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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0698.01 JAP SENATE BILL 98­131

STATE OF COLORADO

BY SENATOR Rizzuto;

also REPRESENTATIVE Grampsas.

FINANCE

A BILL FOR AN ACT

CONCERNING LIMITATIONS ON STATE CASH FUNDS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Beginning with the fiscal year 1999­2000, prohibits the total amount appropriated from cash funds from exceeding the lesser of 5% of Colorado personal income or the amount of cash funds appropriated in the previous fiscal year, plus 6%.

Beginning with the fiscal year 1998­99, provides that when the ending balance of any cash fund exceeds 10% of the amount appropriated from the cash fund for the ending fiscal year, requires the entity imposing the fees that are credited to the cash fund to reduce the amount of the fees collected. Defines "ending balance" as the amount credited to a cash fund as of June 30 of any fiscal year, plus any amount transferred from the cash fund to a reserve fund during that fiscal year. Specifies that if an entity lowers the amount of any fee in order to meet the 10% limit, after the cash fund reserves are sufficiently reduced to meet said limit, the entity may raise the amount of the fee as necessary to reflect the direct and indirect costs of providing the service; except that the amount of the fee may not be raised beyond any amount specified in statute for the fee.

Makes amendments to various fee amounts to allow the entity imposing the fee to lower the amount, if necessary.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Part 4 of article 75 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:

24­75­402.  Cash funds ­ limitation on appropriations. (1)  FOR THE FISCAL YEAR 1999­2000 AND FOR EACH FISCAL YEAR THEREAFTER, THE TOTAL AMOUNT OF CASH FUNDS APPROPRIATED FOR ANY GIVEN FISCAL YEAR SHALL BE LIMITED TO THE LESSER OF:

(a)  AN AMOUNT EQUAL TO FIVE PERCENT OF COLORADO PERSONAL INCOME, AS DEFINED IN SECTION 24­75­201.1 (1) (a) (VII) (A); OR

(b)  THE TOTAL AMOUNT OF CASH FUNDS APPROPRIATED FOR THE PRECEDING FISCAL YEAR, PLUS SIX PERCENT.

(2)  FOR PURPOSES OF THIS SECTION AND SECTION 24­75­403, "CASH FUNDS" MEANS ANY CASH FUNDS NOT EXCLUDED FROM STATE FISCAL YEAR SPENDING AS DEFINED IN SECTION 24­77­102 (17).

24­75­403.  Cash funds ­ limit on ending balance ­ reduction in amount of fees. (1)  FOR THE FISCAL YEAR 1998­99 AND FOR EACH FISCAL YEAR THEREAFTER, IF THE ENDING BALANCE OF ANY CASH FUND FOR A GIVEN FISCAL YEAR EXCEEDS TEN PERCENT OF THE AMOUNT APPROPRIATED FROM THE CASH FUND FOR THAT FISCAL YEAR, EACH ENTITY THAT SETS THE AMOUNT OF ONE OR MORE FEES DEPOSITED IN THE CASH FUND SHALL LOWER THE AMOUNT OF ONE OR MORE OF SAID FEES TO AN AMOUNT CALCULATED TO RESULT IN AN ENDING BALANCE IN THE CASH FUND FOR THE CURRENT FISCAL YEAR THAT DOES NOT EXCEED TEN PERCENT OF THE AMOUNT APPROPRIATED FROM THE CASH FUND FOR THE CURRENT FISCAL YEAR.

(2)  IF AN ENTITY REDUCES THE AMOUNT OF A FEE PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE ENTITY BY RULE MAY RAISE THE AMOUNT OF THE FEE AFTER THE ENDING BALANCE OF THE CASH FUND TO WHICH THE FEE IS CREDITED IS EQUAL TO OR LESS THAN TEN PERCENT OF THE AMOUNT APPROPRIATED FROM THE CASH FUND FOR THE ENDING FISCAL YEAR. SUCH INCREASE SHALL REFLECT THE DIRECT AND INDIRECT COSTS OF PROVIDING THE ITEM OR SERVICE FOR WHICH THE FEE IS CHARGED; EXCEPT THAT THE ENTITY SHALL NOT INCREASE THE FEE BEYOND ANY AMOUNT SPECIFIED IN STATUTE FOR THE FEE.

(3)  FOR PURPOSES OF THIS SECTION, "ENDING BALANCE" MEANS THE AMOUNT CREDITED TO A CASH FUND AS OF JUNE 30 OF ANY FISCAL YEAR, PLUS ANY AMOUNT TRANSFERRED FROM THE CASH FUND TO A RESERVE FUND DURING THAT FISCAL YEAR.

SECTION 2.  1­1­107 (2) (a), Colorado Revised Statutes, is amended to read:

1­1­107.  Powers and duties of secretary of state ­ penalty. (2)  In addition to any other powers prescribed by law, the secretary of state shall have the following powers:

(a)  To promulgate, publish, and distribute, either in conjunction with copies of the election laws pursuant to section 1­1­108 or separately, such rules and regulations as the secretary of state finds necessary for the proper administration and enforcement of the election laws, INCLUDING BUT NOT LIMITED TO RULES ESTABLISHING THE AMOUNT OF FEES AS PROVIDED IN THIS CODE;

SECTION 3.  1­4­303, Colorado Revised Statutes, is amended to read:

1­4­303.  Nomination of unaffiliated candidates. (1)  Any persons who have submitted to the secretary of state, on the twenty­eighth day preceding the primary election, a notarized candidate's statement of intent together with a nonrefundable filing fee of five hundred dollars or nominated as candidates for the offices of president and vice president of the United States by a petition for nomination of an unaffiliated candidate pursuant to the provisions of section 1­4­802 shall include either on the petition or with the filing fee the names of registered electors who are thus nominated as presidential electors. The acceptance of each of the electors shall be endorsed as appended to the first or last page of the nominating petition or the filing fee.

(2)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN SUBSECTION (1) OF THIS SECTION, THE SECRETARY OF STATE BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE SECRETARY OF STATE BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 4.  1­4­1203, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

1­4­1203.  Names on ballots. (1.5)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (c) OF SUBSECTION (1) OF THIS SECTION, THE SECRETARY OF STATE BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE SECRETARY OF STATE BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 5.  1­4­1205, Colorado Revised Statutes, is amended to read:

1­4­1205.  Write­in candidate affidavit for presidential primary. (1)  No write­in vote for any candidate in the presidential primary election shall be counted unless the candidate for whom the write­in vote was cast has filed an affidavit of intent indicating that the write­in candidate desires the office and is qualified to assume the duties of the office if elected. Affidavits shall be accompanied by a nonrefundable fee of five hundred dollars and shall be filed with the secretary of state more than eight days before the day of the presidential primary.

(2)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN SUBSECTION (1) OF THIS SECTION, THE SECRETARY OF STATE BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE SECRETARY OF STATE BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 6.  4­9.3­103 (3) (b), Colorado Revised Statutes, is amended to read:

4­9.3­103.  Central indexing system board. (3)  In performing its duties pursuant to this article, the board has the power to:

(b)  Adopt, rescind, modify, or amend rules, orders, and resolutions for the exercise of its powers and duties, INCLUDING BUT NOT LIMITED TO RULES LOWERING THE AMOUNT OF THE SURCHARGE IMPOSED PURSUANT TO SECTION 4­9.3­105 (3), subject to article 4 of title 24, C.R.S.;

SECTION 7.  4­9.3­105 (3), Colorado Revised Statutes, is amended to read:

4­9.3­105.  Central indexing system cash fund ­ creation ­ repeal. (3) (a)  A one­dollar surcharge shall be imposed on any and all filings and recordings made with the division of commercial recordings in the office of the secretary of state or any office of a county clerk and recorder, regardless of the statute under which the filing or recording is made; except that such surcharge shall not be imposed on filings and recordings for which there is no charge.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE SURCHARGE IN PARAGRAPH (a) OF THIS SUBSECTION (3), THE BOARD BY RULE MAY REDUCE THE AMOUNT OF THE SURCHARGE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE SURCHARGE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE BOARD BY RULE MAY INCREASE THE AMOUNT OF THE SURCHARGE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 8.  4­11­102, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

4­11­102.  Fees for filing, indexing, and furnishing data. (4)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN SUBSECTION (1) OF THIS SECTION, THE SECRETARY OF STATE BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE SECRETARY OF STATE BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 9.  5­6­104 (1) (e), Colorado Revised Statutes, is amended to read:

5­6­104.  Powers of administrator ­ harmony with federal regulations ­ reliance on rules ­ duty to report. (1)  In addition to other powers granted by this code, the administrator, within the limitations provided by law, may:

(e)  With approval of the commission on consumer credit, adopt, amend, and repeal substantive rules and regulations to carry out the specific provisions of this code, INCLUDING BUT NOT LIMITED TO LOWERING THE AMOUNT OF FILING FEES REQUIRED PURSUANT TO SECTIONS 5­6­203 AND 5­10­805, but not with respect to unconscionable agreements or fraudulent or unconscionable conduct, and adopt, amend, and repeal procedural rules to carry out the provisions of this code;

SECTION 10.  5­6­203, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

5­6­203.  Fees. (7)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE ADMINISTRATOR BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE ADMINISTRATOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 11.  5­10­805, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

5­10­805.  Fees. (3)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE ADMINISTRATOR BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE ADMINISTRATOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 12.  7­28­103 (2), Colorado Revised Statutes, is amended to read:

7­28­103.  Filing, service, and copying fees. (2) (a)  The secretary of state shall charge and collect, at the time of service of any subpoena upon him OR HER or any of his OF THE SECRETARY OF STATE'S deputies or employees, a fee of fifty dollars, an allowance of ten dollars for meals, and a charge for mileage at the rate prescribed by section 24­9­104, C.R.S., for each mile from the state capitol to the place named in the subpoena. The fee is to be paid to the secretary of state; said meal allowance and mileage charge are to be paid to the person named in the subpoena. If the person named in the subpoena is required to appear at the place named in the subpoena for more than one day, he OR SHE shall be paid in advance a per diem allowance of forty­four dollars for each day of attendance in addition to the other fees, allowances, and charges.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE OR ALLOWANCE IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE SECRETARY OF STATE BY RULE MAY REDUCE THE AMOUNT OF THE FEE OR THE ALLOWANCE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE OR ALLOWANCE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE SECRETARY OF STATE BY RULE MAY INCREASE THE AMOUNT OF THE FEE OR ALLOWANCE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 13.  7­40­101 (1), Colorado Revised Statutes, is amended to read:

7­40­101.  Who may organize ­ certificate ­ fees. (1) (a)  Any three or more persons, who may or may not be residents of the state of Colorado, may associate themselves together to establish a corporation not for profit for any lawful business or to promote any legitimate object or purpose and may make, sign, and acknowledge and file in the office of the secretary of state of the state of Colorado and record in the office of the recorder of each county in which said corporation owns real estate in the state of Colorado a certificate in writing, setting forth the name of such corporation, the business, objects, or purposes for which it is formed, and the names of the first directors, trustees, or managers. The department of revenue shall collect a fee of five dollars for filing said certificate.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (1), THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 14.  7­40­105 (1), Colorado Revised Statutes, is amended to read:

7­40­105.  Amendments ­ where filed ­ fees. (1) (a)  All amendments to the certificate of incorporation shall be filed in the office of the secretary of state of Colorado and recorded in the office of the recorder of each county in which said corporation owns real estate in the state of Colorado. The department of revenue shall collect a fee of five dollars for the filing of each amendment.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (1), THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 15.  7­60­151 (2), Colorado Revised Statutes, is amended to read:

7­60­151.  Filing, service, and copying fees. (2) (a)  The secretary of state shall charge and collect, at the time of service of any subpoena upon the secretary of state or any deputy or employee of the secretary of state's office, a fee of fifty dollars and an allowance of ten dollars for meals and a charge for mileage at the rate prescribed by section 24­9­104, C.R.S., for each mile from the state capitol to the place named in the subpoena. The fee is to be paid to the secretary of state; the meal allowance and mileage charge are to be paid to the person named in the subpoena. If the person named in the subpoena is required to appear at the place named in the subpoena for more than one day, the person shall be paid in advance a per diem allowance of forty­four dollars for each day of attendance in addition to any other fees, allowances, and charges.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE OR ALLOWANCE IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE SECRETARY OF STATE BY RULE MAY REDUCE THE AMOUNT OF THE FEE OR ALLOWANCE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE OR ALLOWANCE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE SECRETARY OF STATE BY RULE MAY INCREASE THE AMOUNT OF THE FEE OR ALLOWANCE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 16.  7­62­1201 (2), Colorado Revised Statutes, is amended to read:

7­62­1201.  Fees for filing documents and certificates ­ other charges. (2) (a)  The secretary of state shall charge and collect, 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 by section 24­9­104, C.R.S., for each mile from the state capitol building to the place named in the subpoena, said meal allowance and mileage fee to be paid to the person named in the subpoena. If the person named in the subpoena is required to attend the place named in the subpoena for more than one day, he OR SHE shall be paid in advance A PER DIEM ALLOWANCE OF forty­four dollars for each day of attendance to cover his OR HER expense.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE OR ALLOWANCE IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE SECRETARY OF STATE BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES OR THE ALLOWANCE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES OR ALLOWANCE ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE SECRETARY OF STATE BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES OR ALLOWANCE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 17.  7­64­1105 (2), Colorado Revised Statutes, is amended to read:

7­64­1105.  Filing, service, and copying fees ­ subpoenas. (2) (a)  The secretary of state shall charge and collect, at the time of service of any subpoena upon the secretary of state or any deputy or employee of the secretary of state's office, a fee of fifty dollars and an allowance of ten dollars for meals and a charge for mileage at the rate prescribed by section 24­9­104, C.R.S., for each mile from the state capitol building to the place named in the subpoena. The fee shall be paid to the secretary of state; the meal allowance and mileage charge shall be paid to the person named in the subpoena. If the person named in the subpoena is required to appear at the place named in the subpoena for more than one day, he or she shall be paid in advance a per diem allowance of forty­four dollars for each day of attendance in addition to any other fees, allowances, and charges.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE OR ALLOWANCE IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE SECRETARY OF STATE BY RULE MAY REDUCE THE AMOUNT OF THE FEE OR ALLOWANCE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE OR ALLOWANCE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE SECRETARY OF STATE BY RULE MAY INCREASE THE AMOUNT OF THE FEE OR ALLOWANCE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 18.  7­80­307 (2), Colorado Revised Statutes, is amended to read:

7­80­307.  Filing, service, and copying fees. (2) (a)  The secretary of state shall charge and collect, at the time of service of any subpoena upon the secretary of state or any deputy or employee of the secretary of state's office, a fee of fifty dollars and an allowance of ten dollars for meals and a charge for mileage at the rate prescribed by section 24­9­104, C.R.S., for each mile from the state capitol to the place named in the subpoena. The fee is to be paid to the secretary of state; the meal allowance and mileage charge are to be paid to the person named in the subpoena. If the person named in the subpoena is required to appear at the place named in the subpoena for more than one day, he OR SHE shall be paid in advance a per diem allowance of forty­four dollars for each day of attendance in addition to the other fees, allowances, and charges.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE OR ALLOWANCE IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE SECRETARY OF STATE BY RULE MAY REDUCE THE AMOUNT OF THE FEE OR ALLOWANCE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE OR ALLOWANCE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE SECRETARY OF STATE BY RULE MAY INCREASE THE AMOUNT OF THE FEE OR ALLOWANCE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 19.  7­90­303 (2), Colorado Revised Statutes, is amended to read:

7­90­303.  Filing, service, and copying fees ­ subpoenas. (2) (a)  The secretary of state shall charge and collect, at the time of service of any subpoena upon the secretary of state or any deputy or employee of the secretary of state's office, a fee of fifty dollars and an allowance of ten dollars for meals and a charge for mileage at the rate prescribed by section 24­9­104, C.R.S., for each mile from the state capitol building to the place named in the subpoena. The fee shall be paid to the secretary of state; the meal allowance and mileage charge shall be paid to the person named in the subpoena. If the person named in the subpoena is required to appear at the place named in the subpoena for more than one day, he or she shall be paid in advance a per diem allowance of forty­four dollars for each day of attendance in addition to any other fees, allowances, and charges.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE OR ALLOWANCE IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE SECRETARY OF STATE BY RULE MAY REDUCE THE AMOUNT OF THE FEE OR ALLOWANCE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE OR ALLOWANCE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE SECRETARY OF STATE BY RULE MAY INCREASE THE AMOUNT OF THE FEE OR ALLOWANCE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 20.  7­101­203 (2), Colorado Revised Statutes, is amended to read:

7­101­203.  Filing, service, and copying fees ­ subpoenas. (2) (a)  The secretary of state shall charge and collect, at the time of service of any subpoena upon the secretary of state or any deputy or employee of the secretary of state's office, a fee of fifty dollars and an allowance of ten dollars for meals and a charge for mileage at the rate prescribed by section 24­9­104, C.R.S., for each mile from the state capitol building to the place named in the subpoena. The fee shall be paid to the secretary of state; the meal allowance and mileage charge shall be paid to the person named in the subpoena. If the person named in the subpoena is required to appear at the place named in the subpoena for more than one day, he or she shall be paid in advance a per diem allowance of forty­four dollars for each day of attendance in addition to any other fees, allowances, and charges.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE OR ALLOWANCE IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE SECRETARY OF STATE BY RULE MAY REDUCE THE AMOUNT OF THE FEE OR ALLOWANCE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE OR ALLOWANCE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE SECRETARY OF STATE BY RULE MAY INCREASE THE AMOUNT OF THE FEE OR ALLOWANCE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 21.  8­20­206.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

8­20­206.5.  Environmental response surcharge. (1.5)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE OR SURCHARGE IN SUBSECTION (1) OF THIS SECTION, THE EXECUTIVE DIRECTOR BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES OR SURCHARGES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES OR SURCHARGES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES OR SURCHARGES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 22.  8­20.5­102 (3), Colorado Revised Statutes, is amended to read:

8­20.5­102.  Registration and fees. (3) (a)  The registration and renewal fee shall be thirty­five dollars for each tank for each year. The fees collected pursuant to this subsection (3) shall be credited to the petroleum storage tank fund created in section 8­20.5­103.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (3), THE STATE INSPECTOR OF OILS BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE STATE INSPECTOR OF OILS BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 23.  9­7­107, Colorado Revised Statutes, is amended to read:

9­7­107.  Fees.  An application for a permit under this article shall be accompanied by a fee of twenty­five dollars; EXCEPT THAT THE DIRECTOR OF THE DIVISION BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 24.  9­7­108, Colorado Revised Statutes, is amended to read:

9­7­108.  Issuance of permit ­ renewal.  Permits issued under this article shall be valid for the calendar year after the date of issue unless sooner revoked or suspended. Permits may be renewed on each anniversary date upon the payment of the required fee of twenty­five dollars; EXCEPT THAT THE DIRECTOR OF THE DIVISION BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 25.  10­2­503 (2), Colorado Revised Statutes, is amended to read:

10­2­503.  Commissioner as agent for service of process. (2) (a)  The commissioner shall, within ten working days after receiving three copies of the process served and a fee of ten dollars, forward a copy of such process by registered or certified mail to the person for whom the commissioner has received such process at the nonresident individual's address of record, or, if the nonresident is an insurance agency, at the agency's principal place of business. The commissioner shall keep a record of all process so served.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE COMMISSIONER BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSIONER BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 26.  10­3­207, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

10­3­207.  Fees paid by insurance companies. (5)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE COMMISSIONER BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSIONER BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 27.  10­3­905 (2), Colorado Revised Statutes, is amended to read:

10­3­905.  Service of process upon unauthorized company. (2) (a)  Service of such process shall be made by delivering and leaving with the commissioner two copies thereof and the payment to the commissioner of a fee of ten dollars. The commissioner shall promptly mail by certified mail one of the copies of such process to such company at its last known principal place of business and shall keep a record of all process so served upon him THE COMMISSIONER. Such process is sufficient service upon such company if notice of such service and a copy of the process are, within ten days thereafter, sent by certified mail, by or on behalf of the commissioner, to such company at its last known principal place of business, and the return receipt of the company or, in the event the company refuses to accept such certified mail, the certified mail with its refusal thereon and the affidavit of compliance herewith by or on behalf of the commissioner is filed with the clerk of the court in which such action or proceeding is pending. The date of filing of the return receipt or refusal and affidavit of compliance constitutes the effective date of service and sufficient proof thereof.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE COMMISSIONER BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSIONER BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 28.  10­3­910 (3) (a), Colorado Revised Statutes, is amended to read:

10­3­910.  Application of this part 9. (3)  This part 9 shall not apply to any life insurance company organized and operated, without profit to any private shareholder or individual, exclusively for the purpose of aiding educational or scientific institutions organized and operated without profit to any private shareholder or individual by issuing insurance and annuity contracts directly from the home office of the company and without agents or representatives in this state only to or for the benefit of such institutions and to individuals engaged in the services of such institutions, nor to any policy or contract which it issues; but this exemption is conditioned upon any such company complying with the following requirements:

(a)  Payment of an annual registration fee of five thousand dollars; EXCEPT THAT THE COMMISSIONER BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSIONER BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 29.  10­4­408 (2), Colorado Revised Statutes, is amended to read:

10­4­408.  Rating organization ­ study of workers' compensation rates ­ premium reductions ­ adoption of rules. (2)  If the commissioner finds that the applicant is competent, trustworthy, and otherwise qualified to act as a rating organization and that its constitution, articles of agreement or association or its certificate of incorporation, and its bylaws, rules, and regulations governing the conduct of its business conform to the requirements of law, he THE COMMISSIONER shall issue a license specifying the kinds of insurance or subdivisions thereof for which the applicant is authorized to act as a rating organization. Every such application shall be granted or denied in whole or in part by the commissioner within sixty days of AFTER the date of its filing. with him. Licenses issued pursuant to this section shall remain in effect for three years unless sooner suspended or revoked by the commissioner. The fee for said license shall be twenty­five dollars; EXCEPT THAT THE COMMISSIONER BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSIONER BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 30.  10­6­107 (4), Colorado Revised Statutes, is amended to read:

10­6­107.  Formation and operation of captive insurance companies. (4) (a)  Each captive insurance company shall pay to the division of insurance a nonrefundable application fee of five hundred dollars in addition to any reasonable expenses to be paid pursuant to section 10­6­120. Each captive insurance company shall pay an annual license fee of five hundred dollars.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN PARAGRAPH (a) OF THIS SUBSECTION (4), THE COMMISSIONER BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSIONER BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 31.  10­12­104 (2), Colorado Revised Statutes, is amended to read:

10­12­104.  Fees ­ annual statement ­ tax. (2) (a)  Each agent, solicitor, special agent, or salaried representative soliciting business in this state shall be licensed by the division of insurance upon application of the association and shall be subject to the insurance licensing laws of the state. The fee for such THE initial license is five dollars, and the fee for filing each annual notice of intention to keep the agent's license in force is two dollars.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE COMMISSIONER BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSIONER BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 32.  10­15­103, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

10­15­103.  License procedure ­ records ­ examination of records. (6)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE COMMISSIONER BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSIONER BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 33.  10­16­110, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

10­16­110.  Fees paid by health coverage entities. (4)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE COMMISSIONER BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSIONER BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 34.  12­9­104 (2), Colorado Revised Statutes, is amended to read:

12­9­104.  Bingo­raffle license ­ fee. (2) (a)  The bingo­raffle licenses provided by this article shall be issued by the licensing authority to applicants qualified under this article upon payment of a fee of sixty­two dollars and fifty cents. The licenses shall expire at the end of the calendar year in which they were issued by the licensing authority and may be renewed by the licensing authority upon the filing of an application for renewal thereof provided by the licensing authority and the payment of the fee of sixty­two dollars and fifty cents for such renewal. No license granted under this article or any renewal thereof shall be transferable. The fees required to be paid for a new or renewal license shall be deposited in the department of state cash fund.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE SECRETARY OF STATE BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE SECRETARY OF STATE BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 35.  12­46­104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

12­46­104.  Licenses ­ state license fees ­ requirements. (1.5)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN SUBSECTION (1) OF THIS SECTION, THE STATE LICENSING AUTHORITY BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE STATE LICENSING AUTHORITY BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 36.  12­47­302 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

12­47­302.  License renewal. (2) (c)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE STATE LICENSING AUTHORITY BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE STATE LICENSING AUTHORITY BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 37.  12­47­501, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

12­47­501.  State fees. (1.5)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN SUBSECTION (1) OF THIS SECTION, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 38.  22­32­124 (2) (b), Colorado Revised Statutes, is amended to read:

22­32­124.  Building codes ­ zoning ­ planning. (2) (b)  If the division of labor conducts the necessary inspection to determine that a building or structure erected pursuant to subsection (1) of this section has been erected in conformity with the standards of the division of labor, it shall charge a fee of two hundred dollars for such inspection; EXCEPT THAT THE DIRECTOR OF THE DIVISION OF LABOR BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE DIRECTOR OF THE DIVISION OF LABOR BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S. Any fees collected by the division of labor pursuant to this paragraph (b) shall be transmitted to the state treasurer, who shall credit the same to the public safety inspection fund created pursuant to section 8­1­151, C.R.S.

SECTION 39.  24­21­104 (1), (3) (b), and (3) (h), Colorado Revised Statutes, are amended to read:

24­21­104.  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 which THAT may be done in his THE SECRETARY OF STATE'S office. He 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. to him. At the time of service of any subpoena upon him 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 24­9­104 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 forty­four 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 MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1) TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE SECRETARY OF STATE BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2).

(3) (b)  The department of state shall adjust its fees except fees charged pursuant to section 4­11­102, C.R.S., every two years so that the revenue generated from the fees approximates its direct and indirect costs. 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 24­21­104.5. Such fees shall remain in effect for the two subsequent fiscal years FISCAL YEAR following the adjustment. All fees collected by said department shall be transmitted to the state treasurer, except moneys collected pursuant to subparagraph (II) of paragraph (f) of this subsection (3), 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 24­9­105 (2).

(h)  Notwithstanding any provision of law to the contrary, the department of state shall charge a uniform fee in accordance with the schedule established in section 4­11­102, C.R.S., for filings and indexing made pursuant to sections 4­9­403 to 4­9­408, C.R.S.

SECTION 400  25­3­103 (1) and (2), Colorado Revised Statutes, are amended to read:

25­3­103.  License denial or revocation ­ provisional license. (1) (a)  Application for a new or renewal license under this part 1 may be denied to an applicant not meeting the requirements of this part 1 and the rules and regulations of the department of public health and environment. A license may be revoked for like reasons. The department of public health and environment may, upon such denial or revocation, grant a provisional license, valid for ninety days, upon payment of a fee of one hundred fifty dollars, to allow such applicant to comply with the requirements for a regular license. A second provisional license may be issued, for a like term and fee, if necessary in the opinion of the department of public health and environment, to effect compliance. No further provisional licenses may be issued for the then current year after the second issuance.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (1), THE STATE BOARD OF HEALTH BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE STATE BOARD OF HEALTH BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

(2)  Upon a finding of reasonable compliance by an applicant holding a provisional license, a regular license shall be issued upon receipt of the regular one­hundred­fifty­dollar fee LICENSE FEE ESTABLISHED PURSUANT TO SECTION 25­3­105.

SECTION 410  25­3­105 (1), Colorado Revised Statutes, is amended to read:

25­3­105.  License ­ fee ­ penalty ­ study and report ­ repeal. (1) (a)  All licenses shall be issued annually upon the payment of a fee of one hundred fifty dollars and may be revoked at any time by said board for any of the causes set forth in section 25­3­103 or for the failure of the holders thereof to comply with any of the rules and regulations of said board or to make the reports as provided for in section 25­3­104; and any person, partnership, association, company, or corporation opening, conducting, or maintaining any facility for the treatment and care of the sick or injured without having a provisional or regular license therefor is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (1), THE STATE BOARD OF HEALTH BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE STATE BOARD OF HEALTH BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 420  25­4­1606 (2), Colorado Revised Statutes, is amended to read:

25­4­1606.  Submission of plans ­ fees. (2) (a)  The single fee for plan review and preopening inspection of a new or remodeled retail food establishment shall be seventy­five dollars, payable at the time plans and specifications are submitted for review. Additional services requested by the retail food establishment shall be billed at a rate not to exceed the actual cost of those services.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE DEPARTMENT BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 430  25­4­1607, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

25­4­1607.  Administrative and inspectional fees. (3)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE DEPARTMENT BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 440  25­5­1004 (2), Colorado Revised Statutes, is amended to read:

25­5­1004.  Registration required ­ fee ­ artificial tanning device education fund ­ creation. (2) (a)  The registration of each artificial tanning facility as required in subsection (1) of this section shall be accompanied by an annual registration fee for each artificial tanning facility in the amount of one hundred twenty dollars for each calendar year. The annual registration fee shall be prorated on a monthly basis for any initial registration received after January 1 of any year.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE BOARD BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE BOARD BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 450  25­7­114.1 (6), Colorado Revised Statutes, is amended to read:

25­7­114.1.  Air pollutant emission notices (APEN). (6) (a)  The fee for filing an air pollutant emission notice or amendment thereto under this section shall be seventy­five dollars for fiscal year 1992­93 and one hundred dollars for fiscal year 1993­94 and thereafter. The moneys collected pursuant to this section shall be transmitted to the state treasurer who shall credit the same to the stationary sources control fund.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (6), THE COMMISSION BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSION BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 460  25­7­114.7 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

25­7­114.7.  Emission fees ­ fund. (2) (f)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SUBSECTION (2), THE COMMISSION BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSION BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 470  25­7­135 (2), Colorado Revised Statutes, is amended to read:

25­7­135.  Fee for new automobiles with air conditioners established ­ fund created. (2) (a)  On and after January 1, 1993, there shall be assessed upon the sale of any new automobile within the state of Colorado with an air conditioner which THAT uses an ozone depleting compound a fee in the amount of two dollars. Said fee shall be collected by the motor vehicle dealer at the time of sale of the motor vehicle. In accordance with regulations promulgated by the air quality control commission, all proceeds from the collection of such fee shall be remitted on a quarterly basis by the motor vehicle dealer to the executive director of the department of revenue and shall be accompanied by forms provided by the department of revenue. The executive director of the department of revenue shall transmit said fees to the state treasurer, who shall credit such moneys to the ozone protection fund created in subsection (1) of this section.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN THIS SUBSECTION (2), THE COMMISSION BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSION BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 480  25­8­502 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

25­8­502.  Application ­ definitions ­ fees ­ water quality control fund ­ public participation. (1) (d)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN PARAGRAPH (b) OR PARAGRAPH (b.5) OF THIS SUBSECTION (1), THE DIVISION BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE DIVISION BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 490  25­8­506 (2), Colorado Revised Statutes, is amended to read:

25­8­506.  Nuclear and radioactive wastes. (2) (a)  In such case the division shall issue a permit for the proposed activity, upon the payment of a fee of one thousand dollars. The division may include in such permit issued under this subsection (2) such reasonable terms and conditions as it may from time to time require to implement this section in a manner consistent with the purposes of this article. The terms or conditions which may be imposed shall include, without limitation, those with respect to duration of use or operation; monitoring; reporting; volume of discharge or disposal; treatment of wastes; and the deposit with the state treasurer of a bond, with or without surety as the division may in its discretion require, or other security, to assure that the permitted activities will be conducted in compliance with the terms and conditions of the permit, and that upon abandonment, cessation, or interruption of the permitted activities or facilities, appropriate measures will be taken to protect the waters of the state. Other than relief from provisions of this article to the extent specified in this subsection (2), no permit issued pursuant to this subsection (2) shall relieve any person of any duty or liability to the state or to any other person existing or arising under any statute or under common law.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE DIVISION BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE DIVISION BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 500  25­9­108, Colorado Revised Statutes, is amended to read:

25­9­108.  Fees. (1)  Each application for certification shall be accompanied by a fee in the amount of fifteen dollars which is not refundable and which will include the expenses for the first examination taken by the applicant. Examination fees in the amount of ten dollars shall be paid for each additional examination taken in any class. Reexamination fees in the amount of ten dollars will be paid for second and succeeding examinations in any class. Renewal fees in the amount of five dollars shall be paid prior to the issuance of a renewal certificate by the board. All moneys received by the board shall be deposited with the department of the treasury pursuant to the provisions of section 24­36­103, C.R.S.

(2)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN SUBSECTION (1) OF THIS SECTION, THE BOARD BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE BOARD BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 510  The introductory portion to 25­11­104 (8) (a) and 25­11­104 (8) (a) (III), Colorado Revised Statutes, are amended to read:

25­11­104.  Rules to be adopted ­ fees ­ fund created. (8) (a)  The state board of health shall adopt rules and regulations requiring that all machine sources of ionizing radiation which are used for therapeutic or diagnostic use on humans be annually inspected if owned, leased, under contract, or operated on behalf of a facility licensed or certified by section 25­1­107 (1) (l) (I) and (1) (l) (II), or a licensed osteopathic physician, a medical physician, or a chiropractic doctor, and every three years for all other machines used for human treatment or diagnosis and certified by qualified inspectors as safe for the intended uses and in compliance with the specifications of the state board of health and the equipment manufacturer. Such rules shall include the following:

(III)  The establishment of procedures for the making of inspections for all types of machines which THAT are sources of ionizing radiation. The procedures shall require that such machines be inspected only by a qualified inspector who shall record on a form provided by the department whether or not a machine being inspected meets the specifications of the manufacturer and the state board of health, and shall indicate the type of machine, the applicable specifications, and the machine specifications. If a machine meets the required specifications, a qualified inspector shall affix on the machine an official sticker issued by the department. If the machine fails to meet the required specifications, the qualified inspector shall notify the owner or operator immediately and shall so notify the department within three days. A machine which THAT fails to meet the required specifications and is determined to be unsafe for human use shall not be used thereafter for human use until subsequent certification, and the qualified inspector shall affix an official noncertification sticker issued by the department indicating such machine is not authorized for human use. A certification or noncertification sticker shall be affixed on each machine in a location conspicuous to machine operators and persons on whom the machine is used. A fee of thirty dollars shall be charged for each certification or noncertification sticker issued by the department; EXCEPT THAT THE STATE BOARD OF HEALTH BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE STATE BOARD OF HEALTH BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S. Such fee shall be credited to the radiation control fund.

SECTION 520  25­27­107, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

25­27­107.  License fee. (3)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN SUBSECTION (1) OF THIS SECTION, THE STATE BOARD BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE STATE BOARD BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 530  26­17­108 (1), Colorado Revised Statutes, is amended to read:

26­17­108.  Enrollment fee ­ children's health plan cash fund ­ state contribution ­ client copayment. (1) (a)  An annual enrollment fee of twenty­five dollars for each eligible child, not to exceed one hundred fifty dollars per family, is required from the family of each eligible person for children's health services. Enrollment fees shall be deposited in the children's health plan cash fund, which fund is hereby established. All moneys in the fund are subject to annual appropriation by the general assembly for the children's health plan. The administrator shall make an annual redetermination of continued eligibility and identify people who may become eligible for medical assistance. In the first year of operation, the state contribution shall be thirteen dollars per month or one hundred fifty­six dollars per year for enrollment of each eligible person. Subsequent increased state contributions shall be subject to approval by the general assembly. The administrator shall negotiate rates for covered services, subject to the approval of the board.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (1), THE ADMINISTRATOR BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE ADMINISTRATOR BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 540  The introductory portion to 33­4­102 (1), 33­4­102 (1.5) and (1.6), and the introductory portion to 33­4­102 (2), Colorado Revised Statutes, are amended to read:

33­4­102.  Types of licenses and fees ­ repeal. (1)  The division is authorized to issue the following resident and nonresident licenses and shall collect the following fees therefor, EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (1.6) OF THIS SECTION:

(1.5)  Effective January 1, 1992, the division is authorized to collect these fees for the following resident licenses, EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (1.6) OF THIS SECTION: Fishing ­ annual $20.00; small game hunting ­ $15.00; combination fishing and hunting ­ $30.00; senior annual fishing ­ $10.00; fishing ­ 5 days ­ $18.00.

(1.6)  By promulgation of appropriate rule, and regulation, the commission may from time to time authorize the issuance of any of the licenses provided for in this section for a fee less than that specified in this section when in the judgment of the commission one of the following conditions applies:

(a)  When the commission determines that it would be beneficial to issue such license in conjunction with another type of license and creates a combination license;

(b)  When the commission determines it is necessary to promote a larger harvest of game than would otherwise occur. Licenses so discounted in order to promote larger harvests of game may be limited to certain geographic areas, by sex, or otherwise limited in order to achieve specific wildlife management goals.

(c)  When the commission determines that an activity is regulated at both the state and federal levels and that issuance of a multi­year state license or collection of a reduced state annual license fee, or both, would help to coordinate such state and federal regulation and reflect the administrative cost savings realized through such coordination;

(d)  WHEN THE COMMISSION DETERMINES PURSUANT TO SECTION 24­75­403 (1), C.R.S., THAT A REDUCTION IN THE AMOUNT OF THE FEE IS NECESSARY TO REDUCE THE ENDING BALANCE IN THE CASH FUND TO WHICH THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSION BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

(2)  The division is authorized to issue the following special licenses and shall collect the following fees therefor, EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (1.6) OF THIS SECTION:

SECTION 550  33­4­102.5 (3), Colorado Revised Statutes, is amended to read:

33­4­102.5.  Issuance of migratory waterfowl stamp ­ prohibition against hunting without stamp. (3) (a)  The fee for each stamp shall be five dollars, and the stamp shall remain valid through the last day of June following its issuance. Each stamp shall be validated by the signature of the licensee written across the face of the stamp.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (3), THE COMMISSION BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSION BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 560  33­12­102 (1.2) (a), Colorado Revised Statutes, is amended to read:

33­12­102.  Types of passes and registrations ­ fees. (1.2) (a)  The fee for a transferable or nontransferable senior citizen's aspen leaf annual pass is ten dollars, effective January 1, 1992; EXCEPT THAT THE BOARD BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE BOARD BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 570  34­22­111, Colorado Revised Statutes, is amended to read:

34­22­111.  Certification fee. (1)  Each individual taking an examination for certification as required in section 34­22­105 shall pay to the office of active and inactive mines a fee of twenty­five dollars for any initial examination or subsequent examinations required because of the failure to receive a passing grade. Renewals of certificates of competency where required shall be at no cost to the individual holding a valid certificate.

(2)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN SUBSECTION (1) OF THIS SECTION, THE DIVISION BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE DIVISION BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 580  35­9­118 (3) (a), Colorado Revised Statutes, is amended to read:

35­9­118.  Powers and duties of the commissioner. (3) (a)  The commissioner shall promulgate rules, and regulations, pursuant to article 4 of title 24, C.R.S., to determine the annual registration fee for each pesticide registered. For the purpose of funding the groundwater protection fund created in section 25­8­205.5 (8), C.R.S., on and after January 1, 1991, any such fee shall include an increment of twenty dollars, which increment shall be collected by the commissioner and transmitted to the state treasurer, who shall credit the same to the groundwater protection fund; EXCEPT THAT THE COMMISSIONER BY RULE MAY REDUCE THE AMOUNT OF THE INCREMENT IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH THE INCREMENT IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSIONER BY RULE MAY INCREASE THE AMOUNT OF THE INCREMENT AS PROVIDED IN SECTION 24­75­403 (2), C.R.S. The remainder of the fee shall be credited to the pesticide fund as specified in this article. In the event that a pesticide product has been placed under a cease and desist order for nonregistration under the provisions of section 35­9­121, the registrant shall pay a penalty fee of one hundred dollars, in addition to any other penalty or sum assessed pursuant to this article.

SECTION 590  35­12­104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

35­12­104.  Registration. (1.5)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN SUBSECTION (1) OF THIS SECTION, THE COMMISSIONER BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSIONER BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 600  35­12­106, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

35­12­106.  Inspection fees. (8)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE COMMISSIONER BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSIONER BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 610  35­27­122 (2) (a), Colorado Revised Statutes, is amended to read:

35­27­122.  Arbitration council ­ procedures. (2) (a)  A buyer of seed shall request arbitration by filing a verified complaint with the commissioner together with a filing fee of ten dollars; EXCEPT THAT THE COMMISSIONER BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSIONER BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S. Such buyer shall serve a copy of the complaint upon the seller of such seed by certified mail or personal service. If the seed has been planted, the complaint shall be filed in time to allow inspection of the plants under field conditions.

SECTION 620  35­43­105 (1), Colorado Revised Statutes, is amended to read:

35­43­105.  Fee to record brands ­ unlawful use ­ penalty. (1) (a)  Any person, association, or corporation desiring to adopt any brand, not then being the recorded brand of another person, association, or corporation, shall forward to the state board of stock inspection commissioners a facsimile of the desired brand, together with a written application to adopt such brand, and shall accompany the same with a fee of twenty­five dollars. Upon receipt of such facsimile and fee, the state board of stock inspection commissioners shall record the same, unless such brand stands of record as that of some other person, association, or corporation or is in conflict with the same, in which case the state board of stock inspection commissioners shall not record the same but shall return such facsimile and fee to the party sending the same.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (1), THE BOARD BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE BOARD BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 630  35­43­109, Colorado Revised Statutes, is amended to read:

35­43­109.  Brands personal property ­ recording by board ­ effect. (1)  Any brand recorded shall be the property of the person, association, or corporation causing such record to be made and shall be subject to sale, assignment, transfer, devise, and descent as personal property. Instruments of writing evidencing the sale of such brand, assignment, or transfer shall be recorded by the state board of stock inspection commissioners, and the fee for recording such sale, assignment, or transfer shall be twenty­five dollars. The recording of such instruments of writing shall have the same force and effect as to third parties as the recording of instruments affecting real estate, and a certified copy of the record of any such instrument may be introduced in evidence the same as is provided for the certified copies of instruments affecting real estate.

(2)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN SUBSECTION (1) OF THIS SECTION, THE BOARD BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE BOARD BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 640  35­53­101 (2), Colorado Revised Statutes, is amended to read:

35­53­101.  Brand inspection tax ­ service charge ­ waiver permit. (2) (a)  When any individual, firm, association, partnership, or corporation, referred to in this article as "person", who owns or has had under his OR HER control by lease or grazing permit for not less than five years a headquarters ranch or farm and who moves any cattle, horses, or mules from such headquarters place to another grazing or feeding ground which is also owned by such person or which has been controlled by lease or by grazing permit for not less than five years by such person or when such person moves any cattle, horses, or mules from such grazing or feeding ground within this state to his OR HER headquarters ranch or farm in this state, such person, upon payment of a fee in the amount of twenty­five dollars, may apply to the state board of stock inspection commissioners for and may be granted a brand inspection fee waiver permit, irrespective of the fact such headquarters ranch or farm and such other grazing or feeding grounds exceed seventy­five miles from the point of origin provided for in section 35­53­105 (4) (f) or that said grazing or feeding grounds are outside this state. If such brand inspection fee waiver permit is granted by the state board of stock inspection commissioners, it shall entitle the permittee to move cattle, horses, and mules for grazing or feeding purposes, with no change of ownership involved, between such headquarters ranch or farm and such other grazing or feeding grounds, with no charge for brand inspection and no collection of a beef board fee. If such livestock are moved outside this state, the permittee shall guarantee that, if, for any reason, the livestock are not returned to the Colorado ranch or farm, the permittee will immediately pay the required brand inspection and beef board fee to the state board of stock inspection commissioners.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE STATE BOARD OF STOCK INSPECTION COMMISSIONERS BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE STATE BOARD OF STOCK INSPECTION COMMISSIONERS BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 650  36­20­113, Colorado Revised Statutes, is amended to read:

36­20­113.  Permit fee. (1)  The fee for each permit or the renewal thereof under section 36­20­114 shall be at least one hundred dollars. If the operation is a commercial project, the director shall set a fee that is sufficient to pay the direct costs of review of the permit application, public hearings regarding the application, and monitoring of permit operations under the provisions of this article. Said fees are intended to provide at least a portion of the moneys necessary to administer this article.

(2)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN SUBSECTION (1) OF THIS SECTION, THE DIRECTOR BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 660  37­81­104 (1), Colorado Revised Statutes, is amended to read:

37­81­104.  Fee for diversion ­ fund created. (1) (a)  To effectuate the purposes of this article, the general assembly hereby authorizes a fee of fifty dollars per acre­foot to be assessed and collected by the state engineer on water diverted, carried, stored, or transported in this state for beneficial use outside this state measured at the point of release from storage or at the point of diversion.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (1), THE STATE ENGINEER BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE STATE ENGINEER BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 670  37­90­105 (2), Colorado Revised Statutes, is amended to read:

37­90­105.  Small capacity wells. (2) (a)  A fee of sixty dollars shall accompany any application for a new well permit under this section. A fee of twenty dollars shall accompany any application for a replacement well of the type described in subsection (1) of this section.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN PARAGRAPH (a) OF THIS SUBSECTION (2), THE COMMISSION BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSION BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 680  37­90­107 (6), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

37­90­107.  Application for use of ground water ­ publication of notice ­ conditional permit ­ hearing on objections ­ well permits. (6) (g)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN PARAGRAPH (d) OF THIS SUBSECTION (6), THE COMMISSION BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSION BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 690  37­90­108, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

37­90­108.  Final permit ­ evidence of well construction and beneficial use ­ limitations. (7)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE COMMISSION BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSION BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 700  37­90­116, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

37­90­116.  Fees. (3)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN SUBSECTION (1) THIS SECTION, THE COMMISSION BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSION BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 710  37­90­137, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

37­90­137.  Permits to construct wells outside designated basins ­ fees ­ permit no ground water right ­ evidence ­ time limitation ­ well permits. (12)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE COMMISSION BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSION BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 720  37­92­302 (3) (c), Colorado Revised Statutes, is amended to read:

37­92­302.  Applications for water rights or changes of such rights ­ plans for augmentation. (3) (c) (I)  Not later than the end of such month, a copy of such resume shall be mailed by the referee or the water clerk to each person who the referee has reason to believe would be affected or who has requested the same by submitting his name and address to the water clerk. The water clerk shall maintain a mailing list of such names and addresses so submitted, and persons desiring to have their names and addresses retained on such list must resubmit the same by January 5. Persons who have not so resubmitted their names and addresses shall not be retained on such list, but they may submit their names and addresses at any time thereafter for inclusion on the list subject to the foregoing. In order to obtain a copy of a resume for a particular month, a person's name and address must be received not later than the fifth day of the month of publication of the resume. A fee of twelve dollars shall be payable for inclusion on the mailing list for a calendar year prorated at one dollar per month for a lesser period. A copy of the resume shall be furnished without charge to the state engineer and the appropriate division engineer.

(II)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (c), THE COMMISSION BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSION BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 730  37­92­401, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

37­92­401.  Biennial tabulations of priorities and decennial abandonment lists. (12)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE STATE ENGINEER BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE STATE ENGINEER BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 740  37­92­402, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

37­92­402.  Special procedures for the 1978 tabulation and abandonment list. (15)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE STATE ENGINEER BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE STATE ENGINEER BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 750  37­92­602, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

37­92­602.  Exemptions ­ presumptions ­ legislative declaration. (7)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE STATE ENGINEER BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE STATE ENGINEER BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 760  39­11­114 (3), Colorado Revised Statutes, is amended to read:

39­11­114.  Record of sales of tax liens on real estate and mobile homes. (3) (a)  Upon recordation of the tax sale, the treasurer shall also make a separate list of all mobile homes for which tax liens are sold at the sale and file such list with the motor vehicle division of the department of revenue. Such list shall include the mobile home's identification number, year and make, parcel number, and all pertinent tax sale information. For maintaining this recorded tax sale information on mobile homes, the executive director of the department of revenue may impose a fee of five dollars which shall become part of the mobile home tax sale redemption cost.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN THIS SECTION, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 770  39­22­514, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

39­22­514.  Tax credit for qualified costs incurred in preservation of historic properties. (11.5)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE EXECUTIVE DIRECTOR BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 780  39­26­103, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

39­26­103.  Licenses ­ fee ­ revocation. (10)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE EXECUTIVE DIRECTOR BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 790  39­27­204 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

39­27­204.  Licenses ­ deposits ­ exception. (1) (f)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SUBSECTION (1), THE EXECUTIVE DIRECTOR BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 800  40­2­110.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

40­2­110.5.  Annual fees ­ motor carriers. (8)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE COMMISSION BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSION BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 810  40­10­109, Colorado Revised Statutes, is amended to read:

40­10­109.  Filing and issuance fees for certificates. (1)  The commission shall collect from all motor vehicle carriers the following fees: Filing fee for application for certificate of public convenience and necessity to operate in intrastate commerce, thirty­five dollars; filing fee for application to register interstate operating rights as set out in section 40­10­120, fifteen dollars; filing fee for transfer or lease of a certificate of public convenience and necessity in intrastate commerce, thirty­five dollars; and filing fee for transfer of a registration of interstate operating rights, five dollars. In addition, the commission shall charge a fee of five dollars for issuing a certificate of public convenience and necessity in intrastate commerce or a registration in interstate commerce, or both. All fees collected under this section shall be transmitted to the state treasurer, who shall credit the same to the public utilities commission motor carrier fund.

(2)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN SUBSECTION (1) OF THIS SECTION, THE COMMISSION BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSION BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 820  40­11­108, Colorado Revised Statutes, is amended to read:

40­11­108.  Filing fees and issuance fees for permits. (1)  The commission shall collect from all contract carriers by motor vehicle the following fees: Filing fee for application for a permit in intrastate commerce, thirty­five dollars; filing fee for application to register interstate operating rights as set out in section 40­11­115, fifteen dollars; filing fee for application to transfer or lease a permit authorizing intrastate commerce, thirty­five dollars; filing fee for application to transfer a registration of interstate operating rights, five dollars. In addition, the commission shall collect a fee of five dollars for issuing a permit or a registration in interstate commerce, or both. All fees collected under this section shall be transmitted to the state treasurer, who shall credit the same to the public utilities commission motor carrier fund.

(2)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN SUBSECTION (1) OF THIS SECTION, THE COMMISSION BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSION BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 830  40­13­104, Colorado Revised Statutes, is amended to read:

40­13­104.  Requirements for issuance of permit. (1)  Application for a permit under this article shall be made to the commission in such form and with such information, including rates and charges, as the commission may require, accompanied by a fee of ten dollars and by satisfactory evidence of insurance or bond as required by section 40­13­105.

(2)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN SUBSECTION (1) OF THIS SECTION, THE COMMISSION BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSION BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 840  40­16­110, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

40­16­110.  Legislative declaration ­ federal preemption ­ property carriers to surrender certificates and permits ­ issuance by ports of entry. (6)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE COMMISSION BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE COMMISSION BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 850  42­1­206, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

42­1­206.  Records open to inspection ­ furnishing of copies. (4)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 860  42­2­107, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

42­2­107.  Application for license or instruction permit ­ anatomical gifts ­ donations to organ and tissue donation awareness fund ­ legislative declaration. (6)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 870  42­2­114, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

42­2­114.  License issued ­ fees. (9)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 880  42­2­117, Colorado Revised Statutes, is amended to read:

42­2­117.  Duplicate permits and licenses. (1)  In the event that an instruction permit or a driver's license issued under the provisions of this article is lost, stolen, or destroyed, the person to whom the same was issued, upon request and the payment of a fee of five dollars for the first duplicate and ten dollars for any subsequent duplicate to the department, may obtain a duplicate or substitute therefor upon furnishing satisfactory proof to the department that such permit or license had been lost, stolen, or destroyed and that the applicant is qualified to have such a license.

(2)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN THIS SECTION, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 89.  42­2­118, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

42­2­118.  Renewal of license in person or by mail ­ donations to organ and tissue donation awareness fund. (4)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 90.  42­2­126.1 (2.5), Colorado Revised Statutes, is amended to read:

42­2­126.1.  Probationary licenses for persons convicted of alcohol­related driving offenses ­ ignition interlock devices ­ fees ­ interlock fund ­ violations of probationary license ­ repeal. (2.5) (a)  The leasing agency for any approved ignition interlock device shall remit a filing fee in the amount of thirty­three dollars for each person leasing a device to cover program start­up and operational costs incurred by the department of revenue and the department of public health and environment. The leasing agency shall remit the fees to the state treasurer, who shall credit the fees to the interlock fund, which fund is hereby created. Any federal grant moneys received for purposes of supporting this pilot program also shall be remitted to the interlock fund. The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs of the administration of this section. Any interest received from the deposit and investment of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund on July 1, 2000, shall be transferred to the highway users tax fund created pursuant to section 43­4­201, C.R.S.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN THIS SECTION, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 91.  42­2­127.7 (4) (d) (II), Colorado Revised Statutes, is amended to read:

42­2­127.7.  Authority to suspend license ­ uninsured motorists ­ legislative declaration. (4) (d) (II) (A)  The person whose driver's license was taken possession of by a law enforcement officer pursuant to this section may obtain such license by the payment of a fee of five dollars to the department.

(B)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN SUB­SUBPARAGRAPH (A) OF THIS SUBPARAGRAPH (II), THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 92.  42­2­132 (4) (a), Colorado Revised Statutes, is amended to read:

42­2­132.  Period of suspension or revocation. (4) (a) (I)  Any person whose license or other privilege to operate a motor vehicle in this state has been suspended, cancelled, or revoked, pursuant to either this article or article 4 or 7 of this title, shall pay a restoration fee of forty dollars to the executive director of the department prior to the issuance to such person of a new license or the restoration of such license or privilege.

(II)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN THIS PARAGRAPH (a), THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 93.  42­2­406, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

42­2­406.  Fees. (7)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 94.  42­3­107, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

42­3­107.  Taxable value of classes of property ­ rate of tax ­ when and where payable ­ department duties ­ apportionment of tax collections. (25)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 95.  42­3­114, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

42­3­114.  Issuance of personalized plates authorized. (11)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 96.  42­3­115 (4), Colorado Revised Statutes, is amended to read:

42­3­115.  Issuance of optional plates authorized. (4) (a)  The amount of the taxes and fees for such license plates shall be the same as the amount of the taxes and fees specified for regular motor vehicle plates plus an additional annual fee of twenty­five dollars. Such additional fee shall be transmitted to the state treasurer, who shall credit the same to the highway users tax fund.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (4), THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF THE ADDITIONAL FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE ADDITIONAL FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF THE ADDITIONAL FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 97.  42­3­115.5 (1) (c), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:

42­3­115.5.  Special plates ­ military veterans ­ rules. (1) (c) (III)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS PARAGRAPH (c), THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 98.  42­3­117 (5), Colorado Revised Statutes, is amended to read:

42­3­117.  Special plates ­ active and retired members of the Colorado national guard. (5) (a)  The amount of taxes and fees for such special license plates shall be the same as the amount of taxes and fees specified for regular motor vehicle registration plus an additional one­time fee of ten dollars. Such additional fee shall be transmitted to the state treasurer, who shall credit the same to the highway users tax fund.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (5), THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF THE ADDITIONAL FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE ADDITIONAL FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF THE ADDITIONAL FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 99.  42­3­124, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

42­3­124.  Expiration ­ temporary, new, and old plates, ­ reflectorized plates. (5)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 100.  42­3­127 (4), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

42­3­127.  Manufacturers or dealers. (4) (c)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN THIS SUBSECTION (4), THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 101.  42­3­134, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

42­3­134.  Registration fees ­ passenger and passenger­mile taxes. (30)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 102.  42­3­138 (4), Colorado Revised Statutes, is amended to read:

42­3­138.  Special registration of collectors' items. (4) (a)  The fee for issuing such registration and special registration plate or tab shall be five dollars for each five­year period or fractional part thereof. In addition to said five­dollar registration fee, the executive director of the department shall collect the one dollar and fifty cent annual specific ownership fee provided by law for each year of registration. This fee shall be collected for the number of years remaining at the time of registration and issuance or renewal of said registration.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN PARAGRAPH (a) OF THIS SUBSECTION (4), THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 103.  42­3­144, Colorado Revised Statutes, is amended to read:

42­3­144.  Motorized bicycle registration ­ fee. (1)  Every motorized bicycle sold in this state shall have an identification number stamped on its frame which shall be recorded upon registration. Motorized bicycles shall be registered with the department, and such registration shall be evidenced by a decal which is securely affixed to the motorized bicycle frame in a conspicuous place. Registration shall be valid for a period of three years, and the fee for such registration shall be five dollars. Retail sellers of motorized bicycles shall retain one dollar from each such fee, and four dollars of each such fee shall be forwarded monthly to the department for deposit in the state treasury to the credit of the highway users tax fund. The general assembly shall make appropriations from the highway users tax fund for the expenses of the administration of this section. The department shall promulgate regulations providing that retail sellers of motorized bicycles may be agents of the department for such registration.

(2)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN SUBSECTION (1) OF THIS SECTION, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 104.  42­4­305 (1), Colorado Revised Statutes, is amended to read:

42­4­305.  Powers and duties of executive director ­ automobile inspection and readjustment program ­ basic emissions program ­ enhanced emissions program. (1) (a)  The executive director is authorized to issue, deny, cancel, suspend, or revoke licenses for, and shall furnish instructions to, inspection and readjustment stations, inspection­only facilities, fleet inspection stations, motor vehicle dealer test facilities, and enhanced inspection centers. The executive director shall provide all necessary forms for inspection and readjustment stations, inspection­only facilities, and fleet inspection stations. Motor vehicle dealer test facilities and enhanced inspection centers shall purchase necessary inspection forms from the vendor or vendors identified by the executive director. Said inspection and readjustment stations, inspection­only facilities, fleet inspection stations, motor vehicle dealer test facilities, and enhanced inspection centers shall be responsible for the issuance of certifications of emissions control. The executive director is authorized to furnish forms and instructions and issue or deny licenses to, or cancel, suspend, or revoke licenses of, emissions inspectors and emissions mechanics. The initial biennial fee for an inspection and readjustment station license, an inspection­only facility license, a fleet inspection station license, a motor vehicle dealer test facility license, and an enhanced inspection center authorization shall be thirty­five dollars, and the biennial renewal fee shall be twenty dollars. The initial biennial fee for issuance of an emissions inspector license or an emissions mechanic license shall be fifteen dollars, and the biennial renewal fee shall be ten dollars. The fee for each transfer of an emissions inspector license or an emissions mechanic license shall be ten dollars. The moneys received from such fees shall be deposited to the credit of the AIR account in the highway users tax fund, and such moneys shall be expended by the department of revenue only for the administration of the inspection and readjustment program upon appropriation by the general assembly.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN PARAGRAPH (a) OF THIS SUBSECTION (1), THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 105.  42­4­505 (1), Colorado Revised Statutes, is amended to read:

42­4­505.  Longer vehicle combinations. (1) (a)  Notwithstanding any other provision of this article to the contrary, the department of transportation, in the exercise of its discretion, may issue permits for the use of longer vehicle combinations. An annual permit for such use may be issued to each qualified carrier company. The carrier company shall maintain a copy of such annual permit in each vehicle operating as a longer vehicle combination. The fee for the permit shall be two hundred fifty dollars per year.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (1), THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 106.  42­5­204 (1), Colorado Revised Statutes, is amended to read:

42­5­204.  Inspection fees ­ vehicle number inspection funds. (1) (a)  A fee of twenty dollars shall be charged for each inspection performed pursuant to this part 2. Upon payment of the fee, the owner of the vehicle or commercial vehicle inspected shall be issued a receipt as evidence of payment.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (1), THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 107.  42­6­137 (6), Colorado Revised Statutes, is amended to read:

42­6­137.  Fees. (6) (a)  Upon filing with the director any application for a certificate of title, a motor vehicle dealer who applies to receive a certificate of title within one working day of application shall pay to said director a fee of twenty­five dollars.

(b)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR THE FEE IN PARAGRAPH (a) OF THIS SUBSECTION (6), THE DIRECTOR BY RULE MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 108.  42­12­102, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

42­12­102.  Registration of collectors= items. (3)  NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN SUBSECTION (1) OF THIS SECTION, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE BY RULE MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 24­75­403 (1), C.R.S., TO REDUCE THE ENDING BALANCE OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEES ARE CREDITED. AFTER THE ENDING BALANCE OF THE FUND IS SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 24­75­403 (2), C.R.S.

SECTION 109.  Effective date ­ applicability.  This act shall take effect July 1, 1998, and shall apply to fiscal years beginning on or after said date; except that section 24­75­402, Colorado Revised Statutes, as enacted in section 1 of this act, shall apply to fiscal years beginning on or after July 1, 1999.

SECTION 110.  Safety clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.