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signed · Colorado · House May 31, 2024

HB 24-1130: Privacy of Biometric Identifiers & Data

The act amends the "Colorado Privacy Act" to add protections for individuals' biometric data by requiring a person that controls or processes one or more biometric identifiers (controller) to adopt a written policy that: Establishes a retention schedule for biometric identifiers and biometric data; Includes a protocol for responding to a data security incident that may compromise the security of biometric identifiers or biometric data; and Includes guidelines that require the deletion of a biometric identifier on or before certain dates. With certain exceptions, a controller must make its written policy available to the public. The act also: Prohibits a controller from collecting a biometric identifier unless the controller first satisfies certain disclosure and consent requirements; Specifies certain prohibited acts and requirements for controllers that process biometric identifiers and biometric data; Requires a controller to disclose to a consumer certain information concerning the collection and use of the consumer's biometric identifier; Restricts an employer's permissible reasons for obtaining an employee's consent for the collection of biometric identifiers; and Authorizes the attorney general to promulgate rules to implement the act. APPROVED by Governor May 31, 2024 EFFECTIVE July 1, 2025(Note: This summary applies to this bill as enacted.)
Lindsey Daugherty (D) Chris Hansen (D) Mike Lynch (R) Paul Lundeen (R)
signed · Colorado · Senate May 31, 2024

SB 24-072: Voting for Confined Eligible Electors

The law has required county clerk and recorders must make best efforts to coordinate with the county sheriff or the county sheriff's designee at each county jail or detention center to facilitate voting for all confined eligible electors. The act requires a county sheriff to designate at least one individual to facilitate voting for confined eligible electors at the county jail or detention center (sheriff's designee) and requires the sheriff's designee to coordinate with the county clerk and recorder. The sheriff's designee must provide information to confined individuals regarding eligibility to vote, how confined individuals can verify or change their voter registration, and how eligible confined individuals can register to vote and ensure there is reasonable access to resources to verify or change a voter registration or register to vote. The sheriff's designee must also ensure that all confined eligible electors have reasonable access to the ballot information booklet, certain information about local ballot issues, and any election-related materials that are prepared and provided to the designee in support of or in opposition to any candidate or issue on the ballot. The act also requires that the county clerk and recorder and the sheriff's designee coordinate to provide one day of in-person voting at the county jail or detention center for all confined eligible electors. The in-person voting must be open for at least 6 hours and be held on any day between the fifteenth day before election day and the fourth day before election day. Additionally, the clerk and recorder is required to confirm through the department of corrections online offender database that a confined individual is not serving a felony sentence before the individual can register to vote or is permitted to vote on the day of in-person voting. Additionally, for mail ballot elections, the sheriff's designee is required to: Establish a location at the county jail or detention center for ballots voted by confined eligible electors to be returned; Ensure that confined eligible electors have information regarding the methods by which they may return voted ballots, the designated location for voted ballots to be returned, and the latest time on election day that ballots may be deposited at the designated location; and Inspect outgoing mail at the county jail or detention center for ballots and ensure that any ballots in outgoing mail are placed instead in the designated location for collection. By not earlier than 3:00 p.m. on election day, a team of bipartisan election judges acting at the direction of the county clerk and recorder is required to conduct a final collection of ballots from the county jail or detention center that have been deposited at the designated location. The act further requires the election plan that is required under current law to include information concerning how the clerk and recorder and the sheriff's designee will facilitate the process for confined eligible electors to cure a deficiency on a voted ballot and requires the sheriff's designee to establish a process for a confined eligible elector to cure a deficiency on their ballot. The failure of the sheriff or the sheriff's designee to comply with the requirements set forth in the act is subject to assessment of a civil penalty determined by the court and payable by the county in the amount of $5,000 per violation. The civil penalty is to be credited to the department of state cash fund. The office of the secretary of state is required to create training materials for county clerk and recorders to minimally use in providing training and technical assistance to the sheriff's designee. For the 2024-25 state fiscal year, the act appropriates: $75,240 from the general fund to the department of state for use by the elections division for local election reimbursement; and $92,160 from the department of state cash fund to the department of state for use by the information technology division for personal services. APPROVED by Governor May 31, 2024 EFFECTIVE May 31, 2024(Note: This summary applies to this bill as enacted.)
Julie Gonzales (D) Manny Rutinel (D) Kyle Brown (D)
signed · Colorado · House May 31, 2024

HB 24-1312: State Income Tax Credit for Careworkers

The act creates a refundable income tax credit (credit) that is available for income tax years commencing on or after January 1, 2025, but prior to January 1, 2029, for a qualifying resident individual (individual) working in the care workforce in the amount of $1,200 for a single filer and $2,400 for 2 joint filers. To be eligible for the credit, an individual must: Have an adjusted gross income of no more than $75,000 as a single filer or $100,000 as a joint filer; and Be employed in the care workforce as a child care worker or a qualified direct care worker. To further the administration of the credit, the act: Requires the department of health care policy and financing, on or before September 30, 2025, and each September 30 thereafter, to provide the department of revenue an electronic report of the name and federal employer identification number of every long-term care employer that employs one or more direct care workers and provides services in Colorado during the calendar year; Requires the department of early childhood, on or before January 31, 2026, and each January 31 thereafter, to provide the department of revenue with an electronic report of child care workers eligible for the credit for the preceding calendar year; and Requires, on or before January 31, 2026, and each January 31 thereafter, every long-term care employer, excluding a consumer-directed care employer for which the department of health care policy and financing is required to file the return, that employed one or more direct care workers to make an information return to the executive director of the department of revenue for the preceding calendar year and requires the information return to be filed electronically. The act imposes a penalty of $500 on long-term care employers who fail to file the return on or before January 31, unless reasonable cause is shown. For the 2024-25 state fiscal year, $47,193 is appropriated from the general fund to the division of licensing and administration in the department of early childhood for the implementation of the act. APPROVED by Governor May 31, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Robert Rodriguez (D) Jeff Bridges (D) Emily Sirota (D) Lorena García (D)
signed · Colorado · House May 31, 2024

HB 24-1308: Effective Implementation of Affordable Housing Programs

The division of housing (division) within the department of local affairs must submit an annual public report on the funding of affordable housing preservation and production (public report). The act requires that the division include in the report specific information on uses of existing state and federal funds to provide best use of subsidies to maximize unit production and confirmation of rules and practices to ensure developments are not disqualified for funding support from the division if the development has previously received money from funds established by proposition 123. The act further requires the division to add to the public report information on applications for affordable housing programs that the division administers, including the number of applications approved, denied, and pending, the amount of money awarded from approved applications, and the amount of money applied for but not awarded from denied applications. The act also requires the division to add to the public report information regarding money in the housing development grant fund, including amounts in the fund and the use of the money in the preceding year, and information about the timing for drafting, delivering, and executing contracts that are required in connection with receiving money from the fund. The act also establishes procedures and timelines for the division to follow for affordable housing programs administered by the division. The act requires that the division accept applications once a quarter, with the cycle beginning at the start of a state fiscal year, and requires that the division review applications and issue any requests for additional information, forms, or questions to applicants within 10 calendar days of an application period closing. The division is required to publish the application schedule by May 1 for the upcoming cycle and update the schedule 60 days before the start of the next quarter; except that the division must publish the application schedule for the second half of the 2024-25 state fiscal year by November 1, 2024. If the division will not be accepting applications for any affordable housing program for an upcoming quarter, the division must publish notice of this with an explanation as to why applications won't be accepted for the program. The division must either issue final decisions on applications or submit applications to the board of housing for final decision within 45 days following the submission of completed applications. If applications are submitted to the state housing board, the state housing board must make a final decision on an application at its next regularly scheduled meeting. After a final decision approving an application, the division shall issue an award letter that includes information on the timeline for issuing money to the applicant, any terms for a loan or grant period, and any conditions that must be met before a contract in connection with the approval is executed. The division shall also provide a draft contract to the approved applicant within 30 days of the application being approved. Within 90 days of the division receiving a substantially complete post-award due diligence package from an approved applicant, the division shall execute any required contracts for the affordable housing program and send it to the approved applicant within 10 days of execution; except that the 90 day period pauses for the period from when an approved applicant receives a preliminary draft contract from the division until the division receives the executed contract from the approved applicant. The act also amends existing grant, loan, and other affordable housing programs administered by the division to require the application process to be followed for any applications submitted under these programs and requires any programs that have adopted policies, procedures, or guidelines for the application process to be amended if they are inconsistent with the application process established by the act. The act also modifies the "City Housing Law". The act expands the term "housing project" to include the provision of dwelling accommodations to persons without regard to income as long as the housing project substantially benefits persons of low income. The act clarifies that, in addition to the authority to construct a housing project, a city is authorized to acquire, own, or lease a housing project and that a city can manage, operate, and maintain, or contract for the management, operation, and maintenance of any housing project owned or leased by the city. The act adds an alternative option to the requirement that the city deliver possession of a housing project to a housing authority within the city's boundaries to instead allow the city to contract with a nonprofit or private entity to manage, maintain, and operate the housing project. The act also allows a community land trust or nonprofit affordable housing homeownership developer or its authorized agent that is applying for a property tax exemption with the division of property taxation to submit only one application and one annual report if the property that is the subject of the exemption application and report has been subdivided. However, the application and the report must be accompanied by payment not to exceed the aggregate amount of payments that would be required if individual applications or reports were filed for each parcel and once a subdivided parcel has been split into a separate taxable parcel from the improvements and is leased to the owner of the improvements, the developer or their designee must file an individual annual report for the subdivided parcel. APPROVED by Governor May 31, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Julie Gonzales (D) William Lindstedt (D) Lisa Frizell (R)
signed · Colorado · House May 31, 2024

HB 24-1311: Family Affordability Tax Credit

For income tax years commencing on and after January 1, 2024, but before January 1, 2034, the act creates a refundable, means-tested family affordability tax credit (credit) as follows: A taxpayer who files a single return is allowed a credit for each eligible child of the taxpayer who is 5 years of age or younger in a base amount of $3,200, adjusted for inflation and subject to reductions based on the taxpayer's income level and state economic conditions, and is allowed a credit for each eligible child of the taxpayer who is 6 years of age or older but less than 17 years of age in an amount that is 75% of the amount allowed for children 5 years of age or younger as adjusted and subject to reductions; and Two taxpayers who file a joint return are allowed a credit for each eligible child of the taxpayers who is 5 years of age or younger in a base amount of $3,200, adjusted for inflation and subject to reductions based on the taxpayers' income level and state economic conditions, and are allowed a credit for each eligible child of the taxpayers who is 6 years of age or older but less than 17 years of age in an amount that is 75% of the amount allowed for children 5 years of age or younger as adjusted and subject to reductions. For income tax years commencing on and after January 1, 2024, but before January 1, 2025, the act reduces the $3,200 amount of the credit for a taxpayer filing a single return by 6.875% for each $5000 by which the taxpayer's adjusted gross income exceeds $15,000, and reduces the $3,200 amount of the credit for two taxpayers filing a joint return by 6.875% for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. For income tax years commencing on and after January 1, 2025, but before January 1, 2026, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the 2025-2026 fiscal year is projected to be at a rate that is greater than or equal to 2%, then, for a taxpayer filing a single return, the act reduces the $3,200 amount of the credit by 6.875% for each $5,000 by which the taxpayer's adjusted gross income exceeds $15,000, and, for two taxpayers filing a joint return, reduces the $3,200 amount of the credit by 6.875% for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. If, for income tax years commencing on and after January 1, 2025, but before January 1, 2026, the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the 2025-2026 fiscal year is projected to be at a rate that is less than 2%, the credit is not allowed. For income tax years commencing on and after January 1, 2026, but before January 1, 2034, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the applicable fiscal year is projected to be at a rate that is greater than or equal to 3.75%, then, for a taxpayer filing a single return, the act reduces the $3,200 amount of the credit by 6.875% for each $5,000 by which the taxpayer's adjusted gross income exceeds $15,000, and, for two taxpayers filing a joint return, reduces the $3,200 amount of the credit by 6.875% for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. For income tax years commencing on and after January 1, 2026, but before January 1, 2034, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the applicable fiscal year is projected to be at a rate that is greater than or equal to 3.56% but less than 3.75%, then, for a taxpayer filing a single return, the act reduces the $3,200 amount of the credit by 9.06% for each $5,000 by which the taxpayer's adjusted gross income exceeds $15,000, and, for two taxpayers filing a joint return, reduces the $3,200 amount of the credit by 9.06% for 2 taxpayers filing a joint return for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. For income tax years commencing on and after January 1, 2026, but before January 1, 2034, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the applicable fiscal year is projected to be at a rate that is greater than or equal to 3.37% but less than 3.56%, then, for a taxpayer filing a single return, the act reduces the $3,200 amount of the credit by 13.59% for each $5,000 by which the taxpayer's adjusted gross income exceeds $15,000, and, for 2 taxpayers filing a joint return, reduces the $3,200 amount of the credit by 13.59% for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. For income tax years commencing on and after January 1, 2026, but before January 1, 2034, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the applicable fiscal year is projected to be at a rate that is greater than or equal to 3.18% but less than 3.37%, then the act reduces the amount of the credit to $2,600, adjusted for inflation, and, for a taxpayer filing a single return, reduces that amount by 19.23% for each $5,000 by which the taxpayer's adjusted gross income exceeds $15,000, and, for 2 taxpayers filing a joint return, reduces the $2,600 amount by 19.23% for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. For income tax years commencing on and after January 1, 2026, but before January 1, 2034, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the applicable fiscal year is projected to be at a rate that is greater than or equal to 3% but less than 3.18%, then the act reduces the amount of the credit to $1,650, adjusted for inflation, and, for a taxpayer filing a single return, reduces that amount by 30.30% for each $5,000 by which the taxpayer's adjusted gross income exceeds $15,000, and, for 2 taxpayers filing a joint return, reduces the $1,650 amount by 30.30% for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. For income tax years commencing on or after January 1, 2025, the department of revenue is required to adjust the federal adjusted gross income amounts set forth in the act to reflect inflation for each income tax year in which the credit is allowed if cumulative inflation since the last adjustment, when applied to the current limits, results in an increase of at least one thousand dollars when the adjusted limits are rounded to the nearest $1,000. For income tax years commencing on and after January 1, 2026, but before January 1, 2034, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the applicable fiscal year is projected to be at a rate that is less than 3%, the credit is not allowed. The credit is not considered to be income or resources for the purpose of determining eligibility for the payment of public assistance benefits and medical assistance benefits authorized under state law or for a payment made under any other publicly funded programs. The department of revenue is authorized and encouraged to develop a means of refunding the credit in 12 equal monthly refunds rather than annually. For the 2024-225 state fiscal year, $178,491 is appropriated from the general fund to the department of revenue for the implementation of the act. APPROVED by Governor May 31, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Jenny Willford (D) Chris Kennedy (D) Faith Winter (D) James Coleman (D)
signed · Colorado · House May 31, 2024

HB 24-1324: Attorney General Restrictive Employment Agreements

The act grants the attorney general rule-making authority over restrictive employment agreements. Current law allows an employer to recover the expense of educating and training a worker where the training is distinct from normal, on-the-job training. The act regulates the recoverable expense as other consumer debt and student debt. The act also adds the requirement that, for an employer to recover the expense, the training must comply with rules promulgated by the attorney general regarding the transferability of the training or credentialing that is available to the employee as a result of the training. APPROVED by Governor May 31, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Nick Hinrichsen (D) Larry Liston (R) Chad Clifford (D)
signed · Colorado · House May 31, 2024

HB 24-1410: Changes to Just Transition Office

The act relocates the just transition office (office) from the division of employment and training in the department of labor and employment to the office of the executive director of the department of labor and employment. The act changes the deadline for the office to expend money in the just transition cash fund (fund) from state fiscal year 2023-24 to state fiscal year 2029-30. The act modifies the types of programs that the office supports using money from the fund. APPROVED by Governor May 31, 2024 EFFECTIVE May 31, 2024(Note: This summary applies to this bill as enacted.)
Shannon Bird (D) Rick Taggart (R) Jeff Bridges (D) Rachel Zenzinger (D)
signed · Colorado · House May 30, 2024

HB 24-1458: Create Division of Animal Welfare in Department of Agriculture

The act creates the division of animal welfare (division) within the department of agriculture. The division is created to promote domestic animal welfare, including providing education and outreach, creating voluntary programs, and awarding grants. APPROVED by Governor May 30, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Dylan Roberts (D) Monica Duran (D) Ryan Armagost (R) Rachel Zenzinger (D)
signed · Colorado · Senate May 30, 2024

SB 24-008: Kinship Foster Care Homes

The act states that a court shall not delay permanency planning for a child or youth for purposes of maintaining financial support for a kinship foster care home or a non-certified kinship foster care home, unless there are exceptional circumstances as approved by the court. Prior to transferring temporary legal custody of a child or youth to a relative or kin, the court shall make findings that the relative or kin was advised regarding the differences between kinship foster care and non-certified kinship care, including, but not limited to, financial assistance, custody requirements, and long-term financial support options. The act allows the state department of human services (state department) to promulgate rules to modify the requirements for kinship foster care homes, including training topics for kinship foster care certification. Emergency financial assistance for a kinship foster care home is expanded to include goods needed for the child's basic care, including beds, clothing, and transportation costs, and limited rental or housing assistance not to exceed a 60-day subsidy. The act clarifies the definitions regarding foster care homes, kinship foster care homes (kinship home), and non-certified kinship foster care homes (non-certified kinship home). A kinship home is a home that has been certified by a county department of human or social services (county department) a child placement agency to provide 24-hour care for relatives or kin who are less than 21 years of age. A kinship home is eligible for the same foster care reimbursement, assistance, and other supports as foster care homes. "Kinship foster care home" does not include a non-certified kinship home. A non-certified kinship home means a relative or kin who has a significant relationship with the child or youth and who has either chosen not to pursue the certification process or who has not met the certification requirements for a kinship home. The act formally establishes the process by which a kinship home may apply for certification from a county department or child placement agency. A county department or child placement agency, upon the completion of the required background checks, may issue a one-time provisional certificate for a period of 6 months to an applicant at a specific location who is requesting provisional certification, if requested by the applicant. If the applicant completes the required background checks, the county department or child placement agency shall make payment beginning with the completion of the fingerprint background check. The county department or child placement agency shall complete the certification process within the timelines promulgated by rule of the state board of human services. The applicant has the right to appeal any denial of certification. The state department, a county department, or a child placement agency has the right to revoke a kinship home's certification for cause. Prior to issuing a certificate or subsequent certificate to an applicant to operate a kinship home, a county department or a child placement agency shall conduct a fingerprint-based criminal history record check (fingerprint check) through the Colorado bureau of investigation. The applicant shall pay, unless otherwise paid by a county department, the costs associated with the fingerprint check to the Colorado bureau of investigation. The county department or child placement agency to which the kinship home applied for certification shall extend the provisional certification by an additional 60 days if the applicant can demonstrate that the applicant did not cause the delay in completing all the requirements for certification. A kinship home may opt out of the provisional certification process and remain eligible for supports through sources other than foster care maintenance. Kinship foster care homes are eligible for financial reimbursement and supports at the same rate as foster care homes, as established in rules promulgated by the state board of human services. Non-certified kinship care homes are eligible for financial assistance and supports at 30% of the foster care rate, increasing to 50% beginning in the 2026-27 state fiscal year, based on the age of the child or youth receiving care. The state department shall reimburse the county departments 90% of the amounts expended by county departments for kinship foster care and non-certified kinship care daily rates to support financial assistance. The kinship foster care rate and non-certified kinship care rate are exempt from the state close-out process. The state department shall collaborate with the department of education, the department of public health and environment, and the department of health care policy and financing to develop an interagency resource. The state department shall prominently post the resource on the state department's website. The act directs the state department and the judicial department to collect data on the number of children who are placed with certified and non-certified kin through a dependency and neglect case, regardless of who has custody of the child or youth. The state department shall make the data available on its website on or before October 1, 2025. On or before October 1, 2025, the state department shall study and report to the general assembly the feasibility of using federal funds, including, but not limited to, federal IV-B, IV-E, or TANF funds, or other grant funding to provide or reimburse for the provision of brief legal services or legal representation of relative and kin caregivers. On or before August 1, 2025, and every August 1 thereafter until August 1, 2030, the state department shall submit a report to the joint budget committee on the implementation of non-certified kinship care homes, the impacts to the number of placements with kinship foster care homes, and the impacts to the number of placements with county departments in their ability to support providers. The state department shall submit data provided by county departments as a supplement to the report. The act makes conforming amendments to align statutory sections related to foster care homes with kinship homes. The act makes the following appropriations to the department of human services for the 2024-25 state fiscal year: $190,672 from the general fund for use by the administration and finance division; $5,516,580 from the Colorado long-term works reserve for use by the office of children, youth, and families for child welfare services; and $1,221,710 from local funds for use by the office of children, youth, and families for child welfare services. The act anticipates that the department of human services will receive $6,459,409 in federal funds to be used by the office of children, youth, and families for child welfare services. The act appropriates $55,748 to the department of public safety for the 2024-25 state fiscal year for use by the biometric identification and records unit. APPROVED by Governor May 30, 2024 EFFECTIVE September 1, 2024(Note: This summary applies to this bill as enacted.)
signed · Colorado · House May 30, 2024

HB 24-1107: Judicial Review of Local Land Use Decision

The act requires a court to award reasonable attorney fees to a prevailing governmental entity in an action for judicial review of a local land use decision involving residential use with a net project density of 5 dwelling units per acre or more, except for an action brought by the land use applicant before the governmental entity. Filing an action for judicial review of a local land use decision does not affect the validity of the local land use decision. The act authorizes a governmental entity and the public to rely on the local land use decision in good faith for all purposes until the action for judicial review is resolved. APPROVED by Governor May 30, 2024 EFFECTIVE May 30, 2024(Note: This summary applies to this bill as enacted.)
Shannon Bird (D) Jeff Bridges (D) Faith Winter (D) William Lindstedt (D)
signed · Colorado · House May 30, 2024

HB 24-1305: Changes for Concurrent Enrollment Students

The act expands the types of programs a pathways in technology early college high school (p-tech school) may focus on beyond science, technology, engineering, and mathematics. Under current law, the college opportunity fund program provides a stipend for eligible undergraduate students in Colorado. Generally, an eligible undergraduate student is ineligible to receive a stipend for more than 145 credit hours during the student's lifetime. The act makes an exception to this lifetime limitation for college-level credit hours earned while the eligible undergraduate student was enrolled in a concurrent enrollment program, the accelerating students through concurrent enrollment program, the teacher recruitment education and preparation program, or a p-tech school. APPROVED by Governor May 30, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
signed · Colorado · House May 30, 2024

HB 24-1051: Towing Carrier Regulation

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.)
Andy Boesenecker (D) Tisha Mauro (D) Julie Gonzales (D) Kevin Priola (D)
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