§ 30-10-421 — Filing surcharge

(1) (a) (Deleted by amendment, L. 2014.)

(b) Beginning July 1, 2004, and through December 31, 2029, the county clerk
and recorder shall collect a surcharge of one dollar for each document received for
recording or filing in the clerk and recorder's office. The surcharge is in addition to
any other fees permitted by statute.

(c) Beginning January 1, 2017, and through April 30, 2029, the county clerk
and recorder shall collect the surcharge imposed by the electronic recording
technology board under section 24-21-403 (2) for each document received for
recording or filing in the clerk and recorder's office. The surcharge is in addition to
any other fees permitted by statute.

(1.5) The surcharge described in subsection (1) of this section shall not be
collected on any filing received by the county clerk and recorder as an authorized
agent of the executive director of the department of revenue pursuant to section
38-29-128 or 42-6-121, C.R.S.

(2) Repealed.

(3) (a) A county clerk and recorder shall transmit monthly each surcharge
collected in accordance with paragraph (c) of subsection (1) of this section to the
state treasurer, who shall credit the same to the electronic recording technology
fund created in section 24-21-404, C.R.S. Any money transmitted to the state
treasurer is collected on behalf of the electronic recording technology board and is
excluded from the county's fiscal year spending.

(b) The county clerk and recorder shall retain the proceeds of the surcharge
collected pursuant to paragraph (b) of subsection (1) of this section. Such proceeds
shall be utilized to defray the costs of establishing, maintaining, improving, or
replacing an electronic filing system.

(c) The county clerk and recorder shall place all surcharges that he or she
retains pursuant to this subsection (3) in a separate, segregated account.

(4) County governments shall be exempt from all fees authorized to be
collected under the provisions of this section if the county or any agency thereof is
the grantor or grantee of the document being recorded or if a delegate child
support enforcement unit files or records documents for the purpose of collecting
child support, child support arrears, maintenance, maintenance when combined
with child support, retroactive support, or child support debt.

(5) (Deleted by amendment, L. 2004, p. 748, � 1, effective May 12, 2004.)

(6) As used in this part 4, unless the context otherwise requires:

(a) (Deleted by amendment, L. 2016.)

(b) Repealed.

(c) (Deleted by amendment, L. 2016.)

Legislative History

Source: L. 2002: Entire section added, p. 791, � 5, effective August 7. L. 2003: (1.5) added, p. 966, � 1, effective April 17. L. 2004: (1), (2), (3), and (5) amended, p. 748, � 1, effective May 12; (1)(b), (2), and (3) amended and (6) added, p. 1157, � 2, effective July 1. L. 2006: (1)(b) and (3)(b)(II) amended, p. 298, � 1, effective August 7. L. 2011: (1)(b) amended, (HB 11-1313), ch. 226, p. 971, � 1, effective August 10. L. 2014: (1) and IP(3)(b) amended and (2) and (3)(a) repealed, (HB 14-1363), ch. 302, p. 1271, � 36, effective May 31. L. 2016: (1)(b), (3)(b), and (6) amended, (1)(c) added, and (3)(a) RC&RE, (SB 16-115), ch. 356, p. 1482, � 5, effective June 10. L. 2021: (1)(c) amended, (HB 21-1225), ch. 289, p. 1711, � 6, effective September 7. L. 2024: (1)(b) and (1)(c) amended, (HB 24-1269), ch. 394, p. 2717, � 2, effective July 1, 2025. L. 2025: (6)(b) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.