CO Code § 40-10.1-403 (2021)
2021 Colorado Code|Title 40 - Utilities|Article 10.1 - Motor Carriers|Part 4 - Motor Carriers of Towed Motor Vehicles|§ 40-10.1-403. Towing Task Force - Creation - Rules - Repeal

  The towing task force is hereby created within the department of regulatory agencies.      Through October 31, 2021, the task force consists of nine members, appointed as follows:   One member, or the member's designee, appointed by the governor to represent the commission;    One member, or the member's designee, appointed by the chief of the Colorado state patrol;    One member, or the member's designee, appointed by the governor to represent a towing association within the state;    One member, or the member's designee, appointed by the governor to represent towing carriers within the state but who does not represent a towing association;    One member, or the member's designee, appointed by the governor to represent an association of automobile owners within the state;    One member who insures towing operations, or the member's designee, appointed by the governor to represent insurance companies within the state;    One member, or the member's designee, appointed by the governor to represent an association of motor carriers within Colorado;    One member, or the member's designee, appointed by the governor to represent local law enforcement agencies; and    One member who owns private property and contracts for towing services, or the member's designee, appointed by the governor to represent consumers of towing services.       This subsection (2) is repealed, effective November 1, 2021. (2.5)   Beginning November 1, 2021, the task force consists of fourteen members, appointed as follows:   One member appointed by the governor to represent the commission;    One member appointed by the chief of the Colorado state patrol;    One member appointed by the governor to represent a towing association within the state with experience in consensual towing;    One member appointed by the governor to represent nonconsensual towing carriers;    One member appointed by the governor to represent mobile home owners in the state;    One member appointed by the governor to represent an association of motor carriers within Colorado as consumers of towing services;    One member appointed by the attorney general with experience enforcing the “Colorado Consumer Protection Act”, article 1 of title 6;    One member appointed by the governor to represent people with disabilities;    One member who insures towing operations appointed by the governor to represent insurance companies within the state;    One member appointed by the governor to represent common interest communities;    One member appointed by the governor to represent local law enforcement agencies;    One member who owns private property and contracts for towing services appointed by the governor to represent consumers of towing services; and    Two members appointed by the governor to represent communities that might be disproportionately affected by nonconsensual towing, such as communities of color, immigrant communities, elderly communities, and rural communities.       A member appointed to the task force before November 1, 2021, may continue to serve on the task force on and after November 1, 2021, to serve the remainder of the member's term if the member continues to represent one of the groups required to be represented on the task force as of November 1, 2021, in accordance with subsection (2.5)(a) of this section.    If a member is unable to attend a meeting of the task force, the member may designate a person to fulfill the member's duties in lieu of the member for the meeting.            The members of the task force serve four-year terms; except that the members appointed or reappointed under subsections (2.5)(a)(I) to (2.5)(a)(VII) of this section serve initial terms of two years.    The members shall elect a chair from among their membership. The chair shall set the times and frequency of the task force's meetings; except that the task force shall meet no fewer than two times per year.         When promulgating or amending rules concerning rate regulation of tow carriers, the commission shall consult with the task force.    At the discretion of the commission, the staff of the commission shall consult with the task force concerning investigations of overcharges made by towing carriers in violation of this title.    The commission shall consider the recommendations of the task force.      By December 1 of each year, the commission shall make a report to the house of representatives transportation and local government committee, the house of representatives business affairs and labor committee, the senate business, labor, and technology committee, and the senate transportation and energy committee, or any successor committees. The report must: (d) (I) By December 1 of each year, the commission shall make a report to the house of representatives transportation and local government committee, the house of representatives business affairs and labor committee, the senate business, labor, and technology committee, and the senate transportation and energy committee, or any successor committees. The report must:   Address the fees charged for and complaints arising from nonconsensual tows;    Contain the recommendations, including rule changes, of the task force, whether the recommendations were implemented with or without modification, and an analysis of the reasons why the commission made these decisions.       This subsection (4)(d) is repealed, effective July 1, 2026.          The task force has the following duties and powers:   To make comprehensive recommendations to the commission about the maximum rates that may be charged for the recovery, towing, and storage of a vehicle that has been towed without the owner's consent. The task force shall make comprehensive recommendations to the commission about the maximum rates after July 1, 2022, but no later than September 1, 2022.    To advise the commission or the staff of the commission concerning investigations of overcharges made by towing carriers in violation of this title.       This section is repealed, effective September 1, 2025. Before the repeal, the task force is scheduled for review in accordance with section 2-3-1203.     History. Source: L. 2014: Entire section added, (HB 14-1031) ch. 14, p. 125, § 1, effective August 6. L. 2021: (2), (3), (4)(c), (5)(a), and (6) amended and (2.5) and (4)(d) added, (HB 21-1283), ch. 472, p. 3384, § 3, effective July 7.