is not in the public interest FOR THE TOWING
49		-	CARRIER TO POSSESS A PERMIT
50		-	. The determination is subject to appeal in
51		-	accordance with commission rules. I
52		-	T IS REBUTTABLY PRESUMED THAT A
53		-	TOWING CARRIER
54		-	'S POSSESSION OF A PERMIT IS NOT IN THE PUBLIC INTEREST
55		-	IF THE TOWING CARRIER HAS WILLFULLY AND REPEATEDLY FAILED TO
56		-	COMPLY WITH THIS ARTICLE
57		-	10.1 OR PART 18 OR 21 OF ARTICLE 4 OF TITLE
58		-	42.
59		-	SECTION 2. In Colorado Revised Statutes, 40-10.1-403, amend
60		-	(4)(d)(II); and add (3.5), (4)(e), and (4)(f) as follows:
61		-	40-10.1-403. Towing task force - creation - conflict of interest -
62		-	rules - report - repeal. (3.5) (a) A
63		-	MEMBER SHALL NOTIFY THE TASK FORCE
64		-	AND ABSTAIN FROM VOTING IF
65		-	:
66		-	(I) T
67		-	HE MEMBER WILL FINANCIALLY BENEFIT FROM , OR HAS A
68		-	FINANCIAL INTEREST IN A PERSON THAT WILL BENEFIT FROM
69		-	, A
70		-	RATE
71		-	-SETTING RECOMMENDATION MADE BY THE TASK FORCE ; OR
72		-	(II) THE TASK FORCE IS ADVISING THE COMMISSION ABOUT A
73		-	COMPLAINT
74		-	, AND THE MEMBER IS THE SUBJECT OF THE COMPLAINT OR HAS
75		-	A FINANCIAL INTEREST IN A PERSON THAT IS THE SUBJECT OF THE
76		-	COMPLAINT
77		-	.
78		-	(b) A
79		-	MEMBER DOES NOT HAVE A CONFLICT OF INTEREST IF THE
80		-	MEMBER BENEFITS MERELY FROM BELONGING TO A CLASS THAT IS AFFECTED
81		-	PAGE 2-HOUSE BILL 24-1051 BY THE RATE SETTING DESCRIBED IN SUBSECTION (3.5)(a)(I) OF THIS
82		-	SECTION
83		-	.
84		-	(4) (d) (II) This subsection (4)(d) is repealed, effective July 1, 2026SEPTEMBER 1, 2026.
85		-	(e) B
86		-	Y SEPTEMBER 1, 2025, THE COMMISSION SHALL PROMULGATE
87		-	RULES REQUIRING EACH TOWING CARRIER TO PROVIDE
88		-	, AS A CONDITION OF
89		-	PERMIT ISSUANCE OR RENEWAL ON OR AFTER A DATE SPECIFIED IN THE
90		-	RULES
91		-	, ANY INFORMATION NEEDED TO PREPARE THE REPORT REQUIRED BY
92		-	SUBSECTION
93		-	(4)(d)(I) OF THIS SECTION.
94		-	(f) T
95		-	HE COMMISSION MAY PROMULGATE RULES TO COLLECT OTHER
96		-	INFORMATION REQUIRED AS PART OF THE TOWING CARRIER PERMITTING
97		-	PROCESS
98		-	. THE INFORMATION REQUIRED BY RULE MAY INCLUDE THE ANNUAL
99		-	VOLUME OF TOWS BY CATEGORY
100		-	, THE CURRENT PRICING PER CATEGORY OF
101		-	TOW FOR ALL FEES CHARGED
102		-	, AND THE NUMBER OF TOW TRUCKS EACH
103		-	TOWING CARRIER OPERATES
104		-	.
105		-	SECTION 3. In Colorado Revised Statutes, 40-10.1-405, amend
106		-	(3)(a)(IV) introductory portion, (3)(a)(IV)(A), (3)(a)(IV)(C), (3)(b)(I)(H),
107		-	(3)(c), (4)(b)(II), (5)(b), (5)(c) introductory portion, and (5)(d) introductory
108		-	portion; repeal (4)(f)(III), (8), and (9)(b)(I); and add (3)(a)(V), (3)(d),
109		-	(3)(e), and (5)(e) as follows:
110		-	40-10.1-405. Nonconsensual tows - rights of owners, operators,
111		-	and lienholders - rules. (3) Authorization, signs, and notice required
112		-	for tows from private property. (a) A towing carrier shall not
113		-	nonconsensually tow a vehicle from private property unless:
114		-	(IV) The towing carrier has received
115		-	DOCUMENTED permission, to
116		-	WHICH MUST NOT BE AUTOMATED OR PREAPPROVED , FOR EACH INDIVIDUAL
117		-	tow OF the vehicle, within the twenty-four hours immediately preceding the
118		-	tow, from
119		-	THE FOLLOWING PERSON THAT MUST DOCUMENT THE PERMISSION
120		-	BY SIGNING THE FORM CREATED IN ACCORDANCE WITH SUBSECTION
121		-	(3)(d)(I)
122		-	OF THIS SECTION:
123		-	(A) The owner of or leaseholder of the private property;
124		-	EXCEPT
125		-	THAT
126		-	, IF THE OWNER OR LEASEHOLDER WOULD EARN INCOME FROM THE
127		-	NONCONSENSUAL TOW
128		-	, THE TOWING CARRIER SHALL NOT PERFORM THE
129		-	PAGE 3-HOUSE BILL 24-1051 NONCONSENSUAL TOW BUT MAY AUTHORIZE ANOTHER TOWING CARRIER TO
130		-	PERFORM THE NONCONSENSUAL TOW
131		-	;
132		-	(C) An agent
133		-	EMPLOYEE of a person described in subsection
134		-	(3)(a)(IV)(A) or (3)(a)(IV)(B) of this section
135		-	OR AN EMPLOYEE OF A
136		-	PROPERTY MANAGEMENT COMPANY RETAINED TO COLLECT RENT AND
137		-	PERFORM RESIDENTIAL SERVICES
138		-	; except that the towing carrier does notqualify as an agent with authority to grant permission under this subsection
139		-	(3)(a). EMPLOYEE WHO HAS A FINANCIAL INTEREST IN OR RELATIONSHIP
140		-	WITH THE TOWING CARRIER OR A PARKING LOT MANAGEMENT COMPANY
141		-	THAT EARNS INCOME FROM MANAGING OR CONTROLLING PARKING OR
142		-	PERMISSION TO PARK OR THAT EARNS INCOME FROM NONCONSENSUAL TOWS
143		-	SHALL NOT GRANT PERMISSION TO AUTHORIZE THE TOW
144		-	; OR
145		-	(V) THE TOWING CARRIER HAS RECEIVED PERMISSION FOR EACH
146		-	INDIVIDUAL TOW
147		-	.
148		-	(b) (I) Except as provided in subsection (3)(b)(IV) of this section,
149		-	a towing carrier shall not nonconsensually tow a vehicle from a parking
150		-	space or common parking area without the towing carrier or property owner
151		-	giving the vehicle owner or operator twenty-four hours' written notice,
152		-	unless:
153		-	(H) The vehicle is parked without displaying valid
154		-	authorization in
155		-	a parking lot marked for the exclusive use of residents
156		-	OR INVITED GUESTS.
157		-	(c) In order for a towing carrier to conduct a nonconsensual tow,
158		-	under subsection (3)(b)(I)(G) or (3)(b)(I)(H) of this section,
159		-	the property
160		-	owner must have posted signage visible and facing the driver at each
161		-	entryway into a parking area indicating that parking spaces are designated
162		-	for one or more specified residents and that a vehicle parked without
163		-	authorization is subject to being towed. The sign must also contain the
164		-	international towing symbol no smaller than four inches by four inches and
165		-	be permanently mounted in a position that is no lower than five feet and no
166		-	higher than eight feet. THAT:
167		-	(I) I
168		-	S NOT LESS THAN TWO SQUARE FEET IN SIZE;
169		-	(II) H
170		-	AS LETTERING NOT LESS THAN ONE INCH IN HEIGHT ;
171		-	PAGE 4-HOUSE BILL 24-1051 (III) HAS LETTERING THAT CONTRASTS SHARPLY IN COLOR WITH THE
172		-	BACKGROUND ON WHICH TH E LETTERS ARE PLACED AND CONTRASTS
173		-	SHARPLY WITH THE STRUCTURE THE SIGNS ARE PLACED ON
174		-	;
175		-	(IV) C
176		-	ONTAINS THE FOLLOWING INFORMATION IN THE ORDER LISTED
177		-	BELOW
178		-	:
179		-	(A) T
180		-	HE RESTRICTION OR PROHIBITION ON PARKING ;
181		-	(B) T
182		-	HE TIMES OF THE DAY AND DAYS THAT THE RESTRICTION IS
183		-	APPLICABLE
184		-	, BUT, IF THE RESTRICTION APPLIES TWENTY-FOUR HOURS A DAY,
185		-	SEVEN DAYS A WEEK, THE SIGN MUST SAY "AUTHORIZED PARKING ONLY";
186		-	AND
187		-	(C) THE NAME AND TELEPHONE NUMBER OF THE TOWING CARRIER
188		-	AUTHORIZED TO PERFORM TOWS FROM THE PRIVATE PROPERTY
189		-	;
190		-	(V) I
191		-	S PRINTED IN ENGLISH AND SPANISH;
192		-	(VI) I
193		-	S PERMANENTLY MOUNTED BOTH :
194		-	(A) A
195		-	T THE ENTRANCE TO THE PRIVATE PROPERTY SO THAT THE SIGN
196		-	FACES OUTWARD TOWARD THE STREET AND IS VISIBLE BEFORE AND UPON
197		-	ENTERING THE PRIVATE PROPERTY
198		-	; AND
199		-	(B) INSIDE THE PRIVATE PROPERTY SO THAT THE SIGN FACES
200		-	OUTWARD TOWARD THE PARKING AREA
201		-	;
202		-	(VII) I
203		-	S NOT OBSTRUCTED FROM VIEW OR PLACED IN A MANNER THAT
204		-	PREVENTS DIRECT VISIBILITY
205		-	; AND
206		-	(VIII) IS NOT PLACED HIGHER THAN TEN FEET OR LOWER T HAN THREE
207		-	FEET FROM THE SURFACE CLOSEST TO THE SIGN
208		-	'S PLACEMENT.
209		-	(d) (I) T
210		-	HE COMMISSION SHALL CREATE A FORM THAT IMPLEMENTS
211		-	SUBSECTION
212		-	(3)(a)(IV) OF THIS SECTION.
213		-	(II) T
214		-	HE TOWING CARRIER MUST RETAIN FOR THREE YEARS THE
215		-	SIGNED FORM REQUIRED BY SUBSECTION
216		-	(3)(a)(IV) OF THIS SECTION AND,
217		-	UPON REQUEST, PROVIDE THE SIGNED FORM TO THE VEHICLE OWNER .
218		-	PAGE 5-HOUSE BILL 24-1051 (e) A TOWING CARRIER SHALL NOT PATROL OR MONITOR PROPERTY
219		-	TO ENFORCE PARKING RESTRICTIONS ON BEHALF OF THE PROPERTY OWNER
220		-	.
221		-	(4) Notice, disclosures, and towing carrier signs. (b) A towing
222		-	carrier shall maintain a clearly visible sign at the entrance to the storage
223		-	facility holding a nonconsensually towed vehicle. The sign must:
224		-	(II) State: "If a vehicle is nonconsensually towed from private
225		-	property, the owner
226		-	AUTHORIZED OR INTERESTED PERSON may retrieve the
227		-	contents of the vehicle even if the owner AUTHORIZED OR INTERESTED
228		-	PERSON
229		-	does not pay the towing carrier's fees. If the owner
230		-	AUTHORIZED OR
231		-	INTERESTED PERSON
232		-	fills out the appropriate form, the owner
233		-	AUTHORIZED
234		-	OR INTERESTED PERSON
235		-	may retrieve the vehicle after paying a reduced fee,
236		-	but the owner
237		-	AUTHORIZED OR INTERESTED PERSON still owes the towing
238		-	carrier the balance of those fees."
239		-	(f) (III) A towing carrier that enters into an agreement with a
240		-	property owner to nonconsensually tow vehicles from the property shall
241		-	post signs that:
242		-	(A) Are no less than one square foot in size;
243		-	(B) Have lettering not less than one inch in height;
244		-	(C) Have lettering that contrasts with the background on which the
245		-	letters are placed;
246		-	(D) State: "Authorized Parking Only";
247		-	(E) Include the name and telephone number of the towing carrier
248		-	authorized to perform tows from the private property;
249		-	(F) Are printed in English;
250		-	(G) Are placed at the entrance to the private property, face outward
251		-	toward the street, and are visible prior to entering and upon entering the
252		-	private property;
253		-	(H) Are placed inside the area used for parking, face toward the
254		-	parking spaces, and, if the private property is not provided for residential
255		-	PAGE 6-HOUSE BILL 24-1051 parking and has more than ten freestanding lampposts on the property, are
256		-	posted on each lamppost or posted upright near each lamppost;
257		-	(I) Are not obstructed or placed in such a manner that prevents
258		-	visibility; and
259		-	(J) Are not placed higher than eight feet or lower than three feet
260		-	from the ground surface closest to the sign's placement.
261		-	(5) No mechanic's liens on contents. (b) If an authorized or
262		-	interested person requests that a towing carrier return the contents of a
263		-	vehicle that was towed without consent within thirty days after the
264		-	postmarked date the notice was mailed in accordance with section
265		-	42-4-2103 (4) or the date the operator received notice that no record exists
266		-	for the motor vehicle, the towing carrier shall immediately retrieve or
267		-	allow
268		-	the authorized or interested person to retrieve the vehicle's contents. This
269		-	subsection (5)(b) does not apply to the contents of a vehicle if the contents
270		-	of the vehicle are subject to a hold order issued by a court, district attorney,
271		-	law enforcement agency, or peace officer.
272		-	(c) The towing carrier shall immediately retrieve a vehicle that has
273		-	been nonconsensually towed or allow the owner
274		-	AUTHORIZED OR
275		-	INTERESTED PERSON
276		-	to retrieve the vehicle if:
277		-	(d) For an authorized or interested person to retrieve a vehicle
278		-	without paying the towing carrier the total amount owed to the towing
279		-	carrier, the authorized or interested person must sign a form affirming that
280		-	the authorized or interested person owes the towing carrier payment for fees
281		-	that comply with this article 10.1, part 21 of article 4 of title 42, or article
282		-	20 of title 38. Knowingly providing false information on the form is
283		-	unlawful. Signing this form does not prohibit a vehicle owner from filing
284		-	a complaint with the commission or pursuing other remedies. The towing
285		-	carrier may use the form to take reasonable actions to collect the debt,
286		-	including initiating a court action or using a collection agency. The
287		-	department
288		-	COMMISSION shall:
289		-	(e) A
290		-	TOWING CARRIER SHALL NOT REQUIRE A PERSON TO UNDERGO
291		-	AN APPROVAL PROCESS OTHER THAN SIGNING THE FORM CREATED PURS UANT
292		-	TO SUBSECTION
293		-	(5)(d) OF THIS SECTION.
294		-	PAGE 7-HOUSE BILL 24-1051 (8) Towing carrier responsibility. For a nonconsensual tow, the
295		-	towing carrier is responsible for the security and safety of the towed vehicle
296		-	until it is released to an authorized or interested person.
297		-	(9) Applicability. This section does not apply to:
298		-	(b) A tow from a parking space that serves a business if:
299		-	(I) The parking space is not in a common parking area; and
300		-	SECTION 4. In Colorado Revised Statutes, 40-10.1-406, add (1)(c)
301		-	as follows:
302		-	40-10.1-406. Failure to comply. (1) No fees - return of vehicle.
303		-	(c) W
304		-	ITHIN FORTY-EIGHT HOURS AFTER A TOW IS DETERMINED TO HAVE
305		-	BEEN PERFORMED IN VIOLATION OF THIS ARTICLE
306		-	10.1 OR ANY RULES
307		-	PROMULGATED UNDER THIS ARTICLE
308		-	10.1, THE TOWING CARRIER SHALL
309		-	RETURN THE VEHICLE BACK TO THE LOCATION FROM WHERE IT WAS TOWED
310		-	UNLESS
311		-	:
312		-	(I) T
313		-	HE AUTHORIZED OR INTERESTED PERSON NOTIFIES THE TOWING
314		-	CARRIER THAT THE PERSON PREFERS TO RETRIEVE THE VEHICLE FROM THE
315		-	TOWING CARRIER
316		-	'S STORAGE FACILITY WITHOUT CHARGE ; OR
317		-	(II) RETURNING THE VEHICLE TO THE LOCATION FROM WHERE THE
318		-	VEHICLE WAS TOWED IS NOT PRACTICAL
319		-	, AS DETERMINED BY THE
320		-	COMMISSION
321		-	.
322		-	SECTION 5. In Colorado Revised Statutes, 40-10.1-409, amend
323		-	(2) as follows:
324		-	40-10.1-409. Violators subject to penalties. (2) A violation of this
325		-	part 4 is a deceptive trade practice under section 6-1-105 (1)(ttt)
326		-	AND
327		-	(1)(eeee) and is subject to enforcement by the attorney general's office in
328		-	addition to the OR A DISTRICT ATTORNEY OR enforcement AS described in
329		-	this section.
330		-	SECTION 6. In Colorado Revised Statutes, add 40-10.1-411 as
331		-	follows:
332		-	PAGE 8-HOUSE BILL 24-1051 40-10.1-411. Towing carrier responsibility. T HE TOWING CARRIER
333		-	IS RESPONSIBLE FOR THE SECURITY AND SAFETY OF THE TOWED VEHICLE
334		-	UNTIL THE VEHICLE IS RELEASED TO AN AUTHORIZED OR INTERESTED
335		-	PERSON
336		-	.
337		-	SECTION 7. In Colorado Revised Statutes, 6-1-105, add (1)(eeee)
338		-	as follows:
339		-	6-1-105. Unfair or deceptive trade practices. (1) A person
340		-	engages in a deceptive trade practice when, in the course of the person's
341		-	business, vocation, or occupation, the person:
342		-	(eeee) I
343		-	S A TOWING CARRIER AND CONDUCTS A NONCONSENSUAL
344		-	TOW IN VIOLATION OF SECTION
345		-	40-10.1-405.
346		-	SECTION 8. In Colorado Revised Statutes, 40-10.1-404, amend
347		-	(1) as follows:
348		-	40-10.1-404. Repeal of part - subject to review. (1) This part 4 is
349		-	repealed, effective September 1, 2025
350		-	2030. Before the repeal, this part 4
351		-	is scheduled for review in accordance with section 24-34-104 and
352		-	subsection (2) of this section.
353		-	SECTION 9. In Colorado Revised Statutes, 24-34-104, repeal
354		-	(26)(a)(XIII); and add (31)(a)(XIII) as follows:
355		-	24-34-104. General assembly review of regulatory agencies and
356		-	functions for repeal, continuation, or reestablishment - legislative
357		-	declaration - repeal. (26) (a) The following agencies, functions, or both,
358		-	are scheduled for repeal on September 1, 2025:
359		-	(XIII) The public utilities commission's regulation of towing carriers
360		-	under part 4 of article 10.1 of title 40.
361		-	(31) (a) The following agencies, functions, or both, are scheduled
362		-	for repeal on September 1, 2030:
363		-	(XIII) T
364		-	HE REGULATION OF TOWING CARRIERS BY THE PUBLIC
365		-	UTILITIES COMMISSION UNDER PART
366		-	4 OF ARTICLE 10.1 OF TITLE 40.
367		-	PAGE 9-HOUSE BILL 24-1051 SECTION 10. In Colorado Revised Statutes, 40-10.1-116, amend
368		-	(3) as follows:
369		-	40-10.1-116. Commission to notify local authorities - procedure.
370		-	(3) (a) A person injured by the noncompliance of a motor carrier with this
371		-	article ARTICLE 10.1 or any other provision of law or an order, decision,
372		-	rule, direction, or requirement of the commission may apply to a court of
373		-	competent jurisdiction for the enforcement thereof, and the court has
374		-	jurisdiction to enforce obedience thereto by injunction or other proper
375		-	process, mandatory or otherwise, and to restrain the motor carrier and its
376		-	officers, agents, employees, or representatives from further disobedience
377		-	thereof, or to enjoin upon them obedience to the same, and any person so
378		-	injured has cause of action in damages and is privileged to pursue the usual
379		-	and proper remedies as in any other case.
380		-	(b) S
381		-	UBSECTION (3)(a) OF THIS SECTION CREATES AN INDEPENDENT
382		-	CAUSE OF ACTION
383		-	, WHICH IS NOT SUBJECT TO ADMINISTRATIVE EXHAUSTION ,
384		-	AGAINST A TOWING CARRIER THAT VIOLATED THIS ARTICLE 10.1 OR ANY
385		-	OTHER PROVISION OF LAW OR AN ORDER
386		-	, DECISION, RULE, DIRECTION, OR
387		-	REQUIREMENT OF THE COMMISSION
388		-	.
389		-	SECTION 11. Appropriation. (1) For the 2024-25 state fiscal
390		-	year, $165,629 is appropriated to the department of regulatory agencies.
391		-	This appropriation is from the public utilities commission motor carrier
392		-	fund created in section 40-2-110.5 (6), C.R.S. To implement this act, the
393		-	department may use this appropriation as follows:
394		-	(a) $42,973 for use by the public utilities commission for personal
395		-	services, which amount is based on an assumption that the commission will
396		-	require an additional 0.6 FTE;
397		-	(b) $7,438 for use by the public utilities commission for operating
398		-	expenses; and
399		-	(c) $115,218 for the purchase of legal services.
400		-	(2) For the 2024-25 state fiscal year, $115,218 is appropriated to the
401		-	department of law. This appropriation is from reappropriated funds received
402		-	from the department of regulatory agencies under subsection (1)(c) of this
403		-	section and is based on an assumption that the department of law will
404		-	PAGE 10-HOUSE BILL 24-1051 require an additional 0.5 FTE. To implement this act, the department of law
405		-	may use this appropriation to provide legal services for the department of
406		-	regulatory agencies.
407		-	SECTION 12. Act subject to petition - effective date -
408		-	applicability. (1) This act takes effect at 12:01 a.m. on the day following
409		-	the expiration of the ninety-day period after final adjournment of the
410		-	general assembly; except that, if a referendum petition is filed pursuant to
411		-	section 1 (3) of article V of the state constitution against this act or an item,
412		-	section, or part of this act within such period, then the act, item, section, or
413		-	part will not take effect unless approved by the people at the general
414		-	election to be held in November 2024 and, in such case, will take effect on
415		-	the date of the official declaration of the vote thereon by the governor.
416		-	PAGE 11-HOUSE BILL 24-1051 (2) This act applies to acts committed on or after the applicable
417		-	effective date of this act.
418		-	____________________________ ____________________________
419		-	Julie McCluskie Steve Fenberg
420		-	SPEAKER OF THE HOUSE PRESIDENT OF
421		-	OF REPRESENTATIVES THE SENATE
422		-	____________________________ ____________________________
423		-	Robin Jones Cindi L. Markwell
424		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
425		-	OF REPRESENTATIVES THE SENATE
426		-	APPROVED________________________________________
427		-	(Date and Time)
428		-	_________________________________________
429		-	Jared S. Polis
430		-	GOVERNOR OF THE STATE OF COLORADO
431		-	PAGE 12-HOUSE BILL 24-1051
	15	+	ONCERNING THE REGULATION OF BUSINESSES THAT OBTAIN A PERMIT101
	16	+	FROM THE PUBLIC UTILITIES COMMISSION TO TOW MOTOR102
	17	+	VEHICLES, AND, IN CONNECTION THEREWITH, MAKING AN103
	18	+	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	+	Transportation Legislation Review Committee. The bill
	27	+	requires a driver of tow trucks to undergo a fingerprint-based criminal
	28	+	history record check (check). If the check produces a criminal history that
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	May 6, 2024
	32	+	SENATE
	33	+	2nd Reading Unamended
	34	+	May 4, 2024
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	April 24, 2024
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	April 23, 2024
	41	+	HOUSE SPONSORSHIP
	42	+	Boesenecker and Mauro,
	43	+	SENATE SPONSORSHIP
	44	+	Gonzales and Priola, Bridges, Buckner, Cutter, Exum, Fenberg, Fields, Gardner,
	45	+	Hinrichsen, Jaquez Lewis, Kolker, Michaelson Jenet, Mullica, Sullivan, Winter F.
	46	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	47	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	48	+	Dashes through the words or numbers indicate deletions from existing law. the public utilities commission (commission) determines is inappropriate
	49	+	to drive a tow truck, the driver will not be permitted to drive the tow
	50	+	truck.
	51	+	Current law authorizes the commission to deny or refuse to renew
	52	+	a towing carrier permit if:
	53	+	! The towing carrier was convicted within the last 5 years of
	54	+	a felony or a towing-related offense or has failed to satisfy
	55	+	a civil penalty imposed by the commission; or
	56	+	! The commission determines that it is not in the public
	57	+	interest for the towing carrier to hold a towing carrier
	58	+	permit.
	59	+	The bill:
	60	+	! Authorizes the commission to suspend or revoke a permit
	61	+	for each of these specified violations;
	62	+	! Authorizes the commission to suspend or revoke a permit
	63	+	if it is not in the public interest for the towing carrier to
	64	+	hold a towing permit; and
	65	+	! Sets a rebuttable presumption that it is not in the public
	66	+	interest for a towing carrier to hold a permit if the towing
	67	+	carrier has violated the towing laws.
	68	+	The bill prohibits a member of the towing task force in the
	69	+	department of regulatory agencies, which advises the commission on
	70	+	towing matters, from voting on a matter that will financially benefit the
	71	+	member or if the member is the subject of a complaint about which the
	72	+	task force is advising the commission.
	73	+	Current law requires the commission to report certain towing
	74	+	issues and financial information to certain committees of the Senate and
	75	+	House of Representatives of the general assembly. The bill requires the
	76	+	commission to promulgate a rule to require towing carriers to provide:
	77	+	! Any information needed to prepare the report;
	78	+	! Audited financial statements; and
	79	+	! Any other information required by the commission.
	80	+	The bill directs the commission to aggregate and anonymize the financial
	81	+	statements and make the aggregated and anonymized data publicly
	82	+	available.
	83	+	A towing carrier is forbidden from patrolling or monitoring
	84	+	property to enforce parking restrictions on behalf of the property owner.
	85	+	Currently, the owner of a motor vehicle pays to retrieve the motor
	86	+	vehicle when the vehicle has been nonconsensually towed from another
	87	+	person's property. The bill requires certain property owners to pay for the
	88	+	removal of the vehicle from their property and for any storage for the first
	89	+	30 days. The towing carrier is required to notify the vehicle owner that
	90	+	the vehicle owner can retrieve the vehicle free of charge for the first 30
	91	+	days.
	92	+	If a motor vehicle is nonconsensually towed in violation of the
	93	+	1051
	94	+	-2- rights granted in state statute, the towing carrier must, within 48 hours
	95	+	after the determination of a statutory violation, return the vehicle to the
	96	+	place it was towed from.
	97	+	Be it enacted by the General Assembly of the State of Colorado:1
	98	+	SECTION 1. In Colorado Revised Statutes, 40-10.1-401, amend2
	99	+	(2) as follows:3
	100	+	40-10.1-401. Permit requirements - rules. (2) (a) (I) The4
	101	+	commission may deny an application FOR or SUSPEND, REVOKE, OR refuse5
	102	+	to renew a permit under this part 4 of a person who THAT has, within the6
	103	+	immediately preceding five years, been convicted of, or pled guilty or7
	104	+	nolo contendere to, a felony or a towing-related offense. The commission8
	105	+	may also deny an application under this part 4 or SUSPEND, REVOKE, OR9
	106	+	refuse to renew the permit of a towing carrier based upon a determination10
	107	+	that the towing carrier or any of its owners, principals, officers, members,11
	108	+	partners, or directors has not satisfied a civil penalty arising out of any AN12
	109	+	administrative or enforcement action brought by the commission.13
	110	+	(II) A TOWING CARRIER THAT APPLIES FOR A PERMIT OR THAT14
	111	+	APPLIES TO RENEW A PERMIT SHALL DISCLOSE TO THE COMMISSION EACH15
	112	+	PERSON THAT IS IDENTIFIED AS A PRINCIPAL IN ACCORDANCE WITH RULES16
	113	+	PROMULGATED BY THE COMMISSION .17
	114	+	(b) The commission may deny an application FOR or SUSPEND,18
	115	+	REVOKE, OR refuse to renew a permit of a towing carrier under this part19
	116	+	4 based on a determination that there is good cause to believe the20
	117	+	issuance of or renewal of the permit IT is not in the public interest FOR21
	118	+	THE TOWING CARRIER TO POSSESS A PERMIT. The determination is subject22
	119	+	to appeal in accordance with commission rules. IT IS REBUTTABLY23
	120	+	PRESUMED THAT A TOWING CARRIER'S POSSESSION OF A PERMIT IS NOT IN24
	121	+	1051-3- THE PUBLIC INTEREST IF THE TOWING CARRIER HAS WILLFULLY AND1
	122	+	REPEATEDLY FAILED TO COMPLY WITH THIS ARTICLE 10.1 OR PART 18 OR2
	123	+	21 OF ARTICLE 4 OF TITLE 42.3
	124	+	SECTION 2. In Colorado Revised Statutes, 40-10.1-403, amend4
	125	+	(4)(d)(II); and add (3.5), (4)(e), and (4)(f) as follows:5
	126	+	40-10.1-403. Towing task force - creation - conflict of interest6
	127	+	- rules - report - repeal. (3.5) (a) A MEMBER SHALL NOTIFY THE TASK7
	128	+	FORCE AND ABSTAIN FROM VOTING IF:8
	129	+	(I) THE MEMBER WILL FINANCIALLY BENEFIT FROM, OR HAS A9
	130	+	FINANCIAL INTEREST IN A PERSON THAT WILL BENEFIT FROM, A10
	131	+	RATE-SETTING RECOMMENDATION MADE BY THE TASK FORCE ; OR11
	132	+	(II) THE TASK FORCE IS ADVISING THE COMMISSION ABOUT A12
	133	+	COMPLAINT, AND THE MEMBER IS THE SUBJECT OF THE COMPLAINT OR HAS13
	134	+	A FINANCIAL INTEREST IN A PERSON THAT IS THE SUBJECT OF THE14
	135	+	COMPLAINT.15
	136	+	(b) A MEMBER DOES NOT HAVE A CONFLICT OF INTEREST IF THE16
	137	+	MEMBER BENEFITS MERELY FROM BELONGING TO A CLASS THAT IS17
	138	+	AFFECTED BY THE RATE SETTING DESCRIBED IN SUBSECTION (3.5)(a)(I) OF18
	139	+	THIS SECTION.19
	140	+	(4) (d) (II) This subsection (4)(d) is repealed, effective July 1,20
	141	+	2026 SEPTEMBER 1, 2026.21
	142	+	(e) BY SEPTEMBER 1, 2025, THE COMMISSION SHALL PROMULGATE22
	143	+	RULES REQUIRING EACH TOWING CARRIER TO PROVIDE, AS A CONDITION23
	144	+	OF PERMIT ISSUANCE OR RENEWAL ON OR AFTER A DATE SPECIFIED IN THE24
	145	+	RULES, ANY INFORMATION NEEDED TO PREPARE THE REPORT REQUIRED BY25
	146	+	SUBSECTION (4)(d)(I) OF THIS SECTION.26
	147	+	(f) THE COMMISSION MAY PROMULGATE RULES TO COLLECT OTHER27
	148	+	1051
	149	+	-4- INFORMATION REQUIRED AS PART OF THE TOWING CARRIER PERMITTING1
	150	+	PROCESS. THE INFORMATION REQUIRED BY RULE MAY INCLUDE THE2
	151	+	ANNUAL VOLUME OF TOWS BY CATEGORY, THE CURRENT PRICING PER3
	152	+	CATEGORY OF TOW FOR ALL FEES CHARGED, AND THE NUMBER OF TOW4
	153	+	TRUCKS EACH TOWING CARRIER OPERATES .5
	154	+	SECTION 3. In Colorado Revised Statutes, 40-10.1-405, amend6
	155	+	(3)(a)(IV) introductory portion, (3)(a)(IV)(A), (3)(a)(IV)(C), (3)(b)(I)(H),7
	156	+	(3)(c), (4)(b)(II), (5)(b), (5)(c) introductory portion, (5)(d) introductory8
	157	+	portion, and (8); repeal (4)(f)(III), (8), and (9)(b)(I); and add (3)(a)(V),9
	158	+	(3)(d), (3)(e), (4)(f)(I)(C), and (5)(e) as follows:10
	159	+	40-10.1-405. Nonconsensual tows - rights of owners,11
	160	+	operators, and lienholders - rules. (3) Authorization, signs, and12
	161	+	notice required for tows from private property. (a) A towing carrier13
	162	+	shall not nonconsensually tow a vehicle from private property unless:14
	163	+	(IV) The towing carrier has received DOCUMENTED permission,15
	164	+	to WHICH MUST NOT BE AUTOMATED OR PREAPPROVED, FOR EACH16
	165	+	INDIVIDUAL tow OF the vehicle, within the twenty-four hours immediately17
	166	+	preceding the tow, from THE FOLLOWING PERSON THAT MUST DOCUMENT18
	167	+	THE PERMISSION BY SIGNING THE FORM CREATED IN ACCORDANCE WITH19
	168	+	SUBSECTION (3)(d)(I) OF THIS SECTION:20
	169	+	(A) The owner of or leaseholder of the private property; EXCEPT21
	170	+	THAT, IF THE OWNER OR LEASEHOLDER WOULD EARN INCOME FROM THE22
	171	+	NONCONSENSUAL TOW, THE TOWING CARRIER SHALL NOT PERFORM THE23
	172	+	NONCONSENSUAL TOW BUT MAY AUTHORIZE ANOTHER TOWING CARRIER24
	173	+	TO PERFORM THE NONCONSENSUAL TOW ;25
	174	+	(C) An agent EMPLOYEE of a person described in subsection26
	175	+	(3)(a)(IV)(A) or (3)(a)(IV)(B) of this section OR AN EMPLOYEE OF A27
	176	+	1051
	177	+	-5- PROPERTY MANAGEMENT COMPANY RETAINED TO COLLECT RENT AND1
	178	+	PERFORM RESIDENTIAL SERVICES; except that the towing carrier does not2
	179	+	qualify as an agent with authority to grant permission under this3
	180	+	subsection (3)(a) EMPLOYEE WHO HAS A FINANCIAL INTEREST IN OR4
	181	+	RELATIONSHIP WITH THE TOWING CARRIER OR A PARKING LOT5
	182	+	MANAGEMENT COMPANY THAT EARNS INCOME FROM MANAGING OR6
	183	+	CONTROLLING PARKING OR PERMISSION TO PARK OR THAT EARNS INCOME7
	184	+	FROM NONCONSENSUAL TOWS SHALL NOT GRANT PERMISSION TO8
	185	+	AUTHORIZE THE TOW; OR9
	186	+	(V) THE TOWING CARRIER HAS RECEIVED PERMISSION FOR EACH10
	187	+	INDIVIDUAL TOW.11
	188	+	(b) (I) Except as provided in subsection (3)(b)(IV) of this section,12
	189	+	a towing carrier shall not nonconsensually tow a vehicle from a parking13
	190	+	space or common parking area without the towing carrier or property14
	191	+	owner giving the vehicle owner or operator twenty-four hours' written15
	192	+	notice, unless:16
	193	+	(H) The vehicle is parked without displaying valid authorization17
	194	+	in a parking lot marked for the exclusive use of residents OR INVITED18
	195	+	GUESTS.19
	196	+	(c) In order for a towing carrier to conduct a nonconsensual tow,20
	197	+	under subsection (3)(b)(I)(G) or (3)(b)(I)(H) of this section, the property21
	198	+	owner must have posted signage visible and facing the driver at each22
	199	+	entryway into a parking area indicating that parking spaces are designated23
	200	+	for one or more specified residents and that a vehicle parked without24
	201	+	authorization is subject to being towed. The sign must also contain the25
	202	+	international towing symbol no smaller than four inches by four inches26
	203	+	and be permanently mounted in a position that is no lower than five feet27
	204	+	1051
	205	+	-6- and no higher than eight feet THAT:1
	206	+	(I) IS NOT LESS THAN TWO SQUARE FEET IN SIZE;2
	207	+	(II) HAS LETTERING NOT LESS THAN ONE INCH IN HEIGHT ;3
	208	+	(III) HAS LETTERING THAT CONTRASTS SHARPLY IN COLOR WITH4
	209	+	THE BACKGROUND ON WHICH THE LETTERS ARE PLACED AND CONTRASTS5
	210	+	SHARPLY WITH THE STRUCTURE THE SIGNS ARE PLACED ON ;6
	211	+	(IV) CONTAINS THE FOLLOWING INFORMATION IN THE ORDER7
	212	+	LISTED BELOW:8
	213	+	(A) THE RESTRICTION OR PROHIBITION ON PARKING ;9
	214	+	(B) THE TIMES OF THE DAY AND DAYS THAT THE RESTRICTION IS10
	215	+	APPLICABLE; BUT, IF THE RESTRICTION APPLIES TWENTY-FOUR HOURS A11
	216	+	DAY, SEVEN DAYS A WEEK, THE SIGN MUST SAY "AUTHORIZED PARKING12
	217	+	ONLY"; AND13
	218	+	(C) THE NAME AND TELEPHONE NUMBER OF THE TOWING CARRIER14
	219	+	AUTHORIZED TO PERFORM TOWS FROM THE PRIVATE PROPERTY ;15
	220	+	(V) IS PRINTED IN ENGLISH AND SPANISH;16
	221	+	(VI) IS PERMANENTLY MOUNTED BOTH :17
	222	+	(A) AT THE ENTRANCE TO THE PRIVATE PROPERTY SO THAT THE18
	223	+	SIGN FACES OUTWARD TOWARD THE STREET AND IS VISIBLE BEFORE AND19
	224	+	UPON ENTERING THE PRIVATE PROPERTY ; AND20
	225	+	(B) INSIDE THE PRIVATE PROPERTY SO THAT THE SIGN FACES21
	226	+	OUTWARD TOWARD THE PARKING AREA ;22
	227	+	(VII) IS NOT OBSTRUCTED FROM VIEW OR PLACED IN A MANNER23
	228	+	THAT PREVENTS DIRECT VISIBILITY; AND24
	229	+	(VIII) IS NOT PLACED HIGHER THAN TEN FEET OR LOWER THAN25
	230	+	THREE FEET FROM THE SURFACE CLOSEST TO THE SIGN 'S PLACEMENT.26
	231	+	(d) (I) THE COMMISSION SHALL CREATE A FORM THAT IMPLEMENTS27
	232	+	1051
	233	+	-7- SUBSECTION (3)(a)(IV) OF THIS SECTION.1
	234	+	(II) THE TOWING CARRIER MUST RETAIN FOR THREE YEARS THE2
	235	+	SIGNED FORM REQUIRED BY SUBSECTION (3)(a)(IV) OF THIS SECTION AND,3
	236	+	UPON REQUEST, PROVIDE THE SIGNED FORM TO THE VEHICLE OWNER .4
	237	+	(e) A TOWING CARRIER SHALL NOT PATROL OR MONITOR PROPERTY5
	238	+	TO ENFORCE PARKING RESTRICTIONS ON BEHALF OF THE PROPERTY6
	239	+	OWNER.7
	240	+	(4) Notice, disclosures, and towing carrier signs. (b) A towing8
	241	+	carrier shall maintain a clearly visible sign at the entrance to the storage9
	242	+	facility holding a nonconsensually towed vehicle. The sign must:10
	243	+	(II) State: "If a vehicle is nonconsensually towed from private11
	244	+	property, the owner AUTHORIZED OR INTERESTED PERSON may retrieve the12
	245	+	contents of the vehicle even if the owner AUTHORIZED OR INTERESTED13
	246	+	PERSON does not pay the towing carrier's fees. If the owner AUTHORIZED14
	247	+	OR INTERESTED PERSON fills out the appropriate form, the owner15
	248	+	AUTHORIZED OR INTERESTED PERSON may retrieve the vehicle after16
	249	+	paying a reduced fee, but the owner AUTHORIZED OR INTERESTED PERSON17
	250	+	still owes the towing carrier the balance of those fees."18
	251	+	(f) (III) A towing carrier that enters into an agreement with a19
	252	+	property owner to nonconsensually tow vehicles from the property shall20
	253	+	post signs that:21
	254	+	(A) Are no less than one square foot in size;22
	255	+	(B) Have lettering not less than one inch in height;23
	256	+	(C) Have lettering that contrasts with the background on which24
	257	+	the letters are placed;25
	258	+	(D) State: "Authorized Parking Only";26
	259	+	(E) Include the name and telephone number of the towing carrier27
	260	+	1051
	261	+	-8- authorized to perform tows from the private property;1
	262	+	(F) Are printed in English;2
	263	+	(G) Are placed at the entrance to the private property, face3
	264	+	outward toward the street, and are visible prior to entering and upon4
	265	+	entering the private property;5
	266	+	(H) Are placed inside the area used for parking, face toward the6
	267	+	parking spaces, and, if the private property is not provided for residential7
	268	+	parking and has more than ten freestanding lampposts on the property,8
	269	+	are posted on each lamppost or posted upright near each lamppost;9
	270	+	(I) Are not obstructed or placed in such a manner that prevents10
	271	+	visibility; and11
	272	+	(J) Are not placed higher than eight feet or lower than three feet12
	273	+	from the ground surface closest to the sign's placement.13
	274	+	(5) No mechanic's liens on contents. (b) If an authorized or14
	275	+	interested person requests that a towing carrier return the contents of a15
	276	+	vehicle that was towed without consent within thirty days after the16
	277	+	postmarked date the notice was mailed in accordance with section17
	278	+	42-4-2103 (4) or the date the operator received notice that no record18
	279	+	exists for the motor vehicle, the towing carrier shall immediately retrieve19
	280	+	or allow the authorized or interested person to retrieve the vehicle's20
	281	+	contents. This subsection (5)(b) does not apply to the contents of a21
	282	+	vehicle if the contents of the vehicle are subject to a hold order issued by22
	283	+	a court, district attorney, law enforcement agency, or peace officer.23
	284	+	(c) The towing carrier shall immediately retrieve a vehicle that24
	285	+	has been nonconsensually towed or allow the owner AUTHORIZED OR25
	286	+	INTERESTED PERSON to retrieve the vehicle if:26
	287	+	(d) For an authorized or interested person to retrieve a vehicle27
	288	+	1051
	289	+	-9- without paying the towing carrier the total amount owed to the towing1
	290	+	carrier, the authorized or interested person must sign a form affirming2
	291	+	that the authorized or interested person owes the towing carrier payment3
	292	+	for fees that comply with this article 10.1, part 21 of article 4 of title 42,4
	293	+	or article 20 of title 38. Knowingly providing false information on the5
	294	+	form is unlawful. Signing this form does not prohibit a vehicle owner6
	295	+	from filing a complaint with the commission or pursuing other remedies.7
	296	+	The towing carrier may use the form to take reasonable actions to collect8
	297	+	the debt, including initiating a court action or using a collection agency.9
	298	+	The department COMMISSION shall:10
	299	+	(e) A TOWING CARRIER SHALL NOT REQUIRE A PERSON TO11
	300	+	UNDERGO AN APPROVAL PROCESS OTHER THAN SIGNING THE FORM12
	301	+	CREATED PURSUANT TO SUBSECTION (5)(d) OF THIS SECTION.13
	302	+	(8) Towing carrier responsibility. For a nonconsensual tow, the14
	303	+	towing carrier is responsible for the security and safety of the towed15
	304	+	vehicle until it is released to an authorized or interested person.16
	305	+	(9) Applicability. This section does not apply to:17
	306	+	(b) A tow from a parking space that serves a business if:18
	307	+	(I) The parking space is not in a common parking area; and19
	308	+	SECTION 4. In Colorado Revised Statutes, 40-10.1-406, add20
	309	+	(1)(c) as follows:21
	310	+	40-10.1-406. Failure to comply. (1) No fees - return of vehicle.22
	311	+	(c) WITHIN FORTY-EIGHT HOURS AFTER A TOW IS DETERMINED TO HAVE23
	312	+	BEEN PERFORMED IN VIOLATION OF THIS ARTICLE 10.1 OR ANY RULES24
	313	+	PROMULGATED UNDER THIS ARTICLE 10.1, THE TOWING CARRIER SHALL25
	314	+	RETURN THE VEHICLE BACK TO THE LOCATION FROM WHERE IT WAS26
	315	+	TOWED UNLESS:27
	316	+	1051
	317	+	-10- (I) THE AUTHORIZED OR INTERESTED PERSON NOTIFIES THE1
	318	+	TOWING CARRIER THAT THE PERSON PREFERS TO RETRIEVE THE VEHICLE2
	319	+	FROM THE TOWING CARRIER'S STORAGE FACILITY WITHOUT CHARGE ; OR3
	320	+	(II) RETURNING THE VEHICLE TO THE LOCATION FROM WHERE THE4
	321	+	VEHICLE WAS TOWED IS NOT PRACTICAL , AS DETERMINED BY THE5
	322	+	COMMISSION.6
	323	+	SECTION 5. In Colorado Revised Statutes, 40-10.1-409, amend7
	324	+	(2) as follows:8
	325	+	40-10.1-409. Violators subject to penalties. (2) A violation of9
	326	+	this part 4 is a deceptive trade practice under section 6-1-105 (1)(ttt) AND10
	327	+	(1)(eeee) and is subject to enforcement by the attorney general's office in11
	328	+	addition to the OR A DISTRICT ATTORNEY OR enforcement AS described in12
	329	+	this section.13
	330	+	SECTION 6. In Colorado Revised Statutes, add 40-10.1-411 as14
	331	+	follows:15
	332	+	40-10.1-411. Towing carrier responsibility. THE TOWING16
	333	+	CARRIER IS RESPONSIBLE FOR THE SECURITY AND SAFETY OF THE TOWED17
	334	+	VEHICLE UNTIL THE VEHICLE IS RELEASED TO AN AUTHORIZED OR18
	335	+	INTERESTED PERSON.19
	336	+	SECTION 7. In Colorado Revised Statutes, 6-1-105, add20
	337	+	(1)(eeee) as follows:21
	338	+	6-1-105. Unfair or deceptive trade practices. (1) A person22
	339	+	engages in a deceptive trade practice when, in the course of the person's23
	340	+	business, vocation, or occupation, the person:24
	341	+	(eeee) IS A TOWING CARRIER AND CONDUCTS A NONCONSENSUAL25
	342	+	TOW IN VIOLATION OF SECTION 40-10.1-405.26
	343	+	SECTION 8. In Colorado Revised Statutes, 40-10.1-404, amend27
	344	+	1051
	345	+	-11- (1) as follows:1
	346	+	40-10.1-404. Repeal of part - subject to review. (1) This part2
	347	+	4 is repealed, effective September 1, 2025 2030. Before the repeal, this3
	348	+	part 4 is scheduled for review in accordance with section 24-34-104 and4
	349	+	subsection (2) of this section.5
	350	+	SECTION 9. In Colorado Revised Statutes, 24-34-104, repeal6
	351	+	(26)(a)(XIII); and add (31)(a)(XI) as follows:7
	352	+	24-34-104. General assembly review of regulatory agencies8
	353	+	and functions for repeal, continuation, or reestablishment -9
	354	+	legislative declaration - repeal. (26) (a) The following agencies,10
	355	+	functions, or both, are scheduled for repeal on September 1, 2025:11
	356	+	(XIII) The public utilities commission's regulation of towing12
	357	+	carriers under part 4 of article 10.1 of title 40.13
	358	+	(31) (a) The following agencies, functions, or both, are scheduled14
	359	+	for repeal on September 1, 2030:15
	360	+	(XI) THE REGULATION OF TOWING CARRIERS BY THE PUBLIC16
	361	+	UTILITIES COMMISSION UNDER PART 4 OF ARTICLE 10.1 OF TITLE 40.17
	362	+	SECTION 10. In Colorado Revised Statutes, 40-10.1-116,18
	363	+	amend (3) as follows:19
	364	+	40-10.1-116. Commission to notify local authorities -20
	365	+	procedure. (3) (a) A person injured by the noncompliance of a motor21
	366	+	carrier with this article ARTICLE 10.1 or any other provision of law or an22
	367	+	order, decision, rule, direction, or requirement of the commission may23
	368	+	apply to a court of competent jurisdiction for the enforcement thereof,24
	369	+	and the court has jurisdiction to enforce obedience thereto by injunction25
	370	+	or other proper process, mandatory or otherwise, and to restrain the motor26
	371	+	carrier and its officers, agents, employees, or representatives from further27
	372	+	1051
	373	+	-12- disobedience thereof, or to enjoin upon them obedience to the same, and1
	374	+	any person so injured has cause of action in damages and is privileged to2
	375	+	pursue the usual and proper remedies as in any other case.3
	376	+	(b) SUBSECTION (3)(a) OF THIS SECTION CREATES AN4
	377	+	INDEPENDENT CAUSE OF ACTION, WHICH IS NOT SUBJECT TO5
	378	+	ADMINISTRATIVE EXHAUSTION, AGAINST A TOWING CARRIER THAT6
	379	+	VIOLATED THIS ARTICLE 10.1 OR ANY OTHER PROVISION OF LAW OR AN7
	380	+	ORDER, DECISION, RULE, DIRECTION, OR REQUIREMENT OF THE8
	381	+	COMMISSION.9
	382	+	SECTION 11. Appropriation. (1) For the 2024-25 state fiscal10
	383	+	year, $165,629 is appropriated to the department of regulatory agencies.11
	384	+	This appropriation is from the public utilities commission motor carrier12
	385	+	fund created in section 40-2-110.5 (6), C.R.S. To implement this act, the13
	386	+	department may use this appropriation as follows:14
	387	+	(a) $42,973 for use by the public utilities commission for personal15
	388	+	services, which amount is based on an assumption that the commission16
	389	+	will require an additional 0.6 FTE;17
	390	+	(b) $7,438 for use by the public utilities commission for operating18
	391	+	expenses; and19
	392	+	(c) $115,218 for the purchase of legal services.20
	393	+	(2) For the 2024-25 state fiscal year, $115,218 is appropriated to21
	394	+	the department of law. This appropriation is from reappropriated funds22
	395	+	received from the department of regulatory agencies under subsection23
	396	+	(1)(c) of this section and is based on an assumption that the department24
	397	+	of law will require an additional 0.5 FTE. To implement this act, the25
	398	+	department of law may use this appropriation to provide legal services for26
	399	+	the department of regulatory agencies.27
	400	+	1051
	401	+	-13- SECTION 12. Act subject to petition - effective date -1
	402	+	applicability. (1) This act takes effect at 12:01 a.m. on the day following2
	403	+	the expiration of the ninety-day period after final adjournment of the3
	404	+	general assembly; except that, if a referendum petition is filed pursuant4
	405	+	to section 1 (3) of article V of the state constitution against this act or an5
	406	+	item, section, or part of this act within such period, then the act, item,6
	407	+	section, or part will not take effect unless approved by the people at the7
	408	+	general election to be held in November 2024 and, in such case, will take8
	409	+	effect on the date of the official declaration of the vote thereon by the9
	410	+	governor.10
	411	+	(2) This act applies to acts committed on or after the applicable11
	412	+	effective date of this act.12
	413	+	1051
	414	+	-14-