Pursuant to the requirements of section 24-4-103, C.R.S., notice of proposed rulemaking is hereby given by the Secretary of State. A rulemaking hearing will be held on July 1, 2003 at 10:00 a.m. in the Secretary of State's conference room, Suite 200, 1560 Broadway, Denver, Colorado 80202. All interested persons will be afforded an opportunity to be heard on the subject of amendments to "Filing Office Rules Adopted by the Secretary of State for the Implementation of Colorado's Uniform Commercial Code, Article 9, Secured Transactions, of Title 4, Colorado Revised Statutes, Colorado's Central Filing of Effective Financing Statement Act, Article 9.5 of Title 4, Colorado Revised Statutes, and Related Colorado Laws", the repeal or relocation of certain "Rules Pertaining to the Design, Implementation, and Operation of the Central Information System" and the repeal of "Colorado Central Indexing System Board Rules."
Subject of the Proposed Rulemaking
1. Amendments to rules, 8 CCR 1505-7, concerning the Central Information System due to the elimination of the central information system board and various requirements of the Central Information System, and changes to certain other requirements in Colorado Revised Statutes, §4-9.5-103 - §4-9.5-105, §4-9.5-108, §4-9.5-110, §4-9.5-111, §16-18.5-104 and §16-18.5-107, and the addition of §4-9.5-112.5.
2. Repeal or relocation of certain rules, 8 CCR 1505-5, formerly concerning the Central Information System Board, which are now the responsibility of the Central Filing Officer per §4-9.5-104, C.R.S.
3. Repeal of rules, 8 CCR 1505-4, concerning the Colorado Central Indexing System Board which was established pursuant to §4-9.3-103, as Article 9.3 of Title 4, C.R.S. is repealed, as of July 1, 2003, pursuant to SB 03-041, enacted May 14, 2003.
Authority for Proposed Rulemaking
Amendments to, and repeal of, the current filing office rules, rules pertaining to the design, implementation and operation of the Central Information System and Colorado Central Indexing System Board are proposed pursuant to the following statutes:
As to paragraph 1 above, section 4-9.5-110, C.R.S., which authorizes the Secretary of State, who was appointed as the Central Filing Officer by the Central Information System Board in 1999, to "be responsible for the design, implementation, and operation of a central filing system…". See SB 03-041, enacted May 14, 2003.
As to paragraph 2 above, section 4-9.5-110 outlined above.
As to paragraph 3 above, section 4-9- 526 which authorizes the Secretary of State to "adopt and publish rules to implement this article" and 4-9.5-110 outlined above. See SB 03-041, enacted May 14, 2003.
Copies of the proposed rules may be obtained on or after June 16, 2003 from the office of the Secretary of State, 1560 Broadway, Suite 200, Denver, Colorado 80202, or by calling 303.894.2200, ext. 6108. An initial copy will be given free of charge. The proposed rules also will be published on the Secretary of State's Internet Web site at www.sos.state.co.us.
The hearing will be held in accordance with section 24-4-103, C.R.S. Written and oral data, comments, and arguments, will be received from all interested parties. Written submissions must be filed at or before the commencement of the hearing on July 1, 2003 at 10:00 a.m. in order to be considered. Oral testimony may be limited, in order to allow the proceedings to go forward with reasonable promptness and efficiency.