COLORADO CENTRAL INFORMATION SYSTEM BOARD

AUTHORITY

These rules are promulgated pursuant to §4-9.3-103(3) and §4-9.5-104(1), C.R.S.

PURPOSE AND SCOPE

The purpose of these rules is to design, implement, and define operation of the Colorado Central Information System, including the Colorado Central Filing System, pursuant to §§4-9.3-101 through 107, C.R.S. and §§4-9.5-101 through 112, C.R.S.

1.00 Definitions and Abbreviations

1.1 "CFS" means the Colorado Central Filing System.

1.2 "CIS" means the Colorado Central Information System.

1.3 "EFS" means Effective Financing Statement.

1.4 "SSN" means Social Security Number.

1.5 "Tax ID" means Internal Revenue Taxpayer Identification Number.

1.6 "UCC" means Uniform Commercial Code, codified at §§ 4-1-101 through 4-11-102, C.R.S.

1.7 "USDA" means United States Department of Agriculture.

1.8 The "EFS Act" means the Central Filing of Effective Financing Statement Act, §§4-9.5-101 through 112, C.R.S.

1.9 The "CIS Act" means the Central Information System Act, §§4-9.3-101 through 107, C.R.S.

1.10 The "Board" means the Central Information System Board, created by §§4-9.3-103(3), C.R.S.

1.11 "System Operator" means a designee or Contract recipient carrying out responsibilities for the CIS or the CFS, on behalf of the Board pursuant to §4-9.3-103(3)(h), C.R.S., or on behalf of the Secretary of State.

1.12 "Central Filing System, Inc." means the Contract recipient to operate the computerized CFS for the Colorado Central Filing System Board through June 30, 1996, pursuant to §4-9.3-103(1)(h) and §35-13-103(I), C.R.S.

1.13 "County Clerk and Recorder" means the appropriate county clerk and recorder to perfect a lien as identified in §4-9-501(a)(1), C.R.S., or under the former central indexing system.

1.14 "Secretary of State" means the Colorado Secretary of State, whose office perfects liens, as specified in §4-9-501, C.R.S.

1.15 "Filing office" means the office of any county clerk and recorder or the office of the Secretary of State in which a perfected filing statement has been filed in accordance with article 9 or 9.5 of title 4, C.R.S., including statements filed pursuant to the former central indexing system.

1.16 (Repealed.)

1.17 "Quarterly" is defined by a calendar quarter, the first day of each quarter being the first day of January, April, July and October, respectively.

1.175 "Quorum". A quorum of the Board necessary to conduct business is a majority of the members appointed by the Governor and the Secretary of State.

1.18 "Business Day" means: any business day of the central filing office; for the system operator or designee of the Board, Monday through Friday, excluding state-recognized legal holidays.

1.19 "Business Day Hours" means: the business hours of the central filing office; for the system operator or designee of the Board, 8:30 a.m. to 5:00 p.m.

1.20 Calculation of "Day" or "Date" means: If the day or date an action to be taken falls on a day other than a business day, the action shall be taken on the next business day following that non-business day.

1.21 "Central filing office" means the office of the Secretary of State.

2.00 CIS Information Standards and Procedures

2.1 (Repealed.)

2.2 Farm product codes

2.2.1 The following farm products shall be identified code products under the EFS Act:

Livestock and Livestock Products:

Cattle & calves; Angora; Beefalo; Buffalo; Chickens; Ducks; Eggs; Elk; Emus; Fish (with specification by secured party); Fur animals (with specification by secured party); Geese; Hogs; Horses; Llamas; Milk; Mules; Ostriches; Pheasants; Quail; Semen (with specification by secured party); Sheep & lambs; Turkeys; and Wool.

Field Crops:

Hay ; Barley; Corn; Dry beans; Flax seed; Honey; Legumes; Millet; Oats; Popcorn; Rye Safflower; Seed crops (with specification by secured party); Silage; Sorghum grain; Soybeans; Sugar beets; Sunflower seeds; Tree (with specification by secured party) ; Triticale; Vetch; and Wheat.

Fruits:

Apples; Apricots; Cantaloupe; Cherries; Grapes; Honeydew melon; Nectarines; Peaches; Pears; Plums; Pumpkins; Strawberries; Raspberries; Muskmelon; and Watermelon.

Vegetables:

Artichokes; Asparagus; Broccoli; Cabbage; Carrots; Cauliflower; Celery; Cucumbers; Eggplant; Green peas; Green beans; Lettuce; Okra; Onions; Pecans; Peppers; Potatoes; Radishes; Snap beans; Squash; Sweet corn; Tomatoes; Turnips; and Walnuts.

2.2.2 Other farm products, not set forth above, may be included on the EFS by listing a specific product name in the appropriate "other" column.

2.2.3 Program participants may propose from time to time farm products to the Board for inclusion in the identified product code list.

2.2.4 The numerical codes for these farm products shall be established by the central filing officer and shall be utilized to enter information on the EFS.

2.2.5 At any time numerical codes for farm products are required for implementing the CIS, the codes established by the central filing officer shall apply.

2.2.6 These codes, and the farm products groups, may be amended from time to time as the central filing officer deems necessary.

2.3 The accuracy and completeness of information filed is ultimately the responsibility of the secured party. Forms submitted to the central filing office by secured parties will be entered as received. The central filing office will not be responsible for omitted or inaccurate information filed with the central filing office.

2.4 Other CIS information standards and procedures From time to time, the system operator, with the approval of the Board, shall issue written standards and procedures to be used by sources of CIS information to promote the transmittal of accurate, complete information to the CIS in a cost-effective manner. Such standards and procedures shall be developed with the input of such sources of CIS information.

3.00 UCC Filings and Forms (Repealed.)

4.00 EFS Filings and Forms (Repealed.)

5.00 EFS Master List Distributions and Buyer Registration (Repealed.)

6.00 CIS Access

6.1 The Board shall determine what information received by the CIS, and in what form and by what manner, shall be made accessible to the public. Unless otherwise noted, "CIS information" means CIS information accessible to the public.

6.2 CIS information shall be accessible through direct access or assisted access.

6.2.1 "Direct access to CIS information" means direct access to CIS information through the system operator via computer hardware and software, modem, and/or other electronic means. Such access shall be available through dial-up telephone lines and, at the Board's discretion, through other means including, but not limited to, the Internet. Direct access to CIS information requires registration with the CIS, as described in section 6.4 below.

6.2.2 "Assisted access to CIS information" means access to CIS information via the assistance of persons or parties that have direct electronic access to CIS information. Such persons or parties may include, but are not limited to, the system operator or Board designees, filing offices, and private companies and individuals.

6.3 Direct access to CIS information shall be available at least 18 hours per day, between the hours of 6:00 a.m. and 12:00 a.m., mountain time, seven days a week, and during additional hours as determined by the Board, subject only to availability problems outside the control of the system operator.

6.4 CIS registration

6.4.1 All users desiring direct access to CIS information to the CIS must first register with the CIS.

6.4.2 Registration is accomplished by completing an on-line registration form and paying the appropriate registration fee described in section 8.1 below.

6.4.3 The registration form, approved by the Board, may include terms, conditions, and payment requirements for direct electronic access to and searching of CIS information. The registrant must indicate on the registration form agreement to adhere to these requirements.

6.4.4 The Board reserves the right to revoke the registration of, and deny CIS information access to, any registered user, if said person or party violates any of the terms, conditions, and agreements contained in the registration form. In such case, the registration fee is nonrefundable.

6.5 Assisted access to EFS information

The system operator, or Board designee, may provide one or more human operators to receive inquiries by telephone, fax, mail, or other means approved by the Board regarding the EFS master file and conduct searches therein for authorized parties during business day hours of the system operator or Board designee.

6.6 With the approval of the Board, assisted access to CIS information other than EFS information may be made available through the system operator or other Board designees.

6.6.1 Subject to Board approval, such requests for assisted access to CIS information may be received by mail, fax, courier, in person, or by telephone, which may include 900 number service.

6.6.2 Upon the user's request and arrangement for payment of the appropriate fee, if any, the system operator or Board designee shall send written confirmation of inquiry.

7.00 EFS Filing Fees and EFS Master List Fees (Repealed.)

8.00 CIS Fees

8.1 through 8.8 (Repealed.)

8.9 Payment of CIS fees may be made by charge card, approved by the Board, and automated clearinghouse. At the discretion of the Board, other means of payment may be made available.

8.9.1 Failure to pay fees for EFS master lists and EFS assisted searches by buyers, commission merchants, or selling agents will result in non-access to the CIS until the account is made current.

8.9.2 The Board reserves the right to specify acceptable means of payment for each type of fee.

8.10 Surcharge Fees. Pursuant to SB 98-194, the Board, by rule may reduce the surcharge fees in order to comply with the limitations on cash funds.

8.10.1 Surcharge Fees on real estate recordings at the Clerk and Recorders' offices. Upon the effective date of this rule, County Clerks and Recorders will cease charging the $1.00 surcharge on any real estate recording or any miscellaneous recording for which a fee is charged. The $1.00 surcharge will continue to be charged on motor vehicle title and registration documents filed with the County Clerk and Recorder. This rule is effective July 1, 1999.

8.11 Effective July 1, 2001, the following fees apply to filings, electronic access, searches, and other services under the Central Information System:

FEE TRANSACTION  Measure  Fee 
Corporate searches
Unlimited access year $0.00
Name search search $0.00
Name select search $0.00
DMV title searches
Search by Name or VIN number search $2.50
Name select record $1.00
CIS bulk MV Sales 1,000 records $2.00
Sales tax address locator
Name Search search $0.00
Name Select search $0.00
Tradename
Name Search search $0.00
Name Select search $0.00
 
Parks Passes pass $1.00