Bill Sponsor
Colorado House Bill 1051
Session 2024A
Towing Carrier Regulation
Became Law
Became Law
Signed by Governor on May 30, 2024
Sponsors
Democrat
Andrew Boesenecker
Democrat
Tisha Mauro
Democrat
Julie Gonzales
Democrat
Kevin Priola
First Action
Jan 10, 2024
Latest Action
May 30, 2024
Origin Chamber
House
Type
Bill
Bill Number
1051
State
Colorado
Session
2024A
Sponsorship by Party
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Summary
Colorado law authorizes the public utilities commission (commission) to deny or refuse to renew a towing carrier permit (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 permit. The act: 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 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 willfully and repeatedly violated the towing laws. The act 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 if the matter concerns a rate-setting recommendation 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. Colorado 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 act requires the commission to promulgate a rule to require towing carriers to provide any information needed to prepare the report as part of the towing carrier permitting process. The information required by rule may include the annual volume of tows by category, the current pricing per category of tow for all fees charged, and the number of tow trucks each towing carrier operates. A towing carrier is forbidden from patrolling or monitoring property to enforce parking restrictions on behalf of the property owner. If a motor vehicle is 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 place it was towed from unless otherwise requested or if not practical, as determined by the commission. Colorado law prohibits a towing carrier from nonconsensually towing a vehicle from private property unless the carrier has received permission from the property owner or an agent of the owner within the last 24 hours. A towing carrier may not be the agent of the property owner. The act requires the permission to be documented and signed and prohibits automated or preapproved permission. If the property owner would earn income from the nonconsensual tow, the towing carrier is prohibited from making the tow but may authorize another towing carrier to make the tow. The act repeals the ability of the agent to authorize the tow and replaces it with authorization by an employee of the property owner or a property management service, except that employees that have a financial interest in or relationship with the towing carrier may not authorize the tow. Before the act, Colorado law required certain nonconsensual tows to occur only after the vehicle owner has been given 24-hours' notice, unless the vehicle is parked without displaying valid authorization in a parking lot used exclusively for residents. The act removes the requirement that the vehicle display valid authorization and replaces it with a requirement that the vehicle have valid authorization and broadens the type of parking lot to include a parking lot for invited guests. The sign requirement for conducting a nonconsensual tow is changed to require the sign to include certain lettering and placement requirements and to require print in both English and Spanish. Colorado law authorizes the owner of a nonconsensually towed vehicle to retrieve the vehicle without paying the full fees for the nonconsensual tow. The act prohibits a towing carrier from requiring a person to undergo an approval process other than signing the appropriate form to retrieve the vehicle. The act requires a towing carrier to be responsible for the security and safety of a towed vehicle, regardless of whether the vehicle was nonconsensually towed. A violation of the towing laws is made a deceptive trade practice in violation of the "Colorado Consumer Protection Act", which authorizes the attorney general or a district attorney to file a civil action for penalties of $10,000 or more. The sunset repeal of the commission's regulation of towing carriers is moved from September 1, 2025, to September 1, 2030. The act makes a violation of the towing laws an independent cause of action, which is not subject to administrative exhaustion, against the towing carrier. To implement the act, $165,629 is appropriated for the 2024-25 state fiscal year to the department of regulatory agencies from the public utilities commission motor carrier fund. APPROVED by Governor May 30, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Actions (18)
05/30/2024
Office of the Governor
Governor Signed
05/16/2024
Office of the Governor
Sent to the Governor
05/16/2024
Senate
Signed by the President of the Senate
05/16/2024
House
Signed by the Speaker of the House
05/06/2024
Senate
Senate Third Reading Reconsidered - No Amendments
05/06/2024
Senate
Senate Recalled Bill From House
05/06/2024
Senate
Senate Third Reading Passed - No Amendments
05/04/2024
Senate
Senate Second Reading Special Order - Passed - No Amendments
05/04/2024
Senate
Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
05/02/2024
Senate
Senate Committee on Finance Refer Unamended to Appropriations
04/24/2024
Senate
Introduced In Senate - Assigned to Finance
04/24/2024
House
House Third Reading Passed - No Amendments
04/23/2024
House
House Second Reading Special Order - Passed with Amendments - Committee, Floor
04/22/2024
House
House Second Reading Laid Over Daily - No Amendments
04/19/2024
House
House Committee on Appropriations Refer Amended to House Committee of the Whole
03/25/2024
House
House Committee on Finance Refer Amended to Appropriations
02/06/2024
House
House Committee on Transportation, Housing & Local Government Refer Amended to Finance
01/10/2024
House
Introduced In House - Assigned to Transportation, Housing & Local Government
Sources
Record Created
Jan 10, 2024 8:13:25 PM
Record Updated
Jun 26, 2024 10:42:04 PM