NOTE: The governor signed this measure on 4/4/2013.
      
      
      HOUSE BILL 13-1159
      
      
      BY REPRESENTATIVE(S) Rosenthal, Holbert, Williams, McNulty,
      DelGrosso, Kraft-Tharp, Melton, Moreno, Ryden, Singer, Szabo, Young,
      Exum, Fields, Hullinghorst, Labuda, Lawrence, Murray, Pettersen, Priola,
      Saine, Salazar, Schafer, Stephens, Tyler;
      also SENATOR(S) Tochtrop and Balmer, Todd, Jahn, Heath, Guzman,
      Kerr, Newell.
      
      
      Concerning the use of an electronic device to present evidence of
           automobile insurance.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 42-4-1409, amend (3);
      and add (8.5) as follows:
      
           42-4-1409.  Compulsory insurance - penalty - legislative intent.
      (3) (a)  When an accident occurs, or when requested to do so following any
      lawful traffic contact or during any traffic investigation by a peace officer,
      no an owner or operator of a motor vehicle or low-power scooter shall fail
      to present to the requesting officer immediate evidence of a complying
      policy or certificate of self-insurance in full force and effect as required by
      law.
      
           (b)  As used in this section, "evidence of a complying policy
      or certificate of self-insurance in full force and effect" includes
      the presentation of such a policy or certificate upon a cell phone
      or other electronic device.
      
           (8.5)  If an operator of a motor vehicle or low-power
      scooter uses a cell phone or other electronic device to present
      evidence of a complying policy or certificate of self-insurance in
      full force and effect, as described in paragraph (b) of subsection
      (3) of this section:
      
           (a)  The law enforcement officer to whom the operator
      presents the device shall not explore the contents of the cell
      phone or other electronic device other than to examine the
      operator's policy or certificate of self-insurance; and
      
           (b)  The law enforcement officer to whom the operator
      presents the device, and any law enforcement agency that
      employs the officer, are immune from any civil damages resulting
      from the officer dropping or otherwise unintentionally damaging
      the cell phone or other electronic device.
      
           SECTION 2.  In Colorado Revised Statutes, 10-4-604.5, amend (1)
      as follows:
      
           10-4-604.5.  Issuance or renewal of insurance policies - proof of
      insurance provided by certificate, card, or other media. (1)  In addition
      to any other requirement, if an insurer issues or renews a policy of
      insurance, the insurer shall provide the insured a proof of insurance
      certificate or insurance identification card to accompany the insured's
      registration application or renewal card or provide proof of insurance in
      such other media as is authorized by the department under section 42-3-105
      (1) (d), C.R.S. The insurance identification card may be provided in
      either paper or electronic format. Acceptable electronic formats
      include display of electronic images on a cellular phone or any
      other type of portable electronic device.
      
           SECTION 3.  In Colorado Revised Statutes, 42-7-103, amend (6.5)
      (a) as follows:
      
           42-7-103.  Definitions. As used in this article, unless the context
      otherwise requires:
      
           (6.5) (a)  "Evidence of insurance" means proof given by the insured
      in person to the department that the insured has a complying policy in full
      force and effect. Proof may be made through presentation of a copy of such
      complying policy or a card issued to the insured as evidence that a
      complying policy is in full force and effect. A card issued to the insured
      as evidence that a complying policy is in full force and effect may
      be produced in either paper or electronic format. Acceptable
      electronic formats include display of electronic images on a
      cellular phone or any other type of portable electronic device.
      
           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