NOTE: The governor signed this measure on 5/28/2013.
      
      
      HOUSE BILL 13-1262
      
      
      BY REPRESENTATIVE(S) Young, DelGrosso, Nordberg, Williams,
      Exum, Labuda, Priola, Rankin, Schafer;
      also SENATOR(S) Baumgardner, Cadman, Jahn, Tochtrop.
      
      
      Concerning secondary agencies under the "Fraudulent Claims
           and Arson Reporting Act".
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 10-4-1002, add (6) as
      follows:
      
           10-4-1002.  Definitions. As used in this part 10, unless the context
      otherwise requires:
      
           (6)  "Secondary agency" means any for-profit or nonprofit
      organization funded directly or indirectly by insurers that
      engages in the gathering and dissemination of information
      concerning insurance fraud and that has an established process
      in place to affirmatively forward information to an authorized
      agency for further investigation and prosecution. The
      commissioner, by rule, shall designate which organizations are
      secondary agencies.
      
           SECTION 2.  In Colorado Revised Statutes, 10-4-1003, amend (1)
      (a), (1) (c) introductory portion, (4), (5), and (6) as follows:
      
           10-4-1003.  Disclosure of information. (1) (a)  When any person or
      insurer has reason to believe that a fire loss may have been caused by other
      than accidental means or that any insurance claim may be fraudulent, then
      such person may, and such insurer shall, notify an authorized agency or a
      secondary agency.
      
           (c)  No insurer, or authorized agency, or secondary agency shall
      intentionally refuse to release any relevant information concerning a
      possible nonaccidental fire loss or fraudulent insurance act, upon request,
      to:
      
           (4)  Any authorized agency or secondary agency provided with
      relevant information or evidence pursuant to subsection (1) or (2) of this
      section may release such information to any other authorized agency,
      insurer, or secondary agency.
      
           (5)  Any insurer providing information to an authorized or
      secondary agency or agencies pursuant to subsection (1) or (2) of this
      section may, in writing, request such agency to release to such insurer
      specific, relevant information or evidence relating to the fire loss or other
      claim under investigation. Such agency may, in its sole discretion, and with
      such restrictions as such agency deems appropriate, release such
      information to such insurer.
      
           (6)  Any authorized agency or secondary agency receiving a
      notice or other information pursuant to this part 10 may release such notice
      or other information to other law enforcement agencies authorized
      agencies, insurers, or secondary agencies.
      
           SECTION 3.  In Colorado Revised Statutes, 10-4-1004, amend (1)
      as follows:
      
           10-4-1004.  Evidence - confidential. (1)  Any authorized agency,
      secondary agency, or insurer which receives any information furnished
      pursuant to this part 10 shall hold the information in confidence except as
      provided in section 10-4-1003 (4) or until such time as its release is required
      pursuant to a civil or criminal proceeding.
      
           SECTION 4.  Act subject to petition - effective date. 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
      7, 2013, if adjournment sine die is on May 8, 2013); 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.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO