Colorado Politics

Interim transportation panel greenlights proposal to overhaul Colorado’s towing industry

The towing industry could be in for a major shakeup in Colorado, and it’s one some in the industry appear to favor.

The legislature’s interim transportation legislative review committee whittled down their list of 10 possible bills to five on Tuesday. Those five now go to the legislative council committee for a final OK before heading to the General Assembly in the 2024 session.

Rep. Andrew Boesenecker, D-Fort Collins, plans to be the prime sponsor on legislation to overhaul the financial incentives for the towing industry, which would shift who pays for tows. 

It’s currently the responsibility of the vehicle owner to pay for towing charges, which can run into the hundreds of dollars.

Under the bill, that financial responsibility would shift to a property manager or property owner. Boesenecker explained Tuesday that requiring property owners to pay for the tow would disincentive the industry’s bad actors from patrolling parking lots and towing any vehicle they can because they know they can.

“The property owner will exhibit far greater discretion on when to tow,” Boesenecker told the committee. 

Boesenecker acknowledged the contributions of the Towing & Recovery Professionals of Colorado, the industry group, which worked with him on the idea. 

The bill will also require more information be provided to consumers on an affordability program passed into law last year. Boesenecker said testimony presented earlier this summer showed there were still challenges with that program because towing companies are not giving consumers the access they need to that program, which allows a driver to set up a payment plan for paying off towing charges.

“It’s difficult unless you’re a state senator,” Boesenecker said, referring to the problems state Sen. Julie Gonzales ran into in August with a tow where the charges were later refunded.

Finally, the legislation works on the background check process for towing drivers, part of the feedback provided by the Public Utilities Commission. In the case of a nonconsensual tow, the towing operator is required to return the vehicle to the spot of the tow within 48 hours.

The committee has the ability to sponsor up to five bills in the 2024 session.

The committee will advocate for several other pieces of legislation. 

A bill suggested by Sen. Lisa Cutter, D-Littleton, would create a “vulnerable road user enterprise” that would assess a fee on large vehicles in the state’s 12 most populous counties. The bill would not apply to commercial vehicles, according to Cutter. The funding would be used to fund pedestrian safety infrastructure, such as sidewalks and protected bike lanes, in those 12 counties.

Committee Chair Rep. Meg Froelich, D-Englewood, will offer a bill to update standards around child safety seats for motor vehicles.

Froelich said the bill would have two components. The first would require any child under the age of two to be in a rear-facing car seat. The second would require any child under the age of 13 to sit in the vehicle’s back seat, a standard that Froelich said has been adopted in 23 states.

While Froelich and co-sponsor Sen. Faith Winter, D-Westminster, support grant funding to pay for child seats and booster seats, the prospect of penalties for drivers who don’t follow the law drew objections from Rep. Javier Mabrey. The Denver Democrat said the law would punish adults who can’t afford car seats, a concern for low-income families.

Mabrey intends to sponsor a bill on railroad safety, which he said is tied to concerns on how the Feb. 2023 rail disaster in East Palestine, Ohio was handled. He indicated it would be better for the state to set up a process for dealing with those kinds of accidents, given that Congressional action could be years away.

The committee’s final bill is from Sen. Kevin Priola, D-Henderson, on tax credits tied to transit passes.

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Photo by Jelson25 via Wikimedia Commons
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