§ 24-21-104 — Fees of secretary of state

Colorado § 24-21-104

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Secretary of State - Department of State

Text

(1) (a) (I) The secretary of state shall
charge fees, which shall be determined and collected pursuant to subsection (3) of
this section, for:

(A) Filing each body corporate and politic document;

(B) Filing each facsimile signature;

(C) Each notary public's commission;

(D) Each foreign commission;

(E) Each official certificate;

(F) Administering each oath;

(G) Each filing made in accordance with sections 6-13-201 and 6-13-202;

(H) Any transcripts or copies of papers and records, computer tapes,
microfilm, or microfiche; and

(I) Any other papers officially executed and other official work that is done in
the secretary of state's office.

(II) The secretary of state shall not deliver any commission, file for record
any certificate, or do any other official work until the applicable fee for the work
has first been paid.

(III) At the time of service of any subpoena upon the secretary of state or any
of his or her deputies or employees, a fee of fifty dollars and a fee of ten dollars for
meals and mileage at the rate prescribed for state officers and employees in
section 24-9-104 for each mile actually and necessarily traveled in going to and
returning from the place named in the subpoena shall be paid to the department of
state cash fund. If the person named in the subpoena is required to attend the place
named in the subpoena for more than one day, the sum of forty-four dollars for
each day of attendance shall be paid, in advance, to the department of state cash
fund to cover the expenses of the person named in the subpoena.

(b) Notwithstanding the amount specified for any fee in paragraph (a) of this
subsection (1), the secretary of state by rule or as otherwise provided by law may
reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), 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 by rule or as otherwise
provided by law may increase the amount of one or more of the fees as provided in
section 24-75-402 (4).

(2) Except as otherwise provided by statute, the secretary of state is
authorized to maintain an accounts receivable system for the collection of fees
charged for papers officially executed and all other official work which may be
done in his office.

(3) (a) This subsection (3) shall apply, where referenced by statute, to all
fees charged by the secretary of state.

(b) The department of state shall adjust its fees so that the revenue
generated from the fees approximates its direct and indirect costs, including the
cost of maintenance and improvements necessary for the distribution of electronic
records; except that the department may reduce its fees to generate revenue in an
amount less than costs if necessary pursuant to section 24-75-402 (3). Such costs
shall not include the costs paid by the amounts appropriated by the general
assembly from the general fund to the department of state for elections pursuant
to section 24-21-104.5. Such fees shall remain in effect for the fiscal year following
the adjustment. All fees collected by the department shall be transmitted to the
state treasurer, who shall credit the same to the department of state cash fund,
which fund is hereby created. All money credited to the department of state 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 money credited
or transferred to the department of state cash fund is available for appropriation by
the general assembly to the department of state in the general appropriation bill or
pursuant to section 24-9-105 (2).

(c) Beginning July 1, 1984, and each July 1 thereafter, whenever moneys
appropriated to the department of state during the prior fiscal year are
unexpended, said moneys shall be made a part of the appropriation to the
department of state for the next fiscal year, and such amount shall not be raised
from fees collected by the department of state. If a supplemental appropriation is
made to the department of state for its activities, the fees of the department of
state shall be adjusted by an additional amount that is sufficient to compensate for
such supplemental appropriation. Funds appropriated to the department of state in
the general appropriation bill from the department of state cash fund shall be
designated as cash funds and shall not exceed the amount anticipated to be raised
from fees collected by the department of state.

(d) (I) Notwithstanding any provision of paragraph (b) of this subsection (3) to
the contrary, for the fiscal year beginning July 1, 1984, the general assembly, acting
by bill, may direct the state treasurer to deduct from the department of state cash
fund any unappropriated moneys in said fund and to credit such moneys to the
general fund.

(II) Repealed.

(III) Notwithstanding any provision of paragraph (b) of this subsection (3) to
the contrary, on July 1, 1997, the state treasurer shall deduct one million dollars
from the department of state cash fund and transfer such sum to the state rail bank
fund created in section 43-1-1309, C.R.S.

(IV) and (V) Repealed.

(VI) Notwithstanding any provision of paragraph (b) of this subsection (3) to
the contrary, on July 1, 1998, the state treasurer shall deduct three million dollars
from the department of state cash fund and transfer such sum to the state public
school fund created in section 22-54-114, C.R.S.

(VII) Notwithstanding any provision of paragraph (b) of this subsection (3) to
the contrary, in addition to any transfers authorized in H.B. 98-1234, on July 1, 1998,
the state treasurer shall deduct one million dollars from the department of state
cash fund and transfer such sum to the state public school fund created in section
22-54-114, C.R.S.

(VIII) Notwithstanding any provision of paragraph (b) of this subsection (3) to
the contrary, on July 1, 1998, the state treasurer shall deduct one million seven
hundred thousand dollars from the department of state cash fund and transfer such
sum to the children's basic health plan trust fund created in section 25.5-8-105,
C.R.S.

(IX) Repealed.

(X) Notwithstanding any provision of paragraph (b) of this subsection (3) to
the contrary, on March 27, 2002, the state treasurer shall deduct one million two
hundred thousand dollars from the department of state cash fund and transfer such
sum to the general fund.

(XI) Notwithstanding any provision of paragraph (b) of this subsection (3) to
the contrary, on March 5, 2003, the state treasurer shall deduct two million two
hundred thousand dollars from the department of state cash fund and transfer such
sum to the general fund.

(XII) Notwithstanding any provision of paragraph (b) of this subsection (3) to
the contrary, on March 5, 2003, the state treasurer shall deduct five hundred
thousand dollars from the department of state cash fund and transfer such sum to
the general fund.

(XII.5) to (XV) Repealed.

(e) (Deleted by amendment, L. 97, p. 1484, � 1, effective July 1, 1997.)

(f) Repealed.

(g) All moneys collected by the office of the secretary of state pursuant to
section 4-9-525, C.R.S., shall be transferred to the state treasurer and credited to
the department of state cash fund pursuant to this subsection (3).

(h) (Deleted by amendment, L. 98, p. 1331, � 42, effective June 1, 1998.)

(i) and (j) Repealed.

(k) On July 1, 2022, the state treasurer shall transfer eight million four
hundred thirty-five thousand dollars from the general fund to the department of
state cash fund for use by the department for the fiscal year commencing on July 1,
2022, to establish a credit program to reduce certain business fees calculated
under subsection (3)(b) of this section. The credit program set forth in this
subsection (3)(k) to reduce certain business fees shall end on or before June 30,
2023, unless otherwise extended by the general assembly.

(4) For fiscal years beginning on or after July 1, 2015, and for purposes of
section 24-75-402, the alternative maximum reserve for the department of state
cash fund is equal to sixteen and five-tenths percent of the total amount the
department of state expended from the fund during the fiscal year, plus an amount
equal to the amount of unexpended money from an appropriation to the department
of state from the fund for the fiscal year to reimburse county clerk and recorders in
accordance with section 24-21-104.5 for election costs.

Legislative History

Source: G.L. � 1161. G.S. � 1416. R.S. 08: � 2519. C.L. � 7867. CSA: C. 66, � 1. L. 45: p. 339, � 1. CRS 53: � 132-2-4. C.R.S. 1963: � 132-2-4. L. 71: p. 1235, � 1. L. 76: Entire section amended, p. 594, � 3, effective July 1. L. 77: Entire section amended, p. 1167, � 1, effective June 19. L. 81: (1) amended and (3) added, p. 430, � 7, effective July 1. L. 83: Entire section amended, p. 861, � 1, effective July 1. L. 84: (3)(d) added, p. 672, � 1, effective May 11. L. 85: (3)(d) amended, p. 805, � 1, effective May 16; (3)(b) amended, p. 802, � 4, effective July 1. L. 87: (3)(e) added, p. 932, � 2, effective July 1. L. 92: (3)(e)(I) amended, p. 1009, � 1, effective July 1. L. 95: (3)(b) amended and (3)(f) to (3)(h) added, p. 1142, � 19, effective July 1. L. 96: (3)(b) and (3)(c) amended, p. 1441, � 2, effective June 1. L. 97: (3)(d) and (3)(e) amended, p. 1484, � 1, effective July 1. L. 98: (3)(d)(IV) added, p. 877, � 2, effective May 26; (3)(d)(V) added, p. 867, � 2, effective May 26; (3)(d)(VI) added, p. 975, � 22, effective May 27; (1), (3)(b), and (3)(h) amended, (3)(d)(IV) and (3)(d)(V) repealed, and (3)(d)(VII), (3)(d)(VIII), and (3)(d)(IX) added, pp. 1331, 1363, 1364, 1360, 1362, �� 42, 129, 131, 117, 125, 133, effective June 1; (3)(b) amended and (3)(i) added, p. 27, � 5, effective July 1. L. 99: (3)(f)(II) amended, p. 752, � 22, effective July 1. L. 2000: (3)(d)(II) repealed, p. 1861, � 74, effective August 2. L. 2001: (3)(g) amended, p. 1446, � 40, effective July 1. L. 2002: (3)(d)(X) added, p. 152, � 8, effective March 27; (3)(b) amended, p. 859, � 11, effective May 30; (3)(b) amended and (3)(j) added, p.1653, � 15, effective August 7. L. 2003: (3)(d)(XI) added, p. 496, � 4, effective March 5; (3)(d)(XII) added, p. 457, � 13, effective March 5. L. 2006: (3)(d)(VIII) amended, p. 2007, � 69, effective July 1. L. 2007: (3)(b) amended, p. 910, � 3, effective May 17. L. 2008: (3)(d)(XIII) and (3)(d)(XIV) added, p. 1815, � 1, effective June 2. L. 2009: (3)(d)(XII.5) added, (SB 09-208), ch. 149, p. 622, � 16, effective April 20. L. 2010: (3)(d)(XV) added, (SB 10-143), ch. 268, p. 1226, � 1, effective May 25. L. 2011: (3)(d)(XIII) and (3)(d)(XIV) repealed, (HB 11-1080), ch. 256, p. 1123, � 7, effective June 2. L. 2012: (3)(b) amended and (3)(i) repealed, (HB 12-1274), ch. 214, p. 924, � 10, effective August 8. L. 2014: (3)(d)(XII.5) amended, (HB 14-1341), ch. 126, p. 449, � 1, effective April 18. L. 2016: (4) added, (SB 16-089), ch. 44, p. 106, � 1, effective March 23. L. 2017: (1)(a) amended, (HB 17-1092), ch. 78, p. 248, � 5, effective August 9. L. 2020: (3)(d)(IX) repealed, (SB 20-136), ch. 70, p. 289, � 29, effective September 14. L. 2022: (3)(b) amended and (3)(k) added, (HB 22-1001), ch. 163, p. 1017, � 2, effective May 16.