Pursuant to section 4-9.3-103 (3), C.R.S., and the rulemaking provisions of the State Administrative Procedure Act, specifically, section 24-4-103, C.R.S., I, Dee Greeman, Chairman of the Central Information System Board, do hereby give notice of the adoption by the Central Information System Board this 21st day of June, 2001, of the repeal and reenactment of the "Rules Pertaining to the Design, Implementation, and Operation of the Central Indexing System", 8 CCR 1505-5, on a temporary and permanent basis, effective July 1, 2001.

Signed
Dee Greeman Chairman,
Central Information System Board

Statement of Findings and Reasons for Temporary Adoption

Central Information System Board

"Rules Pertaining to the Design, Implementation, and Operation of the Central Information System"

The Central Information System Board finds that adoption of the revised rules with an effective date of July 1, 2001 is imperatively necessary to comply with law, and that delaying the effective date of the revised rules would therefore be contrary to the public interest, for the following reasons:

Senate Bill 01-240, entitled "Concerning article 9 of the uniform commercial code, and, in connection therewith, amending the duties of the secretary of state and the central information board", made substantial revisions to the laws relating to the central information system.

Among other changes made to the law, it appears that the bill transferred some of the legal responsibility for rule-making and fee-setting from the Central Information System Board to the Secretary of State as the central filing officer under articles 9 and 9.5 of the Uniform Commercial Code. It is therefore necessary to revise the rules of the Central Information System Board to comply with the new legislation.

S.B. 01-240 was signed by the Governor on June 5, 2001, and the bill (except for two of the 50 sections) will become effective on July 1, 2001. In order to have conforming rule changes take effect at the same time as the substantive provisions of S.B. 01-240, it is necessary for the rule changes to go into effect on July 1, which is earlier than would otherwise be permitted under the provisions of the Administrative Procedure Act.

Full and adequate notice of the Board's rule-making hearing on June 21, 2001 was provided as required by the Administrative Procedure Act. Therefore, the adoption of the rules on a permanent basis (as well as a temporary basis) is permitted by the Administrative Procedure Act.

Statement of Basis, Purpose, and Specific Statutory Authority

Central Information System Board

"Rules Pertaining to the Design, Implementation, and Operation of the Central Information System"

Basis and Purpose

The purpose of these revisions to the rules is to update the rules to conform to recent legislation. Most of the changes consist of deletions of material from the rules in accordance with Senate Bill 01-240, entitled "Concerning article 9 of the uniform commercial code, and, in connection therewith, amending the duties of the secretary of state and the central information board". S.B. 01-240 transferred some of the authority for rule-making and fee-setting under articles 9 and 9.5 of the Uniform Commercial Code from the Central Information System Board to the Secretary of State. It is therefore necessary to delete from the rules of the Central Information System Board those rules for which rule-making authority was transferred to the Secretary of State.

In addition, some of the changes to the rules are intended to implement Senate Bill 99-065, which replaced the Central Indexing System with the Central Information System. Thus, for example, references in the rules to the "Central Indexing System" are replaced by references to the "Central Information System".

Specific Statutory Authority

The specific statutory authority for the Central Information System Board to adopt these rules is contained in sections 4-9.3-103 (3) (b) and 4-9.5-104 (1), C.R.S. The specific authority for the Board to adopt the fees established in Rule 8 is section 4-9.3-103 (3) (g), C.R.S.