State Bill Colorado

Amendments for HB24-1051

House Journal, February 7
40 HB24-1051 be amended as follows, and as so amended, be referred to
41 the Committee on Finance with favorable
42 recommendation:
43
44 Amend printed bill, page 3, strike lines 2 through 16.
45
46 Renumber succeeding sections accordingly.
47
48 Page 4, strike lines 6 through 10 and substitute "PERSON THAT IS
49 IDENTIFIED AS A PRINCIPAL IN RULES PROMULGATED BY THE
50 COMMISSION.".
51
52 Page 4, line 19, after "WILLFULLY" insert "AND REPEATEDLY".
53
54 Page 4, line 21, after "HAS" insert "WILLFULLY AND REPEATEDLY".
55
1 Page 5, strike lines 14 through 25 and substitute:
2
3 "(e) BY SEPTEMBER 1, 2025, THE COMMISSION SHALL
4 PROMULGATE RULES REQUIRING EACH TOWING CARRIER TO PROVIDE, AS
5 A CONDITION OF PERMIT ISSUANCE OR RENEWAL ON OR AFTER A DATE
6 SPECIFIED IN THE RULES, ANY INFORMATION NEEDED TO PREPARE THE
7 REPORT REQUIRED BY SUBSECTION (4)(d)(I) OF THIS SECTION.".
8
9 Page 6, line 3, strike "CONSENSUAL AND".
10
11 Page 6, after line 5, insert:
12
13 "SECTION 3. In Colorado Revised Statutes, 40-10.1-405, add
14 (2)(a)(III) as follows:
15 40-10.1-405. Nonconsensual tows - rights of owners, operators,
16 and lienholders - rules. (2) Towing carrier document vehicle's
17 condition and reason for tow - adequate illumination. (a) Before a
18 towing carrier connects a towing vehicle to a vehicle without consent, the
19 towing carrier shall document the vehicle's condition and the reason for
20 the tow by:
21 (III) RECORDING IN WRITING WHETHER THE VEHICLE WAS TOWED
22 UNDER SUBSECTION (3)(b)(I)(A), (3)(b)(I)(D), (3)(b)(I)(F), OR (3)(b)(I)(G)
23 OF THIS SECTION.".
24
25 Renumber succeeding sections accordingly.
26
27 Page 6, line 6, after "amend" insert "(3)(b)(I)(H), (3)(c),".
28
29 Page 6, line 8, after "(8);" insert "repeal (4)(f)(III) and (9)(b)(I);".
30
31 Page 6, strike line 11 and substitute "required for tows from private
32 property. (b) (I) Except as provided in subsection (3)(b)(IV) of this
33 section, a towing carrier shall not nonconsensually tow a vehicle from a
34 parking space or common parking area without the towing carrier or
35 property owner giving the vehicle owner or operator twenty-four hours'
36 written notice, unless:
37 (H) The vehicle is parked without displaying valid authorization
38 in a parking lot marked for the exclusive use of residents OR INVITED
39 GUESTS.
40 (c) In order for a towing carrier to conduct a nonconsensual tow
41 under subsection (3)(b)(I)(G) or (3)(b)(I)(H) of this section, the property
42 owner must have posted signage visible and facing the driver at each
43 entryway into a parking area indicating that parking spaces are designated
44 for one or more specified residents and that a vehicle parked without
45 authorization is subject to being towed. The sign must also contain the
46 international towing symbol no smaller than four inches by four inches
47 and be permanently mounted in a position that is no lower than five feet
48 and no higher than eight feet THAT:
49 (I) IS NOT LESS THAN TWO SQUARE FEET IN SIZE;
50 (II) HAS LETTERING NOT LESS THAN TWO INCHES IN HEIGHT;
51 (III) HAS LETTERING THAT CONTRASTS SHARPLY IN COLOR WITH
52 THE BACKGROUND ON WHICH THE LETTERS ARE PLACED AND CONTRASTS
53 SHARPLY WITH THE STRUCTURE THE SIGNS ARE PLACED ON;
54 (IV) STATES "NO PARKING AT ALL TIMES" OR STATES THE
55 APPLICABLE HOURS AND DAYS THAT A VEHICLE MAY BE
56 NONCONSENSUALLY TOWED;
1 (V) CONTAINS THE FOLLOWING INFORMATION IN THE ORDER
2 LISTED BELOW:
3 (A) THE RESTRICTION OR PROHIBITION ON PARKING; AND
4 (B) THE TIMES OF THE DAY AND DAYS THAT THE RESTRICTION IS
5 APPLICABLE; BUT, IF THE RESTRICTION APPLIES TWENTY-FOUR HOURS A
6 DAY, SEVEN DAYS A WEEK, THE SIGN MUST SAY "AUTHORIZED PARKING
7 ONLY"; AND
8 (C) THE NAME AND TELEPHONE NUMBER OF THE TOWING CARRIER
9 AUTHORIZED TO PERFORM TOWS FROM THE PRIVATE PROPERTY;
10 (VI) IS PRINTED IN ENGLISH AND SPANISH;
11 (VII) IS PERMANENTLY MOUNTED BOTH:
12 (A) AT THE ENTRANCE TO THE PRIVATE PROPERTY SO THAT THE
13 SIGN FACES OUTWARD TOWARD THE STREET AND IS VISIBLE BEFORE AND
14 UPON ENTERING THE PRIVATE PROPERTY; AND
15 (B) INSIDE THE PRIVATE PROPERTY SO THAT THE SIGN FACES
16 OUTWARD TOWARD THE PARKING AREA;
17 (VIII) IS NOT OBSTRUCTED FROM VIEW OR PLACED IN A MANNER
18 THAT PREVENTS DIRECT VISIBILITY; AND
19 (IX) IS NOT PLACED HIGHER THAN TEN FEET OR LOWER THAN
20 THREE FEET FROM THE SURFACE CLOSEST TO THE SIGN'S PLACEMENT.
21 (d) A TOWING CARRIER".
22
23 Page 7, line 6, strike "THE TOWING" and substitute "IF A VEHICLE WAS
24 TOWED UNDER SUBSECTION (3)(b)(I)(A), (3)(b)(I)(D), (3)(b)(I)(F), OR
25 (3)(b)(I)(G) OF THIS SECTION, THE TOWING".
26
27 Page 7, line 9, strike "THIRTY" and substitute "FIVE".
28
29 Page 7, after line 10 insert:
30
31 "(III) A towing carrier that enters into an agreement with a
32 property owner to nonconsensually tow vehicles from the property shall
33 post signs that:
34 (A) Are no less than one square foot in size;
35 (B) Have lettering not less than one inch in height;
36 (C) Have lettering that contrasts with the background on which
37 the letters are placed;
38 (D) State: "Authorized Parking Only";
39 (E) Include the name and telephone number of the towing carrier
40 authorized to perform tows from the private property;
41 (F) Are printed in English;
42 (G) Are placed at the entrance to the private property, face
43 outward toward the street, and are visible prior to entering and upon
44 entering the private property;
45 (H) Are placed inside the area used for parking, face toward the
46 parking spaces, and, if the private property is not provided for residential
47 parking and has more than ten freestanding lampposts on the property, are
48 posted on each lamppost or posted upright near each lamppost;
49 (I) Are not obstructed or placed in such a manner that prevents
50 visibility; and
51 (J) Are not placed higher than eight feet or lower than three feet
52 from the ground surface closest to the sign's placement.".
53
54 Page 7, line 13, strike "NONCONSENSUALLY TOWED VEHICLE," and
55 substitute "VEHICLE TOWED UNDER SUBSECTION (3)(b)(I)(A), (3)(b)(I)(D),
56 (3)(b)(I)(F), OR (3)(b)(I)(G) OF THIS SECTION,".
1 Page 7, line 15, strike "THIRTY" and substitute "FIVE".
2
3 Page 8, strike lines 4 through 7 and substitute "vehicle WITHIN THE FIRST
4 FIVE DAYS FOLLOWING A TOW AUTHORIZED UNDER SUBSECTION
5 (3)(b)(I)(A), (3)(b)(I)(D), (3)(b)(I)(F), OR (3)(b)(I)(G) OF THIS SECTION,
6 BUT FOR ANY OTHER NONCONSENSUAL TOW THE TOWING CARRIER SHALL
7 IMMEDIATELY RETRIEVE THE VEHICLE OR ALLOW THE AUTHORIZED OR
8 INTERESTED PERSON TO RETRIEVE THE VEHICLE if:".
9
10 Page 8, after line 17 insert:
11
12 "(9) Applicability. This section does not apply to:
13 (b) A tow from a parking space that serves a business if:
14 (I) The parking space is not in a common parking area; and".
15
16 Page 8, strike lines 18 through 27.
17
18 Page 9, strike lines 1 and 2.
19
20 Renumber succeeding section accordingly.
21
22 Strike "owner" and substitute "owner AUTHORIZED OR INTERESTED
23 PERSON" on: Page 6, lines 18, 19, 20, and 21 two times; Page 8, line 3.

House Journal, March 26
33 HB24-1051 be amended as follows, and as so amended, be referred to
34 the Committee on Appropriations with favorable
35 recommendation:
36
37 Strike the Transportation, Housing and Local Government Committee
38 Report, dated February 6, 2024, and substitute:
39
40 "Amend printed bill, strike everything below the enacting clause and
41 substitute:
42
43 "SECTION 1. In Colorado Revised Statutes, 40-10.1-401, amend
44 (2) as follows:
45 40-10.1-401. Permit requirements - rules. (2) (a) (I) The
46 commission may deny an application FOR or SUSPEND, REVOKE, OR refuse
47 to renew a permit under this part 4 of a person who THAT has, within the
48 immediately preceding five years, been convicted of, or pled guilty or
49 nolo contendere to, a felony or a towing-related offense. The commission
50 may also deny an application under this part 4 or SUSPEND, REVOKE, OR
51 refuse to renew the permit of a towing carrier based upon a determination
52 that the towing carrier or any of its owners, principals, officers, members,
53 partners, or directors has not satisfied a civil penalty arising out of any AN
54 administrative or enforcement action brought by the commission.
55
1 (II) A TOWING CARRIER THAT APPLIES FOR A PERMIT OR THAT
2 APPLIES TO RENEW A PERMIT SHALL DISCLOSE TO THE COMMISSION EACH
3 PERSON THAT IS IDENTIFIED AS A PRINCIPAL IN ACCORDANCE WITH RULES
4 PROMULGATED BY THE COMMISSION.
5 (b) The commission may deny an application FOR or SUSPEND,
6 REVOKE, OR refuse to renew a permit of a towing carrier under this part
7 4 based on a determination that there is good cause to believe the issuance
8 of or renewal of the permit IT is not in the public interest FOR THE TOWING
9 CARRIER TO POSSESS A PERMIT. The determination is subject to appeal in
10 accordance with commission rules. IT IS REBUTTABLY PRESUMED THAT A
11 TOWING CARRIER'S POSSESSION OF A PERMIT IS NOT IN THE PUBLIC
12 INTEREST IF THE TOWING CARRIER HAS WILLFULLY AND REPEATEDLY
13 FAILED TO COMPLY WITH THIS ARTICLE 10.1 OR PART 18 OR 21 OF ARTICLE
14 4 OF TITLE 42.
15 SECTION 2. In Colorado Revised Statutes, 40-10.1-403, amend
16 (4)(d)(II); and add (3.5), (4)(e), and (4)(f) as follows:
17 40-10.1-403. Towing task force - creation - conflict of interest
18 - rules - report - repeal. (3.5) (a) A MEMBER SHALL NOTIFY THE TASK
19 FORCE AND ABSTAIN FROM VOTING IF:
20 (I) THE MEMBER WILL FINANCIALLY BENEFIT FROM, OR HAS A
21 FINANCIAL INTEREST IN A PERSON THAT WILL BENEFIT FROM, A
22 RATE-SETTING RECOMMENDATION MADE BY THE TASK FORCE; OR
23 (II) THE TASK FORCE IS ADVISING THE COMMISSION ABOUT A
24 COMPLAINT, AND THE MEMBER IS THE SUBJECT OF THE COMPLAINT OR HAS
25 A FINANCIAL INTEREST IN A PERSON THAT IS THE SUBJECT OF THE
26 COMPLAINT.
27 (b) A MEMBER DOES NOT HAVE A CONFLICT OF INTEREST IF THE
28 MEMBER BENEFITS MERELY FROM BELONGING TO A CLASS THAT IS
29 AFFECTED BY THE RATE SETTING DESCRIBED IN SUBSECTION (3.5)(a)(I) OF
30 THIS SECTION.
31 (4) (d) (II) This subsection (4)(d) is repealed, effective July 1,
32 2026 SEPTEMBER 1, 2026.
33 (e) BY SEPTEMBER 1, 2025, THE COMMISSION SHALL PROMULGATE
34 RULES REQUIRING EACH TOWING CARRIER TO PROVIDE, AS A CONDITION OF
35 PERMIT ISSUANCE OR RENEWAL ON OR AFTER A DATE SPECIFIED IN THE
36 RULES, ANY INFORMATION NEEDED TO PREPARE THE REPORT REQUIRED BY
37 SUBSECTION (4)(d)(I) OF THIS SECTION.
38 (f) THE COMMISSION MAY PROMULGATE RULES TO COLLECT OTHER
39 INFORMATION REQUIRED AS PART OF THE TOWING CARRIER PERMITTING
40 PROCESS. THE INFORMATION REQUIRED BY RULE MAY INCLUDE THE
41 ANNUAL VOLUME OF TOWS BY CATEGORY, THE CURRENT PRICING PER
42 CATEGORY OF TOW FOR ALL FEES CHARGED, AND THE NUMBER OF TOW
43 TRUCKS EACH TOWING CARRIER OPERATES.
44 SECTION 3. In Colorado Revised Statutes, 40-10.1-405, amend
45 (3)(a)(IV) introductory portion, (3)(a)(IV)(A), (3)(a)(IV)(C), (3)(b)(I)(H),
46 (3)(c), (4)(b)(II), (5)(b), (5)(c) introductory portion, (5)(d) introductory
47 portion, and (8); repeal (4)(f)(III) and (9)(b)(I); and add (3)(a)(V), (3)(d),
48 (3)(e), (4)(f)(I)(C), and (4)(h) as follows:
49 40-10.1-405. Nonconsensual tows - rights of owners, operators,
50 and lienholders - rules. (3) Authorization and notice required for
51 tows from private property. (a) A towing carrier shall not
52 nonconsensually tow a vehicle from private property unless:
53 (IV) The towing carrier has received DOCUMENTED permission,
54 to WHICH MUST NOT BE AUTOMATED OR GENERAL, FOR EACH INDIVIDUAL
55 tow OF the vehicle, within the twenty-four hours immediately preceding
1 the tow, from THE FOLLOWING PERSON THAT MUST DOCUMENT THE
2 PERMISSION BY SIGNING THE FORM CREATED IN ACCORDANCE WITH
3 SUBSECTION (3)(d)(I) OF THIS SECTION:
4 (A) The owner of or leaseholder of the private property; EXCEPT
5 THAT, IF THE OWNER OR LEASEHOLDER WOULD EARN INCOME FROM THE
6 NONCONSENSUAL TOW, THE TOWING CARRIER SHALL NOT PERFORM THE
7 NONCONSENSUAL TOW BUT MAY AUTHORIZE ANOTHER TOWING CARRIER
8 TO PERFORM THE NONCONSENSUAL TOW;
9 (C) An agent EMPLOYEE of a person described in subsection
10 (3)(a)(IV)(A) or (3)(a)(IV)(B) of this section OR AN EMPLOYEE OF A
11 PROPERTY MANAGEMENT COMPANY RETAINED TO COLLECT RENT AND
12 PERFORM RESIDENTIAL SERVICES; except that the towing carrier does not
13 qualify as an agent with authority to grant permission under this
14 subsection (3)(a) EMPLOYEE WHO HAS A FINANCIAL INTEREST IN OR
15 RELATIONSHIP WITH THE TOWING CARRIER OR A PARKING LOT
16 MANAGEMENT COMPANY THAT EARNS INCOME FROM MANAGING OR
17 CONTROLLING PARKING OR PERMISSION TO PARK OR THAT EARNS INCOME
18 FROM NONCONSENSUAL TOWS SHALL NOT GRANT PERMISSION TO
19 AUTHORIZE THE TOW; OR
20 (V) THE TOWING CARRIER HAS RECEIVED PERMISSION FOR EACH
21 INDIVIDUAL TOW.
22 (b) (I) Except as provided in subsection (3)(b)(IV) of this section,
23 a towing carrier shall not nonconsensually tow a vehicle from a parking
24 space or common parking area without the towing carrier or property
25 owner giving the vehicle owner or operator twenty-four hours' written
26 notice, unless:
27 (H) The vehicle is parked without displaying valid authorization
28 in a parking lot marked for the exclusive use of residents OR INVITED
29 GUESTS.
30 (c) In order for a towing carrier to conduct a nonconsensual tow
31 under subsection (3)(b)(I)(G) or (3)(b)(I)(H) of this section, the property
32 owner must have posted signage visible and facing the driver at each
33 entryway into a parking area indicating that parking spaces are designated
34 for one or more specified residents and that a vehicle parked without
35 authorization is subject to being towed. The sign must also contain the
36 international towing symbol no smaller than four inches by four inches
37 and be permanently mounted in a position that is no lower than five feet
38 and no higher than eight feet THAT:
39 (I) IS NOT LESS THAN TWO SQUARE FEET IN SIZE;
40 (II) HAS LETTERING NOT LESS THAN ONE INCH IN HEIGHT;
41 (III) HAS LETTERING THAT CONTRASTS SHARPLY IN COLOR WITH
42 THE BACKGROUND ON WHICH THE LETTERS ARE PLACED AND CONTRASTS
43 SHARPLY WITH THE STRUCTURE THE SIGNS ARE PLACED ON;
44 (IV) CONTAINS THE FOLLOWING INFORMATION IN THE ORDER
45 LISTED BELOW:
46 (A) THE RESTRICTION OR PROHIBITION ON PARKING;
47 (B) THE TIMES OF THE DAY AND DAYS THAT THE RESTRICTION IS
48 APPLICABLE; BUT, IF THE RESTRICTION APPLIES TWENTY-FOUR HOURS A
49 DAY, SEVEN DAYS A WEEK, THE SIGN MUST SAY "AUTHORIZED PARKING
50 ONLY"; AND
51 (C) THE NAME AND TELEPHONE NUMBER OF THE TOWING CARRIER
52 AUTHORIZED TO PERFORM TOWS FROM THE PRIVATE PROPERTY;
53 (V) IS PRINTED IN ENGLISH AND SPANISH;
54 (VI) IS PERMANENTLY MOUNTED BOTH:
55
1 (A) AT THE ENTRANCE TO THE PRIVATE PROPERTY SO THAT THE
2 SIGN FACES OUTWARD TOWARD THE STREET AND IS VISIBLE BEFORE AND
3 UPON ENTERING THE PRIVATE PROPERTY; AND
4 (B) INSIDE THE PRIVATE PROPERTY SO THAT THE SIGN FACES
5 OUTWARD TOWARD THE PARKING AREA;
6 (VII) IS NOT OBSTRUCTED FROM VIEW OR PLACED IN A MANNER
7 THAT PREVENTS DIRECT VISIBILITY; AND
8 (VIII) IS NOT PLACED HIGHER THAN TEN FEET OR LOWER THAN
9 THREE FEET FROM THE SURFACE CLOSEST TO THE SIGN'S PLACEMENT.
10 (d) (I) THE COMMISSION SHALL CREATE A FORM THAT IMPLEMENTS
11 SUBSECTION (3)(a)(IV) OF THIS SECTION.
12 (II) THE TOWING CARRIER MUST RETAIN FOR THREE YEARS THE
13 SIGNED FORM REQUIRED BY SUBSECTION (3)(a)(IV) OF THIS SECTION AND,
14 UPON REQUEST, PROVIDE THE SIGNED FORM TO THE VEHICLE OWNER.
15 (e) A TOWING CARRIER SHALL NOT PATROL OR MONITOR PROPERTY
16 TO ENFORCE PARKING RESTRICTIONS ON BEHALF OF THE PROPERTY OWNER.
17 (4) Notice, disclosures, and signs. (b) A towing carrier shall
18 maintain a clearly visible sign at the entrance to the storage facility
19 holding a nonconsensually towed vehicle. The sign must:
20 (II) State: "If a vehicle is nonconsensually towed from private
21 property, the owner AUTHORIZED OR INTERESTED PERSON may retrieve the
22 contents of the vehicle even if the owner AUTHORIZED OR INTERESTED
23 PERSON does not pay the towing carrier's fees. If the owner AUTHORIZED
24 OR INTERESTED PERSON fills out the appropriate form, the owner
25 AUTHORIZED OR INTERESTED PERSON may retrieve the vehicle after paying
26 a reduced fee, but the owner AUTHORIZED OR INTERESTED PERSON still
27 owes the towing carrier the balance of those fees."
28 (f) (III) A towing carrier that enters into an agreement with a
29 property owner to nonconsensually tow vehicles from the property shall
30 post signs that:
31 (A) Are no less than one square foot in size;
32 (B) Have lettering not less than one inch in height;
33 (C) Have lettering that contrasts with the background on which
34 the letters are placed;
35 (D) State: "Authorized Parking Only";
36 (E) Include the name and telephone number of the towing carrier
37 authorized to perform tows from the private property;
38 (F) Are printed in English;
39 (G) Are placed at the entrance to the private property, face
40 outward toward the street, and are visible prior to entering and upon
41 entering the private property;
42 (H) Are placed inside the area used for parking, face toward the
43 parking spaces, and, if the private property is not provided for residential
44 parking and has more than ten freestanding lampposts on the property, are
45 posted on each lamppost or posted upright near each lamppost;
46 (I) Are not obstructed or placed in such a manner that prevents
47 visibility; and
48 (J) Are not placed higher than eight feet or lower than three feet
49 from the ground surface closest to the sign's placement.
50 (h) A TOWING CARRIER SHALL NOT REQUIRE A PERSON TO
51 UNDERGO AN APPROVAL PROCESS OTHER THAN SIGNING THE FORM
52 CREATED PURSUANT TO SUBSECTION (5)(d) OF THIS SECTION.
53 (5) No mechanic's liens on contents. (b) If an authorized or
54 interested person requests that a towing carrier return the contents of a
55 vehicle that was towed without consent within thirty days after the
1 postmarked date the notice was mailed in accordance with section
2 42-4-2103 (4) or the date the operator received notice that no record
3 exists for the motor vehicle, the towing carrier shall immediately retrieve
4 or allow the authorized or interested person to retrieve the vehicle's
5 contents. This subsection (5)(b) does not apply to the contents of a
6 vehicle if the contents of the vehicle are subject to a hold order issued by
7 a court, district attorney, law enforcement agency, or peace officer.
8 (c) The towing carrier shall immediately retrieve a vehicle that has
9 been nonconsensually towed or allow the owner AUTHORIZED OR
10 INTERESTED PERSON to retrieve the vehicle if:
11 (d) For an authorized or interested person to retrieve a vehicle
12 without paying the towing carrier the total amount owed to the towing
13 carrier, the authorized or interested person must sign a form affirming that
14 the authorized or interested person owes the towing carrier payment for
15 fees that comply with this article 10.1, part 21 of article 4 of title 42, or
16 article 20 of title 38. Knowingly providing false information on the form
17 is unlawful. Signing this form does not prohibit a vehicle owner from
18 filing a complaint with the commission or pursuing other remedies. The
19 towing carrier may use the form to take reasonable actions to collect the
20 debt, including initiating a court action or using a collection agency. The
21 department COMMISSION shall:
22 (8) Towing carrier responsibility. (a) For a nonconsensual tow,
23 the towing carrier is responsible for the security and safety of the towed
24 vehicle until it is released to an authorized or interested person.
25 (b) WITHIN FORTY-EIGHT HOURS AFTER A NONCONSENSUAL TOW
26 IS DETERMINED TO HAVE BEEN PERFORMED IN VIOLATION OF THIS SECTION,
27 THE TOWING CARRIER SHALL RETURN AN IMPROPERLY TOWED VEHICLE
28 BACK TO THE LOCATION FROM WHERE IT WAS TOWED UNLESS THE
29 AUTHORIZED OR INTERESTED PERSON NOTIFIES THE TOWING CARRIER THAT
30 THE PERSON PREFERS TO RETRIEVE THE VEHICLE FROM THE TOWING
31 CARRIER'S IMPOUND LOT WITHOUT CHARGE.
32 (9) Applicability. This section does not apply to:
33 (b) A tow from a parking space that serves a business if:
34 (I) The parking space is not in a common parking area; and
35 SECTION 4. In Colorado Revised Statutes, 40-10.1-409, amend
36 (2) as follows:
37 40-10.1-409. Violators subject to penalties. (2) A violation of
38 this part 4 is a deceptive trade practice under section 6-1-105 (1)(ttt) AND
39 (1)(eeee) and is subject to enforcement by the attorney general's office in
40 addition to the OR A DISTRICT ATTORNEY OR enforcement AS described in
41 this section.
42 SECTION 5. In Colorado Revised Statutes, 6-1-105, add
43 (1)(eeee) as follows:
44 6-1-105. Unfair or deceptive trade practices. (1) A person
45 engages in a deceptive trade practice when, in the course of the person's
46 business, vocation, or occupation, the person:
47 (eeee) IS A TOWING CARRIER AND CONDUCTS A NONCONSENSUAL
48 TOW IN VIOLATION OF SECTION 40-10.1-405.
49 SECTION 6. In Colorado Revised Statutes, 40-10.1-404, amend
50 (1) as follows:
51 40-10.1-404. Repeal of part - subject to review. (1) This part
52 4 is repealed, effective September 1, 2025 2030. Before the repeal, this
53 part 4 is scheduled for review in accordance with section 24-34-104 and
54 subsection (2) of this section.
55
1 SECTION 7. In Colorado Revised Statutes, 24-34-104, repeal
2 (26)(a)(XIII); and add (31)(a)(XI) as follows:
3 24-34-104. General assembly review of regulatory agencies
4 and functions for repeal, continuation, or reestablishment - legislative
5 declaration - repeal. (26) (a) The following agencies, functions, or both,
6 are scheduled for repeal on September 1, 2025:
7 (XIII) The public utilities commission's regulation of towing
8 carriers under part 4 of article 10.1 of title 40.
9 (31) (a) The following agencies, functions, or both, are scheduled
10 for repeal on September 1, 2030:
11 (XI) THE REGULATION OF TOWING CARRIERS BY THE PUBLIC
12 UTILITIES COMMISSION UNDER PART 4 OF ARTICLE 10.1 OF TITLE 40.
13 SECTION 8. Act subject to petition - effective date -
14 applicability. (1) This act takes effect at 12:01 a.m. on the day following
15 the expiration of the ninety-day period after final adjournment of the
16 general assembly; except that, if a referendum petition is filed pursuant
17 to section 1 (3) of article V of the state constitution against this act or an
18 item, section, or part of this act within such period, then the act, item,
19 section, or part will not take effect unless approved by the people at the
20 general election to be held in November 2024 and, in such case, will take
21 effect on the date of the official declaration of the vote thereon by the
22 governor.
23 (2) This act applies to acts committed on or after the applicable
24 effective date of this act.".".
25
26

House Journal, April 19
7 HB24-1051 be amended as follows, and as so amended, be referred to
8 the Committee of the Whole with favorable
9 recommendation:
10
11 Amend the Finance Committee Report, dated March 25, 2024, page 7,
12 after line 5 insert:
13
14 "SECTION 8. Appropriation. (1) For the 2024-25 state fiscal year,
15 $165,629 is appropriated to the department of regulatory agencies. This
16 appropriation is from the public utilities commission motor carrier fund
17 created in section 40-2-110.5 (6), C.R.S. To implement this act, the
18 department may use this appropriation as follows:
19 (a) $42,973 for use by the public utilities commission for personal
20 services, which amount is based on an assumption that the commission
21 will require an additional 0.6 FTE;
22 (b) $7,438 for use by the public utilities commission for operating
23 expenses; and
24 (c) $115,218 for the purchase of legal services.
25 (2) For the 2024-25 state fiscal year, $115,218 is appropriated to the
26 department of law. This appropriation is from reappropriated funds
27 received from the department of regulatory agencies under subsection
28 (1)(c) of this section and is based on an assumption that the department
29 of law will require an additional 0.5 FTE. To implement this act, the
30 department of law may use this appropriation to provide legal services for
31 the department of regulatory agencies.".
32
33 Renumber succeeding section accordingly.
34
35 Page 7 of the report, after line 17 insert:
36
37 "Page 1 of the bill, line 103, strike "VEHICLES." and substitute
38 "VEHICLES, AND, IN CONNECTION THEREWITH, MAKING AN
39 APPROPRIATION.".".
40
41

House Journal, April 23
6 Amendment No. 1, Appropriations Report, dated April 19, 2024, and
7 placed in member's bill file; Report also printed in House Journal,
8 April 19, 2024.
9
10 Amendment No. 2, Finance Report, dated March 25, 2024, and placed in
11 member's bill file; Report also printed in House Journal, March 26, 2024.
12
13 Amendment No. 3, by Representative Boesenecker:
14
15 Amend the Finance Committee Report, dated March 25, 2024, page 2,
16 line 37, strike "(4)(f)(III)" and substitute "(4)(f)(III), (8),".
17
18 Page 6, strike lines 4 through 13 and substitute:
19
20 "(8) Towing carrier responsibility. For a nonconsensual tow, the
21 towing carrier is responsible for the security and safety of the towed
22 vehicle until it is released to an authorized or interested person.".
23
24 Page 6, after line 16 insert:
25
26 "SECTION 4. In Colorado Revised Statutes, 40-10.1-406, add
27 (1)(c) as follows:
28 40-10.1-406. Failure to comply. (1) No fees - return of vehicle.
29 (c) WITHIN FORTY-EIGHT HOURS AFTER A TOW IS DETERMINED TO HAVE
30 BEEN PERFORMED IN VIOLATION OF THIS ARTICLE 10.1 OR ANY RULES
31 PROMULGATED UNDER THIS ARTICLE 10.1, THE TOWING CARRIER SHALL
32 RETURN THE VEHICLE BACK TO THE LOCATION FROM WHERE IT WAS TOWED
33 UNLESS:
34 (I) THE AUTHORIZED OR INTERESTED PERSON NOTIFIES THE
35 TOWING CARRIER THAT THE PERSON PREFERS TO RETRIEVE THE VEHICLE
36 FROM THE TOWING CARRIER'S STORAGE FACILITY WITHOUT CHARGE; OR
37 (II) RETURNING THE VEHICLE TO THE LOCATION FROM WHERE THE
38 VEHICLE WAS TOWED IS NOT PRACTICAL, AS DETERMINED BY THE
39 COMMISSION.".
40
41 Renumber succeeding sections accordingly.
42
43 Page 6, after line 23 insert:
44
45 "SECTION 6. In Colorado Revised Statutes, add 40-10.1-411 as
46 follows:
47 40-10.1-411. Towing carrier responsibility. THE TOWING
48 CARRIER IS RESPONSIBLE FOR THE SECURITY AND SAFETY OF THE TOWED
49 VEHICLE UNTIL THE VEHICLE IS RELEASED TO AN AUTHORIZED OR
50 INTERESTED PERSON.".
51
52 Renumber succeeding sections accordingly.
53
54
1 Amendment No. 4, by Representative Boesenecker:
2
3 Amend the Finance Committee Report, dated March 25, 2024, page 2,
4 line 38, strike "(4)(h)" and substitute "(5)(e)".
5
6 Page 2, line 40, strike "Authorization" and substitute "Authorization,
7 signs,".
8
9 Page 3, line 1, strike "GENERAL," and substitute "PREAPPROVED,".
10
11 Page 3, lines 32 and 33, strike "tow under subsection (3)(b)(I)(G) or
12 (3)(b)(I)(H) of this section," and substitute "tow, under subsection
13 (3)(b)(I)(G) or (3)(b)(I)(H) of this section,".
14
15 Page 4, line 30, before "signs." insert "towing carrier".
16
17 Page 5, strike lines 20 through 22.
18
19 Page 6, after line 3 insert:
20
21 "(e) A TOWING CARRIER SHALL NOT REQUIRE A PERSON TO
22 UNDERGO AN APPROVAL PROCESS OTHER THAN SIGNING THE FORM
23 CREATED PURSUANT TO SUBSECTION (5)(d) OF THIS SECTION.".
24
25 Amendment No. 5, by Representative Mabrey:
26
27 Amend the Finance Committee Report, dated March 25, 2024, page 7,
28 after line 5 insert:
29
30 "SECTION 8. In Colorado Revised Statutes, 40-10.1-116, amend
31 (3) as follows:
32 40-10.1-116. Commission to notify local authorities -
33 procedure. (3) (a) A person injured by the noncompliance of a motor
34 carrier with this article ARTICLE 10.1 or any other provision of law or an
35 order, decision, rule, direction, or requirement of the commission may
36 apply to a court of competent jurisdiction for the enforcement thereof, and
37 the court has jurisdiction to enforce obedience thereto by injunction or
38 other proper process, mandatory or otherwise, and to restrain the motor
39 carrier and its officers, agents, employees, or representatives from further
40 disobedience thereof, or to enjoin upon them obedience to the same, and
41 any person so injured has cause of action in damages and is privileged to
42 pursue the usual and proper remedies as in any other case.
43 (b) SUBSECTION (3)(a) OF THIS SECTION CREATES AN INDEPENDENT
44 CAUSE OF ACTION, WHICH IS NOT SUBJECT TO ADMINISTRATIVE
45 EXHAUSTION, AGAINST A TOWING CARRIER THAT VIOLATED THIS ARTICLE
46 10.1 OR ANY OTHER PROVISION OF LAW OR AN ORDER, DECISION, RULE,
47 DIRECTION, OR REQUIREMENT OF THE COMMISSION.".
48
49 Renumber succeeding section accordingly.
50
51 As amended, ordered engrossed and placed on the Calendar for Third
52 Reading and Final Passage.
53
54