Except for such realty-related collateral, eliminates the existing option to file in the office of the county clerk and recorder of any county on and after January 1, 2000. Contains transitional provisions for the collection of documents by the central filing officer from the secretary of state and from the county clerks in the various counties. Makes corresponding changes to statutes governing the powers and duties of the central information system board ("board") and the central filing system for agricultural liens.
Provides for electronic filing (in which no physical, paper original document is filed) and for transmission and retrieval of images of physical originals by facsimile so long as the information transmitted is sufficient to produce a true copy of the original. Requires that digitally imaged or electronically filed documents be retained in a form that facilitates location and retrieval of an image or printout of the original document or of the information originally filed. Specifically authorizes the central filing officer to establish prepaid accounts, an electronic debit system, or the like to facilitate payment of filing fees.
Allows for the rejection of documents that cannot be filed because they are illegible, refer to other documents that are not adequately identified, or suffer from other enumerated defects. Requires the reason for any such refusal to be communicated to the person presenting the document for filing.
Changes the composition of the board to more accurately reflect the interests of users. Requires the board to select a central filing officer and otherwise procure equipment and personal services, relying on private contractors whenever practicable. Directs that the central filing system and index include the capability for periodic self-audits. Requires the board to conduct such self-audits, monitor the performance of the system, and make quarterly reports to the general assembly during the startup period.
Amends the fee structure for filing of documents. Reduces or eliminates a number of fees, including the $3 per filing now being transferred to the county clerk's technology fund by the secretary of state. Allows the county clerks in the various counties to retain equipment previously purchased using moneys from the fund.
Appropriates to the department of state $89,308 from the secretary of state cash fund, $749,426 from the central information system cash fund, and $120,661 from the central filing office cash fund. Further appropriates to the department of law $4,626 of the foregoing amounts received from the department of state. Reduces the department of state's fiscal year 1999-2000 appropriation for central lien indexing by $2,614,770.
APPROVED by Governor May 20, 1999
PORTIONS EFFECTIVE July 1, 1999,
January 1, 2000
S.B. 99-143 Consumer protection - deceptive trade practices - damages. Limits the class of potential plaintiffs under the citizen-suit provisions of the "Colorado Consumer Protection Act" to actual or potential consumers of the defendant's goods, services, or property, successors in interest to such consumers, or business competitors of the defendant.
Replaces existing provisions that automatically require the imposition of treble damages plus court costs and attorney fees with a provision allowing recovery of court costs and attorney fees plus the greater of: (I) the actual damages sustained; (II) $500; or (III) where bad-faith conduct is clearly proven, treble damages. Defines bad-faith conduct as fraudulent, willful, knowing, or intentional conduct that causes injury.
Reorganizes existing consumer protection provisions for clarity.
APPROVED by Governor May 18, 1999
EFFECTIVE May 18, 1999
H.B. 99-1270 Manufactured home sellers - registration, escrow and bonding, and contract requirements. Requires a person to register with the division of housing before engaging in the business of selling manufactured homes in Colorado. Requires any person who wishes to sell manufactured homes from more than one retail location in Colorado to obtain a separate registration for each retail location. States that a registration is valid for 1 year after its issuance. Sets forth registration application requirements. Allows the division of housing to charge a fee of not more than $150 per registration or renewal to cover direct and indirect administrative costs.
States that a person is not engaged in the business of selling manufactured homes and is thus not subject to the registration, escrow and bonding, and contract requirements imposed on sellers of manufactured homes if such person:
Creates the manufactured home fund. Requires all registration and renewal fees paid by sellers of manufactured homes to be credited to the manufactured home fund and requires all interest earned on moneys in the fund to be credited to the fund. States that all moneys in the fund shall remain in the fund subject only to annual appropriation by the general assembly for the direct and indirect costs of administering the registration, escrow and bonding, and contract requirements imposed upon manufactured home sellers.
Requires registered manufactured home sellers to escrow manufactured home sale down payments. Requires any manufactured home seller that applies for registration to contemporaneously file with the division of housing a $50,000 letter of credit, certificate of deposit, or surety bond drawn in favor of the attorney general for the use of the people of Colorado. Requires the division of housing to send the attorney general an updated list of all registered and bonded manufactured home sellers at least once per month. States that the division of housing may revoke or suspend the registration of any manufactured home seller that fails to provide a letter of credit, certificate of deposit, or surety bond. Before a claim can be paid, requires a ceasing of business operations or a bankruptcy filing by the registered manufactured home seller or a final judicial judgment in favor of a person making a claim against the line of credit, certificate, or surety bond.
Requires the seller of a manufactured home to disclose specified legal rights and obligations of the buyer in the contract for sale. Requires the seller of a manufactured home to disclose the existence of the escrow account for home sale down payments and the letter of credit, certificate of deposit, or surety bond filed with the division of housing in the contract for sale. Requires the seller of a manufactured home to specify a date certain for delivery of the home or list the preconditions that must occur before a date certain can be set and specify the buyer's remedies for delayed delivery in the contract of sale.
Defines any violation of registration, escrow and bonding, and contract requirements by a manufactured home seller as an unlawful manufactured home sale practice. States that an unlawful manufactured home sale practice is a deceptive trade practice, and repeals existing law that classifies certain activities related to the advertisement or sale of manufactured homes as a deceptive trade practice.
APPROVED by Governor May 24, 1999
EFFECTIVE October 1, 1999
NOTE: This act shall take effect October 1, 1999, unless a referendum petition is filed during the ninety-day period
after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article
V, section 1 (3) of the state constitution. If such a referendum petition is filed against this act or an item, section, or
part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the
date of the official declaration of the vote thereon by proclamation of the governor.
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