Colorado § 42-7-604 - Motorist insurance identification database program - creation - administration - selection of designated agent - legislative declaration.

§ 42-7-604. Motorist insurance identification database program - creation - 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 and in articles 3 and 4 of this title. The program shall be administered by the department.

(4) (a) The department shall monitor compliance with the financial security requirements of this article and may contract with a designated agent to monitor such compliance with the financial security requirements of this article. If the department contracts with a designated agent, the agent shall be authorized to perform all functions of the department delegated to the agent in the 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, and the department.

(5) (a) The department or its designated agent, using its own computer network, shall develop and maintain a computer database with information provided by:

(I) Insurers, pursuant to section 10-4-615, C.R.S.; except that any person who qualifies as self-insured pursuant to section 10-4-624, C.R.S., shall not be required to provide information to the department; and

(II) The department shall compare the make, year, and vehicle identification number of all registered vehicles to policy information provided by insurers.

(b) The department shall establish guidelines for the development and maintenance of a database so that the database can easily be accessed by state and local law enforcement agencies.

(c) The department shall:

(I) Provide an internet option that allows insurers and their agents, including commercial insurers, to submit insurance information directly to the designated agent. Each insurer shall cooperate with the verification process.

(II) Provide a reasonable and adequate quality control process to ensure the accurate input of data, including the vehicle identification numbers and insurance information;

(III) (Deleted by amendment, L. 2006, p. 1011, § 7, effective July 1, 2006.)

(IV) Provide each county clerk access to the most currently available data from the database of insurance information.

(6) The department shall, at least weekly:

(a) Update the database with information provided by insurers in accordance with section 10-4-615, C.R.S.;

(b) Compare then-current motor vehicle registrations against the database.

(6.5) and (7) Repealed.

(8) The department, in cooperation with the division of insurance, 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.

Source: L. 97: Entire section added, p. 1448, § 6, effective July 1. L. 98: (3) amended, p. 787, § 4, effective July 1, 1999. L. 2000: (3), (4), (5)(a)(II), (5)(b), (7), and (8) amended, p. 1649, § 44, effective June 1. L. 2002: (7) amended, p. 1034, § 77, effective June 1; (7) amended, p. 872, § 10, effective August 7. L. 2003: (5)(c) added and (6.5) and (7) repealed, pp. 2649, 2650, §§ 12, 13, effective July 1. L. 2004: (5)(a)(I) amended, p. 907, § 37, effective May 21; (5)(a)(I) and (5)(c)(III) amended, p. 795, § 6, effective January 1, 2005. L. 2006: (4)(a), (5), IP(6) amended, p. 1011, § 7, effective July 1.

Editor's note: Amendments to subsection (7) by Senate Bill 02-159 and House Bill 02-1341 were harmonized.