Frequently Asked Questions

Automobile Theft Prevention Fund – Annual Insurance Assessment Statutory Authority

Colorado Revised Statutes 42-5-112 and 10-4-617 and Senate Bill 08-060.

Contact Information:
For further information, contact Robert Force at (303) 239-4560 or email robert.force@state.co.us



 

A.

In 2003, the Colorado General Assembly created in the Department of Public Safety, the automobile theft prevention authority (CRS 42-5-112). Under the authority, a law enforcement agency or other qualified applicant may apply for grants to assist in improving and supporting automobile theft prevention programs for the enforcement or prosecution of automobile theft crimes through statewide planning and coordination.

A.

The Department of Public Safety is authorized to accept gifts, grants and donations from private or public sources for this fund. The fund shall also include moneys deposited in the fund pursuant to section 10-4-617, CRS. Each insurer that issues a policy pursuant part 6 or part 7 of this article shall biannually pay a fee to CATPA. The amount of the fee shall be equal to one dollar multiplied by the number of motor vehicles insured by the insurer as of July 1 of each year.

A.

“Motor vehicle” means any vehicle of a type required to be registered and licensed under the laws of this state and that is designed to be propelled by an engine or motor; except that “motor vehicle” does not include mini-bikes, snowmobiles, bicycles with motor or engine attached, any vehicle designed primarily for use off the road or on rails, or motor scooters as defined in section 42-1-102, C.R.S.

A.

All insured vehicles, both private and commercial, with a declared gross weight of 26,000 lbs. or less must be included in calculating the biannual assessment.

A.

All the vehicles that meet the requirements of Colorado Revised Statute 10-4-601(6) and 10-4-617 (5) must be included when calculating the assessment due. Once the insurer collects the premium for any vehicle meeting the requirements, the fee is fully earned and non-refundable.

A.

Vehicles insured by non-admitted (surplus lines) carriers must be counted. There are no statutory provisions that would exempt non-admitted carriers from complying with part 6 of article 4 of title 10.
Fleet vehicle policies are not subject to part 6 of article 4 of Title 10
 

A.

All vehicles weighing 26,000 lbs. or less that have been insured on the previous July 1 are assessed at the rate of $1.00 per vehicle.

A.

Insurers have to report on or before August 15 of each year the number of motor vehicles insured by the insurer as of July 1 of the current year.

A.

The assessment is divided into two payments of 50% each, due on January 1st and July 1st of each year.
Assessment can be paid either by an ACH transfer or by check. If payment is being sent by ACH transfer please be sure to include RAA Charla Phagan in the description and send notice that funds have been sent via ACH. If sending a check, it should be made payable to: Colorado Department of Public Safety – C.A.T.P.A and mailed to Colorado Auto Theft Prevention Authority, 710 Kipling Street, Suite 106, Lakewood CO 80215.
 

A.

The statute states the assessment shall be paid on or before January 1st and July 1st of each year. The assessment may be paid in full on or before January 1st of each year. It is the responsibility of the insurance company to submit the payment by the due dates. No invoice will be sent prior to the due dates.

A.

Yes. On or before February 1st each year, the CATPA Board will compare the list of insurers who paid the biannual fee with the list compiled by the Division of Insurance of all insurance companies licensed to insure motor vehicles in the state and shall notify the commissioner of the Division of Insurance of any insurer’s failure to report and/or pay the fee.

A.

The Commissioner of Insurance will notify the insurer of the fee requirement. If the insurer fails to pay the fee within fifteen days after receiving the notice, the Commissioner may suspend the insurer’s certificate of authority or impose a civil penalty of not more than one hundred twenty percent of the amount due or both.

A.

If the insurer intends to recoup the fee from its insured it must disclose this fee to the Colorado consumer.

A.

There are no statutory directives for the method of disclosure. However, the Division of Insurance would expect the insurer would list the fee on the insured’s policy declaration page, the billing notice or both.

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