2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 4 - MOTOR CARRIERS OF TOWED MOTOR VEHICLES (§§ 40-10.1-401 — 40-10.1-411) › Section 40-10.1-403 - [Effective 8/7/2024] Towing task force - creation - conflict of interest - rules - report - repeal

(1)
The towing task force is hereby created within the department of regulatory agencies.
(2)
Repealed.
(2.5)
(a)
Beginning November 1, 2021, the task force consists of fourteen members, appointed as follows:
(I)
One member appointed by the governor to represent the commission;
(II)
One member appointed by the chief of the Colorado state patrol;
(III)
One member appointed by the governor to represent a towing association within the state with experience in consensual towing;
(IV)
One member appointed by the governor to represent nonconsensual towing carriers;
(V)
One member appointed by the governor to represent mobile home owners in the state;
(VI)
One member appointed by the governor to represent an association of motor carriers within Colorado as consumers of towing services;
(VII)
One member appointed by the attorney general with experience enforcing the "Colorado Consumer Protection Act", article
1
of title
6
;
(VIII)
One member appointed by the governor to represent people with disabilities;
(IX)
One member who insures towing operations appointed by the governor to represent insurance companies within the state;
(X)
One member appointed by the governor to represent common interest communities;
(XI)
One member appointed by the governor to represent local law enforcement agencies;
(XII)
One member who owns private property and contracts for towing services appointed by the governor to represent consumers of towing services; and
(XIII)
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.
(b)
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.
(c)
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.
(3)
(a)
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.
(b)
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.
(3.5)
(a)
A member shall notify the task force and abstain from voting if:
(I)
The member will financially benefit from, or has a financial interest in a person that will benefit from, a rate-setting recommendation made by the task force; or
(II)
The task force is advising the commission about a complaint, and the member is the subject of the complaint or has a financial interest in a person that is the subject of the complaint.
(b)
A member does not have a conflict of interest if the member benefits merely from belonging to a class that is affected by the rate setting described in subsection (3.5)(a)(I) of this section.
(4)
(a)
When promulgating or amending rules concerning rate regulation of tow carriers, the commission shall consult with the task force.
(b)
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.
(c)
The commission shall consider the recommendations of the task force.
(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:
(A)
Address the fees charged for and complaints arising from nonconsensual tows;
(B)
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.
(C)
Include the analysis required in subsection (5)(c) of this section;
(D)
Include the task force's definitions of consensual tow and nonconsensual tow;
(E)
Include the range of dollar amounts considered when setting all rates related to charges by towing carriers for nonconsensual tows, including information considered for the minimum and maximum rates for all fees charged, the formulas for determining the actual cost and market rate for the final fees set for all rates, a summary of any public comment or feedback provided related to the rates set, and any other information the task force took into consideration when establishing all rates;
(F)
Include the times, including the shortest, mean, median, mode, and longest, to settle complaints made to the commission;
(G)
Include the categories of complaints and the number of complaints in each category; and
(H)
Include a list of the towing carriers that have been issued a permit, the number of valid complaints against each carrier, and the action taken by the commission in response to each valid complaint.
(II)
This subsection (4)(d) is repealed, effective September 1, 2026.
(e)
By September 1, 2025, the commission shall promulgate rules requiring each towing carrier to provide, as a condition of permit issuance or renewal on or after a date specified in the rules, any information needed to prepare the report required by subsection (4)(d)(I) of this section.
(f)
The commission may promulgate rules to collect other information required 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.
(5)
The task force has the following duties and powers:
(a)
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 November 1, 2022.
(b)
To advise the commission or the staff of the commission concerning investigations of overcharges made by towing carriers in violation of this title.
(c)
To analyze and make recommendations to the commission about nonconsensual towing rates charged to the public. In analyzing nonconsensual rates, the task force shall take into account current consensual towing market rates and their relationship to nonconsensual towing rates.
(6)
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
.
Amended by 2024 Ch. 292,§ 2, eff. 8/7/2024, app. acts committed on or after the applicable effective date.
Amended by 2022 Ch. 416, § 10, eff. 8/10/2022.
Amended by 2021 Ch. 472, § 3, eff. 7/7/2021.
Added by 2014 Ch. 14, § 1, eff. 8/6/2014.
L. 2014: Entire section added, (HB 14-1031) ch. 125, 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. 3384, p. 3384, § 3, effective July 7.
2024 Ch. 292, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 416, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.