Priority

4-9-809. Priority. House Bill 12-1262, enacted in 2012, determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2013, this article, as it existed before July 1, 2013, determines priority. Source: L. 2012: Entire part added, (HB 12-1262), ch. 170, p. 609, � 16, effective July 1, 2013. ARTICLE 9.3 Central Information System 4-9.3-101 to 4-9.3-108. (Repealed) Source: L. 2003: Entire article repealed, p. 1669, � 1, effective July 1. Editor's note: This article was added in 1995. For amendments to this article prior to its repeal in 2003, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. ARTICLE 9.5 Central Filing of Effective Financing Statements Editor's note - Colorado legislative change: (1) Section 5 of chapter 40, Session Laws of Colorado 1988, provides that the act enacting this article is effective May 29, 1988, but the central filing system shall not become operational until receipt by the central filing system board of certification for the central filing system for effective financing statements, established in this article, by the United States department of agriculture pursuant to the federal Food Security Act of 1985, Pub.L. 99-198. Certification for the central filing system was issued by the United States department of agriculture on September 28, 1992. (2) Colorado adopted this additional article which has no counterpart in the uniform act. Law reviews: For article, A Central Filing System for Financing Statements, see 28 Colo. Law. 5 (Sept. 1999). 4-9.5-101. Short title. This article shall be known and may be cited as the Central Filing of Effective Financing Statement Act. Source: L. 88: Entire article added, p. 325, � 1, effective May 29. 4-9.5-102. Legislative declaration. The general assembly finds, determines, and declares its intent to adopt a central filing system for security interests relating to farm products pursuant to section 1324 of the federal Food Security Act of 1985, Pub.L. 99-198. The general assembly further finds, determines, and declares that upon the certification and operation of this central filing system, security interest holders shall use such system in lieu of any other notice provided by section 1324 of the federal Food Security Act of 1985 for farm products used or produced in the state of Colorado which are included in the central filing system, except as otherwise allowed by this article or required by law. Source: L. 88: Entire article added, p. 325, � 1, effective May 29. 4-9.5-103. Definitions. As used in this article, unless the context otherwise requires: (1) (Deleted by amendment, L. 2003, p. 1669, � 2, effective July 1, 2003.) (2) Buyer of farm products or buyer in the ordinary course of business means a person who, in the ordinary course of business, buys farm products from a person engaged in farming operations who is in the business of selling farm products. (2.5) Central filing officer means the secretary of state. (3) Central filing system means a system for filing effective 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 4-9-501 shall constitute the central filing system. (4) Commission merchant means any person engaged in the business of receiving any farm product for sale, on commission, or for or on behalf of another person. (5) Crop year means: (a) For a crop grown in soil, the calendar year in which it is harvested or to be harvested; (b) For animals, the calendar year in which they are born, acquired, or owned; (c) For poultry or eggs, the calendar year in which they are sold or to be sold. (6) Debtor means a person who owns a product and subjects it to a security interest, whether or not that person owes a debt to the secured party. (7) Effective financing statement means a record that: (a) Is an original or reproduced copy thereof, a fax copy, or, if permitted by federal law, regulation, rule, or interpretation, an electronically transmitted filing; (b) Is filed with the central filing officer by the secured party; and (c) Is signed, authorized, or otherwise authenticated by the debtor, unless the record is filed by electronic transmission, in which case it shall be signed, authorized, or otherwise authenticated electronically pursuant to section 24-71-101, C.R.S. (d) to (l) (Deleted by amendment, L. 2006, p. 1142, � 1.) (8) Farm product means an agricultural commodity, a species of livestock used or produced in farming operations, or a product of such crop or livestock in its unmanufactured state, that is in the possession of a person engaged in farming operations. Farm product includes, but is not limited to, apples, artichokes, asparagus, barley, cantaloupe, carrots, cattle and calves, chickens, corn, cotton, cucumbers, dry beans, eggs, fish, flax seed, fur-bearing animals, grapes, hay, hogs, honey, honeydew melon, horses, legumes, milk, muskmelon, oats, onions, pecans, popcorn, potatoes, pumpkins, raspberries, rye, seed crops, sheep and lambs, silage, sorghum grain, soybeans, squash, strawberries, sugar beets, sunflower seeds, sweet corn, tomatoes, trees, triticale, turkeys, vetch, walnuts, watermelon, wheat, and wool. The central filing officer may add other farm products in addition to those specified in this subsection (8) if such products are covered by the general definition contained in this subsection (8). (9) Food Security Act of 1985 means Pub.L. 99-198, as amended: Section 1324 thereof has been codified at section 1631 of Title 7 of the United States Code. (10) Person means any individual or any partnership, corporation, trust, or any other business entity. (11) Receipt and other forms of the word receive means the earlier of actual receipt or the tenth day after deposit in the United States mails, first-class mail, postage prepaid. (11.5) Record, except as used in for record, of record, record or legal title, and record owner, means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form. (12) Registrant or registered buyer means any buyer of farm products, commission merchant, or selling agent, who has registered with the central filing officer pursuant to section 4-9.5-104.5 (3). (13) Secured party means a person in whose favor there is a security interest. (14) Security interest means an interest in farm products that secures payment or performance of an obligation. (15) Selling agent means any person, other than a commission merchant, who is engaged in the business of negotiating the sale and purchase of any farm product on behalf of a person engaged in farming operations. (16) Unique identifier means a number, combination of numbers or letters, or other identifier selected by the central filing officer using a system or method approved by the United States secretary of agriculture in accordance with the federal Food Security Act of 1985. Source: L. 88: Entire article added, p. 325, � 1, effective May 29. L. 91: (7)(i) amended, p. 323, � 1, effective May 24. L. 94: (7)(a) and (7)(f) amended, p. 1552, � 3, effective July 1. L. 95: (1), (7)(f), and (7)(j) amended, p. 1139, � 12, effective July 1, 1996. L. 96: (1), (7)(b), and (7)(c) amended, p. 1385, �� 5, 6, effective July 1. L. 97: (7)(d)(IV) and (7)(e) amended, p. 550, � 8, effective April 24. L. 99: (1), (3), (7)(b), (7)(f), (7)(j), and (7)(k) amended and (2.5) added, p. 747, � 14, effective July 1. L. 2001: (2.5), (3), (7)(e), and (7)(j) amended, p. 1430, � 8, effective July 1. L. 2003: (1), (3), (7)(d)(IV), (7)(d)(VI), (8), and (12) amended, p. 1669, � 2, effective July 1. L. 2004: (7) amended, p. 1170, � 1, effective July 1. L. 2006: (7), (8), and (12) amended and (11.5) and (16) added, p. 1142, � 1, effective May 29, 2012. 4-9.5-104. Central filing system. (1) The central filing officer 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 with the central filing officer. The system shall include requirements: (a) That an effective financing statement be filed in the office of the central filing officer; (b) That the central filing officer record the date and hour of the filing of effective financing statements; and (c) That the central filing officer assign a file number to each effective financing statement. (2) to (6) Repealed. (7) (Deleted by amendment, L. 99, p. 747, � 15, effective January 1, 2000.) (8) and (9) Repealed. Source: L. 88: Entire article added, p. 328, � 1, effective May 29. L. 91: (5)(a) amended, p. 323, � 2, effective May 24. L. 94: (1) and (5)(a) amended, p. 1552, � 4, effective July 1. L. 95: (5)(a) amended, p. 1139, � 13, effective July 1, 1996. L. 99: (1), (4), (5)(a), and (7) amended, p. 747, � 15, effective January 1, 2000. L. 2003: IP(1), IP(2), IP(3)(a), (4), (5), and (6) amended and (8) added, p. 1670, � 3, effective July 1. L. 2004: (5)(a) amended, p. 1172, � 2, effective July 1. L. 2006: (9) added by revision, pp. 1144, 1154, �� 2, 12, effective May 29, 2012. Editor's note: Subsection (9) provided for the repeal of subsections (2), (3), (4), (5), (6), (8), and (9) effective ninety days following certification in writing by the secretary of state to the revisor of statutes. The revisor of statutes received certification from the secretary of state on February 29, 2012. 4-9.5-104.5. Master list. (1) The central filing officer shall compile all effective financing statements or notices into a master list: (a) Containing the information referred to in section 4-9.5-105.3; (b) Organized according to farm product; and (c) Arranged within each such farm product: (I) In alphabetical order according to the last name of the individual debtors or, in the case of debtors doing business other than as individuals, the first word in the name of such debtors; (II) In numerical order according to the social security number, or other unique identifier, of the individual debtors or, in the case of debtors doing business other than as individuals, the federal internal revenue service taxpayer identification number, or other unique identifier, of such debtors; (III) Geographically by county; and (IV) By crop year. (2) (a) The central filing officer shall cause the information on the master list to be produced in lists organized in the same manner as the master list. (b) If a registered buyer or other interested person so requests, the list or lists for such buyer or person may be limited to any county or group of counties where the farm product is used or produced, or to any crop year or years, or a combination of such identifiers. (3) All buyers of farm products, commission merchants, selling agents, and other persons may register with the central filing officer to access lists described in subsection (2) 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. The central filing officer shall prescribe the process for registration, which shall include the name and address of the registrant and the list or lists described in subsection (2) of this section that such registrant desires to receive. A registration shall be complete when the registrant has provided the required information and paid the prescribed fee. A registrant is deemed to be registered only as to those products, counties, and crop years for which the registrant requests a list. (4) The lists as produced pursuant to subsection (2) of this section shall be published and distributed by the central filing officer and shall reflect all effective financing statements that are effective as of the date of the compilation of the lists. The central filing officer shall determine the frequency with which the lists identified pursuant to subsection (2) of this section shall be compiled and distributed. Such lists may be distributed on an annual basis with three quarterly cumulative supplements or, if cost-effective, requested by registered buyers, and permitted by applicable federal law, the central filing officer may distribute more frequent supplements as determined by the central filing officer reflecting all new filings, changes, and terminations since the last list. The central filing officer may develop the form in which to distribute lists. If the name of the seller of a farm product is not on a list requested and received by a registrant, the sale of the farm product to the registrant shall be free of any security interest granted by that seller with respect to the farm product except as to any farm product for which the registrant has received direct notification of the existence of a security interest pursuant to 7 U.S.C. sec. 1631 (e)(1) and (g)(2)(A). 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. (5) The central filing officer shall remove from the master list any effective financing statement that has lapsed pursuant to section 4-9.5-105.3 (2) or has been terminated pursuant to section 4-9.5-107. (6) As soon as practicable, the central filing officer shall publish and distribute the master list electronically. Source: L. 2006: Entire section added, p. 1146, � 3, effective May 29, 2012. Editor's note: Section 12 of chapter 249, Session Laws of Colorado 2006, provides that the act enacting this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012. 4-9.5-105. Confirmations. (1) (Deleted by amendment, L. 2006, p. 1148, � 4.) (2) to (4) (Deleted by amendment, L. 96, p. 1385, � 7, effective July 1, 1996.) (5) A buyer of farm products, whether or not registered, may rely conclusively on information obtained from the master list published and distributed electronically, regardless of any errors or omissions committed by the central filing officer in the electronic publication or distribution of the master list. If the information obtained electronically confirms that the name of the seller of a specified farm product is not on the master list, the sale of the farm product to the buyer shall be free of any security interest granted by that seller with respect to the farm product and the buyer may rely on the representation of the seller as to the seller's identity, so long as the reliance is in good faith. Source: L. 88: Entire article added, p. 330, � 1, effective May 29. L. 94: (1) and (4) amended, p. 1553, � 5, effective July 1. L. 96: (1), (2), (3), and (4) amended, p. 1385, � 7, effective July 1. L. 99: (1) and (5) amended, p. 749, � 16, effective January 1, 2000. L. 2003: (5) amended, p. 1672, � 4, effective July 1. L. 2006: (1) and (5) amended, p. 1148, � 4, effective May 29, 2012. Editor's note: Section 12 of chapter 249, Session Laws of Colorado 2006, provides that the act amending subsections (1) and (5) is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012. 4-9.5-105.3. Effective financing statements. (1) An effective financing statement shall state: (a) The name and address of the secured party; (b) The name and address of the debtor, which, in the case of an individual, shall have the surname appear first, and in the case of a corporation or other entity that is not an individual, shall have the name appear beginning with the first word or character that is not an article or punctuation mark; (c) The social security number, or other unique identifier, of the debtor or, in the case of a debtor doing business other than as an individual, the federal internal revenue service taxpayer identification number, or other unique identifier, of such debtor; (d) A description of the farm products subject to the security interest created by the debtor, including: (I) The amount of the farm products, unless all of a particular farm product is subject to the particular security interest; (II) The name of each county in which the farm products are produced, stored, or otherwise located or to be produced, stored, or otherwise located; and (III) The crop year, unless every crop year for the duration of the effective financing statement is subject to the particular security interest. (e) Further details of the farm products subject to the security interest, if needed to distinguish them from other farm products owned by the same person but not subject to the particular security interest; and (f) Such other additional information as the central filing officer may require to comply with 7 U.S.C. sec. 1631 or to more effectively carry out the purposes of this article. (2) An effective financing statement shall remain effective for a period of five years after the date of filing, unless its effectiveness is extended by filing one or more continuation statements in accordance with section 4-9.5-106 (1). (3) An effective financing statement may: (a) Cover more than one farm product located in more than one county for any given debtor; and (b) Cover more than one debtor. (4) An effective financing statement may not be created by amending a financing statement filed under article 9 of this title. Source: L. 2006: Entire section added, p. 1148, � 5, effective May 29, 2012. Editor's note: Section 12 of chapter 249, Session Laws of Colorado 2006, provides that the act enacting this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012. 4-9.5-105.7. Amendment of effective financing statements. (1) An effective financing statement may be amended to add or delete collateral, or otherwise to amend the information provided in the effective financing statement, by filing an amendment with the central filing officer that identifies the effective financing statement to which the amendment relates by providing its file number, filing office where originally filed, and date filed. (2) An effective financing statement that is amended by an amendment that adds collateral is effective as to the added collateral only from the date of the filing of the amendment. (3) An effective financing statement that is amended by an amendment that adds a debtor is effective as to the added debtor only from the date of the filing of the amendment. (4) If the security interest is terminated as to one or more of the farm products shown on the filed effective financing statement and the effective financing statement is to remain effective as to one or more other farm products, the secured party shall, within thirty days after such partial termination, file an amendment reflecting such partial termination with the central filing officer. If the affected secured party fails to file an amendment reflecting such partial termination within the thirty-day period, the secured party shall be liable to the debtor for five hundred dollars and, in addition, for any loss caused to the debtor by such failure. (5) An amendment to an effective financing statement to delete collateral does not amend or otherwise impair the perfection of any security interest perfected by the effective financing statement for purposes of article 9 of this title. Source: L. 2006: Entire section added, p. 1148, � 5, effective May 29, 2012. Editor's note: Section 12 of chapter 249, Session Laws of Colorado 2006, provides that the act enacting this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012. 4-9.5-106. Continuation statements. (1) A continuation statement may be filed within six months prior to the expiration of the five-year period of effectiveness of an effective financing statement. A continuation statement shall identify the effective financing statement by file number, filing office where originally filed, and date filed. Upon timely filing of the continuation statement, the effectiveness of the effective financing statement shall be continued for five years after the last date to which the effective financing statement was effective, whereupon its effectiveness shall lapse 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 effective financing statement. (2) The effectiveness of an effective financing statement that was filed before July 1, 1996, and that had not otherwise lapsed by December 31, 1997, shall be deemed to have lapsed in the manner provided in subsection (1) of this section on December 31, 1997, unless a continuation statement was filed on or after July 1, 1996, but on or before December 31, 1997, that complied with the requirements of subsection (1) of this section. The filing of a continuation statement pursuant to this subsection (2) shall have extended the effectiveness of the effective financing statement for five years after the last date to which the effective financing statement would otherwise have been effective, whereupon it shall have lapsed in the manner set forth in subsection (1) of this section unless further continuation statements were filed in the manner and within the time periods prescribed in subsection (1) of this section in order to prevent such lapse. (3) (Deleted by amendment, L. 2006, p. 1150, � 6.) (4) No continuation statement filed pursuant to this section 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. Source: L. 88: Entire article added, p. 330, � 1, effective May 29. L. 97: Entire section amended, p. 550, � 9, effective April 24. L. 97, 1st Ex. Sess.: (2) amended and (4) added, p. 7, � 3, effective October 22. L. 2006: (1), (2), and (3) amended, p. 1150, � 6, effective May 29, 2012. Editor's note: (1) Subsection (2) was amended and subsection (4) was added by Senate Bill 97S-005 at the first extraordinary session of the sixty-first general assembly in 1997 to correct a technical error. The amendment removes a requirement erroneously left in the law that every continuation statement filed under the Uniform Commercial Code - Secured Transactions or the Central Filing of Effective Financing Statements Act on or after July 1, 1995, include a statement that the financing statement that is being continued by the filing remains effective. It substitutes language that validates continuation statements filed on or after July 1, 1995, in a form that does not include such statement. (2) Section 12 of chapter 249, Session Laws of Colorado 2006, provides that the act amending subsections (1), (2), and (3) is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012. 4-9.5-107. Termination statement. (1) The secured party identified in an effective financing statement may at any time, and without regard to whether there is any outstanding secured obligation or commitment to make advances, incur obligations, or otherwise give value, file with the central filing officer a termination statement with respect to such effective financing statement pursuant to this section and provide notice to the debtor of such filing. (1.3) (a) Unless the debtor otherwise requests, whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations, or otherwise give value, the secured party identified in an effective financing statement relating to such obligation or commitment shall, within thirty days, terminate such effective financing statement by filing with the central filing officer either: (I) A termination statement pursuant to this section; or (II) A termination statement pursuant to article 9 of this title. (b) If a termination statement is filed pursuant to either subparagraph (I) or (II) of paragraph (a) of this subsection (1.3), the secured party shall provide notice to the debtor of such filing. If the secured party fails to file a required termination statement within the thirty-day period, the secured party shall be liable to the debtor for one thousand dollars, and, in addition, for any loss caused to the debtor by such failure. (1.5) A termination statement filed pursuant to either subsection (1) or subparagraph (I) of paragraph (a) of subsection (1.3) of this section does not terminate or otherwise impair the perfection of any security interest perfected by the effective financing statement for purposes of article 9 of this title. (2) (a) The termination statement shall: (I) Be signed, authorized, or otherwise authenticated by the secured party, and if such notice is filed by electronic transmission it shall be signed electronically, pursuant to section 24-71-101, C.R.S.; (II) Identify the effective financing statement, the effectiveness of which is to be terminated, by file number, filing office where originally filed, and date filed; and (III) State that the effective financing statement is to be removed from the master list. (b) The effectiveness of a terminated effective financing statement shall cease as of the date and hour of filing the termination statement by the central filing officer. Source: L. 88: Entire article added, p. 331, � 1, effective May 29. L. 97: (2) amended, p. 551, � 10, effective April 24. L. 99: (1) and (2)(b) amended, p. 749, � 17, effective January 1, 2000. L. 2001: (1) and (2)(a)(I) amended, p. 1430, � 9, effective July 1. L. 2004: (2)(a)(I) amended, p. 1172, � 3, effective July 1. L. 2006: (1) and (2) amended and (1.3) and (1.5) added, p. 1150, � 7, effective (see editor's note). L. 2008: (1.5) amended, p. 268, � 7, effective May 29, 2012. Editor's note: (1) Section 12 of chapter 249, Session Laws of Colorado 2006, provides that the act amending subsections (1) and (2) and enacting subsections (1.3) and (1.5) is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012. (2) Section 9 of chapter 84, Session Laws of Colorado 2008, provides that the act amending subsection (1.5) is effective simultaneously with Senate Bill 06-188. For further explanation, see section 12 of chapter 249, Session Laws of Colorado 2006. The revisor of statutes received certification from the secretary of state, as specified in said chapter 249, on February 29, 2012. 4-9.5-108. Filings generally. (1) Each record filed in the central filing system shall contain all information required by the laws of this state to be contained in the record. Each such record shall: (a) Be on or in such medium as may be acceptable to the central filing officer and from which the central filing officer may create a physical document that contains all of the information in the record. The central filing officer may require that the record be delivered by any one or more means or on or in any one or more media as may be acceptable to the central filing officer. The central filing officer is not required to accept for filing a record that is not delivered by a means and in a medium that complies with the requirements then established by the central filing officer for the delivery and filing of records. If the central filing officer permits a record to be delivered on paper, the record shall be typewritten or machine printed, and the central filing officer may impose reasonable requirements upon the dimensions, legibility, quality and color of such paper, and typewriting or printing. If the delivery of a record subject to this article for filing is required or permitted to be accomplished electronically, then the central filing officer may prescribe the format and other attributes of the record and may refuse to permit such record to be accompanied by any physical document. (b) Be in the English language; (c) Include any form or cover sheet, or both, required pursuant to section 4-9.5-108.5; (d) Be delivered to the central filing officer for filing; and (e) Be accompanied by all required fees. (2) A record filed pursuant to this article shall not constitute notice for purposes of section 38-35-109, C.R.S. (3) Any continuation, termination, amendment, or assignment of an effective financing statement shall be signed, authorized, or otherwise authenticated by the secured party, and, in the case of an amendment that adds collateral or adds an additional debtor, by the affected debtor or debtors. If such filing is made by electronic transmission, it shall be signed electronically, pursuant to section 24-71-101, C.R.S. (4) The provisions of part 5 of article 9 of this title regarding the filing of records shall apply to the filing of records under this article to the extent not inconsistent therewith. Source: L. 88: Entire article added, p. 331, � 1, effective May 29. L. 94: Entire section amended, p. 1554, � 6, effective July 1. L. 95: Entire section amended, p. 1140, � 14, effective July 1, 1996. L. 96: (1) amended, p. 1386, � 8, effective July 1. L. 97: (3) added, p. 551, � 11, effective April 24. L. 99: (1) amended, p. 749, � 18, effective January 1, 2000. L. 2001: (1) and (3) amended, p. 1431, � 10, effective July 1. L. 2003: (1) amended, p. 1672, � 5, effective July 1. L. 2004: (3) amended, p. 1173, � 4, effective July 1. L. 2006: Entire section amended, p. 1152, � 8, effective May 29, 2012. Editor's note: Section 12 of chapter 249, Session Laws of Colorado 2006, provides that the act amending this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012. 4-9.5-108.5. Forms. The central filing officer may prepare and furnish a form for any record that is subject to this article and may require the use of any such form. Source: L. 2006: Entire section added, p. 1153, � 9, effective May 29, 2012. Editor's note: Section 12 of chapter 249, Session Laws of Colorado 2006, provides that the act enacting this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012. 4-9.5-109. Food Security Act of 1985. Whether a buyer of farm products takes subject to a security interest shall be determined by section 1324 of the federal Food Security Act of 1985 and applicable provisions of Colorado law. Source: L. 88: Entire article added, p. 331, � 1, effective May 29. 4-9.5-110. Fees - rules - federal certification. (1) Repealed. (1.5) The central filing officer shall charge and collect fees and other charges, which shall be determined and collected pursuant to section 24-21-104 (3), C.R.S., for: (a) Distributing the master list; (b) Furnishing any information; (c) Furnishing a copy of any filed record; (d) Filing any record required or permitted to be filed under this article. (2) The central filing officer is hereby authorized to adopt such rules as are necessary to carry out the provisions of this article and to conform the central filing system to the requirements of the federal Food Security Act of 1985. (3) The central filing officer may contract with one or more public or private parties to perform some or all of its duties under this article; except that the central filing officer may not delegate the power to make rules or regulations, conduct public hearings, prescribe forms, and establish services and fees therefor. (4) (Deleted by amendment, L. 2003, p. 1672, � 6, effective July 1, 2003.) (5) Revenues collected by the central filing officer pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the department of state cash fund created in section 24-21-104 (3), C.R.S. (6) Repealed. Source: L. 88: Entire article added, p. 331, � 1, effective May 29. L. 95: (1) and (3) amended, p. 1140, � 15, effective July 1, 1996. L. 96: (1) repealed, p. 1386, � 9, effective July 1. L. 99: (4) added, p. 750, � 19, effective July 1. L. 2003: (2), (3), and (4) amended and (5) and (6) added, p. 1672, � 6, effective July 1. L. 2006: Entire section amended, p. 1153, � 10, effective May 29, 2012. Editor's note: (1) Subsection (6)(b) provided for the repeal of subsection (6), effective July 1, 2004. (See L. 2003, p. 1672.) (2) Section 12 of chapter 249, Session Laws of Colorado 2006, provides that the act amending this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012. 4-9.5-111. Penalties. Any debtor or third party who provides any false or misleading information concerning the name of the owner of any farm products or the existence of any security interest affecting farm products with the intent to deprive the secured party of any of his or her security under the security interest or to defraud or mislead the buyer of any farm product as to the existence of the security interest or fails to pay to the secured party any moneys realized out of the sale of collateral in violation of any security agreement and with the intent to deprive the secured party of such party's rights thereto, or makes a filing subject to section 4-9.5-108 (3) that is not signed, authorized, or otherwise authenticated by the secured party as required by section 4-9.5-108 (3), shall be deemed to have violated section 18-5-206, C.R.S., and shall be subject to the penalties described in said section. Any penalty so collected shall be transmitted to the state treasurer, who shall credit the same to the department of state cash fund created in section 24-21-104 (3), C.R.S. Source: L. 88: Entire article added, p. 332, � 1, effective May 29. L. 97: Entire section amended, p. 552, � 12, effective April 24. L. 2003: Entire section amended, p. 1673, � 7, effective July 1. L. 2004: Entire section amended, p. 1173, � 5, effective July 1. 4-9.5-112. Severability of provisions. (Repealed) Source: L. 88: Entire article added, p. 332, � 1, effective May 29. L. 2003: Entire section repealed, p. 1669, � 1, effective July 1. 4-9.5-112.5. Immunity. (1) Except in cases of willful misconduct or bad faith, the contractors retained by the central filing officer, as well as the employees of such contractors, 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. (2) Any error or omission described in subsection (1) of this section shall constitute a tort and not a breach of any express or implied contract. Source: L. 2003: Entire section added, p. 1673, � 8, effective July 1. 4-9.5-113. Repeal of article. (Repealed) Source: L. 94: Entire section added, p. 1554, � 7, effective July 1. L. 95: Entire section repealed, p. 1140, � 16, effective July 1. ARTICLE 9.7 Colorado Statutory Lien Registration Act 4-9.7-101. Short title. This article shall be known and may be cited as the Colorado Statutory Lien Registration Act. Source: L. 2008: Entire article added, p. 268, � 8, effective May 29, 2012. 4-9.7-102. Scope. (a) This article shall apply to the filing of a record relating to a designated statutory lien. (b) This article shall not apply to the filing of: (1) Notices, certificates, or other records pertaining to any lien created pursuant to the laws of the United States; or (2) A financing statement or other record filed pursuant to article 9 or 9.5 of this title or any successor statutes. (c) This article shall not be construed to create a filing requirement for any lien where the applicable substantive statute does not require filing. Source: L. 2008: Entire article added, p. 268, � 8, effective May 29, 2012. 4-9.7-103. Definitions. (a) As used in this article, unless the context otherwise requires: (1) Claimant means a person identified as a beneficiary or owner of a designated statutory lien in a notice of lien or notice of amendment filed in the office of the secretary of state pursuant to this article. (2) Continue means to renew or otherwise extend the effectiveness of a notice of lien. (3) Designated statutory lien means: (A) A harvester's lien pursuant to article 24.5 of title 38, C.R.S.; (B) An agistor's lien pursuant to part 2 of article 20 of title 38, C.R.S.; (C) A hospital lien pursuant to article 27 of title 38, C.R.S.; (D) A restitution lien pursuant to section 16-18.5-104, C.R.S.; (E) A child support lien pursuant to section 14-10-122, C.R.S.; (F) A security interest held by a housing authority pursuant to section 29-4-712, C.R.S.; or (G) Any other lien provided for by a statute of this state that requires or expressly permits a notice or other record creating, evidencing, or perfecting the lien to be filed in the office of the secretary of state, except as provided in section 4-9.7-102 (b) and (c). (4) Notice of amendment means a record filed in the office of the secretary of state pursuant to this article that changes, corrects, continues, terminates, subordinates, or otherwise modifies a notice of lien. (5) Notice of lien means a record filed in the office of the secretary of state pursuant to this article that identifies one or more claimants with respect to a designated statutory lien; identifies, to the extent required by the applicable substantive statute, the property asserted to be subject to the lien; identifies the owner or owners of the property; and otherwise complies with the requirements of this article. (6) Owner means a person identified in a notice of lien or notice of amendment in the office of the secretary of state pursuant to this article as an owner of property subject to a designated statutory lien. (7) Record, except as used in the phrases for record, of record, record or legal title, and record owner, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (8) Substantive statute means the statute creating, providing for, or giving rise to a designated statutory lien. (9) Taxpayer identification number means a social security number, an employer identification number, or an individual taxpayer identification number. (10) Terminate means to release or otherwise extinguish the effectiveness of a notice of lien. Source: L. 2008: Entire article added, p. 269, � 8, effective May 29, 2012. 4-9.7-104. Contents of a notice of lien or notice of amendment. (a) (1) A notice of lien shall state: (A) The name of one or more owners; (B) The name of one or more claimants; (C) A citation to the section of the substantive statute pursuant to which the notice of lien is filed; (D) To the extent required by the applicable substantive statute, an identification of the property asserted to be subject to a designated statutory lien and any other information that the applicable substantive statute requires to be contained in or included with the notice of lien; (E) That any other information or record required to be filed with the office of the secretary of state pursuant to the applicable substantive statute has been included with or attached to the notice of lien; and (F) Such additional information as the secretary of state may require. (2) A notice of lien may state: (A) The mailing address of one or more owners; and (B) The mailing address of one or more claimants. (b) (1) A notice of amendment shall state: (A) The original filing number of the notice of lien to which the notice of amendment relates; (B) That any other information or record required to be filed with the office of the secretary of state pursuant to the applicable substantive statute has been included with or attached to the notice of amendment; and (C) Any additional information that the secretary of state requires. (2) A notice of amendment may contain any information necessary to indicate the manner and extent to which the notice of amendment affects the notice of lien. (c) A notice of lien shall remain effective for the period provided for by the applicable substantive statute or until a notice of amendment that terminates the notice of lien is filed in the office of the secretary of state. Source: L. 2008: Entire article added, p. 270, � 8, effective May 29, 2012. 4-9.7-105. Acceptance and refusal to accept for filing. (a) The secretary of state shall refuse to accept a notice of lien or notice of amendment for filing if: (1) The applicable filing fee is not tendered; (2) The notice is not communicated by a method of communication authorized by the secretary of state; (3) The notice of lien does not state the name of an owner; (4) The notice of lien does not state the name of a claimant; (5) The notice of amendment does not indicate the original file number of the notice of lien to which the notice of amendment relates; or (6) The notice of lien or notice of amendment fails to state any additional information that the secretary of state requires. (b) The secretary of state may refuse to accept a notice of lien or notice of amendment for filing if the notice of lien or notice of amendment does not include the address of one or more claimants. (c) Filing does not occur with respect to a notice of lien or notice of amendment that the secretary of state refuses to accept for a reason set forth in subsection (a) or (b) of this section. Source: L. 2008: Entire article added, p. 271, � 8, effective May 29, 2012. 4-9.7-106. Duties of filing officer. (a) If a notice of lien is communicated to and accepted by the secretary of state for filing, the secretary of state shall cause the notice to be marked, maintained, and indexed in accordance with the provisions of section 4-9-519 as if the notice were a financing statement and each owner identified in the notice were a debtor within the meaning of section 4-9-519. (b) If a notice of amendment is communicated to and accepted by the secretary of state for filing, the secretary of state shall: (1) Cause the notice of amendment to be marked, maintained, and indexed as if the notice were an amendment of a financing statement within the meaning of section 4-9-512; (2) If the notice of amendment terminates a notice of lien, cause the notice of amendment to be marked, maintained, and indexed as if the notice were a termination statement within the meaning of section 4-9-513; or (3) If the notice of amendment continues a notice of lien, cause the notice of amendment to be marked, maintained, and indexed as if the notice were a continuation statement as defined in section 4-9-102 (27) and extend the effectiveness of the notice of lien by the appropriate period pursuant to the applicable substantive statute. (c) If the secretary of state refuses to accept a notice of lien or notice of amendment for filing, the secretary of state shall communicate to the person that presented the record the fact of and reason for the refusal. The communication shall be made at the time and in the manner prescribed by the rules adopted by the secretary of state pursuant to section 4-9.7-109. (d) The secretary of state may remove a notice of lien from the records of the secretary of state one year after the notice expires in accordance with section 4-9.7-104 (c). (e) The secretary of state shall communicate or otherwise make available in a record the following information to any person that requests the information: (1) Whether there is on file on a date and time specified by the secretary of state any notice of lien or notice of amendment that: (A) Designates a particular owner; and (B) Has not expired under section 4-9.7-104 (c); and (C) If the request so states, has expired under section 4-9.7-104 (c) and a record of which is maintained by the secretary of state under subsection (d) of this section; (2) The date and time of filing of each notice of lien and notice of amendment described in paragraph (1) of this subsection (e); and (3) The information provided in each notice of lien and notice of amendment described in paragraph (1) of this subsection (e). Source: L. 2008: Entire article added, p. 271, � 8, effective May 29, 2012. L. 2013: (d), (e)(1)(B), and (e)(1)(C) amended, (HB 13-1300), ch. 316, p. 1662, � 6, effective August 7. 4-9.7-107. Fees. Subject to section 24-75-402, C.R.S., fees for services rendered by the secretary of state under this article shall be determin