C.R.S. § 4-9.7-101 Short title
4-9.7-101. Short title. This article shall be known and may be cited as the "Colorado Statutory Lien Registration Act".
Colorado Statutory Lien Registration Act
C.R.S. tit. 4, art. 9.7
in effectC.R.S. § 4-9.7-102 Scope
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.
C.R.S. § 4-9.7-103 Definitions
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.
C.R.S. § 4-9.7-104 Contents of a notice of lien or notice of amendment
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.
C.R.S. § 4-9.7-105 Acceptance and refusal to accept for filing
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.
C.R.S. § 4-9.7-106 Duties of filing officer
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).
C.R.S. § 4-9.7-107 Fees
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 determined and collected pursuant to section 24-21-104, C.R.S.
C.R.S. § 4-9.7-108 Effect of filing
4-9.7-108. Effect of filing. A notice of lien or notice of amendment that is communicated to the office of the secretary of state with tender of the filing fee, but which the secretary of state wrongfully refuses to accept, is effective as a filed record in the records of the secretary of state except as against a purchaser of the property described in the notice who gives value in reasonable reliance upon the absence of the record in the records of the secretary of state.
C.R.S. § 4-9.7-109 Filing office - rules
4-9.7-109. Filing office - rules. (a) The secretary of state shall adopt and publish any rules necessary to implement this article. The rules shall be:
(1) Consistent with this article; and
(2) Adopted and published in accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S.
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