24-21-104. Fees of secretary of state.

(1) (a) It is the duty of the secretary of state to charge fees, which shall be determined and collected pursuant to subsection (3) of this section, for filing each body corporate and politic document, for filing each facsimile signature, for each notary public's commission, for each foreign commission, for each official certificate, for administering each oath, for all transcripts or copies of papers and records, computer tapes, microfilm, or microfiche, and for other papers officially executed and other official work that may be done in the secretary of state's office. The secretary of state shall not deliver any such commission, file for record any certificate, or do any such official work until the fee or sum so fixed to be collected therefor has first been paid. 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, there shall be paid, in advance, to the department of state cash fund, the sum of forty-four dollars for each day of attendance 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 said department, except moneys collected pursuant to article 55 of title 12, C.R.S., 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 moneys 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 moneys credited to the department of state cash fund shall be 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) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, 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 Colorado tourism promotion fund created in section 24-32-1306.

(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) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, on April 20, 2009, the state treasurer shall deduct two million one hundred seventy-five thousand dollars from the department of state cash fund and transfer such sum to the general fund.

(XIII) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, on June 2, 2008, the state treasurer shall deduct ten thousand dollars from the department of state cash fund and transfer such sum to the address confidentiality program surcharge fund created in section 24-21-214 (4) (a).

(XIV) Notwithstanding any provision of paragraph (b) of this subsection (3) to the contrary, in accordance with section 24-21-214 (4) (c), during the state fiscal year 2008-09, the state treasurer shall deduct moneys from the department of state cash fund and transfer such moneys to the address confidentiality program surcharge fund created in section 24-21-214 (4) (a).

(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) All moneys collected by the office of the secretary of state pursuant to article 55 of title 12, C.R.S., shall be transmitted to the state treasurer and credited to the notary administration cash fund, created in section 12-55-102.5, C.R.S.

(j) Repealed.

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.

Editor's note: (1) Amendments to subsection (3)(b) by Senate Bill 98-194 and House Bill 98-1043 were harmonized.

(2) Subsection (3)(f)(II)(B) provided for the repeal of subsection (3)(f), effective January 1, 2000. (See L. 99, p. 752.)

(3) Amendments to subsection (3)(b) by House Bill 02-1326 and House Bill 02-1321 were harmonized.

(4) Subsection (3)(d)(XII) was originally numbered as (3)(d)(XI) in Senate Bill 03-191 but has been renumbered on revision for ease of location.

(5) Subsection (3)(j)(II) provided for the repeal of subsection (3)(j), effective July 1, 2003. (See L. 2002, p. 1653.)

(6) Subsection (3)(d)(IX) refers to the Colorado tourism promotion fund in § 24-32-1306. Part 13 of article 32 was repealed August 1, 2000.

Law reviews. For article, "Legislative Update", see 11 Colo. Law. 2142 (1982).

For cases dealing with the historical background to this section, see Airy v. People, 21 Colo. 144, 40 P. 362 (1895); Bd. of Comm'rs v. Clapp, 9 Colo. App. 161, 48 P. 157 (1897); Bd. of Comm'rs v. Hall, 9 Colo. App. 538, 49 P. 370 (1897); Adams v. People, 25 Colo. 532, 55 P. 806 (1898); Price v. Bd. of Comm'rs, 22 Colo. App. 315, 124 P. 353 (1912).

Secretary's assessment of 1% of all gross revenues for games of chance suppliers and manufacturers constituted a fee and not an illegal tax under art. III of the state constitution. Bingo Games Supply Co., Inc. v. Meyer, 895 P.2d 1125 (Colo. App. 1995).