HOUSE
                       3rd Reading Unamended
       March 26, 2014          HOUSE
       Amended 2nd Reading
                      March 25, 2014Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 14-0675.01 Jerry Barry x4341    HOUSE BILL 14-1187
                    HOUSE SPONSORSHIP
 Swalm,  Gardner, Waller, Pettersen, McLachlan, Vigil
 
                   SENATE SPONSORSHIP
 Todd, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Business, Labor, Economic, & Workforce Development
 
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning consumer protection from excess damages for
            repair of rental vehicles.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill limits the damages that a vehicle rental company can
       recover from an authorized driver to amounts reasonably related to the
       loss incurred by the rental company.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, add 13-21-128 as
       follows:
            13-21-128.  Civil damages related to rental motor vehicles. Any
       claim resulting from damage to or loss of a rental motor
       vehicle, as defined in section 6-1-201, C.R.S., must be reasonably
       and rationally related to the actual loss incurred. A rental
       company shall mitigate damages where possible and shall not
       assert or collect any claim for physical damage that exceeds
       the lesser of the actual cost of the repair, including all
       discounts or price reductions, or the actual cash value of the
       vehicle immediately before the loss, less any proceeds from the
       vehicle's disposal after the loss. For purposes of this section,
       "physical damage" does not include any diminishment in value
       which may result solely from the fact of the vehicle having
       been in an accident. A rental company's administrative fee is
       limited to the reasonable administrative costs, not to exceed
       one hundred dollars, associated with processing the damage
       claim. A claim made for loss of use may not exceed the daily
       rental rate stated in the rental agreement, excluding optional
       charges, multiplied by the number of hours estimated to repair
       the vehicle, divided by six. A rental company shall not make a
       claim for loss of use if the rental motor vehicle is not repaired.
            SECTION 2.  Act subject to petition - effective date -
       applicability. (1)  This act takes effect at 12:01 a.m. on the day following
       the expiration of the ninety-day period after final adjournment of the
       general assembly (August 6, 2014, if adjournment sine die is on May 7,
       2014); except that, if a referendum petition is filed pursuant to section 1
       (3) of article V of the state constitution against this act or an item, section,
       or part of this act within such period, then the act, item, section, or part
       will not take effect unless approved by the people at the general election
       to be held in November 2014 and, in such case, will take effect on the
       date of the official declaration of the vote thereon by the governor.
            (2)  This act applies to causes of action accruing on or after the
       applicable effective date of this act.