Second Regular Session
Sixty-first General Assembly
LLS NO. 980176.01 JLB
SENATE BILL 98108
STATE OF COLORADO
BY SENATOR Tebedo;
also REPRESENTATIVE Swenson.
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING MOTOR VEHICLE INSURANCE.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
adopted.)
Revises automobile insurance requirements as follows:
Repeals financial responsibility provisions requiring owners of motor vehicles to have a complying policies of insurance and to provide evidence of having such a policy to the director of the division of motor vehicles in the event of an accident.
Makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 104702, Colorado Revised Statutes, is amended to read:
104702. Legislative declaration.
The general assembly declares that its purpose in enacting this
part 7 is to avoid inadequate compensation to victims of automobile
accidents to require
BY REQUIRING registrants of motor vehicles in this state to procure
insurance covering MAKE FINANCIAL
ARRANGEMENTS ADEQUATE TO COVER legal liability arising out of
ownership or use of such vehicles and also providing
TO PROVIDE benefits to persons occupying such vehicles and to
persons injured in accidents involving such vehicles.
SECTION 2. 104705 (1) and (2), Colorado Revised Statutes, are amended to read:
104705. Coverage compulsory.
(1) Every owner of a motor vehicle who operates the
motor vehicle on the public highways of this state or who knowingly
permits the operation of the motor vehicle on the public highways
of this state shall have in full force
and effect a complying policy under the terms of this part 7 covering
the said motor vehicle, and any owner who fails to do so shall
be subject to the sanctions provided under section 4241409
and section 427301, C.R.S., of the "Motor Vehicle
Financial Responsibility Act"
MAKE FINANCIAL ARRANGEMENTS TO PROVIDE FOR PERSONAL AND PROPERTY
LOSSES AND DAMAGES INCURRED BY SUCH OWNER AND THE PASSENGERS IN
SUCH OWNER'S VEHICLE IN THE EVENT OF A MOTOR VEHICLE COLLISION.
SUCH ARRANGEMENTS SHALL MEET THE FINANCIAL REQUIREMENT LEVELS
DESCRIBED IN SECTION 104706.
(2) Any owner
of a motor vehicle who operates the motor vehicle on the public
highways of this state or who knowingly permits the operation
of the motor vehicle on the public highways of this state who
fails to have in full force and effect a complying policy covering
said motor vehicle at the time of any accident, on account of
which benefits under section 104706 (1) (b) to (1)
(e) or alternatively, as applicable, section 104706
(2) or (3) would be payable, shall be personally liable for the
payment of such benefits to the person for whom such payment would
have been required, if such coverage had been in effect under
the terms of section 104707. Such an owner shall
have all of the rights and obligations of any insurer under this
part 7.
SECTION 3. 104706, Colorado Revised Statutes, is REPEALED AND REENACTED, WITH AMENDMENTS, to read:
104706. Required coverage. (1) EVERY PERSON USING A MOTOR VEHICLE IN THIS STATE SHALL MAKE FINANCIAL ARRANGEMENTS TO COVER PERSONAL AND PROPERTY LOSSES AND DAMAGES THAT MAY BE SUSTAINED BY SUCH PERSON AND THE PASSENGERS IN SUCH OWNER'S VEHICLE. SUCH ARRANGEMENTS SHALL MEET THE FINANCIAL REQUIREMENTS SET FORTH IN THIS SECTION. SUBJECT TO THE LIMITATIONS AND EXCLUSIONS AUTHORIZED BY THIS PART 7, THE MINIMUM COVERAGE REQUIRED FOR COMPLIANCE WITH THIS PART 7 IS AS FOLLOWS:
(a) COVERAGE FOR BODILY INJURY OR DEATH ARISING OUT OF THE USE OF THE MOTOR VEHICLE TO A LIMIT, EXCLUSIVE OF INTEREST AND COSTS, OF TWENTYFIVE THOUSAND DOLLARS TO ANY ONE PERSON IN ANY ONE ACCIDENT AND FIFTY THOUSAND DOLLARS TO ALL PERSONS IN ANY ONE ACCIDENT; AND
(b) COVERAGE FOR PROPERTY DAMAGE ARISING OUT OF THE USE OF THE MOTOR VEHICLE TO A LIMIT, EXCLUSIVE OF INTEREST AND COSTS, OF FIFTEEN THOUSAND DOLLARS IN ANY ONE ACCIDENT.
SECTION 4. 104712 (1), (2), and (3), Colorado Revised Statutes, are amended to read:
104712. Conditions and
exclusions. (1) The
coverages A FINANCIAL ARRANGEMENT
described in section 104706, INCLUDING INSURANCE,
may be subject to conditions and exclusions which
THAT are not inconsistent with the requirements of this part 7.
(2) The coverages
A FINANCIAL ARRANGEMENT described in section 104706,
INCLUDING INSURANCE, may also
be subject to exclusions where the injured person:
(a) Sustains injury caused by his OR HER own intentional act; or
(b) Is operating a motor vehicle as a converter without a good faith belief that he OR SHE is legally entitled to operate or use such vehicle.
(3) (a) The
coverages described in section 104706 are conditioned
upon the insurer offering coverages pursuant to section 104609
(1).
(b) The insurer shall be deemed
to have complied with the requirements of section 104609
(1) and the exclusion of the insured from uninsured motorist coverage
shall be deemed valid if the named insured has rejected the uninsured
motorist coverage in writing. Such exclusion shall be continuing
until such time as the insured requests that the insurer provide
uninsured motorist coverage. The insurer shall not have a duty
to offer uninsured motorist coverage after receiving the insured's
written request for exclusion even though:
(I) The vehicles insured under
the policy have changed; or
(II) The policy is:
(A) Reinstated;
(B) Transferred;
(C) Substituted;
(D) Amended;
(E) Altered;
(F) Modified;
(G) Replaced; or
(H) Renewed.
(c) The insurer shall be deemed
to have complied with section 104609 (1) and the insured's
uninsured motorist coverage shall be deemed valid if the insurer
has offered coverage at available levels and the insured has selected
coverage of a certain value. The insurer shall not have a duty
to offer changes in uninsured motorist coverage to the insured
even though:
(I) The vehicles covered under
the policy have changed; or
(II) The policy is:
(A) Reinstated;
(B) Transferred;
(C) Substituted;
(D) Amended;
(E) Altered;
(F) Modified;
(G) Replaced; or
(H) Renewed; except that if there
is an increase in bodily injury liability limits and the limits
of the uninsured motorist coverage would be less than such limits,
the insurer shall offer new uninsured motorist coverage to the
insured pursuant to section 104609 (2).
SECTION 5. 104719.7 (1) and (1.5), Colorado Revised Statutes, are amended to read:
104719.7. Refusal to write,
changes in, cancellation, or nonrenewal of policies prohibited.
(1) No insurer shall cancel, fail to renew, refuse
to write, reclassify an insured under, reduce coverage under,
unless the reduction is part of a general reduction in coverage
filed with the commissioner, or increase the premium for, unless
the increase is part of a general increase in premiums filed with
the commissioner, any complying
MOTOR VEHICLE INSURANCE policy because the applicant, insured,
or any resident of the household of the applicant or insured has
had an accident or accidents which are not the fault of such named
applicant, insured, household member, or permissive user.
(1.5) (a) No insurer shall cancel,
fail to renew, reclassify an insured under, reduce coverage under,
unless the reduction is part of a general reduction in coverage
filed with the commissioner, or increase the premium for, unless
the increase is part of a general increase in premiums filed with
the commissioner, any complying
MOTOR VEHICLE INSURANCE policy solely because the insured person
has been convicted of an offense related to the failure to have
in effect compulsory
SUCH motor vehicle insurance or such person has been denied issuance
of a motor vehicle registration for failure to have such insurance.
(b) (I) No insurer shall refuse to
write a complying
MOTOR VEHICLE INSURANCE policy solely because of the claim or
driving record of one or more but fewer than all of the persons
residing in the household of the named insured.
(II) An insurer shall offer to exclude any person by name pursuant to section 104721 in the household if such person's driving record and claim experience would justify the refusal by such insurer to write a policy for such person if such person were applying in such person's own name and not as part of a household.
(III) An insurer renewing a policy pursuant to subparagraph (II) of this paragraph (b) shall include as part of such renewal a written notice naming the party specifically excluded from coverage.
SECTION 6. 104723, Colorado Revised Statutes, is amended to read:
104723. Effective date
applicability. This part 7 shall
take effect April 1, 1974
ON THE EFFECTIVE DATE OF THIS SECTION, AS AMENDED, and shall apply
with respect to automobile accidents occurring on or after April
1, 1974 SAID DATE.
SECTION 7. 1321102.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
1321102.5. Limitations on damages for noneconomic loss or injury. (6) NO OPERATOR OF A MOTOR VEHICLE WHO IS INJURED IN AN AUTOMOBILE ACCIDENT SHALL RECOVER NONECONOMIC DAMAGES UNLESS SUCH OPERATOR OR THE OWNER OF THE VEHICLE HAS MADE FINANCIAL ARRANGEMENTS PURSUANT TO SECTION 104706.
SECTION 8. 253.5303, Colorado Revised Statutes, is amended to read:
253.5303. Vehicular liability
insurance required. No ambulance shall
operate in this state unless it is covered by a complying
MOTOR VEHICLE LIABILITY policy as
defined in section 104703,
AS SET FORTH IN PART 4 OF TITLE 10, C.R.S.
SECTION 9. Repeal. 422127 (5) (ee), Colorado Revised Statutes, is repealed as follows:
422127. Authority to suspend license to deny license type of conviction points. (5) Point system schedule:
Type of conviction Points
(ee) Failure
to maintain or show proof of insurance pursuant to section 4241409
4
SECTION 10. Repeal. 423105 (2), Colorado Revised Statutes, is repealed as follows:
423105. Application for
registration tax. (2) Upon
applying for a registration card, the owner of a motor vehicle
shall receive a written notice that shall be printed on the application
for registration, in type that is larger than the other information
contained on the application for registration. Such notice shall
state that motor vehicle insurance or operator's coverage is compulsory
in Colorado, that noncompliance is a misdemeanor traffic offense,
that the minimum penalty for such offense is a onehundreddollar
fine, and that the maximum penalty for such offense is one year's
imprisonment and a onethousanddollar fine, and that
such owner shall be required as a condition of obtaining a registration
card to sign the affirmation clause that appears on such card.
The clause shall state, "I swear or affirm in accordance
with section 2412102, C.R.S., under penalty of perjury
that I now have in effect a complying policy of motor vehicle
insurance including an operator's policy pursuant to the "Colorado
Auto Accident Reparations Act", part 7 of article 4 of title
10, C.R.S., or a certificate of selfinsurance to cover the
vehicle or operator of the vehicle for which this registration
is issued, and I understand that such insurance must be renewed
so that coverage is continuous.
Signature ,
Date ."
SECTION 11. 423112 (2), (3), and (4), Colorado Revised Statutes, are amended to read:
423112. Records of application
and registration. (2) The department,
upon registering a vehicle, shall issue to the owner a registration
card which
THAT shall contain upon the face thereof the date issued, the
registration number assigned to the owner and to the vehicle,
the name and address of the owner, AND a notice, in type which
is larger than the other information contained on the registration
card, that ADEQUATE motor vehicle insurance
coverage is FINANCIAL ARRANGEMENTS
ARE compulsory in Colorado. that
noncompliance is a misdemeanor traffic offense, that the minimum
penalty for such offense is a onehundreddollar fine
and that the maximum penalty for such offense is one year's imprisonment
and a onethousanddollar fine, and that such owner
shall be required upon receipt of the registration card to sign
the affirmation clause on such card which states "I swear
or affirm under penalty of perjury that I now have in effect a
complying policy of motor vehicle insurance pursuant to the "Colorado
Auto Accident Reparations Act", part 7 of article 4 of title
10, C.R.S., or a certificate of selfinsurance to cover the
vehicle for which this registration is issued, and I understand
that such insurance must be renewed so that coverage is continuous.
Signature , Date .",
a description of the registered vehicle, including the identification
number thereof, and, with reference to every new vehicle sold
in this state after January 1, 1932, the date of sale by the manufacturer
or dealer to the person first operating such vehicle, and such
other statement of facts as may be determined by the department.
(3) Any notice for renewal of registration
shall include a notice, in type which is larger than the other
information contained in the notice, which
THAT specifies that ADEQUATE motor vehicle insurance
coverage is FINANCIAL ARRANGEMENTS
ARE compulsory in Colorado. that noncompliance
is a misdemeanor traffic offense, that the minimum penalty for
such offense is a onehundreddollar fine and that the
maximum penalty for such offense is one year's imprisonment and
a onethousanddollar fine, and that such owner shall
be required as a condition of obtaining a renewed registration
card and upon receipt of the registration card to sign the affirmation
clause on such card which states "I swear or affirm under
penalty of perjury that I now have in effect a complying policy
of motor vehicle insurance pursuant to the "Colorado Auto
Accident Reparations Act", part 7 of article 4 of title 10,
C.R.S., or a certificate of selfinsurance to cover the vehicle
for which this registration is issued, and I understand that such
insurance must be renewed so that coverage is continuous. Signature
, Date ."
(4) On and
after January 1, 1991, the department shall notify all registered
owners of the provisions and requirements of subsections (2) and
(3) of this section.
SECTION 12. 427102, Colorado Revised Statutes, is amended to read:
427102. Legislative declaration.
The general assembly is acutely aware of the toll in human suffering
and loss of life, limb, and property caused by negligence in the
operation of motor vehicles in our state. Although it recognizes
that this basic problem can be and is being dealt with by direct
measures designed to protect our people from the ravages of irresponsible
drivers, the general assembly is also very much concerned with
the financial loss visited upon innocent traffic accident victims
by negligent motorists who are financially irresponsible. In
prescribing the sanctions and requirements of this article, it
is the policy of this state 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
MAKE ADEQUATE FINANCIAL ARRANGEMENTS FOR MOTOR VEHICLE ACCIDENTS
IN WHICH THEY ARE LIABLE.
SECTION 13. 427103 (2), (6.5), (9), and (14), Colorado Revised Statutes, are amended, and the said 427103 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
427103. Definitions. As used in this article, unless the context otherwise requires:
(1.5) "ADEQUATE FINANCIAL ARRANGEMENT" MEANS A LIABILITY POLICY, BOND, OR OTHER FINANCIAL ARRANGEMENT SUBJECT, IF THE ACCIDENT HAS RESULTED IN BODILY INJURY OR DEATH, TO A LIMIT, EXCLUSIVE OF INTEREST AND COSTS, OF NOT LESS THAN TWENTYFIVE THOUSAND DOLLARS BECAUSE OF BODILY INJURY TO OR DEATH OF ONE PERSON IN ANY ONE ACCIDENT AND, SUBJECT TO SAID LIMIT FOR ONE PERSON, TO A LIMIT OF NOT LESS THAN FIFTY THOUSAND DOLLARS BECAUSE OF BODILY INJURY TO OR DEATH OF TWO OR MORE PERSONS IN ANY ONE ACCIDENT AND FOR PROPERTY DAMAGE ARISING OUT OF THE USE OF THE MOTOR VEHICLE TO A LIMIT, EXCLUSIVE OF INTEREST AND COSTS, OF FIFTEEN THOUSAND DOLLARS IN ANY ONE ACCIDENT.
(2) "Automobile
liability policy" or "bond" means a liability policy,
or bond, subject, if the accident has resulted in bodily injury
or death, to a limit, exclusive of interest and costs, of not
less than twentyfive thousand dollars because of bodily
injury to or death of one person in any one accident and, subject
to said limit for one person, to a limit of not less than fifty
thousand dollars because of bodily injury to or death of two or
more persons in any one accident. and, if the accident has resulted
in injury to or destruction of property, to a limit of not less
than fifteen thousand dollars because of injury to or destruction
of property of others in any one accident.
(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.
(b) For purposes of this subsection
(6.5), "complying policy" means a policy of insurance
as defined in section 104703 (2), C.R.S.
(9) "Motor
vehicle liability policy", "operators' policy of liability
insurance", or "financial responsibility bond"
means a policy or bond certified as proof of financial responsibility
for the future.
(14) (a) "Proof
of financial responsibility for the future", also referred
to in this article as proof of financial responsibility, means
proof of ability to respond in damages for liability, on account
of accidents occurring after the effective date of said proof,
arising out of the ownership, maintenance, or use of a motor vehicle,
in the amount of twentyfive thousand dollars because of
bodily injury to or death of one person in any one accident, and,
subject to said limit for one person, in the amount of fifty thousand
dollars because of bodily injury to or death of two or more persons
in any one accident. and in the amount of fifteen thousand dollars
because of injury to or destruction of property of others in any
one accident.
(b) For purposes of this title,
the form known as the "SR22" furnished to the
department may be used as proof of financial responsibility in
compliance with this article.
SECTION 14. 427201 (2) (c) and (2) (e), Colorado Revised Statutes, are amended to read:
427201. Director to administer
article. (2) (c) If the
person, for the protection of the public interest and safety,
files or has filed with the director
evidence of current liability insurance in the driver's name,
or has made a deposit as provided
in section 427418, the request for hearing shall also
postpone the date on which the affected person's license or nonresident's
operating privilege would otherwise be suspended.
(e) In any action for judicial review
of the action of the director, the court, upon application for
a hearing on the question of irreparable injury with three days'
notice to the director of such hearing and upon a finding by the
court at such hearing that irreparable injury to the affected
person would otherwise result, may order that the filing of the
action shall operate to postpone the effective date of the director's
order or act, in which event the court may also impose the condition,
for the protection of the public interest and safety, that the
person bringing the action shall obtain and maintain during the
pendency of the action an automobile
liability policy or bond ADEQUATE
FINANCIAL ARRANGEMENTS or deposit of security as provided in section
427418. The procedure in all other respects upon
review shall be in accordance with the applicable provision of
section 244106, C.R.S.
SECTION 15. 427202 (1), (2), and (3), Colorado Revised Statutes, are amended to read:
427202. Report of accident
required. (1) The operator
or owner of every motor vehicle which
THAT is in any manner involved in an accident in which any person
is killed or injured or in which damage to any property is sustained,
within ten days after such accident, shall report the matter in
writing to the director. unless the
insurance information has been provided to law enforcement as
required in section 4241606 (4).
If such operator is physically incapable of making such report
and is not the owner of the motor vehicle involved, the owner
of the motor vehicle involved in the accident shall, within ten
days after learning of the accident, make such report. If the
operator and owner are the same person and such person is physically
incapable of making such report within the required tenday
period, such person may designate some other person to make the
report on behalf of such person or shall file the report as soon
as such person is able to do so.
(2) The accident
report required under this section, the form of which shall be
prescribed by the director, shall contain information to enable
the director to determine whether the requirements for the filing
of security and proof of financial responsibility for the future
are inapplicable by reason of the existence of insurance at the
time of the accident or other exceptions.
The operator or the owner of the motor vehicle involved in the
accident shall make such additional reports relating thereto as
the director requires.
(3) The director
may rely upon the accuracy of information as to insurance or bond
contained in written statements required under part 3 of this
article or under section 4241606 unless and until
the director has reason to believe that such information is erroneous.
SECTION 16. 427301.5 (1) and (2), Colorado Revised Statutes, are amended to read:
427301.5. Proof of adequate
financial arrangements. (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 THAT SUCH PERSON HAS
MADE ADEQUATE FINANCIAL ARRANGEMENTS 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 FOR THE PURPOSE OF PROVING THAT ADEQUATE FINANCIAL ARRANGEMENTS HAVE BEEN MADE 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.
SECTION 17. 427303, Colorado Revised Statutes, is amended to read:
427303. Duration of suspension.
(1) The
license or nonresident's operating privilege suspended under sections
SECTION 427202 and 427301
shall remain so suspended and not be renewed, nor shall any such
license be issued to such person, unless there
is filed with the director evidence satisfactory to the director
that such person has been released from liability, has entered
into a contract used as security pursuant to section 427301
(7), or has been finally adjudicated not liable, or
AND until THE PERIOD OF SUCH SUSPENSION IS SATISFIED OR VACATED.
(a) Such person deposits and files
or there has been deposited and filed on behalf of such person
the security and proof of financial responsibility for the future
required under section 427301; or
(b) Three years have elapsed following
the date of such accident and evidence satisfactory to the director
has been filed with the director that during such period no action
for damages arising out of such accident has been instituted,
and such person has filed or then files and maintains proof of
financial responsibility for the future as provided in section
427408; except that a contract used as security pursuant
to section 427301 (7) may provide for a different
period of time; or
(c) Three years have elapsed since
the failure to timely cure any default, after notice, under a
contract used as security pursuant to section 427301
(7) and evidence satisfactory to the director has been filed with
the division showing that no civil action to enforce the contract
has been filed during such period of time.
(2) If the director determines
that the driver is not responsible for any damages to any other
party as a result of the accident, the driver may:
(a) Prevent a suspension from
occurring by filing future proof of liability insurance pursuant
to section 427408; or
(b) Reinstate a license, if a
suspension has already occurred, by filing future proof of liability
insurance pursuant to section 427408 and paying the
reinstatement fee.
SECTION 18. 427402 (1), Colorado Revised Statutes, is amended to read:
427402. Suspension, duration,
bankruptcy. (1) The suspension
required in section 427401 shall remain in effect
and no new license shall be issued to such person unless and until
such judgment is satisfied or vacated or execution therein stayed,
and proof of financial responsibility
given, except under the conditions
stated in this article.
SECTION 190 427403 (1), Colorado Revised Statutes, is amended to read:
427403. Sufficiency of payments. (1) Every judgment referred to in this article and for the purposes of this article shall be deemed satisfied:
(a) When twentyfive thousand dollars has been credited upon any judgment rendered in excess of that amount for or on account of bodily injury to or the death of one person as the result of any one accident; or
(b) When, subject to said limit of twentyfive thousand dollars as to one person, the sum of fifty thousand dollars has been credited upon any judgment rendered in excess of that amount for or on account of bodily injury to or the death of more than one person as the result of any one accident; or
(c) When fifteen thousand dollars has been credited upon any judgment rendered in excess of that amount for damage to property of others in excess of one hundred dollars as a result of any one accident; or
(d) When six years have elapsed since
the date that such judgment became final. or
(e) When three
years, or such other period as authorized pursuant to section
427408 (1), have elapsed since the judgment debtor
gives proof of financial responsibility; except that this paragraph
(e) shall not apply to any judgment debtor subject to paragraph
(d) of this subsection (1).
SECTION 200 427404 (1), Colorado Revised Statutes, is amended to read:
427404. Payment of judgment
in installments. (1) The director
shall not suspend a license and shall restore any suspended license
following nonpayment of a final judgment when the judgment debtor
gives proof of financial responsibility
and obtains an order from the trial
court in which such judgment was rendered permitting the payment
of such judgment in installments of not less than twentyfive
dollars per month, while the payment of any said installment is
not in default.
SECTION 210 427405, Colorado Revised Statutes, is amended to read:
427405. Suspension upon
second judgment. After one judgment is
satisfied and proof of financial responsibility
is given as required in this article
and another such judgment is rendered against the judgment debtor
for any accident occurring prior to the date of
the giving of said proof SUCH JUDGMENT
IS SATISFIED and such person fails to satisfy the latter judgment
within the amounts specified in this article within thirty days
after the same becomes final, the director shall again suspend
the license of such judgment debtor and shall not renew the same
nor issue to the judgment debtor any license while such latter
judgment remains in effect and unsatisfied within the amounts
specified in this article.
SECTION 220 The introductory portion to 427414 (2) and 427414 (2) (g), Colorado Revised Statutes, are amended to read:
427414. Requirements to
be complied with. (2) Every
motor vehicle liability policy and every operator's policy of
liability insurance accepted as proof
under this article shall be subject
to the following provisions whether or not contained therein:
(g) When any insurance carrier authorized
to do business within the state of Colorado issues a policy of
automobile insurance insuring against bodily injury, death, or
injury to or destruction of property, or
showing financial responsibility,
except a binder, a complete copy of the insurance policy shall
be transmitted to the purchaser within thirty days of
AFTER the purchase thereof; except that, when such policy is renewed,
only a copy of the notice of renewal shall be required. Mailing
of the copy of the policy to the address of the purchaser as given
at the time of purchase shall be deemed to be a transmittal as
required by this section.
SECTION 230 427417 (1), Colorado Revised Statutes, is amended to read:
427417. Article not to
affect other policies. (1) This
article shall not be held to apply to or affect policies of automobile
insurance against liability which
THAT may be required by any other law of this state. and
such policies, if endorsed to conform to the requirements of this
article, shall be accepted as proof of financial responsibility
when required under this article.
SECTION 240 427502 (1) and (4), Colorado Revised Statutes, are amended to read:
427502. Action against
nonresident reciprocity with other states.
(1) All of the provisions of this article shall apply
to any person who is not a resident of this state, and if such
nonresident has been convicted of an offense which
THAT would require the suspension or revocation of the license
of a resident, or if such nonresident has failed to satisfy a
judgment within thirty days after the same became final which
THAT would require suspension or revocation under this article
in respect to a resident, then in either such event such nonresident
shall not operate any motor vehicle in this state, and the director
shall not issue to such nonresident any license unless and until
such nonresident gives proof of financial
responsibility and satisfies any
such judgment as is required with respect to a resident of this
state.
(4) Upon receipt of certification that
the operating privilege of a resident of this state has been suspended
or revoked in any such other state pursuant to a law providing
for its suspension or revocation for failure to deposit security
for the payment of judgments arising out of a motor vehicle accident
or for failure to deposit security and furnish a statement evidencing
that the resident is insured under an automobile liability insurance
policy or bond or for failure to file and maintain proof of financial
responsibility, under circumstances
which would require the director to suspend a nonresident's operating
privilege had the accident occurred in this state,
the director shall suspend the license of such resident. Such
suspension shall continue until such resident furnishes evidence
of compliance with the law of such other state relating to the
deposit of such security and until such resident furnishes the
statement evidencing automobile liability insurance or a bond,
or, as the case may be, files proof of financial responsibility,
if required by such law.
SECTION 250 427504, Colorado Revised Statutes, is amended to read:
427504. Matters not to
be evidence in litigation. (1) Except
as provided in subsection (2) of this section, neither
the report required by section 427202, any action
taken by the director pursuant to this article, any judgment or
court decision on appeal therefrom, AND the findings, if any,
of the director upon which said action is based nor
the security deposited, statement evidencing automobile liability
insurance or bond or proof of financial responsibility filed as
provided in this article shall NOT
be referred to in any way nor be any evidence of the negligence
or due care of either party at the trial of any action at law
to recover damages or in any criminal proceeding arising out of
a motor vehicle accident. This section shall not be applicable
with respect to any action brought by the director to enforce
the provisions of this article.
(2) For the purposes of any civil trial,
civil hearing, or arbitration held in
relation to uninsured or underinsured motorist insurance coverage
where the question of the existence of automobile liability insurance
is an issue or when the amount of such insurance is an issue,
WITH RESPECT TO WHETHER THERE IS AN ADEQUATE FINANCIAL ARRANGEMENT,
the director shall issue, upon request, a certificate under seal
evidencing the information contained in reports filed pursuant
to section 427202. The certificate shall contain
the motor vehicle operator's name, address, date of birth, and
driver's license number AND the date of the accident. and
a statement indicating whether or not the records indicate that
the owner or operator had in effect at the time of the accident
an effective automobile liability policy and, if such a policy
was in effect, the amount of coverage, the name of the insurer,
and the number of the policy. Such
certificate shall be prima facie evidence of the facts contained
therein. In any civil trial, civil
hearing, or arbitration held in relation to uninsured or underinsured
motorist insurance coverage, if the certificate indicates that
no report has been filed within the prescribed time, it shall
be presumed in any civil trial, civil hearing, or arbitration
held in relation to uninsured or underinsured motorist insurance
coverage that the owner or operator did not have any automobile
liability insurance. The director
shall collect for each such certificate an amount sufficient to
defray the costs of administration of this section. Any such
amount shall be included as a cost of the action.
SECTION 260 427505, Colorado Revised Statutes, is amended to read:
427505. Forging ability
to respond in damages. Any person who
forges or without authority signs any evidence of ability to respond
in damages or who furnishes the director
with a false statement evidencing that such person is insured
under an automobile liability policy or bond, as required by the
director in the administration of this article,
is guilty of a misdemeanor and, upon conviction thereof, shall
be punished by a fine of not less than one hundred dollars nor
more than one thousand dollars, or by imprisonment in the county
jail for not more than ninety days, or by both such fine and imprisonment.
SECTION 270 4241606 (4), Colorado Revised Statutes, is amended to read:
4241606. Duty to report
accidents. (4) (a) (I) It
is the duty of all law enforcement officers who receive notification
of traffic accidents within their respective jurisdictions or
who investigate such accidents either at the time of or at the
scene of the accident or thereafter by interviewing participants
or witnesses to submit reports of all such accidents to the department
on the form provided including insurance
information received from any driver,
within five days of
AFTER the time they receive such information or complete their
investigation. The law enforcement officer shall indicate in
such report whether the inflatable restraint system in the vehicle,
if any, inflated and deployed in the accident. For the purposes
of this section, "inflatable restraint system" has the
same meaning as set forth in 49 C.F.R. sec. 507.208 S4.1.5.1 (b).
(II) If a
report filed by a law enforcement officer pursuant to this section
specifies that the driver was not insured at the time of the accident,
the director may take appropriate action against such driver in
accordance with the provisions of section 427202.
(b) The law enforcement officer shall not be required to complete an investigation or file an accident report:
(I) In the case of a traffic accident
involving a motor vehicle, if the law enforcement officer has
a reasonable basis to believe that damage to the property of any
one person does not exceed one thousand dollars and if the traffic
accident does not involve injury to or death of any person; except
that the officer shall complete an investigation and file a report
if specifically requested to do so by one of the participants
or if one of the participants cannot show proof of insurance;
or
(II) In the case of a traffic accident not involving a motor vehicle, if the traffic accident does not involve serious bodily injury to or death of any person.
SECTION 280 Repeal. 104609, 104703 (2) and (11), 104706.5, 104707.5, 104710, 104713, 104714, 104715, 104716, 422127.7, 4241409, 4241410, 427301, 427302, 427304, 427406, 427408, 427409, 427410, 427411, 427412, 427413, 427415, 427416, 427418, 427419, 427420, 427421, 427422, 427501, and part 6 of article 7 of title 42, Colorado Revised Statutes, are repealed.
SECTION 290 Effective date applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
(2) The provisions of this act shall apply to motor vehicle accidents occurring on or after the applicable effective date of this act.