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SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
First Regular Session
31st Legislative Day Friday, February
5, 1999
Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Reverend Dr. Marjorie Lewis,
New Hope Baptist Church of Denver.
Roll Call Present--Total, 31.
Absent/Excused--Blickensderfer, Feeley, Thiebaut, Powers--Total, 4.
Present later--Thiebaut.
Quorum The President announced a quorum present.
Reading of On motion of Senator Evans, reading of the Journal of February 4th was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
SENATE SERVICES REPORT
Senate Correctly enrolled: SJR 99-9; also SR 99-5.
Services
COMMITTEE OF REFERENCE REPORTS
Business After consideration on the merits, the committee recommends that SB99-170 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
Amend printed bill, page 3, strike lines 14 and 15 and substitute
the following:
"RAMIFICATIONS RESULTING FROM YEAR 2000 FAILURES ASSOCIATED
WITH ELECTRONIC COMPUTING DEVICES.".
Page 4, after line 2, insert the following:
"(2) (a) "YEAR 2000 FAILURE" MEANS,
WITH RESPECT TO AN ELECTRONIC COMPUTING DEVICE, ANY FAILURE, INCLUDING
AN ELECTRICAL OR TELECOMMUNICATIONS FAILURE, THAT PREVENTS SUCH
ELECTRONIC COMPUTING DEVICE FROM ACCURATELY INTERPRETING, PRODUCING,
COMPUTING, GENERATING, ACCOUNTING FOR, PROCESSING, CALCULATING,
COMPARING, OR SEQUENCING DATE OR TIME DATA:
(I) FROM, INTO, OR BETWEEN:
(A) THE TWENTIETH AND TWENTYFIRST CENTURIES;
OR
(B) THE YEARS 1999 AND 2000; OR
(II) WITH REGARD TO LEAP YEAR CALCULATIONS.
(b) "YEAR 2000 FAILURE" INCLUDES ANY INABILITY
OF A BUSINESS TO PERFORM AN INTENDED OR REQUESTED FUNCTION BECAUSE
OF THE SYSTEM FAILURE OF AN OUTSIDE PARTY, INCLUDING, BUT NOT
LIMITED TO, THE FAILURE OF A GOVERNMENTAL BODY TO PROVIDE DATA,
TRANSPORTATION DELAYS, ENERGY FAILURES, OR COMMUNICATION FAILURES.";
strike lines 3 through 26 and substitute the following:
"1321604. Individual's right to
affirmative defense based on year 2000 failure. (1) AN
INDIVIDUAL SHALL HAVE AN AFFIRMATIVE DEFENSE TO ANY CLAIM OR ACTION
BROUGHT AGAINST THE INDIVIDUAL IF THE INDIVIDUAL ESTABLISHES THAT
THE INDIVIDUAL'S DEFAULT, FAILURE TO PAY, BREACH, OMISSION, OR
OTHER VIOLATION THAT IS THE BASIS OF THE CLAIM AGAINST HIM OR
HER WAS CAUSED, IN WHOLE OR IN PART, BY A YEAR 2000 FAILURE ASSOCIATED
WITH AN ELECTRONIC COMPUTING DEVICE, AND, IF IT WERE NOT FOR THE
YEAR 2000 FAILURE, THE INDIVIDUAL WOULD HAVE BEEN ABLE TO SATISFY
THE OBLIGATIONS THAT ARE THE BASIS OF THE CLAIM.
(2) IF AN INDIVIDUAL ESTABLISHES AN AFFIRMATIVE DEFENSE
AS SET FORTH IN SUBSECTION (1) OF THIS SECTION, THEN THE PERSON
OR ENTITY MAKING THE CLAIM AGAINST THE INDIVIDUAL SHALL NOT REASSERT
THE CLAIM AS TO WHICH THE AFFIRMATIVE DEFENSE WAS ASSERTED FOR
A PERIOD OF THIRTY DAYS FROM THE DATE ON WHICH THE AFFIRMATIVE
DEFENSE IS GRANTED BY THE COURT. ANY STATUTE OF LIMITATIONS APPLICABLE
TO THE CLAIM SHALL BE TOLLED FOR FORTYFIVE DAYS UPON THE
GRANTING OF THE AFFIRMATIVE DEFENSE UNDER THIS SECTION.
(3) THIS SECTION SHALL APPLY ONLY TO ACTIONS ACCRUING
ON OR AFTER JANUARY 1, 2000.".
Page 5, strike lines 1 through 10.
Renumber succeeding subsections accordingly.
Page 5, strike lines 15 and 16 and substitute the following:
"(5) THE GRANTING OF THE AFFIRMATIVE DEFENSE UNDER
THIS SECTION SHALL NOT IMPAIR, EXTINGUISH, DISCHARGE, SATISFY,
OR OTHERWISE AFFECT THE UNDERLYING OBLIGATION THAT IS THE BASIS
OF THE CLAIM AGAINST WHICH THE AFFIRMATIVE DEFENSE WAS ASSERTED;
EXCEPT THAT, THE INABILITY OF A PARTY TO BRING THE CLAIM BASED
UPON THE OBLIGATION SHALL BE DELAYED AS SET FORTH IN SUBSECTION
(2) OF THIS SECTION.";
strike lines 25 and 26.
Renumber succeeding C.R.S. section accordingly.
Business After consideration on the merits, the committee recommends that SB99-153 be
Affairs amended as follows and, as so amended, be referred to the Committee on Appropriations
and Labor with favorable recommendation:
Amend printed bill, page 2, strike lines 5 through 16 and substitute
the following:
"declaration. (1) THE GENERAL ASSEMBLY
FINDS, DETERMINES, AND DECLARES THAT NATURAL GAS SERVICE IS ESSENTIAL
TO THE HEALTH AND WELLBEING OF ALL COLORADO NATURAL GAS
CUSTOMERS. THE GENERAL ASSEMBLY FURTHER FINDS, DETERMINES, AND
DECLARES THAT NATURAL GAS IS TRADED IN COMPETITIVE MARKETS AT
THE WELLHEAD AND IN DOWNSTREAM MARKETS FOR SALE TO UTILITIES,
INDUSTRIAL CUSTOMERS, AND LARGE COMMERCIAL CUSTOMERS AND THERE
MAY BE THE POTENTIAL FOR NATURAL GAS ALSO TO BE TRADED COMPETITIVELY
FOR SALE TO ALL OTHER CLASSES OF CONSUMERS. AS A RESULT, IT MAY
BE PREDICTED THAT COMPETITION IN THE NATURAL GAS SUPPLY MARKET
MAY INCREASE THE CHOICES AVAILABLE TO CONSUMERS AND REDUCE THE
PRICE OF SUCH SERVICE. ACCORDINGLY, IT IS THE POLICY OF THE STATE
OF COLORADO TO ENCOURAGE COMPETITION AFTER A REASONABLE TRANSITION
PERIOD DURING WHICH CONSUMERS ARE EDUCATED ABOUT CHOICES IN NATURAL
GAS SUPPLY THAT ARE NOW AVAILABLE OR WILL BE AVAILABLE IN THE
FUTURE. THE COMMISSION IS AUTHORIZED TO APPROVE VOLUNTARY PLANS
CONSISTENT WITH THIS SECTION THAT SEPARATE THE SALE OF NATURAL
GAS TO RETAIL CUSTOMERS INTO NATURAL GAS DELIVERY AND NATURAL
GAS SUPPLY AND, AFTER A TRANSITION PERIOD, DEREGULATE THE CHARGE
FOR NATURAL GAS SUPPLY WHERE THE COMMISSION FINDS THAT THE PLAN
PROVIDES CUSTOMERS WITH ADEQUATE CHOICES, ENSURES THE PROVISION
OF RELIABLE NATURAL GAS SUPPLY ON A FALLBACK BASIS ON TERMS AND
CONDITIONS THAT ARE JUST AND REASONABLE TO ALL CUSTOMERS, PROMOTES
THE DEVELOPMENT OF A COMPETITIVE MARKET FOR GAS SUPPLY, LIMITS
THE UNREASONABLE EXERCISE OF MARKET POWER, AND RETAINS AND ENHANCES
PROGRAMS TO SUPPORT LOWINCOME CONSUMERS.";
strike lines 24 through 26.
Page 3, strike lines 1 through 3 and substitute the following:
"(b) ANY NATURAL GAS PUBLIC UTILITY PROVIDING
FOR INDIVIDUAL CONSUMER CHOICE BETWEEN COMPETING SUPPLIERS SHALL
IMPLEMENT A SEPARATELY STATED DISTRIBUTION CHARGE, APPLICABLE
TO ALL CUSTOMERS REGARDLESS OF THE IDENTITY OF THE NATURAL GAS
SUPPLIER AND DENOTED AS A "PUBLIC BENEFITS CHARGE",
TO HELP DEFRAY THE COSTS ASSOCIATED WITH FUNDING LOWINCOME
ENERGY ASSISTANCE PROGRAMS SUCH AS BILL ASSISTANCE AND WEATHERIZATION
FOR RESIDENTIAL ENERGY CONSUMERS IN COLORADO, SUBJECT TO THE FOLLOWING
CONDITIONS:";
strike line 6 and substitute the following:
"OF THE REAL DOLLAR EQUIVALENT OF EACH UTILITY'S
1998 NOMINALDOLLAR REGULATED GAS REVENUES RECEIVED FOR THE
GEOGRAPHIC AREA OR GROUP OF CUSTOMERS THAT IS SUBJECT TO THE PLAN.
ADDITIONALLY, WITHIN ONE YEAR FOLLOWING THE IMPLEMENTATION OF
THE FIRST NATURAL GAS SUPPLIER CHOICE PROGRAM BY A NATURAL GAS
UTILITY THAT AFFECTS A SIGNIFICANT NUMBER OF LOWINCOME HOUSEHOLDS,
THE PUBLIC BENEFITS CHARGE SHALL BE SET AT A LEVEL SUFFICIENT
TO RAISE AN ADDITIONAL SUM OF ONE HUNDRED FIFTY THOUSAND DOLLARS
TO FUND THE STUDY PROVIDED FOR IN SUBSECTION (11) OF THIS SECTION;";
line 8, strike "SERVICE." and substitute the following:
"SERVICE IN THE SAME MANNER AND WITH THE SAME PROMINENCE
AS IS THE CHARGE TO DEFRAY THE UTILITY'S
TRANSITION COSTS; AND
(III) THE PUBLIC BENEFITS CHARGE SHALL BE IMPOSED ON
ALL NATURAL GAS DELIVERED BY THE UTILITY IN A MANNER THAT IS COMPETITIVELY
NEUTRAL AND NONBYPASSABLE.";
strike lines 22 and 23 and substitute the following:
"(d) (I) IF THE GOVERNING BODY OF A MUNICIPALITY".
Page 4, after line 15, insert the following:
"(e) THE COMMISSION OR OTHER GOVERNING BODY SHALL
RETAIN THE AUTHORITY TO ESTABLISH GUIDELINES REGARDING GAS TRANSPORTATION
SERVICE. SUCH GUIDELINES MAY INCLUDE, BUT ARE NOT LIMITED TO,
PROVISIONS CONCERNING THE ESTABLISHMENT OF RATES, TERMS, AND CONDITIONS
FOR THE PROVISIONING OF GAS TRANSPORTATION SERVICES BY A NATURAL
GAS PUBLIC UTILITY, REGARDLESS OF WHETHER THE UTILITY HAS AN APPROVED
VOLUNTARY PLAN.".
Page 5, line 5, strike "SERVICE" and substitute "SERVICE,
OTHER THAN FALLBACK SERVICE,";
line 7, strike "BASIS." and substitute "BASIS WITHOUT
AN OBLIGATION TO SERVE.";
line 14, after "THAT", insert "ALL";
line 15, strike "CONSUMERS" and substitute "CONSUMERS,
INCLUDING THOSE WHO ARE CURRENTLY TRANSPORTATION CUSTOMERS OF
THE NATURAL GAS PUBLIC UTILITY,";
line 19, strike "CONSUMERS;" and substitute "CONSUMERS,
INCLUDING ENSURING NONDISCRIMINATORY ACCESS TO UPSTREAM CAPACITY
AND STORAGE SERVICES BY ALL COMPETITORS;";
after line 19, insert the following:
"(III) ESTABLISHES SAFEGUARDS TO ELIMINATE THE
UNREASONABLE EXERCISE OF MARKET POWER BY ANY PERSON TO THE DETRIMENT
OF CONSUMERS OR COMPETITORS;".
Renumber succeeding subparagraphs accordingly.
Page 6, line 5, strike "SERVICE" and substitute "SERVICE,
ON A FIRM BASIS WITH ADEQUATE BACKUP,";
line 9, strike "MAY" and substitute "SHALL";
strike lines 14 and 15 and substitute the following:
"PRICES FOR THOSE CUSTOMERS WHO DO NOT RECEIVE SUPPLY OFFERS,
DO NOT SELECT A COMPETITIVE NATURAL GAS PROVIDER, WHO ARE REFUSED
SERVICE BY A SUPPLIER, WHOSE SERVICE IS CANCELED BY A SUPPLIER,
WHO NEED SERVICE WHILE MOVING OR DURING OTHER TRANSITIONS, OR
WHOSE SUPPLIER FAILS TO SUPPLY SERVICE. IF A UTILITY PROVIDES
REGULATED FALLBACK SERVICE, THE UTILITY".
Page 7, line 7, after "LOWINCOME", insert "ENERGY
ASSISTANCE";
line 22, strike "GAS;" and substitute the following:
"GAS, INCLUDING, WITHOUT LIMITATION, TERMS AND CONDITIONS
THAT ADDRESS THE FOLLOWING ISSUES:
(A) THE MANNER IN WHICH PRICE AND TERMS AND CONDITIONS
SHOULD BE DISCLOSED;
(B) THE EXTENT TO WHICH NATURAL GAS UTILITIES AND SUPPLIERS
ARE OBLIGATED TO SERVE ALL CUSTOMERS;
(C) APPROPRIATE CREDIT AND COLLECTION PRACTICES;
(D) THE TERMS UNDER WHICH SERVICE MAY BE DISCONTINUED;
(E) HOW PARTIAL PAYMENTS ARE ALLOCATED;
(F) PROTECTING CUSTOMER PRIVACY;
(G) PROHIBITING UNFAIR AND DECEPTIVE MARKETING PRACTICES;
AND
(H) THE DEGREE OF ACCESS TO CUSTOMER INFORMATION NEEDED
BY SUPPLIERS TO PROMOTE COMPETITION;";
strike lines 24 and 25 and substitute the following:
"NO CONSUMER'S NATURAL GAS SUPPLIER MAY BE CHANGED WITHOUT
THE CONSUMER'S".
Page 8, line 5, after "PROCEDURES.", add "THE COMMISSION
SHALL ALSO ESTABLISH AND DETERMINE THE EXTENT TO WHICH A SUPPLIER
WHO CAUSES CONSUMERS TO BE CHANGED WITHOUT THEIR CONSENT IS LIABLE
TO THOSE CONSUMERS AND THEIR CHOSEN PROVIDERS.";
line 7, strike "PER UNIT OF GAS";
line 8, strike "DELIVERED", and, after "CUSTOMERS,",
insert "AS DETERMINED BY THE COMMISSION,";
line 13, strike "1998." and substitute "1998 ASSOCIATED
WITH THE SALE OF NATURAL GAS SERVICE FROM THE GEOGRAPHIC AREA
OR GROUP OF CUSTOMERS AFFECTED BY THE PLAN.";
after line 17, insert the following:
"(4) THE DEPARTMENT OF REVENUE IS HEREBY AUTHORIZED
TO COLLECT FUNDING FOR THE COMMISSION AND THE OFFICE OF CONSUMER
COUNSEL IN ACCORDANCE WITH SUBPARAGRAPH (XI) OF PARAGRAPH (c)
OF SUBSECTION (3) OF THIS SECTION.".
Renumber succeeding subsections accordingly.
Page 8, line 19, strike "UTILITIES OR BOTH," and substitute
"UTILITIES OR GAS SUPPLY COMPANIES,";
line 20, after "CERTIFICATION," insert "REQUIREMENTS,
TERMS, AND CONDITIONS FOR GAS SUPPLY SERVICE, AND REQUIREMENTS
FOR".
Page 9, line 2, strike "RULES," and substitute "RULES
AND STANDARDS OF CONDUCT,";
strike lines 4 through 6 and substitute the following:
"(6) (a) THE COMMISSION SHALL PERMIT EACH
NATURAL GAS PUBLIC UTILITY RECOVERY, THROUGH ITS TARIFF RATES
FOR DELIVERY OF NATURAL GAS, OF ALL OR A PORTION OF THE UTILITY'S
TRANSITION COSTS AS MAY BE JUST AND REASONABLE IF SUCH RECOVERY,
FOR TRANSITION COSTS OTHER THAN COSTS IDENTIFIED IN SUBSUBPARAGRAPH
(G) OF SUBPARAGRAPH (II) OF PARAGRAPH (b) OF THIS SUBSECTION (6),
DOES NOT INCREASE THE ANNUAL CHARGES FOR REGULATED GAS DELIVERY
SERVICE IN EXCESS OF ONE PERCENT OF THE UTILITY'S
JURISDICTIONAL GAS REVENUES BOOKED OR RECORDED IN CALENDAR YEAR
1998. TO THE EXTENT THE COMMISSION APPROVES THE RECOVERY OF TRANSITION
COSTS IDENTIFIED IN SUBSUBPARAGRAPH (G) OF SUBPARAGRAPH
(II) OF PARAGRAPH (b) OF THIS SUBSECTION (6), THOSE COSTS SHALL
BE RECOVERED OVER A REASONABLE PERIOD OF TIME, AS DETERMINED BY
THE COMMISSION.";
line 7, strike "(5)," and substitute "(6),";
line 10, after "COLORADO" insert "WHICH ARISE FROM
OR ARE RELATED TO CONTRACTS, INVESTMENTS, OR OTHER OBLIGATIONS
EXISTING";
line 21, after "COSTS", insert "INCURRED BEFORE,
ON, OR AFTER THE DATE OF IMPLEMENTATION OF THE VOLUNTARY PLAN
AND THAT ARE".
Page 11, strike line 4 and substitute the following:
"(c) EXCEPT TO THE EXTENT PROVIDED IN PLAN PROVISIONS
OR RULES ADOPTED BY THE COMMISSION GOVERNING THE RELATIONSHIP
BETWEEN THE PUBLIC UTILITY AND ITS AFFILIATES, THE COMMISSION
SHALL NOT IMPOSE ON A NATURAL GAS";
strike lines 10 and 11 and substitute the following:
"(7) THE PUBLIC BENEFITS CHARGE AND ITS FUNDING
METHOD SHALL CONTINUE IN EFFECT UNTIL AT LEAST DECEMBER 31, 2005,
AND SHALL REMAIN IN EFFECT THEREAFTER UNTIL AND UNLESS REPLACED
WITH A DIFFERENT LEGISLATIVELY ADOPTED FUNDING MECHANISM FOR STATEWIDE
LOWINCOME ENERGY ASSISTANCE PROGRAMS THAT ASSURES THE AVAILABILITY
OF ADEQUATE RESOURCES AND THAT IS CONSISTENT WITH THE RECOMMENDATIONS
OF THE 1998 GOVERNOR'S
ENERGY ASSISTANCE REFORM TASK FORCE FOR THE PURPOSE OF DEFRAYING
THE COSTS OF LOWINCOME ENERGY ASSISTANCE. ON OR BEFORE
DECEMBER 1, 2004, THE COLORADO ENERGY ASSISTANCE FOUNDATION, WHICH
IS THE ENTITY CREATED UNDER SECTION 408.5104, OR ITS
SUCCESSOR, IN CONJUNCTION WITH ANY INTERESTED NATURAL GAS UTILITY
OR NATURAL GAS SUPPLIER, SHALL RECOMMEND SUCH A DIFFERENT FUNDING
MECHANISM FOR LOWINCOME ENERGY ASSISTANCE PROGRAMS TO THE
GENERAL ASSEMBLY FOR ADOPTION.";
line 19, strike "PLANS." and substitute "PLANS
AND WHETHER TO INITIATE A RULEMAKING TO PROVIDE FOR CONSISTENT
CONSUMER PROTECTION MECHANISMS FOR ALL NATURAL GAS CUSTOMERS FOR
THOSE ISSUES ADDRESSED IN SUBPARAGRAPH (VIII) OF PARAGRAPH (c)
OF SUBSECTION (3) OF THIS SECTION AND REQUIREMENTS, TERMS, AND
CONDITIONS OF GAS SUPPLY SERVICE.".
Page 12, line 3, strike "(X)" and substitute "(XI)";
line 5, after "AUTHORIZED", insert "AT ITS SOLE
DISCRETION";
line 6, strike "SECTION." and substitute "SECTION,
INCLUDING, BUT NOT LIMITED TO, STANDARDS OF CONDUCT, UNFAIR AND
DECEPTIVE MARKETING PRACTICES, AND CONSUMER PROTECTIONS.";
strike lines 7 through 26.
Page 13, strike lines 1 through 25 and substitute the following:
"(11) NOTWITHSTANDING THE ESTABLISHMENT OF THE
PUBLIC BENEFITS CHARGE AS A MEANS OF DEFRAYING THE COST OF LOWINCOME
ENERGY ASSISTANCE PROGRAMS IN COLORADO, THE GENERAL ASSEMBLY BELIEVES
IT PRUDENT TO SEPARATELY EVALUATE THE EFFECTS OF NATURAL GAS SUPPLIER
CHOICE ON THE LOWINCOME POPULATION. THEREFORE, THE COLORADO
ENERGY ASSISTANCE FOUNDATION WHICH IS THE ENTITY CREATED UNDER
SECTION 408.5104, OR ITS SUCCESSOR SHALL, WITHIN ONE
YEAR FOLLOWING THE IMPLEMENTATION OF THE FIRST NATURAL GAS SUPPLIER
CHOICE PROGRAM BY A NATURAL GAS UTILITY TO AFFECT A SIGNIFICANT
NUMBER OF LOWINCOME HOUSEHOLDS, CONTRACT WITH A PRIVATE
PARTY TO STUDY THE EFFECTS OF GAS SUPPLIER CHOICE ON COLORADO'S
LOWINCOME POPULATION. THE PRIVATE PARTY CONDUCTING THE
STUDY SHALL GIVE NATURAL GAS UTILITIES AND SUPPLIERS, NATURAL
GAS CUSTOMERS, THE PUBLIC UTILITIES COMMISSION, AND OTHER INTERESTED
PARTIES AN OPPORTUNITY TO COMMENT ON THE RESULTS OF THE STUDY
ONCE COMPLETED. THE COLORADO ENERGY ASSISTANCE FOUNDATION SHALL
REPORT THE RESULTS OF THE STUDY, TOGETHER WITH ANY RECOMMENDATIONS
TO ALLEVIATE ANY ADVERSE IMPACTS ON NATURAL GAS SUPPLIER CHOICE
ON COLORADO'S LOWINCOME
POPULATION TO THE GENERAL ASSEMBLY ON OR BEFORE TWO YEARS FOLLOWING
THE IMPLEMENTATION OF THE FIRST NATURAL GAS SUPPLIER CHOICE PROGRAM
BY A NATURAL GAS UTILITY TO AFFECT A SIGNIFICANT NUMBER OF LOWINCOME
HOUSEHOLDS.".
Page 14, line 5, strike "(11)" and substitute "(12)";
strike lines 13 through 20.
Page 1, strike line 102 and substitute the following:
"FOR NATURAL GAS.".
Business After consideration on the merits, the committee recommends that SB99-110 be
Affairs amended as follows and, as so amended, be referred to the Committee on Appropriations
and Labor with favorable recommendation:
Amend printed bill, page 10, strike lines 21 and 22;
line 23, strike "CONSTRUED IN AGREEMENT" and substitute
"ELEMENTS" AND "FACILITIES" SHALL BE DEFINED
IN ACCORDANCE";
strike lines 25 and 26.
Page 11, strike line 1;
line 2, strike "A" and substitute "TO THE EXTENT
REQUIRED BY FEDERAL LAW OR BY AN ORDER OF THE COMMISSION THAT
IS CONSISTENT WITH FEDERAL LAW, A";
line 5, after "ELEMENTS,", insert "INCLUDING COMBINATIONS
OF NETWORK ELEMENTS,".
Page 12, line 24, strike "RATES," and substitute "RATES
IN A GEOGRAPHIC AREA,";
line 26, strike "ELEMENTS," and substitute "ELEMENTS
IN THAT GEOGRAPHIC AREA,".
Page 13, line 2, strike "ELEMENTS." and substitute "ELEMENTS
IN THAT GEOGRAPHIC AREA.";
strike lines 15 through 26.
Strike page 14.
Page 15, strike lines 1 through 10.
Renumber succeeding sections accordingly.
Page 15, line 14, strike "SURCHARGES,";
strike lines 15 through 21, and substitute the following:
"INTRASTATE SURCHARGE APPROVED BY THE COMMISSION FOR THE
HIGH COST SUPPORT MECHANISM SHALL BE IMPOSED ON RESIDENTIAL BASIC
SERVICE.
(B) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO".
Business After consideration on the merits, the committee recommends that SB99-065 be
Affairs amended as follows and, as so amended, be referred to the Committee on Appropriations
and Labor with favorable recommendation:
Amend printed bill, strike everything below the enacting clause,
and substitute the following:
"SECTION 1. 49401 (1)
(b) (I) (B) and (1) (b) (II), Colorado Revised Statutes, are amended,
and the said 49401 (1) (b) (I) is further amended
BY THE ADDITION OF A NEW SUBSUBPARAGRAPH, to read:
49401. Place of filing erroneous
filing removal of collateral. (1) (b) (I) The
proper place to file in order to perfect a security interest is
as follows:
(B) In all other cases, ON OR BEFORE DECEMBER 31, 1999,
in the office of the secretary of state or in the office of the
county clerk and recorder of any county;
(C) IN ALL OTHER CASES, ON OR AFTER JANUARY 1, 2000,
IN THE OFFICE OF THE CENTRAL FILING OFFICER.
(II) This paragraph (b) is effective July 1,
1996.
SECTION 2. Part 4 of article 9 of title
4, Colorado Revised Statutes, is amended BY THE ADDITION OF THE
FOLLOWING NEW SECTIONS to read:
49401.5. Central filing officer
definitions powers and duties. (1) AS USED
IN THIS PART 4, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "CENTRAL FILING OFFICER" MEANS THE SECRETARY
OF STATE OR HIS OR HER DESIGNEE.
(b) "FILING OFFICER" MEANS EITHER THE CENTRAL
FILING OFFICER OR THE COUNTY CLERK AND RECORDER OF ANY COUNTY.
(2) EFFECTIVE JANUARY 1, 2000, THE CENTRAL FILING OFFICER
SHALL:
(a) RECEIVE DOCUMENTS PRESENTED FOR FILING PURSUANT
TO THIS PART 4 AND ARTICLE 9.5 OF THIS TITLE;
(b) CONCLUDING NO LATER THAN JULY 1, 2000, ASSEMBLE
A COMPLETE CENTRAL DATABASE OF CENTRAL FILING SYSTEM EFFECTIVE
FINANCING STATEMENTS, "UNIFORM COMMERCIAL CODE" DOCUMENTS,
AND RELATED INFORMATION TOGETHER WITH AN ACCOMPANYING INDEX, PURSUANT
TO SECTION 49414;
(c) MAINTAIN THE CENTRAL DATABASE AND THE CENTRAL INDEX
AND CARRY OUT ALL OTHER DUTIES AND FUNCTIONS OF THE CENTRAL FILING
OFFICER UNDER THIS PART 4 AND ARTICLES 9.3 AND 9.5 OF THIS TITLE;
AND
(d) CHARGE FEES, WHICH SHALL BE DETERMINED AND COLLECTED
PURSUANT TO SECTION 411102, FOR FILING DOCUMENTS AND
MAKING CERTIFICATES AS REQUIRED WHEN ACTING PURSUANT TO THIS PART
4 AND ARTICLES 9.3 AND 9.5 OF THIS TITLE.
(3) EFFECTIVE JANUARY 1, 2000, THE CENTRAL FILING OFFICER
SHALL HAVE THE SOLE AND EXCLUSIVE AUTHORITY TO EXERCISE THE POWERS
AND CARRY OUT THE DUTIES SET FORTH IN SUBSECTION (2) OF THIS SECTION
AND TO CERTIFY THE CONTENTS OF THE CENTRAL FILING OFFICER'S FILES
AND OF THE CENTRAL INDEX PURSUANT TO SECTION 49407.
49401.6. Fees central filing
office cash fund. (1) THE CENTRAL FILING OFFICER
SHALL NOT FILE FOR RECORD ANY DOCUMENT OR DO ANY SUCH OFFICIAL
WORK UNTIL THE FEE OR SUM ESTABLISHED TO BE COLLECTED THEREFOR
HAS FIRST BEEN PAID.
(2) THE CENTRAL FILING OFFICER IS AUTHORIZED TO MAINTAIN
AN ACCOUNTS RECEIVABLE SYSTEM FOR THE COLLECTION OF FEES CHARGED
FOR PAPERS OFFICIALLY EXECUTED AND ALL OTHER OFFICIAL WORK THAT
MAY BE DONE WHILE ACTING AS THE CENTRAL FILING OFFICER UNDER THIS
PART 4 AND ARTICLES 9.3 AND 9.5 OF THIS TITLE.
(3) (a) (I) THE CENTRAL FILING OFFICER SHALL
ADJUST ITS FEES SO THAT THE REVENUE GENERATED FROM THE FEES APPROXIMATES
ITS DIRECT AND INDIRECT COSTS INCURRED IN CARRYING OUT THE DUTIES
OF THE CENTRAL FILING OFFICER UNDER THIS PART 4 AND ARTICLES 9.3
AND 9.5 OF THIS TITLE; EXCEPT THAT NOTWITHSTANDING THE AMOUNT
SPECIFIED FOR THE FEE IN SECTION 411102, THE CENTRAL
FILING OFFICER BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE
THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE CENTRAL
FILING OFFICE CASH FUND TO WHICH ALL OR ANY PORTION OF THE FEE
IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE CENTRAL FILING
OFFICE CASH FUND ARE SUFFICIENTLY REDUCED, THE CENTRAL FILING
OFFICER BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE
AMOUNT OF THE FEE AS PROVIDED IN SECTION 2475402 (4),
C.R.S.
(II) ALL FEES COLLECTED BY THE CENTRAL FILING OFFICER
SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT
THE SAME TO THE CENTRAL FILING OFFICE CASH FUND, WHICH FUND IS
HEREBY CREATED. ALL MONEYS CREDITED TO THE CENTRAL FILING OFFICE
CASH FUND SHALL BE USED AS PROVIDED IN THIS SECTION AND SHALL
NOT BE DEPOSITED IN OR TRANSFERRED TO THE GENERAL FUND OF THIS
STATE OR ANY OTHER FUND. THE MONEYS CREDITED TO THE CENTRAL FILING
OFFICE CASH FUND SHALL BE AVAILABLE FOR APPROPRIATION BY THE GENERAL
ASSEMBLY TO THE CENTRAL FILING OFFICER IN THE GENERAL APPROPRIATION
BILL.
(b) BEGINNING JULY 1, 2000, AND EACH JULY 1 THEREAFTER,
WHENEVER MONEYS APPROPRIATED TO THE CENTRAL FILING OFFICER DURING
THE PRIOR FISCAL YEAR ARE UNEXPENDED, SAID MONEYS SHALL BE MADE
A PART OF THE APPROPRIATION TO THE CENTRAL FILING OFFICER FOR
THE NEXT FISCAL YEAR, AND SUCH AMOUNT SHALL NOT BE RAISED FROM
FEES COLLECTED PURSUANT TO THIS SECTION. IF A SUPPLEMENTAL APPROPRIATION
IS MADE TO THE CENTRAL FILING OFFICER FOR ITS ACTIVITIES, THE
FEES OF THE CENTRAL FILING OFFICER SHALL BE ADJUSTED BY AN ADDITIONAL
AMOUNT THAT IS SUFFICIENT TO COMPENSATE FOR SUCH SUPPLEMENTAL
APPROPRIATION. FUNDS APPROPRIATED TO THE CENTRAL FILING OFFICER
IN THE GENERAL APPROPRIATION BILL FROM THE CENTRAL FILING OFFICE
CASH FUND SHALL BE DESIGNATED AS CASH FUNDS AND SHALL NOT EXCEED
THE AMOUNT ANTICIPATED TO BE RAISED FROM FEES COLLECTED PURSUANT
TO THIS SECTION.
SECTION 3. 49403 (1), (2),
(3), and (4), Colorado Revised Statutes, are amended, and the
said 49403 is further amended BY THE ADDITION OF A
NEW SUBSECTION, to read:
49403. What constitutes filing
duration of filing effect of lapsed filing duties
of filing officer. (1) (a) Presentation for
filing of a financing statement and tender of the filing fee or
acceptance of the statement by the filing officer constitutes
filing under this article.
(b) ON AND AFTER JANUARY 1, 2000, THE CENTRAL FILING
OFFICER SHALL ENSURE THAT DOCUMENTS MAY BE PRESENTED FOR FILING
BY FACSIMILE TRANSMISSION. AFTER FILING, ALL DOCUMENTS SO PRESENTED
SHALL BE RETAINED IN A FORM THAT FACILITATES LOCATION AND REPRODUCTION
OF A TRUE COPY OF ANY SUCH DOCUMENT.
(c) ON AND AFTER JANUARY 1, 2000, THE CENTRAL FILING
OFFICER SHALL ENSURE THAT PRESENTATION FOR FILING MAY BE ACCOMPLISHED
ELECTRONICALLY, WITHOUT THE NECESSITY FOR THE PRESENTATION OF
A PHYSICAL ORIGINAL DOCUMENT OR THE IMAGE THEREOF, IF ALL REQUIRED
INFORMATION IS INCLUDED AND READILY RETRIEVABLE FROM THE DATA
TRANSMITTED. ALL ELECTRONIC FILINGS SHALL BE RETAINED IN A FORM
THAT FACILITATES LOCATION OF THE INFORMATION SO FILED AND PRODUCTION
OF A TRUE AND ACCURATE PHYSICAL PRINTOUT OR OTHER REPRESENTATION
OF THE INFORMATION SO FILED.
(d) TO FACILITATE THE FILING OF DOCUMENTS, INCLUDING
BUT NOT LIMITED TO FILINGS THAT ARE MADE ELECTRONICALLY OR VIA
THE DIGITAL TRANSMISSION OF IMAGES, THE CENTRAL FILING OFFICER
IS HEREBY SPECIFICALLY AUTHORIZED TO ESTABLISH PREPAID ACCOUNTS,
AN ELECTRONIC DEBIT SYSTEM, A SYSTEM FOR THE ACCEPTANCE OF CREDIT
CARDS OR ELECTRONIC FUNDS TRANSFERS, OR ANY COMBINATION THEREOF.
(e) TO FACILITATE THE FILING OF DOCUMENTS IN THE OFFICE
OF THE CENTRAL FILING OFFICER ELECTRONICALLY OR BY FACSIMILE TRANSMISSION,
THE CENTRAL FILING OFFICER IS HEREBY SPECIFICALLY AUTHORIZED TO
ADOPT, BY RULE, TECHNICAL STANDARDS GOVERNING SUCH FILINGS AND
TO REJECT DOCUMENTS THAT DO NOT COMPLY WITH SUCH STANDARDS. SUCH
STANDARDS MAY INCLUDE, WITHOUT LIMITATION, THE SPECIFICATION OF
COMMERCIALLY AVAILABLE SOFTWARE OR THE DISSEMINATION OF SOFTWARE
COMPATIBLE WITH THE CENTRAL FILING OFFICER'S RECEPTION, STORAGE,
AND RETRIEVAL SYSTEM. WHERE NATIONAL STANDARDS ARE AVAILABLE
AND HAVE BEEN PROMULGATED BY A RECOGNIZED PROFESSIONAL ORGANIZATION,
THE CENTRAL FILING OFFICER SHALL CONSIDER AND MAY USE SUCH NATIONAL
STANDARDS AS THE BASIS FOR THE RULES.
(f) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO IMPLY
THAT AN EFFECTIVE FILING MAY NOT BE MADE BY THE PRESENTATION OF
A HARD COPY OF THE FINANCING STATEMENT, IN PROPER FORM, TO THE
CORRECT FILING OFFICER. IT IS THE GENERAL ASSEMBLY'S INTENT THAT
ELECTRONIC FILING BE AVAILABLE IN ADDITION TO, BUT NOT TO THE
EXCLUSION OF, FILING BY TRADITIONAL METHODS.
(2) Except as provided in SECTION 49412
AND IN subsection (6) of this section, a filed financing statement
is effective for a period of five years from the date of filing.
The effectiveness of a filed financing statement lapses on the
expiration of the SUCH fiveyear period
OR, IF APPLICABLE, THE FIVEYEAR PERIOD SPECIFIED IN SECTION
49412, unless a continuation statement is filed prior
to the lapse IN THE FILING OFFICE SPECIFIED IN SECTION 49401
AS THE FILING OFFICE THAT IS APPROPRIATE AS OF THE DATE THE CONTINUATION
STATEMENT IS FILED. If a security interest perfected by filing
exists at the time insolvency proceedings are commenced by or
against the debtor, the security interest remains perfected until
termination of the insolvency proceedings and thereafter for a
period of sixty days or until expiration of the fiveyear
period, whichever occurs later. Upon lapse the security interest
becomes unperfected unless it is perfected without filing. If
the security interest becomes unperfected upon lapse, it is deemed
to have been unperfected as against a person who became a purchaser
or lien creditor before lapse.
(3) (a) Subject to section 49412 and
paragraph (b) of this subsection (3), a continuation statement
may be filed by the secured party within six months prior to the
expiration of the fiveyear period specified in subsection
(2) of this section. Any such continuation statement must identify
the original statement by filing office, file number, and date
of filing. Upon timely filing of the continuation statement,
the effectiveness of the original statement is continued for five
years after the last date to which the filing was effective OR,
IF APPLICABLE, THE FIVEYEAR PERIOD SPECIFIED IN SECTION
49412, whereupon it lapses in the same manner as provided
in subsection (2) of this section unless another continuation
statement is filed prior to such lapse. Succeeding continuation
statements may be filed in the same manner to continue the effectiveness
of the original statement. Unless a statute on disposition of
public records provides otherwise and except as provided in subsection
(6) of this section, the filing officer may remove a lapsed statement
from the files and destroy it or a microfilm or other photographic
record thereof after one year after the lapse. The filing officer
shall so arrange matters, WHETHER by physical
annexation of financing statements to continuation statements
or other related filings or by other means, SO AS TO ENSURE that
if he or she THE FILING OFFICER physically destroys
the financing statements of a period more than five years past,
those which have been continued by a continuation statement or
which are still effective under subsection (6) of this section
shall be retained. No continuation statement filed pursuant to
this paragraph (a) on or after July 1, 1995, shall be ineffective
solely because it failed to include a statement that the original
financing statement is still effective.
(b) Any continuation statement filed on or after July
1, 1996, AND BEFORE JANUARY 1, 1998, including one that was perfected
by filing with both the offices of the secretary of state and
a county clerk and recorder, continues the perfection in all of
the collateral listed on the filing. WITH RESPECT TO CONTINUATION
STATEMENTS FILED ON OR AFTER JULY 1, 1996, AND BEFORE JANUARY
1, 1998, the filing of a single continuation statement shall maintain
the effectiveness of financing statements that name identical
collateral but have been filed in multiple locations.
(4) Except as provided in subsection (7) of this section,
a filing officer shall mark each statement with a file number
and with the date and hour of filing and shall hold the statement
or a microfilm or other photographic TRUE copy
OR DIGITALLY STORED IMAGE thereof for public inspection. In addition,
the filing officer shall index the statement according to the
name of the debtor and shall note in the index the file number
and the address of the debtor given in the statement.
(5) EFFECTIVE JANUARY 1, 2000, A FINANCING STATEMENT
FILED BEFORE JANUARY 1, 2000, MAY BE CONTINUED ONLY BY FILING
A CONTINUATION STATEMENT IN THE FILING OFFICE IN WHICH SUCH FINANCING
STATEMENT IS REQUIRED TO BE FILED ON OR AFTER SAID DATE PURSUANT
TO SECTION 49401 (1) (b).
SECTION 4. Part 4 of article 9 of title
4, Colorado Revised Statutes, is amended BY THE ADDITION OF A
NEW SECTION to read:
49403.5. Filing officer's authority
to reject certain records definitions. (1) THE
CENTRAL FILING OFFICER SHALL, AND ANY FILING OFFICER MAY, REFUSE
TO ACCEPT A RECORD FOR FILING ON ANY BASIS SET FORTH IN SUBSECTION
(2) OF THIS SECTION. THE LIST OF BASES FOR REFUSAL SET FORTH
IN SUBSECTION (2) OF THIS SECTION IS EXCLUSIVE.
(2) FILING DOES NOT OCCUR WITH RESPECT TO A RECORD
THAT A FILING OFFICER REFUSES TO ACCEPT BECAUSE:
(a) THE RECORD IS NOT COMMUNICATED BY A METHOD OR MEDIUM
OF COMMUNICATION AUTHORIZED BY THE FILING OFFICER;
(b) AN AMOUNT EQUAL TO OR GREATER THAN THE APPLICABLE
FILING FEE IS NOT TENDERED;
(c) THE FILING OFFICER IS UNABLE TO INDEX THE RECORD
BECAUSE:
(I) IN THE CASE OF AN INITIAL FINANCING STATEMENT OR
AN AMENDMENT THAT PROVIDES A NAME OF A DEBTOR THAT WAS NOT PREVIOUSLY
PROVIDED IN THE FINANCING STATEMENT TO WHICH THE AMENDMENT RELATES,
THE RECORD DOES NOT PROVIDE A NAME AND MAILING ADDRESS FOR THE
DEBTOR;
(II) IN THE CASE OF AN AMENDMENT, THE RECORD:
(A) DOES NOT IDENTIFY THE FILE NUMBER OF THE INITIAL
FINANCING STATEMENT, THE FILING OFFICE IN WHICH THE INITIAL FINANCING
STATEMENT WAS FILED, AND THE NAME OF AT LEAST ONE OF THE DEBTORS
OF RECORD; OR
(B) IDENTIFIES AN INITIAL FINANCING STATEMENT WHOSE
EFFECTIVENESS HAS LAPSED UNDER SECTION 49403, 49412,
OR 49.5106;
(d) IN THE CASE OF AN INITIAL FINANCING STATEMENT AND
AN AMENDMENT THAT ADDS A SECURED PARTY OF RECORD, THE RECORD DOES
NOT PROVIDE A NAME AND MAILING ADDRESS FOR THE SECURED PARTY OF
RECORD;
(e) IN THE CASE OF AN ASSIGNMENT REFLECTED IN AN INITIAL
FINANCING STATEMENT OR AN AMENDMENT, THE RECORD DOES NOT PROVIDE
A NAME AND ADDRESS FOR THE ASSIGNEE; OR
(f) IN THE CASE OF A CONTINUATION STATEMENT, THE RECORD
IS NOT FILED WITHIN THE SIXMONTH PERIOD SPECIFIED IN SECTION
49403, 49412, OR 49.5106,
AS APPLICABLE.
(3) FOR PURPOSES OF THIS SECTION:
(a) "RECORD" MEANS INFORMATION THAT IS INSCRIBED
IN A TANGIBLE MEDIUM OR THAT IS STORED IN AN ELECTRONIC OR OTHER
MEDIUM AND IS RETRIEVABLE IN PERCEIVABLE FORM;
(b) A RECORD DOES NOT PROVIDE INFORMATION IF THE FILING
OFFICER IS UNABLE TO DECIPHER THE INFORMATION;
(c) A RECORD THAT DOES NOT INDICATE THAT IT IS AN AMENDMENT
OR IDENTIFY AN INITIAL FINANCING STATEMENT TO WHICH IT RELATES
IS AN INITIAL FINANCING STATEMENT; AND
(d) IF A FILING OFFICER REFUSES TO ACCEPT A RECORD
FOR FILING, THE FILING OFFICER SHALL COMMUNICATE THE FACT OF AND
REASON FOR SUCH REFUSAL TO THE PERSON THAT PRESENTED THE RECORD.
SUCH COMMUNICATION SHALL BE MADE AT THE TIME AND IN THE MANNER
PRESCRIBED BY THE FILING OFFICER BUT IN NO EVENT MORE THAN TWO
BUSINESS DAYS AFTER THE FILING OFFICER RECEIVES THE RECORD.
SECTION 5. 49407 (2), Colorado
Revised Statutes, is amended to read:
49407. Information from filing officer.
(2) (a) Upon request of any person, the filing
officer shall issue his A certificate showing
whether there is THE FILING OFFICER HAS on file
on OR HAS RECEIVED FOR FILING PURSUANT TO A TRANSFER
UNDER SECTION 49414, AS OF the date and hour stated
therein, any presently effective financing statement naming a
particular debtor, any other statement, and any federal tax lien
notice, and if there is, giving the date and hour of filing of
each such statement or notice and the names and addresses of each
secured party or grantee therein. Upon request the filing officer
shall furnish a copy of any filed financing statement, any other
statement, or any tax lien notice.
(b) AS USED IN THIS SUBSECTION (2), A PRESENTLY EFFECTIVE
FINANCING STATEMENT MEANS A FINANCING STATEMENT THAT HAS NOT BEEN
TERMINATED PURSUANT TO SECTION 49404 AND HAS NOT BEEN
RENDERED INEFFECTIVE BY THE FAILURE TO FILE A CONTINUATION STATEMENT
REQUIRED BY SECTION 49403 OR 49412.
SECTION 6. Part 4 of article 9 of title
4, Colorado Revised Statutes, is amended BY THE ADDITION OF THE
FOLLOWING NEW SECTIONS to read:
49414. Transfer of files. (1) (a) AFTER
JANUARY 1, 2000, AND IN ANY EVENT NO LATER THAN JULY 1, 2000,
THE CENTRAL FILING OFFICER SHALL HAVE THE POWER AND DUTY TO OBTAIN
FROM EACH COUNTY CLERK AND RECORDER, WORKING IN COOPERATION WITH
EACH AND TO THE EXTENT THE CENTRAL FILING OFFICER DEEMS NECESSARY,
ORIGINALS OR TRUE COPIES OF THE FOLLOWING RECORDS FOR PURPOSES
OF ASSEMBLING A COMPLETE, CENTRAL DATABASE OF "UNIFORM COMMERCIAL
CODE" DOCUMENTS, EFFECTIVE FINANCING STATEMENTS, AND RELATED
INFORMATION AND AN ACCOMPANYING INDEX:
(I) ALL RECORDS FILED ON OR AFTER JULY 1, 1996, AND
BEFORE JANUARY 1, 2000, IN THE "UNIFORM COMMERCIAL CODE"
RECORDS OR CENTRAL FILING SYSTEM RECORDS OF THE SECRETARY OF STATE
OR OF ANY COUNTY CLERK AND RECORDER;
(II) ALL RECORDS FILED ON OR AFTER JULY 1, 1996, AND
BEFORE JANUARY 1, 2000, IN THE OFFICE OF THE SECRETARY OF STATE
OR OF ANY COUNTY CLERK AND RECORDER THAT INDICATED THAT THEY WERE
TO BE FILED IN THE "UNIFORM COMMERCIAL CODE" RECORDS
OR CENTRAL FILING SYSTEM RECORDS, REGARDLESS OF WHERE THEY WERE
ACTUALLY FILED;
(III) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (c)
OF THIS SUBSECTION (1), ALL FINANCING STATEMENTS AND EFFECTIVE
FINANCING STATEMENTS, REGARDLESS OF WHEN FILED, THAT ARE REFERENCED
IN AMENDMENTS, ASSIGNMENTS, TERMINATION STATEMENTS, STATEMENTS
OF RELEASE, AND CONTINUATION STATEMENTS THAT, ON OR AFTER JULY
1, 1996, AND BEFORE JANUARY 1, 2000, EITHER:
(A) WERE FILED IN THE "UNIFORM COMMERCIAL CODE"
RECORDS OR CENTRAL FILING SYSTEM RECORDS OF THE SECRETARY OF STATE;
OR
(B) WERE FILED, OR INDICATED THEY WERE TO BE FILED,
IN THE "UNIFORM COMMERCIAL CODE" RECORDS OR CENTRAL
FILING SYSTEM RECORDS OF ANY COUNTY CLERK AND RECORDER.
(IV) AS TO ALL RECORDS DESCRIBED IN SUBPARAGRAPHS (I)
TO (III) OF THIS PARAGRAPH (a), AN ACCOMPANYING INDEX SUFFICIENT
TO PERMIT LOCATION OF EACH FILING BY DEBTOR NAME, SOCIAL SECURITY
OR TAXPAYER IDENTIFICATION NUMBER, OR FILE NUMBER.
(b) THE CLERK AND RECORDER OF EACH COUNTY SHALL CONTINUE
TO MAINTAIN RECORDS OF FINANCING STATEMENTS FILED IN THE REAL
ESTATE RECORDS OF THE OFFICE OF THE COUNTY CLERK AND RECORDER.
IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT FINANCING STATEMENTS
AND OTHER DOCUMENTS HERETOFORE FILED ONLY IN THE REAL ESTATE RECORDS
OF EACH COUNTY CONTINUE TO BE SO FILED, BUT THAT ALL DOCUMENTS
OF THE TYPE DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (1)
SHALL BE FILED WITH THE CENTRAL FILING OFFICER ON AND AFTER JANUARY
1, 2000.
(c) NOTWITHSTANDING SUBPARAGRAPH (III) OF PARAGRAPH
(a) OF THIS SUBSECTION (1), IT SHALL NOT BE THE DUTY OF THE CENTRAL
FILING OFFICER TO OBTAIN AN ORIGINAL OR TRUE COPY OF ANY FINANCING
STATEMENT FILED WITH A COUNTY CLERK AND RECORDER PURSUANT TO SECTION
49401 (1) (b) (I) (A). THE CENTRAL FILING OFFICER
SHALL HAVE DISCRETION TO RECEIVE SUCH ORIGINAL OR TRUE COPIES
IF SUCH A TRANSFER IS NECESSARY TO ACHIEVE THE COMPLETE AND EFFICIENT
TRANSFER OF ALL RECORDS THAT THE CENTRAL FILING OFFICER HAS A
DUTY TO OBTAIN UNDER PARAGRAPH (a) OF THIS SUBSECTION (1).
(2) BETWEEN JULY 1, 1999, AND JANUARY 1, 2000, EACH
COUNTY CLERK AND RECORDER, IN CONSULTATION WITH THE CENTRAL INFORMATION
SYSTEM BOARD ESTABLISHED IN SECTION 49.3103, SHALL
ADOPT SUCH PROCEDURES AS SUCH CLERK AND RECORDER SHALL DEEM REASONABLE
AND APPROPRIATE TO NOTIFY PERSONS FILING FINANCING STATEMENTS
OR OTHER LIEN DOCUMENTS THAT, ON AND AFTER JANUARY 1, 2000, ALL
RECORDS OF THE TYPE DESCRIBED IN PARAGRAPH (a) OF SUBSECTION (1)
OF THIS SECTION ARE TO BE FILED WITH THE CENTRAL FILING OFFICER.
49415. Performance testing adequacy
of resources selfaudits reports to general
assembly. (1) AS AN INTEGRAL PART OF THE DESIGN
AND IMPLEMENTATION OF THE CENTRAL FILING SYSTEM AND THE CENTRAL
INDEX, THE CENTRAL FILING OFFICER SHALL INCLUDE THE CAPABILITY
FOR PERIODIC, INTERNAL AUDITS TO DETERMINE THE ACCURACY AND COMPLETENESS
OF THE INDEX, THE ACCURACY AND THE COMPLETENESS OF THE INFORMATIONGATHERING
PROCESS PURSUANT TO SECTION 49414, THE TIME LAG, IF
ANY, BETWEEN THE PRESENTATION OF A DOCUMENT FOR FILING AND THE
APPEARANCE OF THE DOCUMENT IN THE CENTRAL FILING OFFICER'S RECORDS
AND IN THE CENTRAL INDEX, AND OTHER FACTORS BEARING ON THE PERFORMANCE
OF THE CENTRAL FILING SYSTEM AND THE CENTRAL INDEX AND THE ACCURACY
OF THE CENTRAL FILING OFFICER'S CERTIFICATIONS PURSUANT TO SECTION
49407.
(2) ON OR BEFORE NOVEMBER 1, 1999, AND QUARTERLY THEREAFTER,
TO AND INCLUDING NOVEMBER 1, 2000, THE CENTRAL FILING OFFICER
SHALL REPORT TO THE LEGISLATIVE AUDIT COMMITTEE ON THE RESULTS
OF INTERNAL AUDITS CONDUCTED PURSUANT TO SUBSECTION (1) OF THIS
SECTION.
(3) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
THE CENTRAL FILING OFFICER IS AUTHORIZED TO HIRE ALL NECESSARY
PERSONNEL AND PROCURE ALL NECESSARY EQUIPMENT TO ASSIST THE CENTRAL
FILING OFFICER IN EXERCISING THE POWERS AND CARRYING OUT THE DUTIES
SET FORTH IN THIS PART 4 AND IN ARTICLES 9.3 AND 9.5 OF THIS TITLE,
INCLUDING WITHOUT LIMITATION ACQUIRING THE CAPABILITY TO RECEIVE
ELECTRONIC FILINGS; EXCEPT THAT, IF THE CENTRAL FILING OFFICER
FAILS TO HIRE PERSONNEL OR PROCURE EQUIPMENT ADEQUATE TO THESE
TASKS ON OR BEFORE JANUARY 1, 2000, THE CENTRAL INFORMATION SYSTEM
BOARD, CREATED IN SECTION 49.3103, IS HEREBY AUTHORIZED
TO DO SO ON THE CENTRAL FILING OFFICER'S BEHALF, WITH OR WITHOUT
THE CENTRAL FILING OFFICER'S CONSENT.
SECTION 7. 49.3102, Colorado
Revised Statutes, is amended to read:
49.3102. Definitions. As used in
this article, unless the context otherwise requires:
(1) "Board" means the central indexing
INFORMATION system board.
(2) "CENTRAL FILING OFFICER" MEANS THE SECRETARY
OF STATE OR HIS OR HER DESIGNEE.
SECTION 8. The introductory portion to
49.3103 (1) (a) and 49.3103 (3) (b) and
(3) (f), Colorado Revised Statutes, are amended to read:
49.3103. Central information system
board director duties. (1) (a) There
is hereby established in the department of state, by a type
1 transfer, a central indexing INFORMATION
system board which shall consist of the following eleven members:
(3) In performing its duties pursuant to this article,
the board has the power AND DUTY to:
(b) Adopt, rescind, modify, or amend rules, orders,
and resolutions for the exercise of its AND THE CENTRAL FILING
OFFICER'S powers and duties, including but not limited to rules
lowering or increasing the amount of the surcharge imposed pursuant
to section 49.3105 (3), subject to article 4 of title
24, C.R.S.;
(f) Determine which filings to perfect security
interests and notices of agricultural liens and other liens created
by law shall be indexed in the central indexing system;
SECTION 9. 49.3104, Colorado
Revised Statutes, is amended to read:
49.3104. Central information system.
(1) On the earliest practical date, the board
CENTRAL FILING OFFICER shall implement the central indexing
INFORMATION system under the supervision of a designee
of such THE board.
(2) The indexing of a document pursuant to
this article shall not constitute notice for purposes of section
3835109, C.R.S.
SECTION 100 49.3105, Colorado Revised
Statutes, is amended to read:
49.3105. Central information system
cash fund creation. (1) The surcharge on
filings and recordings made pursuant to subsection (3) of this
section shall fund the hardware, software, programming, maintenance,
and other related costs needed to allow for the electronic filing
and retrieval of lien index data under the central
indexing INFORMATION system Effective
July 1, 1996, moneys in the fund shall be appropriated by the
general assembly to the board only for AND FOR OTHER
purposes recommended by the board to the joint budget committee.
For purposes of this article, "filing or recording"
means the performance of any service by a clerk and recorder whether
or not a specific statute uses the phrase, and includes any service
performed by a clerk and recorder for a fee whereby a document
becomes a public record. Notwithstanding any provision of this
subsection (1) to the contrary, "filing or recording"
does not mean the filing of a marriage license, the recording
of a veterans' discharge certificate, or the recording of a duplicate
motor vehicle title. The board may exempt other filings or recordings
from the surcharge, as deemed appropriate.
(2) The surcharges collected by the board pursuant
to subsection (3) of this section shall be transmitted to the
state treasurer who shall credit the same to the central indexing
system cash fund, which fund is hereby created. The moneys in
such fund shall be subject to annual appropriation by the general
assembly to the board for the purposes described in subsection
(1) of this section.
(3) (a) A onedollar surcharge shall
be imposed on any and all filings and recordings made with the
division of commercial recordings in the office of the secretary
of state or any office of a county clerk and recorder, regardless
of the statute under which the filing or recording is made; except
that such surcharge shall not be imposed on filings and recordings
for which there is no charge.
(b) Notwithstanding the amount specified for
the surcharge in paragraph (a) of this subsection (3), the board
by rule or as otherwise provided by law may reduce the amount
of the surcharge if necessary pursuant to section 2475402
(3), C.R.S., to reduce the uncommitted reserves of the fund to
which all or any portion of the surcharge is credited. After
the uncommitted reserves of the fund are sufficiently reduced,
the board by rule or as otherwise provided by law may increase
the amount of the surcharge as provided in section 2475402
(4), C.R.S.
(3.4) Revenues collected by the board
CENTRAL FILING OFFICER from the operation of the central indexing
INFORMATION system with the exception of revenues derived
from the surcharge described in subsection (3) of this section,
shall be transmitted to the state treasurer, who shall credit
the same to the central indexing INFORMATION
system cash fund, WHICH FUND IS HEREBY CREATED IN THE STATE TREASURY.
Such revenues shall be subject to annual appropriation by the
general assembly to the board for the purposes described in subsection
(1) of this section and in section 49.3103. The board
may allocate a share of such revenues to the governmental agencies
that provide database information to the central indexing
INFORMATION system for public access purposes.
(3.5) (a) There is hereby created within the central indexing
INFORMATION system cash fund a county clerk's technology fund.
The secretary of state shall transmit the following revenues
to the state treasurer, who shall credit them to such fund:
(I) Three dollars from the filing of each financing
statement and each amendment, continuation, assignment, release,
or termination of a financing statement, collected pursuant to
section 2421104 (3) (f) (II), C.R.S.
(II) Any revenue in the central indexing system
cash fund not used for the continuing operation of the board or
the central indexing system or otherwise allocated pursuant to
subsection (3.4) of this section.
(b) The board shall determine, and may establish
subcommittees to recommend, formulae pursuant to which moneys
in the county clerk's technology fund shall be allocated among
the county clerks. It is the intent of the general assembly that
moneys in the fund be distributed directly to each county clerk
in an amount equal to the allocation determined by the board and
that such distribution not be considered a transfer to a county's
general fund or subject to appropriation by a county commission.
(4) Subsections (1), (2), and (3) of this section
and this subsection (4) are repealed, effective December 31, 2000.
ALL EQUIPMENT, SOFTWARE, AND OTHER PROPERTY PURCHASED WITH MONEYS
FROM THE COUNTY CLERK'S TECHNOLOGY FUND SHALL BECOME THE PROPERTY
OF THE RESPECTIVE COUNTIES IN WHICH SUCH PROPERTY EXISTS AS OF
DECEMBER 31, 1999. THE BOARD SHALL DETERMINE, AND MAY ESTABLISH
SUBCOMMITTEES TO RECOMMEND, FORMULAE PURSUANT TO WHICH ANY UNEXPENDED,
UNENCUMBERED MONEYS REMAINING IN THE COUNTY CLERK'S TECHNOLOGY
FUND AS OF DECEMBER 31, 1999, SHALL BE ALLOCATED AMONG THE COUNTY
CLERKS. IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT MONEYS
IN THE FUND BE DISTRIBUTED DIRECTLY TO EACH COUNTY CLERK IN AN
AMOUNT EQUAL TO THE ALLOCATION DETERMINED BY THE BOARD AND THAT
SUCH DISTRIBUTION NOT BE CONSIDERED A TRANSFER TO A COUNTY'S GENERAL
FUND OR SUBJECT TO APPROPRIATION BY A COUNTY COMMISSION.
SECTION 110 49.3106 (1.5), (2),
and (3), Colorado Revised Statutes, are amended to read:
49.3106. Duties of filing officer
repeal. (1.5) Except as authorized by section
3835202, C.R.S., a filing officer shall not reject
a document submitted for filing under this title unless:
(a) The filing party has failed to submit the
proper fee; or
(b) The filing officer determines that the
document is illegible and cannot be indexed by the debtor's name.
(2) For purposes of this section, "timely manner"
means that:
(a) Filings received before noon on any business day
will be transmitted to the central indexing INFORMATION
system no later than the end of the following business day;
(b) Filings received after noon will be transmitted
to the central indexing INFORMATION system no
later than the end of the second business day following the day
of receipt.
(3) This section shall take effect July 1,
1996 IS REPEALED, EFFECTIVE JANUARY 1, 2000.
SECTION 120 49.3107 (1), Colorado Revised Statutes, is amended to read:
49.3107. Immunity. (1) Except
in cases of willful misconduct or bad faith, the department of
revenue STATE and central indexing
INFORMATION system board contractors and contractors' employees
shall be exempt from personal liability as a result of an error
or omission in receiving, entering, storing, or providing information
or performing their duties as required by this title.
SECTION 130 49.5103 (3), (7) (b),
(7) (f), (7) (j), and (12), Colorado Revised Statutes, are amended,
and the said 49.5103 is further amended BY THE ADDITION
OF A NEW SUBSECTION, to read:
49.5103. Definitions. As used in
this article, unless the context otherwise requires:
(2.5) "CENTRAL FILING OFFICER" MEANS THE
SECRETARY OF STATE OR HIS OR HER DESIGNEE.
(3) "Central filing system" means a system
for filing effective financing statements or notice of such financing
statements on a statewide basis and which has been certified by
the secretary of the United States department of agriculture pursuant
to section 1324 of the "Food Security Act of 1985".
IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT, EFFECTIVE JANUARY
1, 2000, THE FILING SYSTEM ESTABLISHED BY SECTION 49401
SHALL CONSTITUTE THE CENTRAL FILING SYSTEM.
(7) "Effective financing statement" means
a statement that:
(b) Is signed, unless the statement is filed by electronic
transmission, and filed with the office of the board or
its designee CENTRAL FILING OFFICER by the secured party;
(f) Remains effective for a period of five years from
the date of filing, subject to extensions for additional fiveyear
periods by filing a continuation statement within six
months before the expiration of the current
APPLICABLE fiveyear period, as provided in section 49.5106;
(j) Is accompanied by the requisite filing fee, established
pursuant to article 9.3 of this title SECTION
411102;
(12) "Registrant" or "registered buyer"
means any buyer of farm products, commission merchant, or selling
agent, who has registered with the board CENTRAL
FILING OFFICER pursuant to section 49.5104 (4).
SECTION 140 49.5104 (1), the introductory
portions to 49.5104 (2) and (3) (a), and 49.5104
(4), (5) (a), (6), and (7), Colorado Revised Statutes, are amended
to read:
49.5104. Central filing system.
(1) The board shall be responsible for the design,
implementation, and operation of a central filing system for effective
financing statements. The system shall provide a means for filing
effective financing statements or notices of such effective financing
statements WITH THE CENTRAL FILING OFFICER. The system shall
include requirements:
(a) That an effective financing statement be filed
in the office of the board or its designee. In the case
of a secured party filing a notice of effective financing statement
by computer modem access with the office of the board or its designee,
the effective financing statement may be filed with the same office
of the county clerk and recorder or the secretary of state where
the security interest is filed, pursuant to section 49401
CENTRAL FILING OFFICER;
(b) That the board or its designee or, pursuant
to paragraph (a) of this subsection (1), the county clerk and
recorder or the secretary of state CENTRAL FILING OFFICER
record the date and hour of the filing of effective financing
statements; and
(c) That the board or its designee or, pursuant
to paragraph (a) of this subsection (1), the county clerk and
recorder or the secretary of state shall CENTRAL FILING
OFFICER assign a file number to each effective financing statement.
(2) The board or its designee CENTRAL
FILING OFFICER shall compile all such statements or notices into
a master list:
(3) (a) The board or its designee
CENTRAL FILING OFFICER shall cause the information on the master
list to be published in lists:
(4) All buyers of farm products, commission merchants,
selling agents, and other persons may register with the board
or its designee CENTRAL FILING OFFICER to receive lists
described in subsection (3) of this section. Any buyer of farm
products, commission merchant, selling agent, or other person
conducting business from multiple locations may be considered
as one entity, at its option. Such registration shall be on an
annual basis. except that the first registration shall
be for calendar years 1988 and 1989. The board or its
designee shall provide the form for registration which
THAT shall include the name and address of the registrant and
the list or lists described in subsection (3) of this section
which THAT such registrant desires to receive.
A registration shall not be completed until the form provided
is properly completed and received by the board or its
designee CENTRAL FILING OFFICER accompanied by the proper
fee for the desired list or lists.
(5) (a) The lists as identified pursuant to subsection
(3) of this section shall be distributed by the board
or its designee CENTRAL FILING OFFICER and shall reflect
all then effective filings, calling attention to new filings,
changes, and terminations since the last list, and shall be in
writing or printed AND SHALL ALSO BE STORED IN microfiche and
computerreadable forms. The board or its designees
shall determine the frequency with which the lists identified
pursuant to subsection (3) of this section shall be distributed.
Such lists may be distributed on an annual basis with three quarterly
cumulative supplements reflecting all new filings, changes, and
terminations since the last list, if it is costeffective,
requested by registered buyers, and permitted by applicable federal
law. The board shall also provide for the distribution by the
board or its designee CENTRAL FILING OFFICER
of the lists in direct computer access form and establish reasonable
charges therefor pursuant to article 9.3 of this title. The board
may also develop other forms in which to distribute lists and
establish charges therefor pursuant to article 9.3 of this title.
The distribution shall be made by firstclass mail, postage
prepaid. A registrant is deemed to be registered only as to those
products, counties, and crop years for which the registrant requests
a list. If the name of the seller of a farm product is not on
a list requested and received by a registrant, the registrant
shall have no liability under this article except as to those
farm products for which the registrant has received direct notification
of the existence of security interests pursuant to sections 1324
(e) (1) and (g) (2) (A) of the federal "Food Security Act
of 1985". The registrant may rely on the representation of
the seller as to the seller's identity, so long as the reliance
is in good faith.
(6) The board or, its designee AT
THE BOARD'S DIRECTION, THE CENTRAL FILING OFFICER, shall remove
lapsed and terminated effective financing statements or notices
of such financing statements from the master list prior to preparation
of the lists required to be distributed by subsection (5) of this
section.
(7) The board shall apply no later than January
1, 1989, to the secretary of the United States department of agriculture
for certification of the central filing system.
SECTION 150 49.5105 (1) and (5),
Colorado Revised Statutes, are amended to read:
49.5105. Confirmations. (1) Oral
and written inquiries regarding information provided by the filing
of effective financing statements may be made at the office of
the board's designee CENTRAL FILING OFFICER between
the hours of 8:30 a.m. and 5 p.m. on business days.
(5) A buyer of farm products, whether or not registered,
may rely conclusively on an oral or written confirmation received
pursuant to this section, regardless of any errors or omissions
committed by the board or its designee CENTRAL
FILING OFFICER in the preparation or issuance of the confirmation.
If the board or its designee CENTRAL FILING
OFFICER confirms orally or in writing to such buyer that the name
of the seller is not on the list for a specified product, such
buyer shall have no liability under this article and the buyer
may rely on the representation of the seller as to his
THE SELLER'S identity, so long as the reliance is in good faith.
SECTION 160 49.5107 (1) and (2) (b), Colorado Revised Statutes, are amended to read:
49.5107. Notice of termination.
(1) Whenever there is no outstanding secured obligation
and no commitment to make advances, incur obligations, or otherwise
give value, the secured party shall, within thirty days, file
with the board or its designee CENTRAL FILING
OFFICER a notice of termination of the effective financing statement
and provide notice to the debtor of such filing, unless the debtor
otherwise requests. If the affected secured party fails to file
a termination statement within the thirtyday period, he
THE SECURED PARTY shall be liable to the debtor for one hundred
dollars, and, in addition, for any loss caused to the debtor by
such failure.
(2) (b) Termination shall be effective as of the
date and hour of filing the notice with the board or its
designee CENTRAL FILING OFFICER.
SECTION 170 49.5108 (1), Colorado
Revised Statutes, is amended to read:
49.5108. Filings generally. (1) The
board or its designee or, pursuant to section 49.5104
(1) (a), the county clerk and recorder or the secretary of state
CENTRAL FILING OFFICER shall accept for filing all filings pursuant
to this title during regular business hours. The board
or its designee or, pursuant to section 49.5104 (1)
(a), the county clerk and recorder or the secretary of state
CENTRAL FILING OFFICER shall record the date and hour of the filing
of such statements. In the event of an electronic filing made
other than during regular business hours, the county clerk
and recorder or the secretary of state CENTRAL FILING
OFFICER shall record the date of filing as follows: If an electronic
filing is made other than during the regular business hours of
the filing office, the date of filing shall be the day on which
such office next commences business, and the hour of filing shall
be the commencement of business on such day. All filings made
pursuant to this title that are filed as paper documents and not
electronically shall be filed in duplicate, and one copy of the
statement shall be returned to the filing party stamped to show
the time of receipt thereof OF THE FILING. All
filings shall be submitted for filing on forms prescribed by the
board. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE
THE CENTRAL FILING OFFICER TO ACCEPT FOR FILING ANY RECORD THE
REJECTION OF WHICH IS REQUIRED OR PERMITTED UNDER SECTION 49403.5.
SECTION 180 49.5110, Colorado Revised
Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
49.5110. Fees rules and regulations.
(4) ON OR BEFORE JULY 30, 1999, THE BOARD SHALL APPLY
TO THE UNITED STATES SECRETARY OF AGRICULTURE FOR CERTIFICATION
THAT THE CENTRAL FILING OFFICER AND THE CENTRAL FILING SYSTEM,
AS MODIFIED BY LEGISLATIVE ENACTMENTS EFFECTIVE JANUARY 1, 2000,
CONTINUE TO COMPLY WITH THE REQUIREMENTS OF THE FEDERAL "FOOD
SECURITY ACT OF 1985".
SECTION 190 411102 (1), (3), and
(4), Colorado Revised Statutes, are amended to read:
411102. Fees for filing, indexing, and
furnishing data. (1) The filing officer shall charge
a uniform fee in accordance with the following schedule:
(a) For filing, indexing, and furnishing filing data
for an original financing statement, pursuant to section 49403
OR AN ORIGINAL EFFECTIVE FINANCING STATEMENT PURSUANT TO SECTION
49.5108: Fifteen dollars.
(a.5) (I) For filing a continuation statement
between July 1, 1996, and December 31, 1997: Five dollars.
(II) For filing, indexing, and furnishing filing data
for a continuation statement, except between July 1, 1996, and
December 31, 1997: Fifteen dollars.
(b) For filing and indexing a separate statement of
assignment pursuant to section 49404 (1)
OR 49.5108: Fifteen dollars.
(c) For filing and indexing a termination statement
pursuant to section 49404 (2) OR
49.5107: Fifteen dollars.
(d) For filing, indexing, and furnishing filing data
for a financing statement indicating an assignment of a security
interest in the collateral described in the statement, pursuant
to section 49405 (1) OR 49.5108: Fifteen
dollars.
(e) For filing, indexing, and furnishing filing data
for a separate written statement of assignment, pursuant to section
49405 (2) OR 49.5108: Fifteen dollars.
(f) For filing and noting a statement releasing all
or a part of any collateral described in a filed financing statement,
pursuant to section 49406 OR 49.5108:
Fifteen dollars.
(g) (I) For issuance of a certificate, pursuant
to section 49407 (2): Five dollars for the first year
searched, plus two dollars for each additional year searched.
(II) For furnishing a copy of any filed financing statement
or other statement, pursuant to section 49407 (2):
One dollar AND twentyfive cents per page, plus one dollar
for certifying such copy and affixing the seal thereto.
(h) (Deleted by amendment, L. 91, p. 707, -
1, effective July 1, 1991.)
(3) When a document is not submitted on a standard
form established by the central indexing system board
CENTRAL FILING OFFICER for such purpose, the filing officer shall
charge a fivedollar fee in addition to any other fee imposed
pursuant to this section for filing, indexing, and furnishing
data pursuant to subsection SUBSECTIONS (1) (a),
(1) (a.5) (II), (1) (b), (1) (c), (1) (d), (1) (e), and (1) (f)
of this section.
(4) Notwithstanding the amount specified for any fee
in subsection (1) of this section, the secretary of state
CENTRAL FILING OFFICER by rule or as otherwise provided by law
may SHALL reduce the amount of one or more of
the fees if necessary pursuant to section 2475402
(3), C.R.S., to reduce the uncommitted reserves of the fund to
which all or any portion of one or more of the fees is credited.
After the uncommitted reserves of the fund are sufficiently reduced,
the secretary of state CENTRAL FILING OFFICER
by rule or as otherwise provided by law may increase the amount
of one or more of the fees as provided in section 2475402
(4), C.R.S.
SECTION 200 1410122 (1.5) (c),
(1.5) (e) (II), and (1.5) (I), Colorado Revised Statutes, are
amended to read:
1410122. Modification and termination
of provisions for maintenance, support, and property disposition
automatic lien. (1.5) (c) Lien on
personal property other than wages and moneys held by a financial
institution as defined by 42 U.S.C. sec. 669 (d) or motor vehicles.
(I) To evidence a lien on personal property, other
than wages and moneys held by a financial institution as defined
in section 42 U.S.C. sec. 669 (d) or motor vehicles,
created pursuant to this subsection (1.5), the state child support
enforcement agency shall file a notice of lien with the central
indexing system board established pursuant to section 49.3103,
C.R.S. CENTRAL FILING OFFICER DESIGNATED IN SECTION 49401.5,
C.R.S., by means of direct electronic data transmission. From
the time of filing the notice of lien with the central indexing
system FILING OFFICER, such lien shall be an encumbrance
in favor of the obligee, or the assignee of the obligee, and shall
encumber all personal property or any interest of the obligor
in any personal property.
(II) The lien on personal property created by this
section shall remain in effect twelve years or until all pastdue
amounts are paid, including any accrued interest and costs, without
the necessity of renewal. Within twenty calendar days after satisfaction
of the debt or debts described in the notice of lien, the state
child support enforcement agency shall file a release of lien
with the central indexing system board FILING
OFFICER. The filing of such a release of lien shall be conclusive
evidence that the lien is extinguished.
(III) The state child support enforcement agency shall
be exempt from paying a fee for the filing of notices of liens
or releases of liens with the central indexing system
FILING OFFICER pursuant to this paragraph (c).
(IV) For purposes of this paragraph (c), "personal
property" means property that the child support enforcement
agency has determined has a net equity value of not less than
five thousand dollars at the time of the filing of the notice
of lien with the central indexing system FILING
OFFICER.
(e) Priority of a lien. (II) A lien
on personal property, other than motor vehicles, created pursuant
to this section shall be in effect for twelve years or until all
pastdue amounts are paid and shall have priority from the
time the lien is filed with the central indexing system
FILING OFFICER DESIGNATED IN SECTION 49401.5, C.R.S.,
over all unfiled liens and all subsequent filed or unfiled liens,
except such liens as may be exempted by regulation of the state
board of human services. A lien on personal property arising
pursuant to this subsection (1.5) shall expire at the conclusion
of twelve years and may not be extended or renewed beyond that
period of time.
(I) No liability. No clerk and recorder, authorized
agent as defined in section 426102 (1), C.R.S., financial
institution, lienholder, or central indexing system personnel
FILING OFFICER, NOR ANY EMPLOYEE OF ANY OF SUCH PERSONS OR ENTITIES,
shall be liable for damages for actions taken in good faith compliance
with this subsection (1.5).
SECTION 210 2421104 (3) (f) (II),
Colorado Revised Statutes, is amended to read:
2421104. Fees of secretary of state
repeal. (3) (f) With respect to the
moneys collected by the office of the secretary of state pursuant
to section 411102 (1) (a), (1) (a.5) (II), (1) (b),
(1) (c), (1) (d), (1) (e), and (1) (f), C.R.S.:
(II) (A) Three of every fifteen dollars shall
be transferred to the central indexing INFORMATION
system cash fund, created in section 49.3105, C.R.S.
Such moneys shall be separately accounted for within such fund
and used for revenue sharing purposes with the counties of this
state, as determined by the CENTRAL FILING OFFICER IN CONSULTATION
WITH THE central indexing INFORMATION system
board.
(B) THIS SUBPARAGRAPH (II) IS REPEALED, EFFECTIVE JANUARY
1, 2000.
SECTION 220 3825102 (2), Colorado
Revised Statutes, is amended, and the said 3825102
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
3825102. Federal liens places
of filing definition. (2) Notices of federal
liens upon personal property, whether tangible or intangible,
for obligations payable to the United States and certificates
and notices affecting the liens shall be filed as follows:
(a) If the person against whose interest the lien applies
is a corporation or a partnership whose principal executive office
is in this state, as these entities are defined in the internal
revenue laws of the United States, in the office of the secretary
of state CENTRAL FILING OFFICER;
(b) If the person against whose interest the lien applies
is a trust that is not covered by paragraph (a) of this subsection
(2), in the office of the secretary of state
CENTRAL FILING OFFICER;
(c) If the person against whose interest the lien applies
is the estate of a decedent, in the office of the secretary
of state CENTRAL FILING OFFICER;
(d) In all other cases, the notice of lien shall be
recorded in the office of the county clerk and recorder of the
county where the person against whose interest the lien applies
resides at the time of recording of the notice of lien.
(2.5) AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE
REQUIRES, "CENTRAL FILING OFFICER" MEANS THE CENTRAL
FILING OFFICER DESIGNATED IN SECTION 49401.5, C.R.S.
SECTION 230 3825104 (1) (a), the
introductory portion to 3825104 (2), and 3825104
(4), Colorado Revised Statutes, are amended to read:
3825104. Duties of filing officer.
(1) If a notice of federal lien, a refiling of a notice
of federal lien, or a notice of revocation of any certificate
described in subsection (2) of this section is presented to a
filing officer who is:
(a) The secretary of state CENTRAL
FILING OFFICER, then the secretary of state CENTRAL
FILING OFFICER shall cause the notice to be marked, held, and
indexed in accordance with the provisions of section 49403
(4), C.R.S., as if the notice were a financing statement within
the meaning of such section; or
(2) If a certificate of release, nonattachment, discharge,
or subordination of any lien is presented to the secretary
of state CENTRAL FILING OFFICER for filing, the secretary
of state CENTRAL FILING OFFICER shall:
(4) Upon request of any person, the filing officer
shall issue a certificate showing whether there is on file, or
recorded on the date and hour stated therein, any notice of lien
or certificate or notice affecting any lien filed under this article,
naming a particular person and, if a notice or certificate is
on file, giving the date and hour of filing of each notice or
certificate. The fee for the issuance of a certificate by the
secretary of state CENTRAL FILING OFFICER shall
be determined and collected pursuant to section 2421104
(3), C.R.S., and the fee for the issuance of a certificate by
a county clerk and recorder shall be the same as provided in section
411102 (1) (g) (I), C.R.S. Upon request, the filing
officer shall furnish a copy of any notice of federal lien or
notice or certificate affecting a federal lien. The fee for furnishing
and for certifying such copy and affixing the seal thereto shall
be determined and collected pursuant to section 2421104
(3), C.R.S., if furnished by the secretary of state
CENTRAL FILING OFFICER, and the said fee shall be the same as
provided in section 411102 (1) (g) (II), C.R.S., if
furnished by a county clerk and recorder.
SECTION 240 3825105 (1) (c), Colorado
Revised Statutes, is amended to read:
3825105. Fees. (1) (c) When
the filing officer is the secretary of state
CENTRAL FILING OFFICER, the fees required by this subsection (1)
shall be determined and collected pursuant to section 2421104
(3), C.R.S.
SECTION 250 3825106, Colorado Revised
Statutes, is amended to read:
3825106. Lien not valid until notice
filed. Prior to the time of the filing of a notice of lien
in the office of the secretary of state CENTRAL
FILING OFFICER or the county clerk and recorder, as the case may
be, the same LIEN shall not be valid as against
any mortgagee, purchaser, or judgment creditor.
SECTION 260 Appropriation. In addition
to any other appropriation, there is hereby appropriated, out
of any moneys in the central information system cash fund, created
in section 49.3105, Colorado Revised Statutes, not
otherwise appropriated, to the department of state, for the fiscal
year beginning July 1, 1999, the sum of ___ dollars ($ )
and ___ FTE, or so much thereof as may be necessary, for the implementation
of this act.
SECTION 270 Effective date. Sections __
of this act shall take effect January 1, 2000, and the remainder
of this act shall take effect July 1, 1999.
SECTION 280 Safety clause. The general
assembly hereby finds, determines, and declares that this act
is necessary for the immediate preservation of the public peace,
health, and safety.".
INTRODUCTION OF BILL--FIRST READING
The following bill was read by title and referred
to the committee indicated:
SB 99-174 by Senators Grampsas, Teck, Dyer, Musgrave, Powers, Feeley, and Thiebaut; also Representatives Allen, McPherson, and May--Concerning limitations on the disclosure of information by the department of revenue.
Finance
THIRD READING OF BILL--FINAL PASSAGE
On Third Reading, the title of the following bill
was publicly read, the reading at length having been dispensed
with by unanimous consent:
SB 99-069 by Sen. Arnold; Rep. Johnson--Business
Group Of One Health Coverage
The question being "Shall the bill pass?"
the roll was called with the following result:
YES 31 | NO 0 | EXCUSED 4 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Matsunaka | Y | Tanner | Y |
Andrews | Y | Feeley | E | Musgrave | Y | Tebedo | Y |
Arnold | Y | Grampsas | Y | Nichol | Y | Teck | Y |
Blickensderfer |
E | Hernandez | Y | Owen | Y | Thiebaut | E |
Chlouber | Y | Hillman | Y | Pascoe | Y | Wattenberg | Y |
Congrove | Y | Lacy | Y | Perlmutter | Y | Weddig | Y |
Dennis | Y | Lamborn | Y | Phillips | Y | Wham | Y |
Dyer | Y | Linkhart | Y | Reeves | Y | Mr. President |
E |
Epps | Y | Martinez | Y | Rupert | Y |
A majority of all members elected to the Senate having voted in the affirmative, the bill
was declared PASSED.
Co-sponsors added: Lamborn, Nichol, Owen, Tebedo,
Teck.
__________________________
On motion of Senator Chlouber, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, SB99-041, 99-109, 99-094, 99-112, 99-167, 99-142, 99-091, HB99-1012, HB99-1005 were made Special Orders at 9:15 a.m.
__________________________
Committee The hour of 9:15 a.m. having arrived, Senator Anderson moved that the Senate resolve
of the itself into the Committee of the Whole for consideration of Special Orders and
Whole Senator Anderson was called to the Chair to
act as Chairman.
The Committee of the Whole having risen, the Chairman
reported that the following bills, reading at length having been
dispensed with by unanimous consent, had been considered and action
taken thereon as follows:
SPECIAL ORDERS--SECOND READING OF BILLS--9:15
A. M.
SB 99-041 by Sen. Dyer; Rep. Swenson--Bicycle Traffic
Regulations
Amendment No. 1, by Senator Dyer
Amend printed bill, page 1, line 9, strike "safety. IN TURNING
A" and substitute "safety".
Page 2, strike lines 1 through 3;
line 4, strike "ROADWAY,";
line 5, after the period, add the following:
"THE DRIVER OF A VEHICLE WHICH HAS OVERTAKEN A BICYCLE TRAVELING
LAWFULLY ON A SHOULDER, BIKE LANE, OR TRAVEL LANE SHALL NOT MAKE
A TURN ACROSS THE PATH OF THE BICYCLIST UNLESS SUCH MOVEMENT CAN
BE MADE SAFELY.";
strike line 14 and substitute the following:
"A SAFE DISTANCE AND".
Amendment No. 2, by Senator Tebedo
Amend printed bill, page 3, strike lines 15 through 18 and substitute
the following:
"(d) A person riding a bicycle upon and along
a sidewalk shall dismount before entering any roadway
and, when crossing any such roadway, shall observe all
the rules and regulations applicable to pedestrians.".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-109 by Sen. Teck; Rep. McElhany--Real Estate
Brokerage Relationships
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, January 27, page 119.)
Amendment No. 2, by Senator Teck
Amend printed bill, page 2, strike line 4.
Amend the committee amendment, as printed in Senate Journal, January
27, page 119, strike lines 21 through 27, and substitute the following:
"strike lines 21 through 26 of the printed bill, and substitute
the following:
"(B) THREATENING TO TAKE ANY ACTION AGAINST A BUYER, SELLER,
LANDLORD, OR TENANT WHO HAS ESTABLISHED A BROKERAGE RELATIONSHIP
WITH A LICENSEE;
(C) COUNSELING A BUYER, SELLER, LANDLORD, OR TENANT WHO HAS A
BROKERAGE RELATIONSHIP WITH ANOTHER LICENSEE ON HOW TO TERMINATE
OR AMEND AN EXISTING BROKERAGE RELATIONSHIP; OR
(D) ATTEMPTING TO INDUCE A BUYER, SELLER, LANDLORD, OR TENANT
TO BREACH AN EXISTING BROKERAGE RELATIONSHIP.
(III) "REFERRAL FEE" MEANS ANY FEE PAID BY A LICENSEE
TO ANY PERSON OR ENTITY, OTHER THAN A COOPERATIVE COMMISSION OFFERED
BY A LISTING BROKER TO A SELLING BROKER OR VICE VERSA.".
Page 3 of the printed bill, strike lines 1 and 2;
line 8 of the printed bill, strike "CONTRACT." and substitute
"RELATIONSHIP.";
line 14 of the printed bill, strike "VIOLATION." and
substitute "VIOLATION PLUS REASONABLE ATTORNEY FEES.";
strike lines 15 through 25 of the printed bill, and substitute
the following:".".
Amendment No. 3, by Senator Pascoe
Amend the Teck floor amendment, as printed in Senate Journal,
February 5, line 20, strike "COUNSELING" and substitute
"ENCOURAGING";
line 21, strike "on how".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-094 by Sen. Feeley--Government Fiscal Data
Sharing
Laid over until Monday, February 8, retaining its
place on the general orders calendar.
SB 99-112 by Sen. Hernandez; Rep. Johnson--Regulation
Of Dogs
Amendment No. 1, Agriculture, Natural Resources and Energy Committee Amendment
(Printed in Senate Journal, January 28, page 128.)
Amendment No. 2, by Senator Hernandez and Dennis
Amend the committee amendment, as printed in Senate Journal, page
128, line 12, strike "through 21." and substitute "through
7.";
strike line 14 and substitute the following:
"Page 3, line 13, strike "(I)";
line 14, strike "TO:" and substitute "TO";
line 15, strike "(A) CONFINE" and substitute
"CONFINE";
strike lines 21 through 26.
Strike page 4.".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-167 by Sen. Perlmutter; Rep. Smith--Public
Trustee Foreclosure Sales
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, January 28, page 129.)
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
SB 99-142 by Sen. Evans; Rep. Mitchell--Nursing Home
Administrators Board
Ordered engrossed and placed on the calendar for
Third Reading and Final Passage.
SB 99-091 by Sen. Hillman--County Land Use Regulation
Referendum
Laid over until Monday, February 8, retaining its
place on the general orders calendar.
HB 99-1012 by Rep. McKay; Senator Andrews --Adjust
Res Real Prop Assessment Ratio
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
HB 99-1005 by Rep. Larson; Senator Chlouber--Direct
Payment Of Sales & Use Tax
Ordered revised and placed on the calendar for Third
Reading and Final Passage.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Anderson, the Report of the
Committee of the Whole was adopted and, a majority of all members
elected having voted in the affirmative, the following action
was taken:
SB99-142, HB99-1012, HB99-1005, declared passed on Second Reading.
SB99-041, as amended, SB99-109, as amended, SB99-112, as amended, SB99-167, as
amended, declared passed on Second Reading.
SB99-094, SB99-091 laid over until Monday, February 8, retaining their place on the
general orders calendar.
CONSIDERATION OF GOVERNOR'S APPOINTMENTS
On motion of Senator Tebedo, the following Governor's
appointments were confirmed by a roll call vote:
FIRE AND POLICE PENSION ASSOCIATION
for terms expiring September 1, 2002:
Ronald M. Lappi of Grand Junction, Colorado, to
serve as a representative of Colorado municipal employers, reappointed;
Gary E. West of Denver, Colorado to serve as a representative
of the business community experienced in personnel, reappointed;
Raymond M. Mitchell of Lakewood, Colorado to serve
as a representative of the business community with experience
in insurance disability claims, reappointed.
YES 32 | NO 0 | EXCUSED 3 | ABSENT 0 | ||||
Anderson | Y | Evans | Y | Matsunaka | Y | Tanner | Y |
Andrews | Y | Feeley | E | Musgrave | Y | Tebedo | Y |
Arnold | Y | Grampsas | Y | Nichol | Y | Teck | Y |
Blickensderfer |
E | Hernandez | Y | Owen | Y | Thiebaut | Y |
Chlouber | Y | Hillman | Y | Pascoe | Y | Wattenberg | Y |
Congrove | Y | Lacy | Y | Perlmutter | Y | Weddig | Y |
Dennis | Y | Lamborn | Y | Phillips | Y | Wham | Y |
Dyer | Y | Linkhart | Y | Reeves | Y | Mr. President |
E |
Epps | Y | Martinez | Y | Rupert | Y |
COMMITTEE OF REFERENCE REPORTS
Education After consideration on the merits, the
committee recommends that the following be referred favorably
to the Committee on Appropriations: SB99-165
Education After consideration on the merits, the
committee recommends that the following be postponed indefinitely:
SB99-166
Local After consideration on the merits, the committee recommends that SB99-021 be
Government amended as follows and, as so amended,
be referred favorably to the Committee of the Whole with favorable
recommendation:
Amend printed bill, page 1, line 6, strike "THAT PROVIDE"
and substitute "FOR IMPLEMENTING".
Page 2, line 1, strike "CRITERIA TO BE USED TO IMPLEMENT
THOSE";
line 3, strike "SUCH POLICIES SHALL BE";
strike lines 4 and 5;
line 7, strike "EASILY ACCESSIBLE AND AVAILABLE TO THE PUBLIC" and
substitute "AVAILABLE TO APPLICANTS AND PARTICIPANTS.".
Local After consideration on the merits, the committee recommends that the following be
Government postponed indefinitely:
SB99-105
Finance After consideration on the merits, the committee
recommends that the following be postponed indefinitely:
SB99-092
Health, After consideration on the merits, the committee recommends that SB99-120 be
Environment, amended as follows and, as so amended, be referred to the Committee of the Whole with
Welfare and favorable recommendation:
Institutions
Amend printed bill, page 2, strike line 26 and substitute "contained
in such prescription.".
Page 3, strike lines 1 through 26, and substitute the following:
"IF A PRESCRIPTION ORDER INCLUDES A DESCRIPTION OF THE PURPOSE FOR THE PRESCRIPTION OR THE SYMPTOMS BEING TREATED, THE PHARMACIST SHALL ASSUME SUCH PRACTITIONER WANTS SUCH INFORMATION TO BE SET FORTH ON THE LABEL OF THE DRUG. ALL DRUGS DISPENSED PURSUANT TO SUCH PRESCRIPTION ORDER SHALL BEAR A LABEL SECURELY ATTACHED TO THE MEDICINE CONTAINER THAT INCLUDES A DESCRIPTION OF THE PURPOSE FOR THE PRESCRIPTION OR THE SYMPTOMS BEING TREATED, UNLESS THE PATIENT, THE PATIENT'S REPRESENTATIVE, THE PATIENT'S CAREGIVER, OR THE PRACTITIONER SPECIFICALLY REQUESTS OTHERWISE. THE PURPOSE FOR THE DRUG LABEL SHALL BE TO ASSIST THE PATIENT OR THE PATIENT'S CAREGIVER IN DISTINGUISHING ONE PRESCRIBED MEDICATION FROM ANOTHER.".
Page 4, strike lines 1 through 6.
Renumber succeeding sections accordingly.
Health, After consideration on the merits, the committee recommends that SB99-114 be
Environment, amended as follows and, as so amended, be referred to the Committee of the Whole with
Welfare and favorable recommendation:
Institutions
Amend printed bill, page 1, strike lines 2 and 3, and substitute
the following:
"SECTION 1. 108601.5 (1) (a)
(III), Colorado Revised Statutes, is amended, and the said 108601.5
(1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to
read:";
line 5, strike "(b) and (c)" and substitute "(b),
and (c), AND (c.5)".
Page 2, line 1, strike "106 125," and
substitute "106, 125,";
line 2, after "amended" insert "EXCEPT AS PROVIDED
IN PARAGRAPH (c.5) OF THIS SUBSECTION (1)";
after line 2, insert the following:
"(c.5) A PLAN SHALL NOT BE SUBJECT TO THE SMALL
GROUP PROVISIONS OF THIS ARTICLE AND ARTICLE 16 OF THIS TITLE
IF THE PREMIUM FOR THE PLAN IS PAID FOR THROUGH A SECTION 125
PLAN OR PROGRAM OF THE FEDERAL "INTERNAL REVENUE CODE OF
1986", AS AMENDED, THE EMPLOYER MAKES NO CONTRIBUTION TO
THE SECTION 125 PLAN OR PROGRAM , THE EMPLOYER DOES NOT HAVE IN
PLACE AN EMPLOYER SPONSORED HEALTH BENEFIT PLAN, AND THE EMPLOYER
DOES NOT PAY FOR ANY PORTION OF THE PREMIUM OR BENEFIT PAID.".
Health, After consideration on the merits, the committee recommends that SB99-023 be
Environment, amended as follows and, as so amended, be referred to the Committee on Appropriations
Welfare and with favorable recommendation:
Institutions
Amend printed bill, strike everything below the enacting clause,
and substitute the following:
"SECTION 290 Title 19, Colorado Revised
Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:
ARTICLE 7
Shortterm Outofhome and
Family Preservation Treatment Act
197101. Short title. THIS ARTICLE
SHALL BE KNOWN AND MAY BE CITED AS THE "SHORTTERM OUTOFHOME
AND FAMILY PRESERVATION TREATMENT ACT".
197102. Legislative declaration.
(1) THE GENERAL ASSEMBLY FINDS THAT MANY PARENTS IN
COLORADO HAVE EXPERIENCED CHALLENGING CIRCUMSTANCES BECAUSE THEIR
CHILDREN HAVE DEMONSTRATED OUTOFCONTROL BEHAVIOR SUCH
AS TRUANCY, THREATS OF VIOLENCE, OR CHEMICAL DEPENDENCY OR THEIR
CHILDREN ARE HOMELESS OR HAVE RUN AWAY FROM HOME. MANY TIMES
PARENTS HAVE BECOME INCREASINGLY FRUSTRATED IN THEIR ATTEMPTS
TO NAVIGATE THE VARIOUS GOVERNMENTAL SYSTEMS INCLUDING CHILD WELFARE,
MENTAL HEALTH, LAW ENFORCEMENT, JUVENILE JUSTICE, EDUCATION, AND
YOUTH CORRECTIONS IN AN ATTEMPT TO FIND HELP FOR THEIR CHILDREN.
FREQUENTLY IN THESE SITUATIONS AN ACTION IN DEPENDENCY OR NEGLECT
UNDER ARTICLE 3 OF THIS TITLE OR DELINQUENCY UNDER ARTICLE 2 OF
THIS TITLE, MAY NOT BE APPROPRIATE OR WARRANTED. IN ADDITION,
THE CHILD MAY NOT HAVE A MENTAL ILLNESS DIAGNOSIS THAT WOULD ENABLE
THE CHILD TO MEET ELIGIBILITY REQUIREMENTS FOR MEDICAID FUNDED
SERVICES THROUGH THE MENTAL HEALTH SYSTEM. ALTHOUGH APPROPRIATE
SERVICES, INCLUDING OUTOFHOME SERVICES, THAT MAY OTHERWISE
BENEFIT THE CHILD MAY BE AVAILABLE THROUGH THE STATE, COUNTY DEPARTMENT
OF SOCIAL SERVICES, COMMUNITY MENTAL HEALTH CENTER, OR OTHER COMMUNITY
AGENCIES, THE PARENT IS OFTEN PRECLUDED FROM OBTAINING THE APPROPRIATE
SERVICES WITHOUT THE FILING OF AN ACTION IN DEPENDENCY OR NEGLECT
OR DELINQUENCY, WHICH SOME FAMILIES FIND UNDESIRABLE AND STIGMATIZING.
(2) THE GENERAL ASSEMBLY FINDS THAT IT IS DESIRABLE
TO ASSIST CHILDREN EXPERIENCING SUCH DIFFICULT CIRCUMSTANCES AS
THOSE DESCRIBED IN SUBSECTION (1) OF THIS SECTION AND SUCH CHILDREN'S
FAMILIES. ACCORDINGLY, THE GENERAL ASSEMBLY DETERMINES THAT
IT IS APPROPRIATE TO ADOPT A PROGRAM PURSUANT TO WHICH MENTAL
HEALTH SERVICES, AS THAT TERM IS DEFINED IN SECTION 19-1-103 (77.3),
WOULD BE PROVIDED TO ELIGIBLE CHILDREN WHO ARE DEMONSTRATING OUTOFCONTROL
BEHAVIOR AND TO SUCH CHILDREN'S FAMILIES WHEN THE PARENTS OR LEGAL
GUARDIANS REQUEST TREATMENT SERVICES, INCLUDING SHORTTERM
OUTOFHOME PLACEMENT.
197103. Shortterm outofhome
placement and family preservation treatment program creation.
(1) THE STATE DEPARTMENT IS HEREBY DIRECTED TO ESTABLISH
A SHORTTERM OUTOFHOME PLACEMENT AND FAMILY PRESERVATION
TREATMENT PROGRAM. THE PURPOSE OF THE PROGRAM SHALL BE TO PROVIDE
MENTAL HEALTH SERVICES, AS THAT TERM IS DEFINED IN SECTION 191103
(77.3), INCLUDING SHORTTERM OUTOFHOME PLACEMENT
SERVICES, AND FAMILY PRESERVATION TREATMENT SERVICES TO ELIGIBLE
CHILDREN WHO ARE AT RISK OF OUTOFHOME PLACEMENT AND
WHO MEET THE CRITERIA ESTABLISHED BY THE STATE BOARD AND TO SUCH
CHILDREN'S FAMILIES. SUCH SERVICES SHALL BE PROVIDED TO ELIGIBLE
CHILDREN AND THEIR FAMILIES, SUBJECT TO AVAILABLE APPROPRIATIONS,
UPON THE REQUEST OF THE CHILD'S PARENT OR LEGAL GUARDIAN.
(2) (a) PURSUANT TO THE RULES OF THE STATE BOARD,
THE STATE DEPARTMENT SHALL ALLOCATE TO THE GOVERNING BODY OF EACH
COUNTY OR CITY AND COUNTY OR GROUPS OF GOVERNING BODIES THE MONEYS
APPROPRIATED FOR THE IMPLEMENTATION OF THIS ARTICLE.
(b) THE GOVERNING BODY OF EACH COUNTY OR CITY AND COUNTY,
ALONE OR IN COMBINATION WITH ANY OTHER GOVERNING BODY, SHALL CONTRACT
WITH APPROPRIATE SERVICE PROVIDERS IN THE COMMUNITY FOR THE PROVISION
OF MENTAL HEALTH SERVICES, AS THAT TERM IS DEFINED IN SECTION
191103 (77.3), AND FAMILY PRESERVATION TREATMENT SERVICES
FOR CHILDREN WHO MEET THE CRITERIA FOR SERVICES AS DEVELOPED BY
RULE OF THE STATE BOARD PURSUANT TO SECTION 197104
AND SUCH CHILDREN'S FAMILIES IN ORDER TO ACHIEVE CRISIS STABILIZATION
IN THAT FAMILY. IN ADDITION TO ANY OTHER COUNTY MONEYS THAT A
GOVERNING BODY OR GROUP OF GOVERNING BODIES MAY ELECT TO APPLY
TO THE IMPLEMENTATION OF THIS ARTICLE, A GOVERNING BODY OR GROUP
OF GOVERNING BODIES MAY NOT EXPEND MORE THAN THE AMOUNT OF MONEYS
ALLOCATED TO THE GOVERNING BODY OR THE COMBINED AMOUNT OF MONEYS
ALLOCATED TO THE GROUP OF GOVERNING BODIES FOR THE IMPLEMENTATION
OF THIS ARTICLE IN ANY FISCAL YEAR.
(3) EACH GOVERNING BODY OR GROUP OF GOVERNING BODIES
SHALL REPORT TO THE STATE DEPARTMENT AS PRESCRIBED BY RULE OF
THE STATE BOARD PURSUANT TO SECTION 197104.
(4) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE
AN ENTITLEMENT PROGRAM FOR CHILDREN OR THEIR FAMILIES.
197104. Rules. (1) THE
STATE BOARD SHALL PROMULGATE RULES IMPLEMENTING THE PROGRAM.
THE RULES SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING:
(a) THE CRITERIA THAT A CHILD SHALL MEET IN ORDER TO
BE ELIGIBLE TO RECEIVE MENTAL HEALTH SERVICES FROM A SERVICE PROVIDER
SELECTED BY A GOVERNING BODY OR GROUP OF GOVERNING BODIES TO PROVIDE
MENTAL HEALTH SERVICES AND FAMILY PRESERVATION TREATMENT SERVICES
PURSUANT TO THIS ARTICLE, WHICH CRITERIA MAY INCLUDE BUT SHALL
NOT BE LIMITED TO:
(I) THE AGE OF THE CHILD;
(II) THE BEHAVIOR OF THE CHILD, INCLUDING CONSISTENT
ACTING OUT IN AN INAPPROPRIATE MANNER OR BEHAVIOR THAT PLACES
THE CHILD BEYOND THE CONTROL OF THE CHILD'S PARENT OR GUARDIAN;
OR
(III) SUCH OTHER BEHAVIOR THAT WOULD DEMONSTRATE THAT
CHILD MENTAL HEALTH SERVICES AND FAMILY PRESERVATION TREATMENT
SERVICES MAY BE INDICATED;
(b) THE TYPE OF MENTAL HEALTH SERVICES AND FAMILY PRESERVATION
TREATMENT SERVICES TO BE PROVIDED PURSUANT TO THIS ARTICLE;
(c) THE METHOD OR FORMULA TO BE USED TO ALLOCATE FUNDS
TO THE VARIOUS GOVERNING BODIES FOR THE PROVISION OF MENTAL HEALTH
SERVICES AND FAMILY PRESERVATION TREATMENT SERVICES PURSUANT TO
THIS ARTICLE;
(d) THE IDENTIFICATION OF A SINGLE, STATEWIDE PROCEDURE
BY WHICH EACH GOVERNING BODY OR GROUP OF GOVERNING BODIES, SHALL
REPORT ANNUALLY TO THE STATE DEPARTMENT CONCERNING THE NUMBER
OF FAMILIES SERVED, THE TYPE OF SERVICES PROVIDED, AND THE NUMBER
OF FAMILIES THAT THE GOVERNING BODY WAS UNABLE TO SERVE AND THE
BASIS THEREFOR.
197105. Service fee for mental health
services and family preservation services. (1) IF
THE PARENT OR LEGAL GUARDIAN OF THE CHILD RECEIVING SERVICES PURSUANT
TO THIS ARTICLE HAS PRIVATE INSURANCE THAT WILL COVER ALL OR A
PORTION OF THE COSTS ASSOCIATED WITH THE SERVICES DESCRIBED IN
THIS ARTICLE, THEN THAT RESOURCE SHALL BE USED FIRST TO PAY FOR
SUCH SERVICES.
(2) (a) IF THE CHILD OR FAMILY BEING PROVIDED
SERVICES PURSUANT TO THIS ARTICLE IS NOT COVERED BY PRIVATE INSURANCE
OR IF THE PRIVATE INSURANCE DOES NOT COVER THE ENTIRE COST OF
THE SERVICES AND IF THE CHILD OR FAMILY IS NOT ELIGIBLE FOR FEDERAL
MEDICAID OR IF FEDERAL MEDICAID FUNDING DOES NOT COVER THE ENTIRE
COST OF THE SERVICES, THEN THE SERVICE AGENCY SHALL ASSESS SERVICE
FEES.
(b) THE STATE BOARD SHALL ADOPT RULES TO ESTABLISH
SERVICE FEES BASED UPON THE CHILD SUPPORT GUIDELINES SET FORTH
IN SECTION 1410115, C.R.S., REQUIRING THOSE PERSONS
LEGALLY RESPONSIBLE FOR THE CHILD TO PAY FOR ALL OR A PORTION
OF THE SERVICES PROVIDED UNDER THIS ARTICLE. THE STATE BOARD
IS AUTHORIZED TO PROMULGATE RULES TO IMPLEMENT THE PROVISIONS
OF THIS ARTICLE RELATING TO THE ALLOCATION OF FUNDS FOR THE DELIVERY
OF MENTAL HEALTH SERVICES.
SECTION 2. 191103 (54), (102),
and (103), Colorado Revised Statutes, are amended, and the said
191103 is further amended BY THE ADDITION OF THE FOLLOWING
NEW SUBSECTIONS, to read:
191103. Definitions. As used
in this title or in the specified portion of this title, unless
the context otherwise requires:
(11.5) "AT RISK OF OUTOFHOME PLACEMENT",
AS USED IN ARTICLE 7 OF THIS TITLE, MEANS CIRCUMSTANCES UNDER
WHICH A CHILD WHO IS NOT A MENTALLY ILL PERSON, AS DEFINED IN
SECTION 2710102 (7), C.R.S., AND FOR WHOM IT MAY NOT
BE APPROPRIATE OR WARRANTED TO FILE AN ACTION IN DEPENDENCY OR
NEGLECT PURSUANT TO ARTICLE 3 OF THIS TITLE OR A DELINQUENCY ACTION
PURSUANT TO ARTICLE 2 OF THIS TITLE, BUT WHO IS BEYOND THE CONTROL
OF HIS OR HER PARENT OR GUARDIAN AND MAY BE:
(a) A CHRONIC RUNAWAY;
(b) A CHRONIC TRUANT;
(c) HOMELESS; OR
(d) CHEMICALLY DEPENDENT.
(54) "Governing body", as used in section
193211 AND AS USED IN ARTICLE 7 OF THIS TITLE, means
the board of county commissioners of a county or the city council
of a city and county.
(77.3) "MENTAL HEALTH SERVICES", AS USED
IN ARTICLE 7 OF THIS TITLE, MEANS APPROPRIATE SERVICES DIRECTED
TOWARD FAMILY STABILITY AND FAMILY PRESERVATION, INCLUDING INHOME
AND SHORTTERM OUTOFHOME SERVICES OR ANY OF THOSE
SERVICES DEFINED IN SECTION 26-5-101 (3), C.R.S., PROVIDED TO
A CHILD WHO IS AT RISK OF OUTOFHOME PLACEMENT, AS
THAT TERM IS DEFINED IN SUBSECTION (11.5) OF THIS SECTION AND
WHO MEETS THE CRITERIA SPECIFIED IN SECTION 197104.
(86.5) "PROGRAM", AS USED IN ARTICLE 7 OF
THIS TITLE, MEANS THE SHORTTERM OUTOFHOME AND
FAMILY PRESERVATION TREATMENT PROGRAM ESTABLISHED IN A COUNTY
OR GROUP OF COUNTIES PURSUANT TO SECTION 197103.
(95.5) "SERVICE PROVIDER", AS USED IN ARTICLE
7 OF THIS TITLE, MEANS PUBLIC OR PRIVATE AGENCIES THAT ARE DETERMINED
BY A GOVERNING BODY, AS THAT TERM IS DEFINED IN SUBSECTION (54)
OF THIS SECTION, TO BE QUALIFIED TO PROVIDE THE SERVICES DESCRIBED
IN ARTICLE 7 OF THIS TITLE.
(102) "State board", as used in part 3 of
article 3 of this title AND AS USED IN ARTICLE 7 OF THIS TITLE,
means the state board of human services.
(103) "State department", as used in section
193211, and part 3 of article 3 of
this title, AND ARTICLE 7 OF THIS TITLE, means the department
of human services created by section 241120, C.R.S.
SECTION 3. Safety clause. The general
assembly hereby finds, determines, and declares that this act
is necessary for the immediate preservation of the public peace,
health, and safety.".
Health, After consideration on the merits, the committee recommends that the following be
Environment, postponed indefinitely: SB99-087
Welfare and
Institutions
Agriculture, After consideration on the merits, the committee recommends that SB99-137 be
Natural amended as follows and, as so amended be referred to the Committee of the Whole with
Resources favorable recommendation:
and Energy
Amend printed bill, page 5, strike lines 18 through 20, and substitute
the following:
"THE ANIMAL WAS TAKEN INTO CUSTODY. SUCH BOND SHALL BE FILED WITH THE COURT WITHIN TEN DAYS AFTER THE ANIMAL IS IMPOUNDED. AT THE END OF THE TIME FOR WHICH EXPENSES ARE COVERED BY THE BOND, IF THE OWNER OR CUSTODIAN DESIRES TO PREVENT DISPOSITION OF THE ANIMAL BY THE ANIMAL SHELTER, THE OWNER OR CUSTODIAN SHALL POST A NEW BOND WITH THE COURT WITHIN TEN DAYS AFTER THE PRIOR BOND'S EXPIRATION. HOWEVER, THE COURT SHALL".
______________________________
On motion of Senator Chlouber, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Friday, February 5, was laid over until Monday, February 8, retaining its place on the calendar.
______________________________
TRIBUTE--A POINT OF INTEREST
Honoring the Bel Nor Republican Women's Club--by Senators Dennis and Tebedo;
also Representatives Lawrence and Spradley
On motion of Senator Chlouber, the Senate adjourned until 10:00 a.m., Monday,
February 8, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate