reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LIFE AND HEALTH INSURANCE PROTECTION (§§ 10-20-101 — 10-20-120) › Article 20 - LIFE AND HEALTH INSURANCE PROTECTION ASSOCIATION (§§ 10-20-101 — 10-20-120) › Section 10-20-102 - Legislative declaration

(1)
The general assembly finds and declares that the purpose of this article 20 is to protect, subject to certain limitations, the persons specified in section
10-20-104 (1)
against failure by member insurers in the performance of their contractual obligations under life insurance policies, health insurance policies, health benefit plans, and annuity policies, plans, or contracts specified in section
10-20-104 (2)
because of the insolvency of the member insurer that issued the policies, plans, or contracts.
(2)
To provide the protection specified in subsection (1) of this section, an association of member insurers shall be created and shall exist to pay benefits and to continue coverages as limited pursuant to this article 20. Member insurers of the association are subject to assessment to provide funds to carry out the purpose of this article 20.
Amended by 2023 Ch. 195,§ 3, eff. 5/15/2023.
L. 91: Entire article added, p. 1256, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LIFE AND HEALTH INSURANCE PROTECTION (§§ 10-20-101 — 10-20-120) › Article 20 - LIFE AND HEALTH INSURANCE PROTECTION ASSOCIATION (§§ 10-20-101 — 10-20-120) › Section 10-20-105 - Construction

This article shall be construed to effect the purpose set forth in section
10-20-102
, which shall constitute an aid and guide to interpretation.
L. 91: Entire article added, p. 1261, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LIFE AND HEALTH INSURANCE PROTECTION (§§ 10-20-101 — 10-20-120) › Article 20 - LIFE AND HEALTH INSURANCE PROTECTION ASSOCIATION (§§ 10-20-101 — 10-20-120) › Section 10-20-106 - Creation of the association

(1)
There is hereby created a private nonprofit legal entity to be known as the life and health insurance protection association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance or health maintenance organization business in this state. The association shall perform its functions pursuant to the plan of operation specified in section
10-20-110
and shall exercise its powers through the board of directors provided in section
10-20-107
. For purposes of administration and assessment, the association shall maintain three accounts:
(a)
The life insurance account;
(b)
The health insurance account; and
(c)
The annuity account.
(2)
The association is under the supervision of the commissioner and is subject to the applicable provisions of the insurance laws of this state. Meetings or records of the association may be opened to the public consistent with the provisions of the insurance laws of Colorado upon majority vote of the board.
Amended by 2023 Ch. 195,§ 6, eff. 5/15/2023.
Amended by 2013 Ch. 34, § 3, eff. 3/15/2013.
L. 91: Entire article added, p. 1261, § 1, effective July 1. L. 2013: (2) amended, (SB 13-032), ch. 34, p. 87, § 3, effective March 15.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LIFE AND HEALTH INSURANCE PROTECTION (§§ 10-20-101 — 10-20-120) › Article 20 - LIFE AND HEALTH INSURANCE PROTECTION ASSOCIATION (§§ 10-20-101 — 10-20-120) › Section 10-20-107 - Board of directors

(1)
The board of directors of the association consists of no fewer than seven nor more than eleven member insurers serving terms as established in the plan of operation. Member insurers shall select members of the board, subject to the approval of the commissioner. If a vacancy occurs, the remaining board members shall fill the vacancy for the remaining period of the term by a majority vote, subject to the approval of the commissioner. To select the first board and initially organize the association, the commissioner shall give notice to all member insurers of the time and place of the organizational meeting. At the organizational meeting, each member insurer is entitled to one vote in person or by proxy. If the board is not selected within sixty days after notice of the organizational meeting, the commissioner may appoint the initial members.
(2)
In approving selections or in appointing members to the board, the commissioner shall ensure that all member insurers are fairly represented between member insurers that write primarily life insurance or annuity contracts and member insurers that write primarily health benefit plans. The commissioner shall also consider whether member insurers with experience in providing large group health benefit plans to employers whose employees are subject to a collective bargaining agreement are represented on the board.
(3)
Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board, but members of the board shall not otherwise be compensated by the association for their services.
Amended by 2023 Ch. 195,§ 7, eff. 5/15/2023.
L. 91: Entire article added, p. 1262, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LIFE AND HEALTH INSURANCE PROTECTION (§§ 10-20-101 — 10-20-120) › Article 20 - LIFE AND HEALTH INSURANCE PROTECTION ASSOCIATION (§§ 10-20-101 — 10-20-120) › Section 10-20-111 - Powers and duties of the commissioner

(1)
In addition to any other powers and duties specified in this article 20, the commissioner shall:
(a)
Upon request of the board, provide the association with a statement of the premiums in this and any other appropriate states for each member insurer;
(b)
Notify the board of the existence of an impaired or insolvent insurer not later than three days after a determination of impairment or insolvency is made by the commissioner, irrespective of limitations imposed upon the commissioner in section
10-3-401
;
(c)
In any liquidation proceeding involving a domestic member insurer, be appointed as the liquidator.
(2)
The commissioner may suspend or revoke, after notice and hearing, the certificate of authority or license to transact insurance or the business of a health maintenance organization in this state of any member insurer that fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a forfeiture on any member insurer that fails to pay an assessment when due. The forfeiture must not exceed five percent of the unpaid assessment per month, but a forfeiture must not be less than one hundred dollars per month.
(3)
The conservator, rehabilitator, or liquidator of any impaired or insolvent insurer shall notify all interested persons of the effect of this article.
Amended by 2023 Ch. 195,§ 11, eff. 5/15/2023.
Amended by 2013 Ch. 34, § 7, eff. 3/15/2013.
L. 91: Entire article added, p. 1274, § 1, effective July 1. L. 2013: (1)(b) and (3) amended, (SB 13-032), ch. 34, p. 97, § 7, effective March 15.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LIFE AND HEALTH INSURANCE PROTECTION (§§ 10-20-101 — 10-20-120) › Article 20 - LIFE AND HEALTH INSURANCE PROTECTION ASSOCIATION (§§ 10-20-101 — 10-20-120) › Section 10-20-115 - Examination of the association - annual report

The association shall be subject to examination and regulation by the commissioner. The board shall submit to the commissioner each year, not later than one hundred twenty days after the close of the fiscal year of the association, a financial report in a form approved by the commissioner, and a report of the activities of the board during the preceding fiscal year.
L. 91: Entire article added, p. 1280, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LIFE AND HEALTH INSURANCE PROTECTION (§§ 10-20-101 — 10-20-120) › Article 20 - LIFE AND HEALTH INSURANCE PROTECTION ASSOCIATION (§§ 10-20-101 — 10-20-120) › Section 10-20-116 - Tax exemptions

The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real and personal property.
L. 91: Entire article added, p. 1280, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LIFE AND HEALTH INSURANCE PROTECTION (§§ 10-20-101 — 10-20-120) › Article 20 - LIFE AND HEALTH INSURANCE PROTECTION ASSOCIATION (§§ 10-20-101 — 10-20-120) › Section 10-20-117 - Immunity

There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, its agents, or its employees, the association, its agents, or its employees, members of the board or the commissioner or his representatives for any action or omission by them in the performance of their powers and duties pursuant to this article. Such immunity shall extend to the participation in any organization of one or more other state associations of similar purposes and to any such organization and its agents or employees.
L. 91: Entire article added, p. 1280, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LIFE AND HEALTH INSURANCE PROTECTION (§§ 10-20-101 — 10-20-120) › Article 20 - LIFE AND HEALTH INSURANCE PROTECTION ASSOCIATION (§§ 10-20-101 — 10-20-120) › Section 10-20-118 - Stay of proceedings - reopening default judgments

All proceedings in which the impaired or insolvent insurer is a party in any court in this state shall be stayed for one hundred eighty days after the date an order of conservation, rehabilitation, or liquidation is final to permit proper legal action by the association on any matters germane to its powers or duties. As to judgment under any decision, order, verdict, or finding based on default, the association may apply to have the judgment set aside by the same court that issued the judgment and shall be permitted to defend against such suit on the merits.
Amended by 2013 Ch. 34,§ 10, eff. 3/15/2013.
L. 91: Entire article added, p. 1280, § 1, effective July 1. L. 2013: Entire section amended, (SB 13-032), ch. 34, p. 99, § 10, effective March 15.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LIFE AND HEALTH INSURANCE PROTECTION (§§ 10-20-101 — 10-20-120) › Article 20 - LIFE AND HEALTH INSURANCE PROTECTION ASSOCIATION (§§ 10-20-101 — 10-20-120) › Section 10-20-120 - Prospective application

This article 20, as amended, does not apply to any member insurer that is declared insolvent on or before May 15, 2023.
Amended by 2023 Ch. 195,§ 16, eff. 5/15/2023.
L. 91: Entire article added, p. 1282, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › HEALTH CARE (§§ 10-21-101 — 10-22.5-101) › Article 21 - [Repealed] THE COLORADO CARE HEALTH INSURANCE PROGRAM (§ 10-21-101) › Section 10-21-101 - to 10-21-106 - [Repealed]

L. 2004: Entire article repealed, p. 1011, § 23, effective August 4.
This article was added in 1992.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › HEALTH CARE (§§ 10-21-101 — 10-22.5-101) › Article 22 - COLORADO HEALTH BENEFIT EXCHANGE (§§ 10-22-101 — 10-22-115) › Section 10-22-101 - Short title

This article is known and may be cited as the "Colorado Health Benefit Exchange Act".
L. 2011: Entire article added, (SB 11-200), ch. 246, p. 1073, §1, effective June 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › HEALTH CARE (§§ 10-21-101 — 10-22.5-101) › Article 22 - COLORADO HEALTH BENEFIT EXCHANGE (§§ 10-22-101 — 10-22-115) › Section 10-22-102 - Legislative declaration - intent

The general assembly determines and declares that with the March 23, 2010, enactment of the federal "Patient Protection and Affordable Care Act", Pub.L. 111-148, and the March 30, 2010, enactment of the "Health Care and Education Reconciliation Act of 2010", Pub.L. 111-152, which allow each state to establish a health benefit exchange through state law or opt to participate in a national health benefit exchange operated by the federal department of health and human services, and although there are numerous federal lawsuits challenging the constitutionality of the federal act in multiple federal courts, the best option for the state of Colorado is to establish a health benefit exchange at the state level. The general assembly further finds that the federal act requires each state to establish a health benefit exchange to perform certain duties and to assume certain responsibilities set forth in the federal act or make sufficient progress in the creation of a health benefit exchange by January 1, 2013, or default to a federally run national health benefit exchange. Therefore, the general assembly intends to create a health benefit exchange to fit the unique needs of Colorado, seek Colorado-specific solutions, and explore the maximum number of options available to the state of Colorado. The Colorado health benefit exchange, including an American health benefit exchange, is intended to facilitate the access to and enrollment in health plans in the individual market in this state and include a small business health options program to assist small employers in this state in facilitating the enrollment of their employees in health plans offered in the small employer market. The intent of the Colorado health benefit exchange is to increase access, affordability, and choice for individuals and small employers purchasing health insurance in Colorado.
L. 2011: Entire article added, (SB 11 -200), ch. 246, p. 1073, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › HEALTH CARE (§§ 10-21-101 — 10-22.5-101) › Article 22 - COLORADO HEALTH BENEFIT EXCHANGE (§§ 10-22-101 — 10-22-115) › Section 10-22-104 - Health benefit exchange - creation

There is hereby created a nonprofit unincorporated public entity known as the health benefit exchange. The board of directors shall govern the operation of the exchange. The board shall determine and establish the development, governance, and operation of the exchange. The exchange is an instrumentality of the state; except that the debts and liabilities of the exchange do not constitute the debts and liabilities of the state, and neither the exchange nor the board is an agency of the state. The board does not have the authority to promulgate rules pursuant to the "State Administrative Procedure Act", article
4
of title
24
, C.R.S. The exchange shall not duplicate or replace the duties of the commissioner established in section
10-1-108
, including rate approval, except as directed by the federal act. The exchange shall foster a competitive marketplace for insurance and shall not solicit bids or engage in the active purchasing of insurance. All carriers authorized to conduct business in this state may be eligible to participate in the exchange.
L. 2011: Entire article added, (SB 11-200), ch. 246, p. 1074, §1, effective June 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › HEALTH CARE (§§ 10-21-101 — 10-22.5-101) › Article 22 - COLORADO HEALTH BENEFIT EXCHANGE (§§ 10-22-101 — 10-22-115) › Section 10-22-108 - Moneys for implementation, operation, and sustainability of the exchange

Moneys received by the board for the implementation of this article, and for building reserves for the operation and sustainability of the exchange pursuant to section
10-22-109
, must be transferred directly to the exchange for the purposes of this article. The board shall deposit any moneys received in a banking institution within or outside the state. Moneys from the general fund shall not be used for the implementation of this article, except for the sums specified in section
10-22-107(3)
and for legislative staff agency services. The account of the banking institution must be insured by the federal deposit insurance corporation and compliant with the "Public Deposit Protection Act", article
10.5
of title
11
, C.R.S.
Amended by 2013 Ch. 258,§ 4, eff. 5/23/2013.
L. 2011: Entire article added, (SB 11-200), ch. 246, p. 1079, §1, effective June 1. L. 2013: Entire section amended, (HB 13-1245), ch. 258, p. 1360, § 4, effective May 23.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › HEALTH CARE (§§ 10-21-101 — 10-22.5-101) › Article 22 - COLORADO HEALTH BENEFIT EXCHANGE (§§ 10-22-101 — 10-22-115) › Section 10-22-111 - Tax exemption

The exchange is exempt from any tax levied by this state or any of its political subdivisions.
Added by 2013 Ch. 258,§ 5, eff. 5/23/2013.
L. 2013: Entire section added, (HB 13-1245), ch. 258, p. 1364, § 5, effective May 23.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › HEALTH CARE (§§ 10-21-101 — 10-22.5-101) › Article 22 - COLORADO HEALTH BENEFIT EXCHANGE (§§ 10-22-101 — 10-22-115) › Section 10-22-112 - Health benefit exchange - referral to private insurance brokers - fees - rules

(1)
The exchange shall include the following in its protocol for interacting with consumers in order to assist consumers in enrolling in health benefit plans: Upon a consumer's contact with the exchange when seeking assistance in selecting a qualified health plan, whether online or by telephone, the exchange shall inform the consumer that he or she has the option of selecting coverage online, with the assistance of a navigator, or with the assistance of a qualified insurance broker. The exchange shall inform the consumer that a navigator may assist with a health benefit plan selection but may not offer advice on a health benefit plan based on the consumer's individual situation, whereas a qualified broker may offer advice based on the consumer's personal and family situation.
(2)
The exchange shall maintain online tools that allow insurance brokers to develop and maintain client relationships for customers who are eligible to enroll in private health benefit plans, when appropriate, if the client requests this option.
(3)
(a)
An insurance broker may charge a client a fee for advising the client on the selection of an individual health benefit plan offered on the exchange only if the broker:
(I)
Will not receive a commission from the insurer offering the individual health benefit plan selected by the client; and
(II)
Provides a written disclosure to the client if the broker will charge a fee for the service.
(b)
The commissioner may promulgate rules regarding the form and manner by which an insurance broker must provide the disclosure required by this subsection (3). The rules shall include a prohibition on a broker charging a fee to assist a client to enroll in medicaid or the children's basic health plan, as defined in section
25.5-8-103 (2)
.
Amended by 2018 Ch. 118, § 2, eff. 8/8/2018.
Added by 2016 Ch. 296, § 1, eff. 6/10/2016.
L. 2016: Entire section added, (SB 16-006), ch. 296, p. 1204, § 1, effective June 10. L. 2018: Entire section amended, (SB 18-136), ch. 118, p. 818, § 2, effective August 8.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › HEALTH CARE (§§ 10-21-101 — 10-22.5-101) › Article 22 - COLORADO HEALTH BENEFIT EXCHANGE (§§ 10-22-101 — 10-22-115) › Section 10-22-114 - Standardized plan survey - repeal

(1)
The exchange shall conduct a survey in collaboration with the division that addresses the experience of consumers who purchased the standardized health benefit plan established pursuant to section
10-16-1304
. The survey must be completed on or before January 1, 2026.
(2)
This section is repealed, effective July 1, 2026.
Added by 2021 Ch. 241, § 4, eff. 6/16/2021.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › HEALTH CARE (§§ 10-21-101 — 10-22.5-101) › Article 22 - COLORADO HEALTH BENEFIT EXCHANGE (§§ 10-22-101 — 10-22-115) › Section 10-22-115 - Public awareness and education campaign - board - report - repeal

(1)
(a)
On or before July 1, 2023, the board shall create and implement a public awareness and education campaign in order to educate consumers in Colorado regarding the options for obtaining health-care coverage.
(b)
(I)
On or before September 1, 2023, the board shall use the public awareness and education campaign to educate consumers in Colorado on how to attain and retain health-care coverage based on their health-care needs and financial circumstances so they can access the health care they need. The campaign must include efforts to:
(A)
Improve health literacy among consumers in Colorado;
(B)
Assist consumers in Colorado who lose minimum essential coverage; and
(C)
Reduce the number of individuals eligible for health-care coverage who remain uninsured or without health-care coverage.
(II)
The campaign must include information about eligibility and costs where practicable.
(c)
The public awareness and education campaign must include marketing and outreach to help consumers in this state who, at the end of the COVID-19 public health emergency as declared and extended by the United States secretary of health and human services, are no longer eligible for benefits under the "Colorado Medical Assistance Act", articles
4
,
5
, and
6
of title
25.5
, or the "Children's Basic Health Plan Act", article
8
of title
25.5
, to understand coverage options and to transition to health-care coverage obtained through the exchange.
(d)
The board may use print or electronic media, written material, social media, direct mail, or any effective means of outreach to create awareness and educate consumers throughout the campaign.
(2)
The board shall annually report to the committee at the first scheduled meeting of the committee each calendar year starting in 2024. The board shall include in the report the following information:
(a)
The public awareness and education campaign activities of the board in the prior calendar year;
(b)
The amount of money spent on the campaign in the prior calendar year and a detailed accounting of how the money was spent; and
(c)
Any recommendations of the board concerning changes to the public awareness and education campaign and the continuation or repeal of the duties of the board concerning the campaign.
(3)
This section is repealed, effective December 31, 2028. The committee may report a bill to the legislative council of the general assembly pursuant to section
10-22-107(5)
to extend or eliminate the repeal date in this section.
Added by 2022 Ch. 448,§1, eff. 8/10/2022.
2022 Ch. 448, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › HEALTH CARE (§§ 10-21-101 — 10-22.5-101) › Article 22.3 - OPIOID AND OTHER SUBSTANCE USE DISORDERS STUDY COMMITTEE (§§ 10-22.3-101 — 10-22.3-102) › Section 10-22.3-102 - [Effective Until 8/7/2024] Repeal of article

This article 22.3 is repealed, effective September 1, 2024.
Amended by 2020 Ch. 186, § 2, eff. 6/30/2020.
Added by 2018 Ch. 224, § 1, eff. 5/21/2018.
L. 2018: Entire article added, (HB 18-1003), ch. 224, p. 1427, § 1, effective May 21.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › HEALTH CARE (§§ 10-21-101 — 10-22.5-101) › Article 22.3 - OPIOID AND OTHER SUBSTANCE USE DISORDERS STUDY COMMITTEE (§§ 10-22.3-101 — 10-22.3-102) › Section 10-22.3-102 - [Effective 8/7/2024] Repeal of article

This article 22.3 is repealed, effective September 1, 2026.
Amended by 2024 Ch. 470,§ 30, eff. 8/7/2024.
Amended by 2020 Ch. 186, § 2, eff. 6/30/2020.
Added by 2018 Ch. 224, § 1, eff. 5/21/2018.
L. 2018: Entire article added, (HB 18-1003), ch. 224, p. 1427, § 1, effective May 21.
2024 Ch. 470, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › HEALTH CARE (§§ 10-21-101 — 10-22.5-101) › Article 22.5 - [Repealed] COLORADO HIGH-RISK HEALTH CARE COVERAGE STUDY (§ 10-22.5-101) › Section 10-22.5-101 - to 10-22.5-106 - [Repealed]

(1) This article was added in 2017 and was not amended prior to its repeal in 2018.
(2) Section 10-22.5-106 provided for the repeal of this article, effective June 30, 2018. (See L. 2017, p. 1692.)
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › CASH-BONDING AGENTS (§§ 10-23-101 — 10-23-110) › Article 23 - CASH-BONDING AGENTS (§§ 10-23-101 — 10-23-110) › Section 10-23-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Cash-bonding agent" means a person who was licensed by the division as of January 1, 1992, to write bail bonds as a cash-bonding agent.
(2)
"On the board" means that the name of the person has been publicly posted or disseminated by a court as being ineligible to write bail bonds under section
16-4-114(5)(e) or (5)(f)
, C.R.S.
(3)
"Professional cash-bail agent" means a person who furnishes bail for compensation in any court or courts in this state in connection with judicial proceedings by posting a bond with the division. "Professional cash-bail agent" does not mean a full-time salaried officer or employee of an insurer nor a person who pledges United States currency, a United States postal money order, a cashier's check, or other property in connection with a judicial proceeding, whether for compensation or otherwise.
Amended by 2013 Ch. 202,§ 7, eff. 5/11/2013.
L. 2012: Entire article added with relocations, (HB 12-1266), ch. 280, p. 1509, § 41, effective July 1. L. 2013: (2) amended, (HB 13-1236), ch. 202, p. 841, § 7, effective May 11.
This section is similar to former § 12-7-101 as it existed prior to 2012.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › CASH-BONDING AGENTS (§§ 10-23-101 — 10-23-110) › Article 23 - CASH-BONDING AGENTS (§§ 10-23-101 — 10-23-110) › Section 10-23-102 - Registration required - qualifications - enforcement

(1)
No person qualifies to be a professional cash-bail agent unless the person registers with the division. However, any bail bonding agent who was licensed by the division as of January 1, 1992, to write bail bonds as a cash-bonding agent may continue to be registered upon compliance with the other requirements of this article.
(2)
No firm, partnership, association, or corporation, as such, shall be registered. No person engaged as a law enforcement or judicial officer shall be registered as a cash-bonding agent or professional cash-bail agent.
(3)
(a)
All registrations expire in accordance with a schedule established by the commissioner, and the registrant shall renew or reinstate the registration in accordance with the rules of the commissioner. If the commissioner schedules a registration to expire for longer or shorter than a year, the commissioner shall proportionally adjust the renewal fee for the registration. The registrant must satisfy all registration and renewal requirements to qualify to register.
(b)
The commissioner shall give a registrant a sixty-day grace period to renew the registration without discipline or sanctions. The commissioner may establish renewal fees and delinquency fees for reinstatement by rule. If a person fails to renew a registration when required by the schedule established by the commissioner, the registration expires.
(4)
The division shall transmit all fees collected under this article to the state treasurer, who shall credit the fees to the division of insurance cash fund created in section
10-1-103
.
(5)
The division shall prepare and deliver to each registrant a pocket card showing the name, address, and classification of the registrant. The pocket card must clearly state that the person is authorized to practice as a cash-bonding agent or professional cash-bail agent.
(6)
Repealed.
L. 2012: Entire article added with relocations, (HB 12-1266), ch. 280, p. 1510, § 41, effective July 1.
(1) This section is similar to former § 12-7-102 as it existed prior to 2012.
(2) Subsection (6)(d) provided for the repeal of subsection (6), effective July 1, 2015. (See L. 2012, p. 1510.)
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › CASH-BONDING AGENTS (§§ 10-23-101 — 10-23-110) › Article 23 - CASH-BONDING AGENTS (§§ 10-23-101 — 10-23-110) › Section 10-23-103 - Registration requirements - application

(1)
An applicant for registration as a professional cash-bail agent shall supply the following information to the division:
(a)
Whether the applicant during the last ten years has been convicted of a felony, entered a guilty plea to a felony, accepted a plea of nolo contendere to a felony, or engaged in or committed an act that violates this article, a rule promulgated under this article, or any act that would violate this article or a rule promulgated under this article if it had been committed in Colorado; and
(b)
Any other information required by this article or by the division, including a full-face photograph, for which the applicant shall pay the actual costs if a photograph is required.
(2)
(a)
Prior to submission of an application pursuant to this article 23, each applicant shall have his or her fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation to obtain a fingerprint-based criminal history record check. If a third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant information for more than thirty days unless requested to do so by the applicant. The applicant is required to submit payment by certified check or money order for the fingerprints and for the actual costs of the record check when the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of fingerprints and receipt of the payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation.
(b)
When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this subsection (2) reveal a record of arrest without a disposition, the division shall require that applicant to submit to a name-based judicial record check, as defined in section
22-2-119.3(6)(d)
.
(3)
To qualify as a professional agent, the applicant must have been licensed as an insurance producer who furnishes bail in Colorado for four years before applying for registration as a professional cash-bail agent.
Amended by 2022 Ch. 114,§7, eff. 4/21/2022.
Amended by 2019 Ch. 125,§5, eff. 4/18/2019.
Amended by 2017 Ch. 149,§1, eff. 8/9/2017.
L. 2012: Entire article added with relocations, (HB 12-1266), ch. 1512, p. 1512, § 41, effective July 1. L. 2017: (2) amended, (SB 17-189), ch. 497, p. 497, § 1, effective August 9. L. 2019: (2) amended, (HB 19-1166), ch. 538, p. 538, § 5, effective April 18.
Subsections (1) and (2) are similar to former § 12-7-103, and subsection (3) is similar to former § 12-7-102.5(7), as they existed prior to 2012.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › CASH-BONDING AGENTS (§§ 10-23-101 — 10-23-110) › Article 23 - CASH-BONDING AGENTS (§§ 10-23-101 — 10-23-110) › Section 10-23-104 - Fees

(1)
(a)
Each professional cash-bail agent and cash-bonding agent shall pay an application fee set by the division in an amount to offset the direct and indirect cost of processing registration applications and issuing a registration.
(b)
Each professional cash-bail agent and cash-bonding agent shall pay a registration renewal fee set by the division in an amount that offsets the direct and indirect cost of implementing this article, net of the total amount of the fees paid by that agent under paragraph (c) of this subsection (1).
(c)
Each professional cash-bail agent and cash-bonding agent shall pay to the division a fee of one percent on the gross amount of all premiums and fees collected or contracted for the furnishing of bail, less any premium or fee refunded after being collected. The division may lower the fee if the amount collected would exceed the amount needed to implement this article plus a reserve of sixteen and one-half percent.
(d)
The premium fee is due and payable on the fifteenth day of January in each year. Any professional cash-bail agent or cash-bonding agent failing or refusing to render a statement and information, or to pay the fee under this section, for more than thirty days after the time specified, is liable for a penalty of up to one hundred dollars for each additional day of delinquency. The division may assess the penalty and interest at a rate of one percent per month or fraction thereof on the unpaid amount from the date when payment was due to the date when full payment is made. The division may suspend the registration of a delinquent agent until any fees, penalties, and interest are fully paid.
(2)
The division shall transfer the fees imposed by this section to the treasurer, who shall credit the fee to the division of insurance cash fund created in section
10-1-103
.
(3)
For the purpose of auditing a professional cash-bail agent's or cash-bonding agent's premium fee statement, the division may examine any books, papers, records, agreements, or memoranda bearing upon the matters required to be included in the premium fee statement. The agent shall make the books, papers, records, agreements, or memoranda available upon request to the division.
L. 2012: Entire article added with relocations, (HB 12-1266), ch. 280, p. 1514, § 41, effective July 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › CASH-BONDING AGENTS (§§ 10-23-101 — 10-23-110) › Article 23 - CASH-BONDING AGENTS (§§ 10-23-101 — 10-23-110) › Section 10-23-107 - Unlicensed practice - penalties

A person who acts or attempts to act as a professional cash-bail agent or cash-bonding agent and who is not registered as such under this article 23 commits a class 2 misdemeanor. Upon conviction, the court shall require the person to disgorge any profits from acting as a professional cash-bail agent or cash-bonding agent and forward the profits to the state treasurer, who shall deposit the moneys in the general fund.
Amended by 2021 Ch. 462,§ 118, eff. 3/1/2022.
L. 2012: Entire article added with relocations, (HB 12-1266), ch. 1522, p. 1522, § 41, effective July 1.
(1) This section is similar to former § 12-7-109(3) as it existed prior to 2012.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › CASH-BONDING AGENTS (§§ 10-23-101 — 10-23-110) › Article 23 - CASH-BONDING AGENTS (§§ 10-23-101 — 10-23-110) › Section 10-23-109 - Business practices - price limits - collateral

(1)
A professional cash-bail agent or cash-bonding agent shall not charge a premium or commission of more than the greater of fifty dollars or fifteen percent of the amount of bail furnished. A professional cash-bail agent or cash-bonding agent shall not assess fees for any bail bond posted by the agent with the court unless the fee is for payment of a bail bond filing charged by a court or law enforcement agency, the fee is for the actual cost of storing collateral in a secure, self-service public storage facility, or the fee is for premium financing.
(2)
If a professional cash-bail agent or cash-bonding agent has issued a disclosure statement in accordance with section
10-23-108(2)(b)
, the agent may use collateral received from the defendant or indemnitor to secure the following obligations:
(a)
Compliance with the bond issued on behalf of the principal;
(b)
Any balance due on the premium, commission, or fee for the bail bond; and
(c)
Any actual costs incurred by the professional cash-bail agent or cash-bonding agent as a result of issuing the bail bond.
L. 2012: Entire article added with relocations, (HB 12-1266), ch. 280, p. 1525, § 41, effective July 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › CASH-BONDING AGENTS (§§ 10-23-101 — 10-23-110) › Article 23 - CASH-BONDING AGENTS (§§ 10-23-101 — 10-23-110) › Section 10-23-110 - Repeal of article - review of functions

This article 23 is repealed, effective September 1, 2026. Before its repeal, the functions of the commissioner and the division shall be reviewed in accordance with section
24-34-104
.
Amended by 2017 Ch. 312,§ 1, eff. 8/9/2017.
L. 2012: Entire article added with relocations, (HB 12-1266), ch. 280, p. 1525, § 41, effective July 1. L. 2017: Entire section amended, (SB 17-236), ch. 312, p. 1677, § 1, effective August 9.
This section is similar to former § 12-7-112 as it existed prior to 2012.
2023 Colorado Revised Statutes › Title 11 - FINANCIAL INSTITUTIONS (§§ 11-1-101 — 11-111-116) › BANKS AND INDUSTRIAL BANKS (§§ 11-1-101 — 11-24-107) › BANKING CODE (§§ 11-1-101 — 11-11-101) › Article 1 - [Repealed] (§ 11-1-101) › Section 11-1-101 - to 11-1-106 - [Repealed]

L. 2003: Entire article repealed, p. 1051, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 11 - FINANCIAL INSTITUTIONS (§§ 11-1-101 — 11-111-116) › BANKS AND INDUSTRIAL BANKS (§§ 11-1-101 — 11-24-107) › BANKING CODE (§§ 11-1-101 — 11-11-101) › Article 2 - [Repealed] (§ 11-2-101) › Section 11-2-101 - to 11-2-122 - [Repealed]

L. 2003: Entire article repealed, p. 1051, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 11 - FINANCIAL INSTITUTIONS (§§ 11-1-101 — 11-111-116) › BANKS AND INDUSTRIAL BANKS (§§ 11-1-101 — 11-24-107) › BANKING CODE (§§ 11-1-101 — 11-11-101) › Article 3 - [Repealed] (§ 11-3-101) › Section 11-3-101 - to 11-3-123 - [Repealed]

L. 2003: Entire article repealed, p. 1051, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 11 - FINANCIAL INSTITUTIONS (§§ 11-1-101 — 11-111-116) › BANKS AND INDUSTRIAL BANKS (§§ 11-1-101 — 11-24-107) › BANKING CODE (§§ 11-1-101 — 11-11-101) › Article 4 - [Repealed] (§ 11-4-101) › Section 11-4-101 - to 11-4-110 - [Repealed]

L. 2003: Entire article repealed, p. 1051, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 11 - FINANCIAL INSTITUTIONS (§§ 11-1-101 — 11-111-116) › BANKS AND INDUSTRIAL BANKS (§§ 11-1-101 — 11-24-107) › BANKING CODE (§§ 11-1-101 — 11-11-101) › Article 5 - [Repealed] (§ 11-5-101) › Section 11-5-101 - to 11-5-109 - [Repealed]

L. 2003: Entire article repealed, p. 1051, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 11 - FINANCIAL INSTITUTIONS (§§ 11-1-101 — 11-111-116) › BANKS AND INDUSTRIAL BANKS (§§ 11-1-101 — 11-24-107) › BANKING CODE (§§ 11-1-101 — 11-11-101) › Article 6 - [Repealed] (§ 11-6-101) › Section 11-6-101 - to 11-6-113 - [Repealed]

L. 2003: Entire article repealed, p. 1051, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 11 - FINANCIAL INSTITUTIONS (§§ 11-1-101 — 11-111-116) › BANKS AND INDUSTRIAL BANKS (§§ 11-1-101 — 11-24-107) › BANKING CODE (§§ 11-1-101 — 11-11-101) › Article 6.3 - [Repealed] (§ 11-6.3-101) › Section 11-6.3-101 - [Repealed]

L. 2003: Entire article repealed, p. 1051, § 1, effective July 1.
This article was added in 1985.
2023 Colorado Revised Statutes › Title 11 - FINANCIAL INSTITUTIONS (§§ 11-1-101 — 11-111-116) › BANKS AND INDUSTRIAL BANKS (§§ 11-1-101 — 11-24-107) › BANKING CODE (§§ 11-1-101 — 11-11-101) › Article 6.4 - [Repealed] (§ 11-6.4-101) › Section 11-6.4-101 - to 11-6.4-104 - [Repealed]

L. 2003: Entire article repealed, p. 1051, § 1, effective July 1.
This article was added in 1988.
2023 Colorado Revised Statutes › Title 11 - FINANCIAL INSTITUTIONS (§§ 11-1-101 — 11-111-116) › BANKS AND INDUSTRIAL BANKS (§§ 11-1-101 — 11-24-107) › BANKING CODE (§§ 11-1-101 — 11-11-101) › Article 6.5 - ELECTRONIC FUNDS TRANSFERS (§ 11-6.5-101) › Section 11-6.5-101 - to 11-6.5-111 - [Repealed]

L. 2003: Entire article repealed, p. 1051, § 1, effective July 1.
This article was added in 1977.
2023 Colorado Revised Statutes › Title 11 - FINANCIAL INSTITUTIONS (§§ 11-1-101 — 11-111-116) › BANKS AND INDUSTRIAL BANKS (§§ 11-1-101 — 11-24-107) › BANKING CODE (§§ 11-1-101 — 11-11-101) › Article 7 - [Repealed] (§ 11-7-100.3) › Section 11-7-100.3 - to 11-7-112 - [Repealed]

L. 2003: Entire article repealed, p. 1051, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 11 - FINANCIAL INSTITUTIONS (§§ 11-1-101 — 11-111-116) › BANKS AND INDUSTRIAL BANKS (§§ 11-1-101 — 11-24-107) › BANKING CODE (§§ 11-1-101 — 11-11-101) › Article 8 - [Repealed] (§ 11-8-101) › Section 11-8-101 - to 11-8-106 - [Repealed]

L. 2003: Entire article repealed, p. 1051, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 11 - FINANCIAL INSTITUTIONS (§§ 11-1-101 — 11-111-116) › BANKS AND INDUSTRIAL BANKS (§§ 11-1-101 — 11-24-107) › BANKING CODE (§§ 11-1-101 — 11-11-101) › Article 9 - [Repealed] (§ 11-9-101) › Section 11-9-101 - to 11-9-107 - [Repealed]

L. 2003: Entire article repealed, p. 1051, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 11 - FINANCIAL INSTITUTIONS (§§ 11-1-101 — 11-111-116) › BANKS AND INDUSTRIAL BANKS (§§ 11-1-101 — 11-24-107) › BANKING CODE (§§ 11-1-101 — 11-11-101) › Article 10 - [Repealed] (§ 11-10-101) › Section 11-10-101 - to 11-10-107 - [Repealed]

L. 2003: Entire article repealed, p. 1051, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 11 - FINANCIAL INSTITUTIONS (§§ 11-1-101 — 11-111-116) › BANKS AND INDUSTRIAL BANKS (§§ 11-1-101 — 11-24-107) › BANKING CODE (§§ 11-1-101 — 11-11-101) › Article 10.5 - PUBLIC DEPOSIT PROTECTION (§§ 11-10.5-101 — 11-10.5-112) › Section 11-10.5-101 - Short title

This article shall be known and may be cited as the "Public Deposit Protection Act".
L. 89: Entire article R&RE, p. 593, § 1, effective September 1.
This section is similar to former § 11-10.5-101 as it existed prior to 1989.
2023 Colorado Revised Statutes › Title 11 - FINANCIAL INSTITUTIONS (§§ 11-1-101 — 11-111-116) › BANKS AND INDUSTRIAL BANKS (§§ 11-1-101 — 11-24-107) › BANKING CODE (§§ 11-1-101 — 11-11-101) › Article 10.5 - PUBLIC DEPOSIT PROTECTION (§§ 11-10.5-101 — 11-10.5-112) › Section 11-10.5-102 - Legislative declaration

(1)
The general assembly hereby declares that the purpose of this article is to serve the taxpayers and the citizens of Colorado by establishing standards and procedures to ensure the preservation and protection of all public funds held on deposit by a bank that are either not insured by or are in excess of the insured limits of federal deposit insurance, and to ensure the expedited repayment of such funds in the event of default and subsequent liquidation of a bank which holds such deposits.
(2)
The general assembly further finds, determines, and declares that the protection of public funds on deposit in banks is a matter of statewide concern and importance and that as such:
(a)
The provisions of this article shall prevail over any local government ordinance or resolution and over any home rule or territorial charter provision in conflict therewith; and
(b)
The requirement that a national bank comply with the provisions of this article neither encroaches upon the prerogatives of a nationally chartered bank nor exceeds the authority of the state of Colorado.
L. 89: Entire article R&RE, p. 593, § 1, effective September 1.
This section is similar to former § 11-10.5-102 as it existed prior to 1989.
2023 Colorado Revised Statutes › Title 11 - FINANCIAL INSTITUTIONS (§§ 11-1-101 — 11-111-116) › BANKS AND INDUSTRIAL BANKS (§§ 11-1-101 — 11-24-107) › BANKING CODE (§§ 11-1-101 — 11-11-101) › Article 10.5 - PUBLIC DEPOSIT PROTECTION (§§ 11-10.5-101 — 11-10.5-112) › Section 11-10.5-104 - Applicability of article

The provisions of this article shall apply to all banks which elect to become eligible public depositories. No bank shall hold any public funds unless such bank has been designated as an eligible public depository pursuant to the provisions of this article.
L. 89: Entire article R&RE, p. 595, § 1, effective September 1.
2023 Colorado Revised Statutes › Title 11 - FINANCIAL INSTITUTIONS (§§ 11-1-101 — 11-111-116) › BANKS AND INDUSTRIAL BANKS (§§ 11-1-101 — 11-24-107) › BANKING CODE (§§ 11-1-101 — 11-11-101) › Article 10.5 - PUBLIC DEPOSIT PROTECTION (§§ 11-10.5-101 — 11-10.5-112) › Section 11-10.5-105 - Authority of banking board

The banking board shall have the authority to implement any provision of this article by order and by rule and regulation and may obtain restraining orders and injunctions to prevent violation of or to enforce compliance with the provisions of this article and the orders and rules and regulations issued under such provisions. The authority of the banking board shall be liberally construed to ensure that the purposes of this article are properly implemented.
L. 89: Entire article R&RE, p. 595, § 1, effective September 1.
This section is similar to former § 11-10.5-104 as it existed prior to 1989.
2023 Colorado Revised Statutes › Title 11 - FINANCIAL INSTITUTIONS (§§ 11-1-101 — 11-111-116) › BANKS AND INDUSTRIAL BANKS (§§ 11-1-101 — 11-24-107) › BANKING CODE (§§ 11-1-101 — 11-11-101) › Article 10.5 - PUBLIC DEPOSIT PROTECTION (§§ 11-10.5-101 — 11-10.5-112) › Section 11-10.5-109 - Verification of collateral held - reports required

(1)
Each eligible public depository shall submit reports at least monthly to the banking board in such format as the banking board may prescribe. Such report shall demonstrate that the eligible public depository is in full compliance with the provisions of this article. In addition, each eligible public depository shall submit copies of its quarterly call reports to the banking board thirty days after the close of each fiscal quarter.
(2)
The board of directors of an eligible public depository shall cause an annual audit to be completed at least annually, but at intervals of not more than fifteen months, by an independent accounting firm composed of certified public accountants or a director's examination by a public accountant or any other independent person or persons as determined by the banking board. The banking board shall adopt regulations regarding the qualifications of such public accountant and other independent person or persons who shall assume the responsibility for due care in such directors' examinations. The banking board's regulations shall also establish the scope of such directors' examinations which shall include safeguards to insure that such examinations adequately describe the financial condition of the financial institution. Such independent audit or directors' examination shall be completed and submitted to the banking board within the time lines the banking board requires. Such audits or directors' examinations shall include, but shall not be limited to, the following information:
(a)
The official custodian on whose behalf any public funds are held;
(b)
The name and address of each such official custodian;
(c)
The amount of public funds on deposit for each such custodian;
(d)
The amount of federal deposit insurance coverage for each such official custodian;
(e)
The eligible collateral pledged for aggregate uninsured public deposits and the market value of such eligible collateral; and
(f)
Any other information which may be required by the banking board by rule and regulation.
(3)
The banking board may examine all public deposits held by and all eligible collateral required to be maintained by an eligible public depository, and all books, records, and papers pertaining thereto.
(4)
Each eligible public depository shall be assessed reasonable expenses by the banking board to meet the costs of any examinations made in accordance with the provisions of this section.
L. 89: Entire article R&RE, p. 599, § 1, effective September 1. L. 90: IP(2) amended, p. 667, § 35, effective June 7.
This section is similar to former §§ 11-10.5-109.5 and 11-50-111 as they existed prior to 1989.