HOUSE BILL 971209
BY REPRESENTATIVES Anderson, Hagedorn, June, Swenson, Tucker, Allen, Entz, Gotlieb, Mace, Schwarz, and Swenson;
also SENATORS Lacy, Ament, Hernandez, and Mutzebaugh.
CONCERNING THE MOTORIST INSURANCE IDENTIFICATION
DATABASE PROGRAM, AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Part
6 of article 4 of title 10, Colorado Revised Statutes, 1994 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
104615. Motorist insurance
identification database program reporting required
fine. (1) BEFORE THE SEVENTH
WORKING DAY OF EACH CALENDAR MONTH, EACH INSURER THAT ISSUES A
POLICY PURSUANT TO THIS PART 6 OR PART 7 OF THIS ARTICLE SHALL
PROVIDE TO THE DESIGNATED AGENT SELECTED IN ACCORDANCE WITH SECTION
427604 (4), C.R.S., A RECORD OF EACH POLICY ISSUED
DURING THE IMMEDIATELY PRECEDING MONTH. SUCH RECORD SHALL COMPLY
WITH THE REQUIREMENTS OF SUBSECTIONS (2) AND (3) OF THIS SECTION,
EXCEPT AS MAY OTHERWISE BE PROVIDED FOR COMMERCIAL LINES OF INSURANCE
IN RULES ADOPTED BY THE DEPARTMENT. THIS SUBSECTION (1) SHALL
NOT BE CONSTRUED TO PROHIBIT MORE FREQUENT REPORTING.
(2) THE RECORD DESCRIBED IN SUBSECTION
(1) OF THIS SECTION SHALL INCLUDE:
(a) THE NAME, DATE OF BIRTH, DRIVER'S
LICENSE NUMBER, AND ADDRESS OF EACH NAMED INSURED OWNER OR OPERATOR;
(b) THE MAKE, YEAR, AND VEHICLE IDENTIFICATION
NUMBER OF EACH INSURED MOTOR VEHICLE; AND
(c) THE POLICY NUMBER, EFFECTIVE DATE,
AND EXPIRATION DATE OF EACH POLICY.
(3) EACH INSURER SHALL PROVIDE THE REQUIRED
INFORMATION IN A FORM OR MANNER ACCEPTABLE TO THE DESIGNATED AGENT.
(4) (a) THE MOTOR VEHICLE DIVISION
IN THE DEPARTMENT OF REVENUE SHALL ASSESS A FINE OF NOT MORE THAN
TWO HUNDRED FIFTY DOLLARS AGAINST AN INSURER FOR EACH DAY SUCH
INSURER FAILS TO COMPLY WITH THIS SECTION.
(b) THE COMMISSIONER SHALL EXCUSE THE
FINE IF AN INSURER PROVIDES PROOF THAT ITS FAILURE TO COMPLY WAS
INADVERTENT, ACCIDENTAL, OR THE RESULT OF EXCUSABLE NEGLECT.
(5) THIS SECTION IS EFFECTIVE THIRTY DAYS
AFTER NOTIFICATION IS GIVEN BY THE DESIGNATED AGENT, BUT NOT LATER
THAN JANUARY 1, 1998.
(6) THIS SECTION IS REPEALED, EFFECTIVE
JULY 1, 2001, UNLESS THE REVIEW CONDUCTED BY THE DEPARTMENT OF
REGULATORY AGENCIES PURSUANT TO SECTION 427608, C.R.S.,
AND REPORTED TO THE GENERAL ASSEMBLY INDICATES THAT THE NUMBER
OF UNINSURED MOTORIST CLAIMS REPORTED BY INSURERS DECLINED BETWEEN
JULY 1, 1997, AND THE DATE OF THE DEPARTMENT'S REVIEW.
SECTION 2. 423134
(1), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended, and the said 423134 is further amended BY
THE ADDITION OF A NEW SUBSECTION, to read:
423134. Registration fees
passenger and passengermile taxes.
(1) (a) For the purposes
of this section, "declared gross vehicle weight" means
the maximum combined weight of the vehicle and its cargo when
operated on the public highways of this state. Such weight shall
be declared by the vehicle owner at the time the vehicle is registered.
Accurate records shall be kept of all miles operated by each vehicle
over the public highways of this state by the owner of each vehicle.
NOT LATER THAN SEPTEMBER 1, 1997, IN ADDITION TO OTHER FEES SPECIFIED
IN THIS SECTION, AN APPLICANT SHALL PAY A MOTORIST INSURANCE IDENTIFICATION
FEE OF ONE DOLLAR WHEN APPLICATION IS MADE FOR REGISTRATION OR
RENEWAL OF REGISTRATION OF A MOTOR VEHICLE UNDER THIS ARTICLE.
(b) THE FOLLOWING VEHICLES ARE EXEMPT
FROM THE MOTORIST INSURANCE IDENTIFICATION FEE:
(I) VEHICLES THAT ARE EXEMPT FROM REGISTRATION
FEES UNDER THIS SECTION OR ARE OWNED BY PERSONS WHO HAVE QUALIFIED
AS SELFINSURED PURSUANT TO SECTION 104716, C.R.S.;
(II) TRUCKS AND TRUCK TRACTORS THAT ARE
OWNED BY A FARMER OR RANCHER AND WHOSE ONLY COMMERCIAL USES ARE:
(A) TRANSPORTING TO MARKET OR PLACE OF
STORAGE RAW AGRICULTURAL PRODUCTS ACTUALLY PRODUCED OR LIVESTOCK
ACTUALLY RAISED BY SUCH FARMER OR RANCHER; OR
(B) TRANSPORTING COMMODITIES AND LIVESTOCK
PURCHASED BY SUCH FARMER OR RANCHER FOR USE BY THE FARMER OR RANCHER
IN FARMING OR RANCHING OPERATIONS.
(c) THIS SUBSECTION (1) IS REPEALED, EFFECTIVE
JULY 1, 2001, UNLESS THE REVIEW CONDUCTED BY THE DEPARTMENT OF
REGULATORY AGENCIES PURSUANT TO SECTION 427608 AND
REPORTED TO THE GENERAL ASSEMBLY INDICATES THAT THE NUMBER OF
UNINSURED MOTORIST CLAIMS REPORTED BY INSURERS DECLINED BETWEEN
JULY 1, 1997, AND THE DATE OF THE DEPARTMENT'S REVIEW.
(1.5) NOT LATER THAN SEPTEMBER 1, 1997,
FOR THE PURPOSES OF THIS SECTION, "DECLARED GROSS VEHICLE
WEIGHT" MEANS THE COMBINED WEIGHT OF THE VEHICLE AND ITS
CARGO WHEN OPERATED ON THE PUBLIC HIGHWAYS OF THIS STATE. SUCH
WEIGHT SHALL BE DECLARED BY THE VEHICLE OWNER AT THE TIME THE
VEHICLE IS REGISTERED. ACCURATE RECORDS SHALL BE KEPT OF ALL MILES
OPERATED BY EACH VEHICLE OVER THE PUBLIC HIGHWAYS OF THIS STATE
BY THE OWNER OF EACH VEHICLE.
SECTION 3. 423134
(26), Colorado Revised Statutes, 1993 Repl. Vol., as amended,
is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
423134. Registration fees
passenger and passengermile taxes.
(26) (d) (I) EFFECTIVE SEPTEMBER 1, 1997,
IN ADDITION TO ANY OTHER FEE IMPOSED BY THIS SECTION, THERE SHALL
BE COLLECTED, AT THE TIME OF REGISTRATION OF ANY MOTOR VEHICLE
IN THE STATE, A MOTORIST INSURANCE IDENTIFICATION FEE. SUCH FEE
SHALL BE ADJUSTED ANNUALLY BY THE DEPARTMENT OF REVENUE, BASED
UPON MONEYS APPROPRIATED BY THE GENERAL ASSEMBLY FOR THE OPERATION
OF THE MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM. IN
NO EVENT SHALL SUCH FEE EXCEED ONE DOLLAR. SUCH FEE SHALL BE TRANSMITTED
TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO A SPECIAL
ACCOUNT WITHIN THE HIGHWAY USERS TAX FUND, TO BE KNOWN AS THE
MOTORIST INSURANCE IDENTIFICATION ACCOUNT, WHICH IS HEREBY CREATED.
MONEYS IN THE MOTORIST INSURANCE IDENTIFICATION ACCOUNT SHALL
BE USED, SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY, TO
COVER THE COSTS OF ADMINISTRATION AND ENFORCEMENT OF THE MOTORIST
INSURANCE IDENTIFICATION DATABASE PROGRAM, CREATED IN SECTION
427604.
(II) THIS PARAGRAPH (d) IS REPEALED, EFFECTIVE
JULY 1, 2001, UNLESS THE REVIEW CONDUCTED BY THE DEPARTMENT OF
REGULATORY AGENCIES PURSUANT TO SECTION 427608 AND
REPORTED TO THE GENERAL ASSEMBLY INDICATES THAT THE NUMBER OF
UNINSURED MOTORIST CLAIMS REPORTED BY INSURERS DECLINED BETWEEN
JULY 1, 1997, AND THE DATE OF THE DEPARTMENT'S REVIEW.
SECTION 4. Part
3 of article 7 of title 42, Colorado Revised Statutes, 1993 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
427301.5. Proof of financial
responsibility. (1) ANY PERSON
WHO PRESENTS AN ALTERED OR COUNTERFEIT LETTER OR ALTERED OR COUNTERFEIT
INSURANCE IDENTIFICATION CARD FROM AN INSURER OR AGENT FOR THE
PURPOSE OF PROVING FINANCIAL RESPONSIBILITY FOR PURPOSES OF THIS
ARTICLE SHALL BE IN VIOLATION OF THIS SECTION AND SHALL BE PUNISHED
BY A FINE OF FIVE HUNDRED DOLLARS. IF SUCH PRESENTATION IS SAID
PERSON'S SECOND OR SUBSEQUENT OFFENSE THE FINE SHALL BE ONE THOUSAND
DOLLARS AND SAID PERSON'S UNINSURED MOTOR VEHICLE SHALL BE SEIZED.
(2) ANY PERSON WHO ALTERS OR CREATES A COUNTERFEIT LETTER OR INSURANCE IDENTIFICATION CARD FOR ANOTHER SHALL BE PUNISHED BY A FINE OF FIVE HUNDRED DOLLARS. IF SUCH ALTERATION OR CREATION IS SAID PERSON'S SECOND OR SUBSEQUENT OFFENSE, THE FINE SHALL BE ONE THOUSAND DOLLARS.
(3) IT SHALL BE AN AFFIRMATIVE DEFENSE
THAT THE PERSON DID NOT KNOW OR COULD NOT HAVE KNOWN THAT THE
PRESENTED DOCUMENT WAS ALTERED OR COUNTERFEIT.
(4) THIS SECTION IS REPEALED, EFFECTIVE
JULY 1, 2001, UNLESS THE REVIEW CONDUCTED BY THE DEPARTMENT OF
REGULATORY AGENCIES PURSUANT TO SECTION 427608 AND
REPORTED TO THE GENERAL ASSEMBLY INDICATES THAT THE NUMBER OF
UNINSURED MOTORIST CLAIMS REPORTED BY INSURERS DECLINED BETWEEN
JULY 1, 1997, AND THE DATE OF THE DEPARTMENT'S REVIEW.
SECTION 5. 427601,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
to read:
427601. Short title. (1) This
part 6 shall be known and may be cited as the "Uninsured
Motorist INSURANCE Identification Database Program Act".
(2) EFFECTIVE JULY 1, 2001, THIS PART
6 SHALL BE KNOWN AND MAY BE CITED AS THE "MOTORIST IDENTIFICATION
DATABASE PROGRAM ACT" UNLESS THE REVIEW CONDUCTED BY THE
DEPARTMENT OF REGULATORY AGENCIES PURSUANT TO SECTION 427608
AND REPORTED TO THE GENERAL ASSEMBLY INDICATES THAT THE NUMBER
OF UNINSURED MOTORIST CLAIMS REPORTED BY INSURERS DECLINED BETWEEN
JULY 1, 1997, AND THE DATE OF THE DEPARTMENT'S REVIEW.
SECTION 6. Part
6 of article 7 of title 42, Colorado Revised Statutes, 1993 Repl.
Vol., as amended, is amended BY THE ADDITION OF THE FOLLOWING
NEW SECTIONS to read:
427603. Definitions.
AS USED IN THIS PART 6, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "DATABASE" MEANS THE MOTORIST
INSURANCE IDENTIFICATION DATABASE, DESCRIBED IN SECTION 427604
(5).
(2) "DEPARTMENT" MEANS THE DEPARTMENT
OF REVENUE.
(3) "DESIGNATED AGENT" MEANS
THE PARTY WITH WHICH THE DIVISION CONTRACTS UNDER SECTION 427604.
(4) "DIVISION" MEANS THE MOTOR VEHICLE DIVISION IN THE DEPARTMENT OF REVENUE, CREATED IN SECTION 241117, C.R.S.
(5) "PROGRAM" MEANS THE MOTORIST
INSURANCE IDENTIFICATION DATABASE PROGRAM, CREATED IN SECTION
427604.
427604. Motorist insurance
identification database program created administration
selection of designated agent legislative declaration.
(1) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES,
AND DECLARES THAT THE PURPOSE OF THIS SECTION IS TO HELP REDUCE
THE UNINSURED MOTORIST POPULATION IN THIS STATE AND MEASURE THE
EFFECTIVENESS OF THE MOTORIST INSURANCE IDENTIFICATION DATABASE
CREATED HEREIN.
(2) THE GENERAL ASSEMBLY FURTHER RECOGNIZES
THAT THE INFORMATION AND DATA REQUIRED TO BE DISCLOSED BY INSURERS
IN CREATING AND MAINTAINING THE MOTORIST INSURANCE IDENTIFICATION
DATABASE IS PROPRIETARY IN NATURE. ACCORDINGLY, THE PARTIES HANDLING
SUCH INFORMATION AND DATA SHALL AT ALL TIMES MAINTAIN THEIR CONFIDENTIAL
AND PROPRIETARY NATURE.
(3) THE MOTORIST INSURANCE IDENTIFICATION
DATABASE PROGRAM IS HEREBY CREATED FOR THE PURPOSE OF ESTABLISHING
A DATABASE TO USE WHEN VERIFYING COMPLIANCE WITH THE MOTOR VEHICLE
SECURITY REQUIREMENTS IN THIS ARTICLE. THE PROGRAM SHALL BE ADMINISTERED
BY THE DIVISION.
(4) (a) NOT LATER THAN JANUARY 1,
1998, THE DIVISION SHALL CONTRACT WITH A DESIGNATED AGENT, WHICH
SHALL MONITOR COMPLIANCE WITH THE FINANCIAL SECURITY REQUIREMENTS
OF THIS ARTICLE; EXCEPT THAT THE DIVISION SHALL NOT ENTER INTO
ANY CONTRACT UNDER THIS SUBSECTION (4) UNLESS AT LEAST TWO ENTITIES
BID ON SAID CONTRACT.
(b) AFTER A CONTRACT HAS BEEN ENTERED
INTO WITH A DESIGNATED AGENT, THE DEPARTMENT SHALL CONVENE A WORKING
GROUP FOR THE PURPOSE OF FACILITATING THE IMPLEMENTATION OF THE
PROGRAM. THE WORKING GROUP SHALL CONSIST OF REPRESENTATIVES OF
THE INSURANCE INDUSTRY, THE DIVISION OF INSURANCE, THE DEPARTMENT
OF PUBLIC SAFETY, THE DIVISION, AND THE DEPARTMENT.
(5) (a) NOT LATER THAN JANUARY 1,
1999, THE DESIGNATED AGENT, USING ITS OWN COMPUTER NETWORK, SHALL
DEVELOP AND MAINTAIN A COMPUTER DATABASE WITH INFORMATION PROVIDED
BY:
(I) INSURERS, PURSUANT TO SECTION 104615,
C.R.S.; EXCEPT THAT ANY PERSON WHO QUALIFIES AS SELFINSURED
PURSUANT TO SECTION 104716, C.R.S., SHALL NOT BE REQUIRED
TO PROVIDE INFORMATION TO THE DESIGNATED AGENT; AND
(II) THE DIVISION, WHICH SHALL PROVIDE
THE DESIGNATED AGENT WITH THE NAME, DATE OF BIRTH, ADDRESS, AND
DRIVER'S LICENSE NUMBER OF ALL PERSONS IN ITS COMPUTER DATABASE,
AND THE MAKE, YEAR, AND VEHICLE IDENTIFICATION NUMBER OF ALL REGISTERED
VEHICLES.
(b) THE DIVISION SHALL ESTABLISH GUIDELINES
FOR THE DEVELOPMENT AND MAINTENANCE OF A DATABASE SO THAT SAID
DATABASE CAN EASILY BE ACCESSED BY STATE AND LOCAL LAW ENFORCEMENT
AGENCIES. SUCH ACCESS SHALL BE WITHIN PROCEDURES ALREADY ESTABLISHED
AND SHALL NOT REQUIRE ADDITIONAL COMPUTER KEYSTROKES BY DISPATCH
OR LAW ENFORCEMENT PERSONNEL OR ANY OTHER ADDITIONAL PROCEDURES.
(6) NOT LATER THAN JANUARY 1, 1999, THE
DESIGNATED AGENT SHALL, AT LEAST MONTHLY:
(a) UPDATE THE DATABASE WITH INFORMATION
PROVIDED BY INSURERS IN ACCORDANCE WITH SECTION 104615,
C.R.S.;
(b) COMPARE THENCURRENT MOTOR VEHICLE
REGISTRATIONS AGAINST THE DATABASE.
(6.5) ALL INSURERS ACTIVELY WRITING AUTOMOBILE
INSURANCE WILL REPORT THEIR POLICYHOLDER AND UNINSURED MOTORIST
CLAIM NUMBERS TO THE COMMISSIONER IN A MANNER PRESCRIBED BY THE
COMMISSIONER, STARTING WITH DATA FOR THE TWELVEMONTH PERIOD
IMMEDIATELY PRECEDING JULY 1, 1997.
(7) THE DIVISION OF INSURANCE IN THE DEPARTMENT
OF REGULATORY AGENCIES SHALL CONTRACT WITH A COMPANY THAT GATHERS
STATISTICAL INFORMATION CONCERNING PERSONAL LINES OF PROPERTY
AND CASUALTY INSURANCE. SAID COMPANY SHALL BE PAID FROM THE MOTORIST
INSURANCE IDENTIFICATION ACCOUNT WITHIN THE HIGHWAY USERS TAX
FUND, AND SHALL REPORT THE FREQUENCY OF UNINSURED MOTORIST CLAIMS
TO THE DIVISION OF INSURANCE ON A REGULAR BASIS. SUCH REPORT SHALL
INCLUDE A COMPARISON OF THE NUMBER OF UNINSURED MOTORIST CLAIMS
WITH THE AVERAGE NUMBER OF SUCH CLAIMS REPORTED FOR THE TWELVEMONTH
PERIOD IMMEDIATELY PRECEDING JULY 1, 1997. THE DIVISION SHALL
TRANSMIT SUCH INFORMATION TO THE GENERAL ASSEMBLY NO LATER THAN
JANUARY 1, 1999, AND EACH JANUARY 1 THEREAFTER.
(8) THE DEPARTMENT, IN COOPERATION WITH
THE DIVISION, SHALL PROMULGATE RULES AND DEVELOP PROCEDURES FOR
ADMINISTERING AND ENFORCING THIS PART 6. SUCH RULES SHALL SPECIFY
THE REPORTING REQUIREMENTS THAT ARE NECESSARY AND APPROPRIATE
FOR COMMERCIAL LINES OF INSURANCE AND SHALL BE DEVELOPED WITH
INPUT BY INSURERS AND THE DESIGNATED AGENT.
427605. Notice of lack
of financial responsibility. (1) IF
THE COMPARISON MADE PURSUANT TO SECTION 427604 (6)
(b) SHOWS THAT A MOTOR VEHICLE HAS NOT BEEN INSURED FOR THREE
CONSECUTIVE MONTHS, THE DIVISION SHALL DIRECT THE DESIGNATED AGENT
TO NOTIFY THE OWNER OF THE MOTOR VEHICLE THAT SAID OWNER HAS FORTYFIVE
DAYS TO PROVIDE THE DESIGNATED AGENT WITH ONE OF THE FOLLOWING,
OR SAID OWNER'S LICENSE PLATES WILL BE SUBJECT TO IMMEDIATE SEIZURE
AFTER THE EXPIRATION OF SAID FORTYFIVE DAY PERIOD:
(a) PROOF OF COMPLYING COVERAGE IN ACCORDANCE
WITH SECTION 104705, C.R.S., OR OF SELFINSURANCE
IN ACCORDANCE WITH SECTION 104716, C.R.S.; OR
(b) PROOF OF EXEMPTION FROM THE FINANCIAL
SECURITY REQUIREMENTS.
(2) ANY PERSON WHO STEALS A LICENSE PLATE SHALL BE IN VIOLATION OF SECTION 425104 (2) (a).
(3) A LETTER FROM AN INSURER OR AGENT
VERIFYING THAT THE PERSON HAD THE REQUIRED MOTOR VEHICLE INSURANCE
COVERAGE ON THE DATE SPECIFIED SHALL BE CONSIDERED PROOF OF FINANCIAL
RESPONSIBILITY FOR PURPOSES OF THIS SECTION. SUCH LETTER MAY BE
MAILED TO THE DIVISION.
(4) THE PROVISIONS OF THIS SECTION SHALL
TAKE EFFECT NOT LATER THAN JANUARY 1, 1999.
427606. Disclosure of insurance
information penalty. (1) INFORMATION
PROVIDED TO THE DESIGNATED AGENT BY INSURERS AND THE DIVISION
FOR INCLUSION IN THE DATABASE ESTABLISHED PURSUANT TO SECTION
427604 IS THE PROPERTY OF THE INSURER OR THE DIVISION,
AS THE CASE MAY BE, AND MAY NOT BE DISCLOSED EXCEPT AS FOLLOWS:
(a) THE DESIGNATED AGENT SHALL VERIFY
A PERSON'S INSURANCE COVERAGE UPON REQUEST BY ANY STATE OR LOCAL
GOVERNMENT AGENCY INVESTIGATING, LITIGATING, OR ENFORCING SUCH
PERSON'S COMPLIANCE WITH THE FINANCIAL SECURITY REQUIREMENTS.
(b) THE DIVISION SHALL DISCLOSE WHETHER
AN INDIVIDUAL HAS THE REQUIRED INSURANCE COVERAGE UPON REQUEST
BY THE FOLLOWING INDIVIDUALS AND AGENCIES ONLY:
(I) THE INDIVIDUAL;
(II) THE PARENT OR LEGAL GUARDIAN OF THE
INDIVIDUAL IF THE INDIVIDUAL IS AN UNEMANCIPATED MINOR;
(III) THE LEGAL GUARDIAN OF THE INDIVIDUAL
IF THE INDIVIDUAL IS LEGALLY INCAPACITATED;
(IV) ANY PERSON WHO HAS POWER OF ATTORNEY
FROM THE INDIVIDUAL;
(V) ANY PERSON WHO SUBMITS A NOTARIZED
RELEASE FROM THE INDIVIDUAL THAT IS DATED NO MORE THAN NINETY
DAYS BEFORE THE DATE THE REQUEST IS MADE;
(VI) ANY PERSON SUFFERING LOSS OR INJURY
IN A MOTOR VEHICLE ACCIDENT IN WHICH THE INDIVIDUAL IS INVOLVED,
BUT ONLY AS PART OF AN ACCIDENT REPORT AUTHORIZED IN PART 16 OF
ARTICLE 4 OF THIS TITLE; OR
(VII) THE OFFICE OF THE STATE AUDITOR,
FOR THE PURPOSE OF CONDUCTING ANY AUDIT AUTHORIZED BY LAW.
(2) ANY PERSON OR AGENCY WHO KNOWINGLY
DISCLOSES INFORMATION FROM THE DATABASE FOR A PURPOSE OR TO A
PERSON OTHER THAN THOSE AUTHORIZED IN THIS SECTION COMMITS A CLASS
1 MISDEMEANOR AND SHALL BE PUNISHED AS PROVIDED IN SECTION 181106,
C.R.S.
(3) THE STATE SHALL NOT BE LIABLE TO ANY
PERSON FOR GATHERING, MANAGING, OR USING INFORMATION IN THE DATABASE
PURSUANT TO THIS PART 6.
(4) THE DESIGNATED AGENT SHALL NOT BE
LIABLE TO ANY PERSON FOR PERFORMING ITS DUTIES UNDER THIS PART
6, UNLESS AND TO THE EXTENT SAID AGENT COMMITS A WILLFUL AND WANTON
ACT OR OMISSION. THE DESIGNATED AGENT SHALL BE LIABLE TO ANY INSURER
DAMAGED BY THE DESIGNATED AGENT'S NEGLIGENT FAILURE TO PROTECT
THE CONFIDENTIAL AND PROPRIETARY NATURE OF THE INFORMATION AND
DATA DISCLOSED BY THE INSURER TO THE DESIGNATED AGENT.
(5) THE DESIGNATED AGENT SHALL PROVIDE
TO THIS STATE AN ERRORS AND OMISSIONS INSURANCE POLICY COVERING
SAID DESIGNATED AGENT IN AN APPROPRIATE AMOUNT.
(6) NO INSURER SHALL BE LIABLE TO ANY
PERSON FOR PERFORMING ITS DUTIES UNDER THIS PART 6, UNLESS AND
TO THE EXTENT THE INSURER COMMITS A WILLFUL AND WANTON ACT OR
OMISSION.
427607. Part 6 not to supersede
other provisions. THIS PART 6 SHALL NOT
SUPERSEDE OTHER ACTIONS OR PENALTIES THAT MAY BE TAKEN OR IMPOSED
FOR VIOLATION OF THE FINANCIAL SECURITY REQUIREMENTS OF THIS ARTICLE.
427608. Review by department
of regulatory agencies repeal.
(1) THE DEPARTMENT OF REGULATORY AGENCIES SHALL REVIEW
THE OPERATION AND PERFORMANCE OF THE MOTORIST INSURANCE IDENTIFICATION
DATABASE PROGRAM PURSUANT TO SECTION 2434104, C.R.S.,
TO DETERMINE WHETHER THE NUMBER OF UNINSURED MOTORIST CLAIMS REPORTED
BY INSURERS HAD DECLINED BETWEEN JULY 1, 1997, AND THE DATE OF
THE REVIEW AND SHALL SUBMIT A REPORT OF ITS FINDINGS TO THE GENERAL
ASSEMBLY NO LATER THAN OCTOBER 15, 1999. THE DEPARTMENT OF REGULATORY
AGENCIES SHALL MAKE COPIES OF ITS REPORT AVAILABLE TO EACH MEMBER
OF THE GENERAL ASSEMBLY.
(2) THIS SECTION IS REPEALED, EFFECTIVE
JULY 1, 2001.
427609. Repeal of sections.
SECTIONS 427603 TO 427609 ARE REPEALED,
EFFECTIVE JULY 1, 2001, UNLESS THE REVIEW CONDUCTED BY THE DEPARTMENT
OF REGULATORY AGENCIES PURSUANT TO SECTION 427608
AND REPORTED TO THE GENERAL ASSEMBLY INDICATES THAT THE NUMBER
OF UNINSURED MOTORIST CLAIMS REPORTED BY INSURERS DECLINED BETWEEN
JULY 1, 1997, AND THE DATE OF THE DEPARTMENT'S REVIEW.
SECTION 7. 2434104 (30) (a), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
2434104. General assembly
review of regulatory agencies and functions for termination, continuation,
or reestablishment. (30) (a) The
following functions of the specified agency shall terminate on
July 1, 2001:
(VI) THE MOTORIST INSURANCE IDENTIFICATION
DATABASE PROGRAM CREATED IN SECTION 104615, C.R.S.,
AS CONDUCTED BY THE DEPARTMENT OF REVENUE THROUGH THE DIVISION
OF MOTOR VEHICLES.
SECTION 8. Repeal.
Part 7 of article 4 of title 10, Colorado Revised Statutes, 1994
Repl. Vol., as amended, and sections 4241409 and 4241410,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, are repealed,
effective July 1, 2001, unless the review conducted by the department
of regulatory agencies pursuant to section 427608,
Colorado Revised Statutes, and reported to the general assembly
during the 1999 regular session of the general assembly indicates
that the number of uninsured motorist claims reported by insurers
declined between July 1, 1997, and the date of the department's
review.
SECTION 9. Part
1 of article 2 of title 42, Colorado Revised Statutes, 1993 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
422127.7. Authority to
suspend license uninsured motorists legislative
declaration. (1) THE GENERAL
ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT THE PURPOSE
OF THIS SECTION IS TO INDUCE AND ENCOURAGE ALL MOTORISTS TO PROVIDE
FOR THEIR FINANCIAL RESPONSIBILITY FOR THE PROTECTION OF OTHERS
AND TO ASSURE THE WIDESPREAD AVAILABILITY TO THE INSURING PUBLIC
OF INSURANCE PROTECTION AGAINST FINANCIAL LOSS CAUSED BY NEGLIGENT,
FINANCIALLY IRRESPONSIBLE, MOTORISTS.
(2) (a) THE DEPARTMENT MAY SUSPEND
THE LICENSE OF ANY PERSON UPON ITS DETERMINATION THAT THE PERSON
DROVE A VEHICLE IN THIS STATE WITHOUT HAVING IN FULL FORCE AND
EFFECT A COMPLYING POLICY OR CERTIFICATE OF SELFINSURANCE
AS REQUIRED BY SECTIONS 104705 AND 104716,
C.R.S.
(b) THE DEPARTMENT SHALL MAKE A DETERMINATION OF SUCH FACTS ON THE BASIS OF THE DOCUMENTS AND AFFIDAVIT OF A LAW ENFORCEMENT OFFICER AS SPECIFIED IN SUBSECTION (3) OF THIS SECTION, AND THIS DETERMINATION SHALL BE FINAL UNLESS A HEARING IS REQUESTED AND HELD AS PROVIDED IN SUBSECTION (7) OF THIS SECTION.
(c) THE DETERMINATION OF THE FACTS SPECIFIED
IN THIS SUBSECTION (2) BY THE DEPARTMENT IS INDEPENDENT OF THE
SUSPENSION TAKEN UNDER ARTICLE 7 OF THIS TITLE.
(d) FOR PURPOSES OF THIS SECTION, ALICENSE@
INCLUDES ANY DRIVING PRIVILEGE.
(3) WHENEVER A LAW ENFORCEMENT OFFICER
DETERMINES, BY CHECKING THE MOTORIST INSURANCE IDENTIFICATION
DATABASE CREATED IN SECTION 427604, AND BY ANY OTHER
MEANS AUTHORIZED BY LAW, THAT A DRIVER VIOLATES SECTION 4241409
BY NOT HAVING A COMPLYING POLICY OR CERTIFICATE OF SELFINSURANCE
IN FULL FORCE AND EFFECT AS REQUIRED BY SECTIONS 104705
AND 104716, C.R.S., THE LAW ENFORCEMENT OFFICER MAKING
SUCH DETERMINATION SHALL FORWARD TO THE DEPARTMENT AN AFFIDAVIT
THAT INCLUDES A STATEMENT OF THE OFFICER=S
PROBABLE CAUSE THAT THE PERSON COMMITTED SUCH VIOLATION, AND A
COPY OF THE CITATION AND COMPLAINT, IF ANY, FILED WITH THE COURT.
THE AFFIDAVIT SHALL BE DATED, SIGNED, AND SWORN TO BY THE LAW
ENFORCEMENT OFFICER UNDER PENALTY OF PERJURY, BUT NEED NOT BE
NOTARIZED OR SWORN TO BEFORE ANY OTHER PERSON.
(4) (a) UPON RECEIPT BY THE DEPARTMENT
OF THE AFFIDAVIT OF THE LAW ENFORCEMENT OFFICER AND THE RELEVANT
DOCUMENTS REQUIRED BY SUBSECTION (3) OF THIS SECTION, THE DEPARTMENT
SHALL MAKE THE DETERMINATION DESCRIBED IN SUBSECTION (2) OF THIS
SECTION. THE DETERMINATION SHALL BE BASED UPON THE INFORMATION
CONTAINED IN THE AFFIDAVIT AND THE RELEVANT DOCUMENTS. IF THE
DEPARTMENT DETERMINES THAT THE PERSON IS SUBJECT TO LICENSE SUSPENSION,
THE DEPARTMENT MAY ISSUE A NOTICE OF SUSPENSION IF SUCH NOTICE
HAS NOT ALREADY BEEN SERVED UPON THE PERSON BY THE LAW ENFORCEMENT
OFFICER AS REQUIRED IN SUBSECTION (5) OF THIS SECTION.
(b) THE NOTICE OF SUSPENSION SENT BY THE
DEPARTMENT SHALL BE MAILED IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 422119 (2) TO THE PERSON AT THE LASTKNOWN
ADDRESS SHOWN ON THE DEPARTMENT'S RECORDS, IF ANY, AND TO ANY
ADDRESS PROVIDED IN THE LAW ENFORCEMENT OFFICER'S AFFIDAVIT IF
THAT ADDRESS DIFFERS FROM THE ADDRESS OF RECORD. THE NOTICE SHALL
BE DEEMED RECEIVED THREE DAYS AFTER MAILING.
(c) THE NOTICE OF SUSPENSION SHALL CLEARLY
SPECIFY THE REASON AND STATUTORY GROUNDS FOR THE SUSPENSION, THE
EFFECTIVE DATE OF THE SUSPENSION, THE RIGHT OF THE PERSON TO REQUEST
A HEARING, THE PROCEDURE FOR REQUESTING A HEARING, AND THE DATE
BY WHICH THAT REQUEST FOR A HEARING MUST BE MADE. THE NOTICE SHALL
ALSO STATE THAT THE PERSON MAY AVOID SUSPENSION BY FILING WITH
THE DEPARTMENT PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE,
OR BY COMPLIANCE WITH SECTION 427302. IF THE PERSON
FILES PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE, SUCH PROOF
OF FINANCIAL RESPONSIBILITY FOR THE FUTURE SHALL BE MAINTAINED
FOR THREE YEARS FROM THE DATE SUCH PROOF OF FINANCIAL RESPONSIBILITY
FOR THE FUTURE IS RECEIVED BY THE DEPARTMENT.
(d) IF THE DEPARTMENT DETERMINES THAT
THE PERSON IS NOT SUBJECT TO LICENSE SUSPENSION:
(I) THE DEPARTMENT SHALL NOTIFY THE PERSON
OF ITS DETERMINATION AND SHALL RESCIND ANY ORDER OF SUSPENSION
SERVED UPON THE PERSON BY THE LAW ENFORCEMENT OFFICER;
(II) THE PERSON WHOSE DRIVER'S LICENSE
WAS TAKEN POSSESSION OF BY A LAW ENFORCEMENT OFFICER PURSUANT
TO THIS SECTION MAY OBTAIN SUCH LICENSE BY THE PAYMENT OF A FEE
OF FIVE DOLLARS TO THE DEPARTMENT.
(5) (a) WHENEVER A LAW ENFORCEMENT
OFFICER DETERMINES, BY CHECKING THE MOTORIST INSURANCE IDENTIFICATION
DATABASE CREATED IN SECTION 427604, AND BY ANY OTHER
MEANS AUTHORIZED BY LAW, THAT A DRIVER VIOLATES SECTION 4241409
BY NOT HAVING A COMPLYING POLICY OR CERTIFICATE OF SELFINSURANCE
AS REQUIRED BY SECTIONS 104705 AND 104716,
C.R.S., THE OFFICER, ACTING ON BEHALF OF THE DEPARTMENT MAY SERVE
THE NOTICE OF SUSPENSION PERSONALLY ON SUCH DRIVER. IF THE LAW
ENFORCEMENT OFFICER SERVES THE NOTICE OF SUSPENSION, THE OFFICER
SHALL TAKE POSSESSION OF ANY DRIVER'S LICENSE ISSUED BY THIS STATE
OR ANY OTHER STATE WHICH IS HELD BY THE PERSON. WHEN THE OFFICER
TAKES POSSESSION OF A VALID LICENSE, THE OFFICER, ACTING ON BEHALF
OF THE DEPARTMENT, SHALL ISSUE A TEMPORARY PERMIT WHICH IS VALID
FOR SEVEN DAYS AFTER ITS DATE OF ISSUANCE.
(b) A COPY OF THE COMPLETED NOTICE OF
SUSPENSION FORM, A COPY OF ANY COMPLETED TEMPORARY PERMIT FORM,
AND ANY DRIVER'S, MINOR DRIVER'S, PROVISIONAL DRIVER'S, OR TEMPORARY
DRIVER'S LICENSE OR ANY INSTRUCTION PERMIT TAKEN INTO POSSESSION
UNDER THIS SECTION SHALL BE FORWARDED TO THE DEPARTMENT BY THE
LAW ENFORCEMENT OFFICER ALONG WITH THE AFFIDAVIT AND DOCUMENTS
REQUIRED IN SUBSECTIONS (2) AND (3) OF THIS SECTION.
(c) THE DEPARTMENT SHALL PROVIDE FORMS
FOR NOTICE OF SUSPENSION AND FOR TEMPORARY PERMITS TO LAW ENFORCEMENT
AGENCIES. THE DEPARTMENT SHALL ESTABLISH A FORMAT FOR THE AFFIDAVITS
REQUIRED BY THIS SECTION AND SHALL GIVE NOTICE OF SUCH FORMAT
TO ALL LAW ENFORCEMENT AGENCIES WHICH SUBMIT AFFIDAVITS TO THE
DEPARTMENT. SUCH LAW ENFORCEMENT AGENCIES SHALL FOLLOW THE FORMAT
DETERMINED BY THE DEPARTMENT.
(d) A TEMPORARY PERMIT MAY NOT BE ISSUED
TO ANY PERSON WHO IS ALREADY DRIVING WITH A TEMPORARY PERMIT ISSUED
PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (5).
(6) (a) THE LICENSE SUSPENSION SHALL
BECOME EFFECTIVE SEVEN DAYS AFTER THE SUBJECT PERSON HAS RECEIVED
THE NOTICE OF SUSPENSION AS PROVIDED IN SUBSECTION (5) OF THIS
SECTION OR IS DEEMED TO HAVE RECEIVED THE NOTICE OF SUSPENSION
BY MAIL AS PROVIDED IN SUBSECTION (4) OF THIS SECTION UNLESS THE
PERSON FILES WITH THE DEPARTMENT PROOF OF FINANCIAL RESPONSIBILITY
FOR THE FUTURE OR COMPLIES WITH SECTION 427302 PRIOR
TO THE EFFECTIVE DATE OF THE SUSPENSION. IF THE PERSON FILES PROOF
OF FINANCIAL RESPONSIBILITY FOR THE FUTURE, SUCH PROOF OF FINANCIAL
RESPONSIBILITY FOR THE FUTURE MUST BE MAINTAINED FOR THREE YEARS
FROM THE DATE SUCH PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE
IS RECEIVED BY THE DEPARTMENT. IF A WRITTEN REQUEST FOR A HEARING
AND EVIDENCE OF CURRENT LIABILITY INSURANCE IN THE RESPONDENT'S
NAME IS RECEIVED BY THE DEPARTMENT WITHIN THAT SAME SEVENDAY
PERIOD, THE EFFECTIVE DATE OF THE SUSPENSION SHALL BE STAYED UNTIL
A FINAL ORDER IS ISSUED FOLLOWING THE HEARING; EXCEPT THAT ANY
DELAY IN THE HEARING THAT IS CAUSED OR REQUESTED BY THE SUBJECT
PERSON OR COUNSEL REPRESENTING THAT PERSON SHALL NOT RESULT IN
A STAY OF THE SUSPENSION DURING THE PERIOD OF DELAY.
(b) THE PERIOD OF LICENSE SUSPENSION UNDER
PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION SHALL BE FOR AN
INDEFINITE PERIOD. THE PERSON MAY REINSTATE AT ANY TIME BY COMPLYING
WITH SECTION 427302 OR BY FILING WITH THE DEPARTMENT
PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE AND PAYING THE
REQUIRED REINSTATEMENT FEE PURSUANT TO SECTION 422132.
IF THE PERSON FILES PROOF OF FINANCIAL RESPONSIBILITY FOR THE
FUTURE, SUCH PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE
MUST BE MAINTAINED FOR THREE YEARS FROM THE DATE SUCH PROOF OF
FINANCIAL RESPONSIBILITY FOR THE FUTURE IS RECEIVED BY THE DEPARTMENT.
(7) (a) ANY PERSON WHO HAS RECEIVED
A NOTICE OF SUSPENSION MAY MAKE A WRITTEN REQUEST FOR A REVIEW
OF THE DEPARTMENT'S DETERMINATION AT A HEARING. THE REQUEST MAY
BE MADE ON A FORM AVAILABLE AT EACH OFFICE OF THE DEPARTMENT.
EVIDENCE OF CURRENT LIABILITY INSURANCE IN THE RESPONDENT=S
NAME AND THE PERSON'S DRIVER'S LICENSE, IF THE LICENSE HAS NOT
BEEN PREVIOUSLY SURRENDERED, SHALL BE SUBMITTED AT THE TIME THE
REQUEST FOR A HEARING IS MADE.
(b) THE REQUEST FOR A HEARING SHALL BE
MADE IN WRITING WITHIN SEVEN DAYS AFTER THE DAY THE PERSON RECEIVED
THE NOTICE OF SUSPENSION AS PROVIDED IN SUBSECTION (5) OF THIS
SECTION OR IS DEEMED TO HAVE RECEIVED THE NOTICE BY MAIL AS PROVIDED
IN SUBSECTION (4) OF THIS SECTION. IF WRITTEN REQUEST FOR A HEARING
AND EVIDENCE OF CURRENT LIABILITY INSURANCE IN THE RESPONDENT'S
NAME IS NOT RECEIVED WITHIN THE SEVENDAY PERIOD, THE RIGHT
TO A HEARING IS WAIVED, AND THE DETERMINATION OF THE DEPARTMENT
THAT IS BASED UPON THE DOCUMENTS AND AFFIDAVIT REQUIRED BY SUBSECTIONS
(2) AND (3) OF THIS SECTION BECOMES FINAL.
(c) IF A WRITTEN REQUEST FOR A HEARING
IS MADE AFTER EXPIRATION OF THE SEVENDAY PERIOD AND IF IT
IS ACCOMPANIED BY THE APPLICANT'S VERIFIED STATEMENT EXPLAINING
THE FAILURE TO MAKE A TIMELY REQUEST FOR A HEARING, THE DEPARTMENT
SHALL RECEIVE AND CONSIDER THE REQUEST. IF THE DEPARTMENT FINDS
THAT THE PERSON WAS UNABLE TO MAKE A TIMELY REQUEST DUE TO LACK
OF ACTUAL NOTICE OF THE SUSPENSION OR DUE TO FACTORS OF PHYSICAL
INCAPACITY SUCH AS HOSPITALIZATION OR INCARCERATION, THE DEPARTMENT
SHALL WAIVE THE PERIOD OF LIMITATION, REOPEN THE MATTER, AND GRANT
THE HEARING REQUEST UPON RECEIPT OF EVIDENCE OF CURRENT LIABILITY
INSURANCE IN THE RESPONDENT=S
NAME. IN SUCH A CASE, A STAY OF THE SUSPENSION PENDING ISSUANCE
OF THE FINAL ORDER FOLLOWING THE HEARING SHALL NOT BE GRANTED.
(d) AT THE TIME THE REQUEST FOR A HEARING
IS MADE, IF IT APPEARS FROM THE RECORD THAT THE PERSON IS THE
HOLDER OF A VALID DRIVER'S, MINOR DRIVER'S, OR PROVISIONAL DRIVER'S
LICENSE OR ANY INSTRUCTION PERMIT ISSUED BY THIS STATE OR TEMPORARY
PERMIT ISSUED PURSUANT TO SUBSECTION (5) OF THIS SECTION AND THAT
THE LICENSE HAS BEEN SURRENDERED AS REQUIRED PURSUANT TO SUBSECTION
(5) OF THIS SECTION, THE DEPARTMENT SHALL ISSUE A TEMPORARY PERMIT
UPON THE RECEIPT OF EVIDENCE OF CURRENT LIABILITY INSURANCE IN
THE RESPONDENT=S
NAME. THE TEMPORARY PERMIT WILL BE VALID UNTIL THE SCHEDULED DATE
FOR THE HEARING. IF NECESSARY, THE DEPARTMENT MAY LATER ISSUE
AN ADDITIONAL TEMPORARY PERMIT OR PERMITS IN ORDER TO STAY THE
EFFECTIVE DATE OF THE SUSPENSION UNTIL THE FINAL ORDER IS ISSUED
FOLLOWING THE HEARING, AS REQUIRED BY SUBSECTION (6) OF THIS SECTION.
(e) (I) THE HEARING SHALL BE SCHEDULED
TO BE HELD AS QUICKLY AS PRACTICABLE BUT NOT MORE THAN SIXTY DAYS
AFTER THE DAY THAT THE REQUEST FOR A HEARING IS RECEIVED BY THE
DEPARTMENT; EXCEPT THAT, IF A HEARING IS RESCHEDULED BECAUSE OF
THE UNAVAILABILITY OF THE HEARING OFFICER IN ACCORDANCE WITH SUBPARAGRAPH
(II) OF THIS PARAGRAPH (e), THE HEARING MAY BE RESCHEDULED MORE
THAN SIXTY DAYS AFTER THE DAY THAT THE REQUEST FOR THE HEARING
IS RECEIVED BY THE DEPARTMENT, AND THE DEPARTMENT SHALL CONTINUE
ANY TEMPORARY DRIVING PRIVILEGES HELD BY THE RESPONDENT UNTIL
THE DATE THAT SUCH HEARING IS RESCHEDULED. THE DEPARTMENT SHALL
PROVIDE A WRITTEN NOTICE OF THE TIME AND PLACE OF THE HEARING
TO THE RESPONDENT IN THE MANNER PROVIDED IN SECTION 422119
(2) AT LEAST TEN DAYS PRIOR TO THE SCHEDULED OR RESCHEDULED HEARING,
UNLESS THE PARTIES AGREE TO WAIVE THIS REQUIREMENT. NOTWITHSTANDING
THE PROVISIONS OF SECTION 422119, THE LASTKNOWN
ADDRESS OF THE RESPONDENT FOR PURPOSES OF NOTICE FOR ANY HEARING
PURSUANT TO THIS SECTION SHALL BE THE ADDRESS STATED ON THE HEARING
REQUEST FORM.
(II) IF A HEARING OFFICER CANNOT APPEAR
AT ANY ORIGINAL OR RESCHEDULED HEARING BECAUSE OF MEDICAL REASONS,
ANOTHER ADMINISTRATIVE HEARING, OR ANY OTHER LEGITIMATE JUST CAUSE,
SUCH HEARING OFFICER OR THE DEPARTMENT MAY RESCHEDULE THE HEARING
AT THE EARLIEST POSSIBLE TIME WHEN THE HEARING OFFICER WILL BE
AVAILABLE.
(f) IF A HEARING IS HELD PURSUANT TO SUBSECTION
(7) OF THIS SECTION, THE DEPARTMENT SHALL REVIEW THE MATTER AND
MAKE A FINAL DETERMINATION ON THE BASIS OF THE DOCUMENTS AND AFFIDAVIT
SUBMITTED TO THE DEPARTMENT PURSUANT TO SUBSECTIONS (2) AND (3)
OF THIS SECTION. THE LAW ENFORCEMENT OFFICER WHO SUBMITTED THE
AFFIDAVIT NEED NOT BE PRESENT AT THE HEARING. THE DEPARTMENT SHALL
CONSIDER ALL OTHER RELEVANT EVIDENCE AT THE HEARING, INCLUDING
THE REPORTS OF LAW ENFORCEMENT OFFICERS THAT ARE SUBMITTED TO
THE DEPARTMENT. THE REPORTS OF LAW ENFORCEMENT OFFICERS SHALL
NOT BE REQUIRED TO BE MADE UNDER OATH, BUT SUCH REPORTS SHALL
IDENTIFY THE OFFICERS MAKING THE REPORTS. THE DEPARTMENT MAY CONSIDER
EVIDENCE CONTAINED IN AFFIDAVITS FROM PERSONS OTHER THAN THE RESPONDENT,
SO LONG AS SUCH AFFIDAVITS INCLUDE THE AFFIANT'S HOME OR WORK
ADDRESS AND TELEPHONE NUMBER AND ARE DATED, SIGNED, AND SWORN
TO BY THE AFFIANT UNDER PENALTY OF PERJURY. THE AFFIDAVIT NEED
NOT BE NOTARIZED OR SWORN TO BEFORE ANY OTHER PERSON. THE RESPONDENT
MUST PRESENT EVIDENCE IN PERSON.
(8) (a) THE HEARING SHALL BE HELD
IN THE DISTRICT OFFICE OF THE DEPARTMENT CLOSEST TO THE RESIDENCE
OF THE DRIVER. THE PERSON REQUESTING THE HEARING MAY BE REFERRED
TO AS THE RESPONDENT.
(b) THE PRESIDING HEARING OFFICER SHALL
BE THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OR AN AUTHORIZED REPRESENTATIVE
DESIGNATED BY THE EXECUTIVE DIRECTOR. THE PRESIDING HEARING OFFICER
SHALL HAVE AUTHORITY TO ADMINISTER OATHS AND AFFIRMATIONS; TO
CONSIDER THE AFFIDAVIT OF THE LAW ENFORCEMENT OFFICER FILING SUCH
AFFIDAVIT AS SPECIFIED IN SUBSECTION (3) OF THIS SECTION; TO CONSIDER
OTHER LAW ENFORCEMENT OFFICERS' REPORTS THAT ARE SUBMITTED TO
THE DEPARTMENT, WHICH REPORTS NEED NOT BE UNDER OATH BUT SHALL
IDENTIFY THE OFFICERS MAKING THE REPORTS; TO EXAMINE AND CONSIDER
DOCUMENTS AND COPIES OF DOCUMENTS CONTAINING RELEVANT EVIDENCE;
TO CONSIDER OTHER AFFIDAVITS THAT ARE DATED, SIGNED, AND SWORN
TO BY THE AFFIANT UNDER PENALTY OF PERJURY, WHICH AFFIDAVITS NEED
NOT BE NOTARIZED OR SWORN TO BEFORE ANY OTHER PERSON BUT SHALL
CONTAIN THE AFFIANT'S HOME OR WORK ADDRESS AND TELEPHONE NUMBER;
TO TAKE JUDICIAL NOTICE AS DEFINED BY RULE 201 OF ARTICLE II OF
THE COLORADO RULES OF EVIDENCE, SUBJECT TO THE PROVISIONS OF SECTION
244105 (8), C.R.S., WHICH SHALL INCLUDE JUDICIAL NOTICE
OF GENERAL, TECHNICAL, OR SCIENTIFIC FACTS WITHIN THE HEARING
OFFICER'S KNOWLEDGE; TO COMPEL WITNESSES TO TESTIFY OR PRODUCE
BOOKS, RECORDS, OR OTHER EVIDENCE; TO EXAMINE WITNESSES AND TAKE
TESTIMONY; TO RECEIVE AND CONSIDER ANY RELEVANT EVIDENCE NECESSARY
TO PROPERLY PERFORM THE HEARING OFFICER'S DUTIES AS REQUIRED BY
THIS SECTION; TO ISSUE SUBPOENAS DUCES TECUM TO PRODUCE BOOKS,
DOCUMENTS, RECORDS, OR OTHER EVIDENCE; TO ISSUE SUBPOENAS FOR
THE ATTENDANCE OF WITNESSES; TO TAKE DEPOSITIONS, OR CAUSE DEPOSITIONS
OR INTERROGATORIES TO BE TAKEN; TO REGULATE THE COURSE AND CONDUCT
OF THE HEARING; AND TO MAKE A FINAL RULING ON THE ISSUES.
(c) (I) WHEN A LICENSE IS SUSPENDED
UNDER PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION, THE SOLE
ISSUE AT THE HEARING SHALL BE WHETHER BY A PREPONDERANCE OF THE
EVIDENCE THE PERSON DROVE A VEHICLE IN THIS STATE WITHOUT HAVING
IN FORCE A COMPLYING POLICY OR CERTIFICATE OF SELFINSURANCE
AS REQUIRED BY SECTIONS 104705 AND 104716,
C.R.S. IF THE PRESIDING HEARING OFFICER FINDS THE AFFIRMATIVE
OF THE ISSUE, THE SUSPENSION ORDER SHALL BE SUSTAINED. IF THE
PRESIDING HEARING OFFICER FINDS THE NEGATIVE OF THE ISSUE, THE
SUSPENSION ORDER SHALL BE RESCINDED.
(II) UNDER NO CIRCUMSTANCES SHALL THE
PRESIDING HEARING OFFICER CONSIDER ANY ISSUE NOT SPECIFIED IN
THIS PARAGRAPH (c).
(d) THE HEARING SHALL BE RECORDED. THE
DECISION OF THE PRESIDING HEARING OFFICER SHALL BE RENDERED IN
WRITING, AND A COPY SHALL BE PROVIDED TO THE PERSON WHO REQUESTED
THE HEARING.
(e) IF THE PERSON WHO REQUESTED THE HEARING
FAILS TO APPEAR WITHOUT JUST CAUSE, THE RIGHT TO A HEARING SHALL
BE WAIVED, AND THE DETERMINATION OF THE DEPARTMENT WHICH IS BASED
UPON THE DOCUMENTS AND AFFIDAVIT REQUIRED IN SUBSECTIONS (2) AND
(3) OF THIS SECTION SHALL BECOME FINAL.
(9) (a) WITHIN THIRTY DAYS OF THE
ISSUANCE OF THE FINAL DETERMINATION OF THE DEPARTMENT UNDER THIS
SECTION, A PERSON AGGRIEVED BY THE DETERMINATION SHALL HAVE THE
RIGHT TO FILE A PETITION FOR JUDICIAL REVIEW IN THE DISTRICT COURT
IN THE COUNTY OF THE PERSON'S RESIDENCE.
(b) THE REVIEW SHALL BE ON THE RECORD
WITHOUT TAKING ADDITIONAL TESTIMONY. IF THE COURT FINDS THAT THE
DEPARTMENT EXCEEDED ITS CONSTITUTIONAL OR STATUTORY AUTHORITY,
MADE AN ERRONEOUS INTERPRETATION OF THE LAW, ACTED IN AN ARBITRARY
AND CAPRICIOUS MANNER, OR MADE A DETERMINATION WHICH IS UNSUPPORTED
BY THE EVIDENCE IN THE RECORD, THE COURT MAY REVERSE THE DEPARTMENT'S
DETERMINATION.
(c) THE FILING OF A PETITION FOR JUDICIAL
REVIEW SHALL NOT RESULT IN AN AUTOMATIC STAY OF THE SUSPENSION
ORDER. THE COURT MAY GRANT A STAY OF THE ORDER ONLY UPON MOTION
AND HEARING AND UPON A FINDING THAT THERE IS A REASONABLE PROBABILITY
THAT THE PETITIONER WILL PREVAIL UPON THE MERITS AND THAT THE
PETITIONER WILL SUFFER IRREPARABLE HARM IF THE ORDER IS NOT STAYED.
(10) THE "STATE ADMINISTRATIVE PROCEDURE
ACT", ARTICLE 4 OF TITLE 24, C.R.S., SHALL APPLY TO THIS
SECTION TO THE EXTENT IT IS CONSISTENT WITH SUBSECTIONS (7), (8),
AND (9) OF THIS SECTION RELATING TO ADMINISTRATIVE HEARINGS AND
JUDICIAL REVIEW.
(11) THIS SECTION SHALL TAKE EFFECT WHEN THE MOTORIST INSURANCE IDENTIFICATION DATABASE, CREATED IN SECTION 427604, HAS BEEN DEVELOPED AND IS OPERATIONAL, BUT NOT LATER THAN JANUARY 1, 1999.
SECTION 10. Appropriation.
In addition to any other appropriation, there is hereby appropriated,
out of any moneys in the motorist insurance identification account
in the highway users tax fund not otherwise appropriated, to the
department of revenue, for allocation to the division of motor
vehicles, for the fiscal year beginning July 1, 1997, the sum
of three million three hundred seventyfour thousand five
hundred dollars ($3,374,500), or so much thereof as may be necessary,
for the implementation of this act.
SECTION 11. Effective date.
This act shall take effect July 1, 1997.
SECTION 12. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO