BY SENATORS Rizzuto, Lacy, Blickensderfer, Hernandez, Hopper, Johnson, Martinez, Mutzebaugh, Norton, Perlmutter, Reeves, Schroeder, Tebedo, Weddig, Phillips, Wattenberg, Wells, and Wham;
also REPRESENTATIVES Grampsas, Owen, Romero, Allen,
Dean, George, Gotlieb, Hagedorn, Kaufman, Mace, Miller, Salaz,
Spradley, Sullivant, Taylor, T. Williams, Young, and Zimmerman.
CONCERNING CASH FUNDS OF THE STATE, AND MAKING APPROPRIATIONS
IN CONNECTION THEREWITH.
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 A NEW SECTION to read:
2475402. Cash funds
limit on uncommitted reserves reduction in amount of fees
exclusions. (1) THE
GENERAL ASSEMBLY HEREBY FINDS THAT:
(a) SECTION 20 OF ARTICLE X OF THE STATE
CONSTITUTION LIMITS STATE FISCAL YEAR SPENDING;
(b) SUBJECT TO CERTAIN EXCLUSIONS SPECIFIED
IN SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, ALL STATE
GENERAL FUND REVENUES AND ALL STATE CASH FUND REVENUES ARE SUBJECT
TO THE LIMITATION ON STATE FISCAL YEAR SPENDING;
(c) THE LEGISLATIVE POWERS OF THE GENERAL
ASSEMBLY, INCLUDING BUT NOT LIMITED TO ITS PLENARY POWER OF APPROPRIATION,
AUTHORIZE AND REQUIRE THE GENERAL ASSEMBLY TO ASSURE COMPLIANCE
WITH THE LIMITATION ON STATE FISCAL YEAR SPENDING AND TO MAKE
FUNDAMENTAL FISCAL POLICY DECISIONS ESTABLISHING THE LEVEL OF
ACTIVITY OF ALL DEPARTMENTS AND AGENCIES OF STATE GOVERNMENT,
INCLUDING THOSE FUNDED BY REVENUES GENERATED FROM FEES;
(d) CONSONANT WITH THE EXERCISE OF SUCH
LEGISLATIVE POWERS, THE GENERAL ASSEMBLY MUST ESTABLISH LIMITS
ON THE AMOUNT OF UNCOMMITTED RESERVES THAT MAY BE MAINTAINED BY
STATE AGENCIES FOR CASH FUNDS AND EXERCISE ANY OTHER NECESSARY
CONTROLS ON CASH FUND REVENUES, INCLUDING BUT NOT LIMITED TO THE
POWER OF APPROPRIATION;
(e) IN ORDER TO ENSURE COMPLIANCE WITH
THE LIMITATIONS ON THE AMOUNT OF UNCOMMITTED RESERVES THAT MAY
BE MAINTAINED FOR ANY CASH FUND, THE GENERAL ASSEMBLY MAY REQUIRE
REDUCTIONS IN THE AMOUNT OF FEES COLLECTED BY STATE AGENCIES,
EVEN THOUGH SUCH REDUCTIONS MAY RESULT IN SOME PERSONS PAYING
MORE THAN OTHER PERSONS TO RECEIVE STATE AGENCY SERVICES.
(2) FOR PURPOSES OF THIS SECTION, UNLESS
THE CONTEXT OTHERWISE REQUIRES:
(a) "ALTERNATIVE RESERVE BALANCE"
MEANS A MINIMUM RESERVE BALANCE THAT EXCEEDS THE TARGET RESERVE,
A MAXIMUM RESERVE BALANCE THAT IS LESS THAN THE TARGET RESERVE,
OR A MAXIMUM RESERVE BALANCE THAT EXCEEDS THE TARGET RESERVE.
(b) "CASH FUND" MEANS ANY FUND,
OTHER THAN THE STATE GENERAL FUND CREATED BY SECTION 2475201
AND ANY FEDERAL FUND, ESTABLISHED BY LAW FOR A SPECIFIC PROGRAM
OR PURPOSE.
(c) (I) "ENTITY" MEANS ANY ORGAN
OF THE LEGISLATIVE, EXECUTIVE, OR JUDICIAL BRANCH OF THE GOVERNMENT
OF THE STATE OF COLORADO, INCLUDING BUT NOT LIMITED TO:
(A) THE DEPARTMENTS OF THE EXECUTIVE BRANCH;
(B) THE LEGISLATIVE HOUSES AND AGENCIES;
(C) THE APPELLATE AND TRIAL COURTS AND COURT PERSONNEL; AND
(D) STATE INSTITUTIONS OF HIGHER EDUCATION.
(II) "ENTITY" DOES NOT INCLUDE
ANY ENTERPRISE, AS DEFINED IN SECTION 2477102 (3),
OR ANY SPECIAL PURPOSE AUTHORITY.
(d) "EXCESS UNCOMMITTED RESERVES"
MEANS THE AMOUNT OF UNCOMMITTED RESERVES FOR A CASH FUND THAT
EXCEEDS THE TARGET RESERVE AMOUNT FOR THAT CASH FUND.
(e) "FEES" MEANS ANY MONEYS
COLLECTED BY AN ENTITY; EXCEPT THAT "FEES" DOES NOT
INCLUDE:
(I) ANY MONEYS COLLECTED FROM SOURCES
EXCLUDED FROM STATE FISCAL YEAR SPENDING, AS DEFINED IN SECTION
2477102 (17);
(II) ANY MONEYS RECEIVED THROUGH THE IMPOSITION
OF PENALTIES OR FINES OR SURCHARGES IMPOSED ON ANY PERSON CONVICTED
OF A CRIME;
(III) ANY MONEYS APPROPRIATED FROM THE
STATE GENERAL FUND;
(IV) ANY MONEYS RECEIVED THROUGH THE IMPOSITION
OF TAXES;
(V) ANY MONEYS RECEIVED FROM CHARGES OR
ASSESSMENTS, THE AMOUNT OF WHICH ARE NOT DETERMINED BY THE ENTITY;
(VI) ANY MONEYS RECEIVED FROM GIFTS OR
DONATIONS;
(VII) ANY MONEYS RECEIVED FROM LOCAL GOVERNMENT
GRANTS OR CONTRACTS;
(VIII) ANY MONEYS RECEIVED THROUGH DIRECT
TRANSFERS FROM ANOTHER ENTITY, AN ENTERPRISE, OR A SPECIAL PURPOSE
AUTHORITY;
(IX) ANY MONEYS RECEIVED AS INTEREST OR
OTHER INVESTMENT INCOME.
(f) "NONMONETARY CURRENT ASSET"
MEANS AN ASSET THAT EITHER CANNOT BE CONVERTED TO CASH OR IS HELD
WITH THE INTENT OF BEING USED RATHER THAN BEING CONVERTED TO CASH.
(g) "TARGET RESERVE" MEANS SIXTEEN
AND FIVETENTHS PERCENT OF THE AMOUNT EXPENDED FROM A CASH
FUND DURING THE FISCAL YEAR.
(h) "UNCOMMITTED RESERVES" MEANS
THE FUND BALANCE OF A CASH FUND AS OF JUNE 30 OF ANY FISCAL YEAR,
MINUS THE FOLLOWING:
(I) ANY LONGTERM ASSETS CREDITED
TO THE CASH FUND;
(II) ANY UNENCUMBERED FUND BALANCE PREVIOUSLY
APPROPRIATED FOR CAPITAL CONSTRUCTION OR OTHER MULTIYEAR PURPOSES;
(III) ANY NONMONETARY CURRENT ASSETS CREDITED
TO THE CASH FUND, INCLUDING BUT NOT LIMITED TO CONSUMABLE INVENTORY
AND PREPAID EXPENSES;
(IV) ANY PORTION OF THE REVENUES CREDITED
TO THE CASH FUND THAT IS ESTIMATED TO BE DERIVED FROM NONFEE
SOURCES. THE ESTIMATE SHALL BE EQUAL TO THE PORTION OF TOTAL
REVENUES RECEIVED FROM NONFEE SOURCES IN THE PRIOR FISCAL
YEAR.
(3) (a) AT THE END OF THE 199798
FISCAL YEAR, IF THE UNCOMMITTED RESERVES OF A CASH FUND EXCEED
THE TARGET RESERVE, EACH ENTITY THAT COLLECTS ONE OR MORE OF THE
FEES DEPOSITED IN THE CASH FUND SHALL BY RULE OR AS OTHERWISE
PROVIDED BY LAW REDUCE THE AMOUNT OF SAID FEES AS FOLLOWS:
(I) IF THE UNCOMMITTED RESERVES EXCEED
SIXTEEN AND FIVETENTHS PERCENT OF THE AMOUNT EXPENDED FROM
THE CASH FUND DURING THE 199798 FISCAL YEAR BUT ARE LESS
THAN FIFTY PERCENT OF THE AMOUNT EXPENDED FROM THE CASH FUND DURING
THE 199798 FISCAL YEAR, THE FEES SHALL BE REDUCED BY AN
AMOUNT CALCULATED TO RESULT IN AN AMOUNT OF UNCOMMITTED RESERVES
BY THE END OF THE 200001 FISCAL YEAR THAT DOES NOT EXCEED
THE TARGET RESERVE FOR THE 200001 FISCAL YEAR;
(II) IF THE UNCOMMITTED RESERVES EQUAL
FIFTY PERCENT OR MORE OF THE AMOUNT EXPENDED FROM THE CASH FUND
DURING THE 199798 FISCAL YEAR, THE FEES SHALL BE REDUCED
BY AN AMOUNT CALCULATED TO RESULT IN AN AMOUNT OF UNCOMMITTED
RESERVES BY THE END OF THE 200203 FISCAL YEAR THAT DOES
NOT EXCEED THE TARGET RESERVE FOR THE 200203 FISCAL YEAR.
(b) NOTWITHSTANDING ANY PROVISIONS OF
THIS SUBSECTION (3) TO THE CONTRARY, THE PROVISIONS OF PARAGRAPH
(a) OF THIS SUBSECTION (3) SHALL NOT APPLY TO ANY CASH FUND FOR
WHICH AN ALTERNATIVE RESERVE BALANCE IS SPECIFIED IN THE CONSTITUTION
OR FOR WHICH AN ALTERNATIVE RESERVE BALANCE IS OTHERWISE ESTABLISHED
BY LAW. IF THE ACTUAL AMOUNT OF UNCOMMITTED RESERVES EXCEEDS
THE ALTERNATIVE RESERVE BALANCE OTHERWISE SPECIFIED FOR ANY CASH
FUND, EACH ENTITY THAT COLLECTS ONE OR MORE OF THE FEES DEPOSITED
IN THE CASH FUND SHALL BY RULE OR AS OTHERWISE PROVIDED BY LAW
REDUCE THE AMOUNT OF SAID FEES. THE AMOUNT OF FEE REDUCTION SHALL
BE CALCULATED TO REDUCE THE UNCOMMITTED RESERVES TO NOT MORE THAN
THE ALTERNATIVE RESERVE BALANCE OTHERWISE SPECIFIED FOR THE CASH
FUND BY THE END OF THE 200001 FISCAL YEAR.
(c) FOR THE 200203 FISCAL YEAR AND
FOR EACH FISCAL YEAR THEREAFTER, THE UNCOMMITTED RESERVES OF ANY
CASH FUND AT THE CONCLUSION OF ANY GIVEN FISCAL YEAR SHALL NOT
EXCEED THE TARGET RESERVE FOR THAT FISCAL YEAR; EXCEPT THAT, FOR
ANY CASH FUND FOR WHICH AN ALTERNATIVE RESERVE BALANCE IS OTHERWISE
SPECIFIED IN THE CONSTITUTION OR BY LAW, THE UNCOMMITTED RESERVES
OF SAID CASH FUND SHALL NOT EXCEED THE ALTERNATIVE RESERVE BALANCE
OTHERWISE SPECIFIED. IF THE AMOUNT OF UNCOMMITTED RESERVES OF
ANY CASH FUND AT THE CONCLUSION OF ANY GIVEN FISCAL YEAR EXCEEDS
THE TARGET RESERVE OR AN ALTERNATIVE RESERVE BALANCE OTHERWISE
SPECIFIED FOR THE CASH FUND IN THE CONSTITUTION OR BY LAW, EACH
ENTITY THAT COLLECTS ONE OR MORE OF THE FEES DEPOSITED IN THE
CASH FUND SHALL BY RULE OR AS OTHERWISE PROVIDED BY LAW REDUCE
THE AMOUNT OF ONE OR MORE OF SAID FEES TO AN AMOUNT CALCULATED
TO RESULT IN AN AMOUNT OF UNCOMMITTED RESERVES OF THE CASH FUND
FOR THE CURRENT FISCAL YEAR THAT DOES NOT EXCEED THE TARGET RESERVE
OR THE ALTERNATIVE RESERVE BALANCE OTHERWISE SPECIFIED FOR THE
CASH FUND IN THE CONSTITUTION OR BY LAW.
(d) IF MORE THAN ONE ENTITY COLLECTS THE
FEES THAT ARE DEPOSITED IN A CASH FUND AND THE AMOUNT OF SAID
FEES ARE REQUIRED TO BE REDUCED PURSUANT TO THIS SUBSECTION (3),
THE REDUCTION IN FEES FOR EACH ENTITY SHALL BE PROPORTIONAL TO
THE AMOUNT OF FEES CONTRIBUTED BY EACH ENTITY TO THE EXCESS UNCOMMITTED
RESERVES.
(e) IN CALCULATING THE REDUCTION IN FEES
UNDER THIS SUBSECTION (3), AN ENTITY MAY TAKE INTO ACCOUNT INCREASES
IN EXPENDITURES FROM THE CASH FUND.
(4) (a) IF AN ENTITY REDUCES THE
AMOUNT OF A FEE PURSUANT TO SUBSECTION (3) OF THIS SECTION, THE
ENTITY BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY SUBSEQUENTLY
RAISE THE AMOUNT OF THE FEE SO LONG AS THE PROJECTED AMOUNT OF
UNCOMMITTED RESERVES OF THE CASH FUND DOES NOT EXCEED THE LIMITATIONS
SPECIFIED IN SUBSECTION (3) OF THIS SECTION. ANY SUCH FEE INCREASE
BY AN ENTITY IN THE EXECUTIVE BRANCH, PRIOR TO PROMULGATION OR
ADOPTION, SHALL BE SUBJECT TO APPROVAL BY THE OFFICE OF STATE
PLANNING AND BUDGETING. THE ENTITY SHALL NOT INCREASE THE FEE
BEYOND ANY AMOUNT SPECIFIED IN STATUTE FOR THE FEE.
(b) ANY RULE ADOPTED BY AN ENTITY IN THE
EXECUTIVE BRANCH THAT REDUCES THE AMOUNT OF A FEE PURSUANT TO
SUBSECTION (3) OF THIS SECTION OR INCREASES THE AMOUNT OF A FEE
PURSUANT TO THIS SUBSECTION (4) SHALL BE SUBJECT TO THE REQUIREMENTS
OF THE "STATE ADMINISTRATIVE PROCEDURE ACT", ARTICLE
4 OF THIS TITLE.
(5) NOTWITHSTANDING ANY PROVISION OF THIS
SECTION TO THE CONTRARY, THE FOLLOWING CASH FUNDS ARE EXCLUDED
FROM THE LIMITATIONS SPECIFIED IN THIS SECTION:
(a) ANY CASH FUND FOR WHICH REVENUES ARE
DERIVED SOLELY FROM FEES, THE AMOUNTS OF WHICH ARE ESTABLISHED
BY THE FEDERAL GOVERNMENT;
(b) ANY CASH FUND FOR WHICH REVENUES ARE
DERIVED SOLELY FROM FEES SET BY THE COLORADO SUPREME COURT IN
THE EXERCISE OF ITS EXCLUSIVE AUTHORITY TO REGULATE THE PRACTICE
OF LAW;
(c) ANY CASH FUND FOR WHICH REVENUES ARE
DERIVED SOLELY FROM FEES SET BY AN ENTERPRISE, AS DEFINED IN SECTION
2477102 (3), OR A SPECIAL PURPOSE AUTHORITY;
(d) ANY CASH FUND THAT IS ESTABLISHED
TO FUND CAPITAL CONSTRUCTION;
(e) ANY CASH FUND FOR WHICH THE RESERVE
AMOUNTS ARE BASED ON ACTUARIAL REQUIREMENTS;
(f) ANY TRUST FUND;
(g) ANY CASH FUND WITH UNCOMMITTED RESERVES
OF LESS THAN FIFTY THOUSAND DOLLARS;
(h) THE HIGHWAY USERS' TAX FUND AND THE
STATE HIGHWAY FUND; EXCEPT THAT THE EMERGENCY MEDICAL SERVICES
ACCOUNT CREATED IN SECTION 253.5603, C.R.S., THE DISTRIBUTED
DATA PROCESSING SYSTEM SPECIAL PURPOSE ACCOUNT CREATED IN SECTION
421211 (2), C.R.S., AND THE AIR ACCOUNT CREATED IN
SECTION 423134 (26), C.R.S., INCLUDED IN THE HIGHWAY
USERS' TAX FUND SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION;
(i) THE PETROLEUM STORAGE TANK FUND CREATED
IN SECTION 820.5103, C.R.S.;
(j) THE HAZARDOUS SUBSTANCE RESPONSE FUND
CREATED IN SECTION 2516104.6, C.R.S.;
(k) THE LAND AND WATER MANAGEMENT FUND
CREATED IN SECTION 361148, C.R.S.;
(l) THE BRAND INSPECTION FUND CREATED
IN SECTION 3541102, C.R.S.;
(m) THE COLORADO STATE FAIR AUTHORITY
CASH FUND CREATED IN SECTION 3565107, C.R.S.
(6) NOTWITHSTANDING ANY PROVISION OF THIS
SECTION TO THE CONTRARY, THE LIMITATIONS SPECIFIED IN THIS SECTION
SHALL NOT APPLY TO ANY CASH FUND USED TO FUND A SINGLE PROGRAM
IF THE PROGRAM HAS BEEN IN EXISTENCE LESS THAN TWO FULL FISCAL
YEARS.
(7) THE OFFICE OF STATE PLANNING AND BUDGETING
SHALL ANNUALLY REVIEW THE TOTAL AMOUNT OF REVENUES CREDITED TO
CASH FUNDS, INCLUDING BUT NOT LIMITED TO THE AMOUNTS RECEIVED
FROM FEES AND FROM OTHER SOURCES, AND THE REPORT OF UNCOMMITTED
RESERVES PREPARED BY THE STATE CONTROLLER PURSUANT TO SECTION
2430207 (3).
(8) (a) NOTWITHSTANDING THE TARGET RESERVE LIMITATION IMPOSED PURSUANT TO PARAGRAPH (C) OF SUBSECTION (3) OF THIS SECTION, FOR FISCAL YEARS BEGINNING ON OR AFTER JULY 1, 2002, THE GENERAL ASSEMBLY MAY GRANT A WAIVER OF THE TARGET RESERVE REQUIREMENT SPECIFIED IN SUBSECTION (3) OF THIS SECTION FOR AN ENTITY THAT DEMONSTRATES A SPECIFIC PURPOSE FOR WHICH THE ENTITY NEEDS TO MAINTAIN UNCOMMITTED RESERVES IN AN AMOUNT GREATER THAN THE TARGET RESERVE FOR A SPECIFIED, LIMITED PERIOD OF TIME. A SPECIFIC PURPOSE THAT MAY WARRANT A WAIVER PURSUANT TO THIS SUBSECTION (8) INCLUDES, BUT IS NOT LIMITED TO, PURCHASE OF A PARTICULAR ITEM OF EQUIPMENT OR OPERATION OF A SHORTTERM PROGRAM.
(b) TO REQUEST A WAIVER PURSUANT TO THIS
SUBSECTION (8), AN ENTITY, DURING THE ANNUAL BUDGETSETTING
PROCESS, SHALL PRESENT A PLAN TO THE JOINT BUDGET COMMITTEE THAT
AT A MINIMUM SPECIFIES THE SPECIFIC PURPOSE FOR WHICH THE ENTITY
NEEDS TO MAINTAIN A GREATER AMOUNT OF UNCOMMITTED RESERVES, THE
GREATER AMOUNT OF UNCOMMITTED RESERVES REQUESTED, THE TIME PERIOD
FOR THE WAIVER, AND THE PLAN FOR REDUCING ANY EXCESS UNCOMMITTED
RESERVES THAT MAY REMAIN ON COMPLETION OF THE WAIVER PERIOD.
THE JOINT BUDGET COMMITTEE, IN DETERMINING WHETHER TO RECOMMEND
A WAIVER PURSUANT TO THIS SUBSECTION (8), SHALL CONSIDER THE PURPOSE
FOR WHICH THE ENTITY HAS REQUESTED THE WAIVER, THE REASONABLENESS
OF THE TIME PERIOD FOR THE WAIVER, AND THE EFFECT THE WAIVER MAY
HAVE ON THE STATE'S ABILITY TO COMPLY WITH THE LIMITATIONS ON
STATE FISCAL YEAR SPENDING IMPOSED PURSUANT TO SECTION 20 OF ARTICLE
X OF THE STATE CONSTITUTION.
(c) THE JOINT BUDGET COMMITTEE SHALL RECOMMEND
LEGISLATION TO GRANT ANY WAIVER REQUESTED PURSUANT TO THIS SUBSECTION
(8) THAT THE COMMITTEE DEEMS APPROPRIATE. THE LEGISLATION, AT
A MINIMUM, SHALL SPECIFY THE FUND FOR WHICH THE WAIVER IS GRANTED,
THE GREATER AMOUNT OF UNCOMMITTED RESERVES AUTHORIZED, AND THE
TIME PERIOD FOR THE WAIVER.
SECTION 2. 2430207,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
2430207. Reports of revenue
and expenditures. (3) FOR
THE 199798 FISCAL YEAR AND FOR EACH FISCAL YEAR THEREAFTER,
THE CONTROLLER SHALL PREPARE A REPORT FOR THE STATE ASCERTAINING
THE AMOUNT OF UNCOMMITTED RESERVES, AS DEFINED IN SECTION 2475402
(2), CREDITED TO EACH STATE CASH FUND, AS DEFINED BY SECTION 2475402
(2) (b). SUCH REPORT SHALL BE AUDITED BY THE STATE AUDITOR.
SUCH REPORT SHALL BE DELIVERED TO THE OFFICE OF STATE PLANNING
AND BUDGETING AND TO THE JOINT BUDGET COMMITTEE OF THE GENERAL
ASSEMBLY ON OR BEFORE SEPTEMBER 20 OF EACH YEAR.
SECTION 3. 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 4. 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE SECRETARY OF
STATE BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE
AMOUNT OF THE FEE AS PROVIDED IN SECTION 2475402 (4),
C.R.S.
SECTION 5. 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE
AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE SECRETARY OF
STATE BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE
AMOUNT OF THE FEE AS PROVIDED IN SECTION 2475402 (4),
C.R.S.
SECTION 6. 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE SECRETARY OF
STATE BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE
AMOUNT OF THE FEE AS PROVIDED IN SECTION 2475402 (4),
C.R.S.
SECTION 7. 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 OR INCREASING THE
AMOUNT OF THE SURCHARGE IMPOSED PURSUANT TO SECTION 49.3105
(3), subject to article 4 of title 24, C.R.S.;
SECTION 8. 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF THE SURCHARGE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE SURCHARGE IS CREDITED. AFTER
THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE BOARD BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF THE SURCHARGE AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 9. 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 OR AS OTHERWISE PROVIDED BY LAW
MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE SECRETARY OF
STATE BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE
AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 10. 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
OR INCREASING 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 11. 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 OR AS OTHERWISE PROVIDED
BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE ADMINISTRATOR
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 12. 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 OR AS OTHERWISE PROVIDED
BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE ADMINISTRATOR
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 13. 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
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 OR AS OTHERWISE PROVIDED BY LAW
MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES OR ALLOWANCES
IF NECESSARY PURSUANT TO SECTION 2475402 (3), C.R.S.,
TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR
ANY PORTION OF ONE OR MORE OF THE FEES OR ALLOWANCES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE SECRETARY OF STATE BY RULE OR AS OTHERWISE PROVIDED BY LAW
MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES OR ALLOWANCES
AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 140 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 OR AS OTHERWISE
PROVIDED BY LAW MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE
FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE
OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF THE
FEE AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 150 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 OR AS OTHERWISE
PROVIDED BY LAW MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE
FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR BY RULE
OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF THE
FEE AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 160 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 OR AS OTHERWISE PROVIDED BY LAW
MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES OR ALLOWANCES
IF NECESSARY PURSUANT TO SECTION 2475402 (3), C.R.S.,
TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR
ANY PORTION OF ONE OR MORE OF THE FEES OR ALLOWANCES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE SECRETARY OF STATE BY RULE OR AS OTHERWISE PROVIDED BY LAW
MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES OR ALLOWANCES
AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 170 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 OR AS OTHERWISE PROVIDED BY LAW
MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES OR ALLOWANCES
IF NECESSARY PURSUANT TO SECTION 2475402 (3), C.R.S.,
TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR
ANY PORTION OF ONE OR MORE OF THE FEES OR ALLOWANCES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE SECRETARY OF STATE BY RULE OR AS OTHERWISE PROVIDED BY LAW
MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES OR ALLOWANCES
AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 180 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 OR AS OTHERWISE PROVIDED BY LAW
MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES OR ALLOWANCES
IF NECESSARY PURSUANT TO SECTION 2475402 (3), C.R.S.,
TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR
ANY PORTION OF ONE OR MORE OF THE FEES OR ALLOWANCES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE SECRETARY OF STATE BY RULE OR AS OTHERWISE PROVIDED BY LAW
MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES OR ALLOWANCES
AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 190 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 OR AS OTHERWISE PROVIDED BY LAW
MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES OR ALLOWANCES
IF NECESSARY PURSUANT TO SECTION 2475402 (3), C.R.S.,
TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR
ANY PORTION OF ONE OR MORE OF THE FEES OR ALLOWANCES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE SECRETARY OF STATE BY RULE OR AS OTHERWISE PROVIDED BY LAW
MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES OR ALLOWANCES
AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 200 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 OR AS OTHERWISE PROVIDED BY LAW
MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES OR ALLOWANCES
IF NECESSARY PURSUANT TO SECTION 2475402 (3), C.R.S.,
TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR
ANY PORTION OF ONE OR MORE OF THE FEES OR ALLOWANCES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE SECRETARY OF STATE BY RULE OR AS OTHERWISE PROVIDED BY LAW
MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES OR ALLOWANCES
AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 210 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 OR AS OTHERWISE PROVIDED BY LAW
MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES OR ALLOWANCES
IF NECESSARY PURSUANT TO SECTION 2475402 (3), C.R.S.,
TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR
ANY PORTION OF ONE OR MORE OF THE FEES OR ALLOWANCES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE SECRETARY OF STATE BY RULE OR AS OTHERWISE PROVIDED BY LAW
MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES OR ALLOWANCES
AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 220 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 OR AS OTHERWISE
PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES
OR SURCHARGES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES OR SURCHARGES
IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY
REDUCED, THE EXECUTIVE DIRECTOR BY RULE OR AS OTHERWISE PROVIDED
BY LAW MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES OR SURCHARGES
AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 230 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE
THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE DIRECTOR OF
THE DIVISION BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 240 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE
THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE DIRECTOR OF
THE DIVISION BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 250 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE COMMISSIONER
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF THE FEE AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 260 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE COMMISSIONER BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 270 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 lastknown 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE COMMISSIONER
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF THE FEE AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 280 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT OF
THE FEE IF NECESSARY PURSUANT TO SECTION 2475402 (3),
C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH
ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE COMMISSIONER
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF THE FEE AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 290 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE COMMISSIONER
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF THE FEE AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 300 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE COMMISSIONER BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 310 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE COMMISSIONER BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 320 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 OR AS OTHERWISE PROVIDED
BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE COMMISSIONER
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 330 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE COMMISSIONER BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 340 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE
AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION
2475402 (3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES
OF THE FUND TO WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE
FEES IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE FUND
ARE SUFFICIENTLY REDUCED, THE SECRETARY OF STATE BY RULE OR AS
OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF ONE OR MORE
OF THE FEES AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 350 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE STATE LICENSING AUTHORITY BY RULE OR AS OTHERWISE PROVIDED
BY LAW MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED
IN SECTION 2475402 (4), C.R.S.
SECTION 360 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 OR AS OTHERWISE PROVIDED BY LAW MAY
REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION
2475402 (3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES
OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE STATE LICENSING AUTHORITY BY RULE OR AS OTHERWISE PROVIDED
BY LAW MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION
2475402 (4), C.R.S.
SECTION 370 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 OR AS OTHERWISE PROVIDED
BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 380 Article 32 of title
13, Colorado Revised Statutes, is amended BY THE ADDITION OF A
NEW SECTION to read:
1332105.5. Docket fees
reduction by rule. NOTWITHSTANDING
THE AMOUNT SPECIFIED FOR ANY FEE IN THIS ARTICLE, THE CHIEF JUSTICE
OF THE SUPREME COURT BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT
TO SECTION 2475402 (3), C.R.S., TO REDUCE THE UNCOMMITTED
RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF ONE OR MORE
OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE
FUND ARE SUFFICIENTLY REDUCED, THE CHIEF JUSTICE BY RULE OR AS
OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF ONE OR MORE
OF THE FEES AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 390 1353106,
Colorado Revised Statutes, is amended to read:
1353106. Fees.
(1) Any person filing a foreign judgment shall pay
to the clerk of the court ninety dollars. Fees for docketing,
transcription, or other enforcement proceedings shall be as provided
for judgments of the courts of this state.
(2) NOTWITHSTANDING THE AMOUNT SPECIFIED
FOR THE FEE IN SUBSECTION (1) OF THIS SECTION, THE CHIEF JUSTICE
OF THE SUPREME COURT BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION
2475402 (3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES
OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE CHIEF JUSTICE BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 400 1410120.5,
Colorado Revised Statutes, is amended to read:
1410120.5. Petition for
dissolution of marriage fee assessment displaced
homemakers fund. (1) There
shall be assessed against a nonindigent petitioner a fee of five
dollars for each filing of a petition for dissolution of marriage.
All such fees collected shall be transmitted to the state treasurer
for deposit in the displaced homemakers fund created pursuant
to section 815.5108, C.R.S.
(2) NOTWITHSTANDING THE AMOUNT SPECIFIED
FOR THE FEE IN SUBSECTION (1) OF THIS SECTION, THE CHIEF JUSTICE
OF THE SUPREME COURT BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION
2475402 (3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES
OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE CHIEF JUSTICE BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 410 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE
AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE DIRECTOR OF
THE DIVISION OF LABOR BY RULE OR AS OTHERWISE PROVIDED BY LAW
MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 2475402
(4), 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 420 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE
AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION
2475402 (3), TO REDUCE THE UNCOMMITTED RESERVES OF
THE FUND TO WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES
IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY
REDUCED, THE SECRETARY OF STATE BY RULE OR AS OTHERWISE PROVIDED
BY LAW MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED
IN SECTION 2475402 (4).
(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; EXCEPT THAT THE DEPARTMENT MAY REDUCE ITS
FEES TO GENERATE REVENUE IN AN AMOUNT LESS THAN COSTS IF NECESSARY
PURSUANT TO SECTION 2475402 (3) . Such costs shall
not include the costs paid by the amounts appropriated by the
general assembly from the general fund to the department of state
for elections pursuant to section 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 430 2472204
(3.5) (b), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBPARAGRAPH to read:
2472204. Allowance or denial
of inspection grounds procedure appeal.
(3.5) (b) (V) NOTWITHSTANDING THE AMOUNT
SPECIFIED FOR ANY FEE IN SUBPARAGRAPH (III) OR (IV) OF THIS PARAGRAPH
(b), THE SECRETARY OF STATE BY RULE OR AS OTHERWISE PROVIDED BY
LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES CREDITED
TO THE DEPARTMENT OF STATE CASH FUND AND THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT OF REVENUE BY RULE OR AS OTHERWISE PROVIDED
BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES CREDITED
TO THE HIGHWAY USERS TAX FUND IF NECESSARY PURSUANT TO SECTION
2475402 (3), TO REDUCE THE UNCOMMITTED RESERVES OF
THE FUND TO WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES
IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY
REDUCED, THE SECRETARY OF STATE OR THE EXECUTIVE DIRECTOR, WHICHEVER
IS APPROPRIATE, BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4).
SECTION 440 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE
THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE STATE BOARD
OF HEALTH BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 2475402
(4), 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 450 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE
THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE STATE BOARD
OF HEALTH BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 460 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 STATE BOARD
OF HEALTH BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE
AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION
2475402 (3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES
OF THE FUND TO WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE
FEES IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE FUND
ARE SUFFICIENTLY REDUCED, THE STATE BOARD OF HEALTH BY RULE OR
AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF ONE OR
MORE OF THE FEES AS PROVIDED IN SECTION 2475402 (4),
C.R.S.
SECTION 470 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE BOARD BY RULE
OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF THE
FEE AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 480 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE COMMISSION
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF THE FEE AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 490 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE COMMISSION BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 500 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 OR
AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT OF THE FEE
IF NECESSARY PURSUANT TO SECTION 2475402 (3), C.R.S.,
TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR
ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED RESERVES
OF THE FUND ARE SUFFICIENTLY REDUCED, THE COMMISSION BY RULE OR
AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF THE FEE
AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 510 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 COMMISSION BY RULE OR AS OTHERWISE
PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES
IF NECESSARY PURSUANT TO SECTION 2475402 (3), C.R.S.,
TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR
ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE
UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE
COMMISSION BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 520 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 COMMISSION
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE COMMISSION
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF THE FEE AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 530 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
OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR
MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE BOARD BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 540 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE STATE BOARD
OF HEALTH BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 2475402
(4), C.R.S. Such fee shall be credited to the radiation control
fund.
SECTION 550 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 OR
AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE
OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE STATE BOARD BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 56. 3026101
(5), Colorado Revised Statutes, is amended to read:
3026101. Exchange of warrants
for bonds notice. (5) No
bond shall be issued of less denomination than fifty dollars and,
if issued for a greater amount, for some multiple of that sum.
Such bonds shall bear interest at a rate such that the net effective
interest rate of the issue of bonds does not exceed the maximum
net effective interest rate authorized, the interest to be paid
semiannually at the office of the county treasurer or at the city
of New York, at the option of the holders thereof, upon the production
of the proper coupons for the same, such bonds to be payable at
the pleasure of the county after ten years from the date of their
issuance, but absolutely due and payable twenty years after the
date of issue. The whole amount of bonds issued under this part
1 shall not exceed the sum of the county indebtedness at the date
of the first publication of the notice submitting the question
of funding the county indebtedness; and the amount shall be determined
by the board of county commissioners, and a certificate made of
the same, and made a part of the records of the county; and any
bond issued in excess of such sum shall be void. All bonds issued
under the provisions of this part 1 shall be registered in the
office of the state auditor, to whom a fee of ten cents shall
be paid for recording each bond; EXCEPT THAT THE STATE AUDITOR
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE STATE AUDITOR
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF THE FEE AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 57. 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)
EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (1.6) OF THIS SECTION,
the division is authorized to issue the following resident and
nonresident licenses and shall collect the following fees therefor:
(1.5) EXCEPT AS OTHERWISE PROVIDED IN
SUBSECTION (1.6) OF THIS SECTION, effective January 1, 1992, the
division is authorized to collect these fees for the following
resident licenses: 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 2475402 (3), C.R.S., THAT A REDUCTION IN
THE AMOUNT OF THE FEE IS NECESSARY TO REDUCE THE UNCOMMITTED RESERVES
OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE CASH FUND ARE SUFFICIENTLY
REDUCED, THE COMMISSION BY RULE OR AS OTHERWISE PROVIDED BY LAW
MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 2475402
(4), C.R.S.
(2) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION
(1.6) OF THIS SECTION, the division is authorized to issue the
following special licenses and shall collect the following fees
therefor:
SECTION 58. 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE COMMISSION
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF THE FEE AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 59. 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE
THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE BOARD BY RULE
OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF THE
FEE AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 60. 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 EXECUTIVE DIRECTOR
OF THE DEPARTMENT OF NATURAL RESOURCES BY RULE OR AS OTHERWISE
PROVIDED BY LAW MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE
FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
OF NATURAL RESOURCES BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 61. 3432127,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
3432127. Mined land reclamation
fund created fees fee adjustments.
(3) NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE
IN SUBSECTION (2) OF THIS SECTION, THE BOARD BY RULE OR AS OTHERWISE
PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES
IF NECESSARY PURSUANT TO SECTION 2475402 (3), C.R.S.,
TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR
ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE
UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE
BOARD BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE
AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 62. 3432.5125, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
3432.5125. Mined land reclamation
fund fees. (2) NOTWITHSTANDING
THE AMOUNT SPECIFIED FOR ANY FEE IN SUBSECTION (1) OF THIS SECTION,
THE BOARD BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE
AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION
2475402 (3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES
OF THE FUND TO WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE
FEES IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE FUND
ARE SUFFICIENTLY REDUCED, THE BOARD BY RULE OR AS OTHERWISE PROVIDED
BY LAW MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED
IN SECTION 2475402 (4), C.R.S.
SECTION 63. 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 OR AS OTHERWISE PROVIDED
BY LAW MAY REDUCE THE AMOUNT OF THE INCREMENT IF NECESSARY PURSUANT
TO SECTION 2475402 (3), C.R.S., TO REDUCE THE UNCOMMITTED
RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF THE INCREMENT
IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY
REDUCED, THE COMMISSIONER BY RULE OR AS OTHERWISE PROVIDED BY
LAW MAY INCREASE THE AMOUNT OF THE INCREMENT AS PROVIDED IN SECTION
2475402 (4), 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 64. 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
OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR
MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE COMMISSIONER BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 65. 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 OR AS OTHERWISE PROVIDED
BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE COMMISSIONER
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 66. 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 OR AS OTHERWISE PROVIDED
BY LAW MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT
TO SECTION 2475402 (3), C.R.S., TO REDUCE THE UNCOMMITTED
RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS
CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY
REDUCED, THE COMMISSIONER BY RULE OR AS OTHERWISE PROVIDED BY
LAW MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION
2475402 (4), 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 67. 3553111,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
3553111. Sanitary rules
as to movement of livestock quarantine penalty.
(3) NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE
IN SUBSECTION (1) OF THIS SECTION, THE STATE AGRICULTURAL COMMISSION
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE STATE AGRICULTURAL COMMISSION BY RULE OR AS OTHERWISE PROVIDED
BY LAW MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED
IN SECTION 2475402 (4), C.R.S.
SECTION 68. 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT OF
THE FEE IF NECESSARY PURSUANT TO SECTION 2475402 (3),
C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH
ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE DIRECTOR BY
RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF
THE FEE AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 69. 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE
AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE STATE ENGINEER
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF THE FEE AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 70. 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE COMMISSION BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 71. 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE COMMISSION BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 72. 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
OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR
MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE COMMISSION BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 73. 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) OF THIS SECTION, THE COMMISSION BY RULE OR AS
OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE
OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE COMMISSION BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 74. 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. (13) NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE IN THIS SECTION, THE COMMISSION BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE COMMISSION BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 75. 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 GROUND
WATER COMMISSION BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE
THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE GROUND WATER
COMMISSION BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 76. 3792304
(8), Colorado Revised Statutes, is amended to read:
3792304. Proceedings by
the water judge. (8) A copy
of such judgment and decree shall be filed with the state engineer
and the division engineer, and a copy thereof shall be provided
by the water clerk to any other person requesting same upon payment
of a fee of seventyfive cents per page; EXCEPT THAT THE
STATE ENGINEER BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE
THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE STATE ENGINEER
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF THE FEE AS PROVIDED IN SECTION 2475402 (4), C.R.S.
Promptly after receiving a judgment and decree, the division
engineer and the state engineer shall enter in their records the
determinations therein made as to priority, location, and use
of the water rights and conditional water rights, and they shall
regulate the distribution of water accordingly.
SECTION 77. 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 OR AS OTHERWISE
PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES
IF NECESSARY PURSUANT TO SECTION 2475402 (3), C.R.S.,
TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR
ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE
UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE
STATE ENGINEER BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 78. 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 OR AS OTHERWISE
PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES
IF NECESSARY PURSUANT TO SECTION 2475402 (3), C.R.S.,
TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR
ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE
UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE
STATE ENGINEER BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 79. 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 OR AS OTHERWISE PROVIDED
BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE STATE ENGINEER
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 80. 3825.5103
(3), Colorado Revised Statutes, is amended to read:
3825.5103. Copies of returns
and filings summary statement fees.
(3) (a) A fee of ten dollars shall be collected
for each specifically identified tax included in such summary
statement issued by a public entity. A fee of one dollar and
twentyfive cents shall be collected for each page of tax
returns and filings of a taxpayer copied and delivered by a public
entity.
(b) NOTWITHSTANDING THE AMOUNT OF ANY
FEE SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (3), IF THE
PUBLIC ENTITY COLLECTING THE FEE IS A STATE AGENCY, THE EXECUTIVE
DIRECTOR OF THE STATE AGENCY BY RULE OR AS OTHERWISE PROVIDED
BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR
OF THE STATE AGENCY BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN
SECTION 2475402 (4), C.R.S.
SECTION 81. 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE
THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF THE FEE AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 82. 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 OR AS OTHERWISE
PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES
IF NECESSARY PURSUANT TO SECTION 2475402 (3), C.R.S.,
TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR
ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE
UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE
EXECUTIVE DIRECTOR BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN
SECTION 2475402 (4), C.R.S.
SECTION 83. 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 OF THE DEPARTMENT OF REVENUE BY RULE OR AS OTHERWISE
PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES
IF NECESSARY PURSUANT TO SECTION 2475402 (3), C.R.S.,
TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR
ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE
UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE BY RULE OR AS
OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF ONE OR MORE
OF THE FEES AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 84. 3926114
(7) (b) (V), Colorado Revised Statutes, is amended to read:
3926114. Exemptions
disputes credits or refunds. (7) (b) To
be eligible for the exemption provided for in this subsection
(7), each vendor shall:
(V) Remit a fee of ten cents per machine
with the application submitted under this paragraph (b), to defray
the expenses of the department of revenue in furnishing such identification
numbers; EXCEPT THAT THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
OF REVENUE BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE
THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF THE FEE AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 85. 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 OF THE DEPARTMENT OF REVENUE BY RULE OR AS OTHERWISE
PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES
IF NECESSARY PURSUANT TO SECTION 2475402 (3), C.R.S.,
TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR
ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE
UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE
EXECUTIVE DIRECTOR BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN
SECTION 2475402 (4), C.R.S.
SECTION 86. 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE COMMISSION BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 87. 403.4108
(2), Colorado Revised Statutes, is amended to read:
403.4108. Funding
federal requirements program participation lowincome
telephone assistance fund. (2) (a) Upon
collecting the charge imposed pursuant to subsection (1) of this
section, each provider may retain, from the total charges collected,
an amount sufficient to reimburse such provider for its provision
of lowincome telephone assistance and shall transmit the
remaining portion of the total charges collected to the state
treasurer, who shall credit the same to the lowincome telephone
assistance fund, which fund is hereby created. The moneys in
the fund shall be subject to annual appropriation by the general
assembly for the direct and indirect costs incurred by the department
of human services under this article.
(b) THE LOWINCOME TELEPHONE ASSISTANCE
FUND MAY MAINTAIN AN AMOUNT OF UNCOMMITTED RESERVES, AS DEFINED
IN SECTION 2475402 (2) (g), C.R.S., THAT SHALL NOT
EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS.
SECTION 88. 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE COMMISSION BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 89. 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE COMMISSION BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 90. 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE COMMISSION
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF THE FEE AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 91. 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 OR AS OTHERWISE PROVIDED
BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE COMMISSION
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 92. 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
OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR
MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE OR AS OTHERWISE
PROVIDED BY LAW MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE
FEES AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 93. 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 OR AS OTHERWISE PROVIDED BY
LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN
SECTION 2475402 (4), C.R.S.
SECTION 94. 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 OR AS OTHERWISE PROVIDED BY
LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN
SECTION 2475402 (4), C.R.S.
SECTION 95. 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF THE FEE IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
INCREASE THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 96. 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 OR AS OTHERWISE PROVIDED BY
LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN
SECTION 2475402 (4), C.R.S.
SECTION 97. 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 PARAGRAPH (a) OF THIS SUBSECTION (2.5), THE EXECUTIVE
DIRECTOR OF THE DEPARTMENT BY RULE OR AS OTHERWISE PROVIDED BY
LAW MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO
SECTION 2475402 (3), C.R.S., TO REDUCE THE UNCOMMITTED
RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS
CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY
REDUCED, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE OR AS
OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF THE FEE AS
PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 98. 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 OR AS OTHERWISE
PROVIDED BY LAW MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE
FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF THE FEE AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 99. 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 SUBPARAGRAPH (I) OF THIS PARAGRAPH (a), THE EXECUTIVE
DIRECTOR OF THE DEPARTMENT BY RULE OR AS OTHERWISE PROVIDED BY
LAW MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO
SECTION 2475402 (3), C.R.S., TO REDUCE THE UNCOMMITTED
RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS
CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY
REDUCED, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE OR AS
OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF THE FEE AS
PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 100. 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
OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR
MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE OR AS OTHERWISE
PROVIDED BY LAW MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE
FEES AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 101. 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 THE
FEES IN PARAGRAPH (e) OF SUBSECTION (11) AND PARAGRAPH (b) OF
SUBSECTION (16) OF THIS SECTION, THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE
THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO
SECTION 2475402 (3), C.R.S., TO REDUCE THE UNCOMMITTED
RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF ONE OR MORE
OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE
FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 102. 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 OR AS OTHERWISE PROVIDED BY
LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN
SECTION 2475402 (4), C.R.S.
SECTION 103. 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 ADDITIONAL FEE IN PARAGRAPH (a) OF THIS SUBSECTION (4),
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE OR AS OTHERWISE
PROVIDED BY LAW MAY REDUCE THE AMOUNT OF THE ADDITIONAL FEE IF
NECESSARY PURSUANT TO SECTION 2475402 (3), C.R.S.,
TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR
ANY PORTION OF THE ADDITIONAL FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
INCREASE THE AMOUNT OF THE ADDITIONAL FEE AS PROVIDED IN SECTION
2475402 (4), C.R.S.
SECTION 104. 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 OR AS OTHERWISE PROVIDED BY LAW MAY
REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT
TO SECTION 2475402 (3), C.R.S., TO REDUCE THE UNCOMMITTED
RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF ONE OR MORE
OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE
FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 105. 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 ADDITIONAL FEE IN PARAGRAPH (a) OF THIS SUBSECTION (5),
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE OR AS OTHERWISE
PROVIDED BY LAW MAY REDUCE THE AMOUNT OF THE ADDITIONAL FEE IF
NECESSARY PURSUANT TO SECTION 2475402 (3), C.R.S.,
TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR
ANY PORTION OF THE ADDITIONAL FEE IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
INCREASE THE AMOUNT OF THE ADDITIONAL FEE AS PROVIDED IN SECTION
2475402 (4), C.R.S.
SECTION 106. 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
OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR
MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE OR AS OTHERWISE
PROVIDED BY LAW MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE
FEES AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 107. 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 OR AS OTHERWISE PROVIDED BY
LAW MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO
SECTION 2475402 (3), C.R.S., TO REDUCE THE UNCOMMITTED
RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS
CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY
REDUCED, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE OR AS
OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF THE FEE AS
PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 108. 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 OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT
OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE OR AS OTHERWISE
PROVIDED BY LAW MAY INCREASE THE AMOUNT OF ONE OR MORE OF THE
FEES AS PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 109. 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 OR AS OTHERWISE PROVIDED BY
LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN
SECTION 2475402 (4), C.R.S.
SECTION 110. 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 OR AS OTHERWISE PROVIDED BY LAW MAY
REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO SECTION
2475402 (3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES
OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE OR AS OTHERWISE
PROVIDED BY LAW MAY INCREASE THE AMOUNT OF THE FEE AS PROVIDED
IN SECTION 2475402 (4), C.R.S.
SECTION 111. 424202
(4), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
424202. Unsafe vehicles
penalty identification plates.
(4) (g) NOTWITHSTANDING THE AMOUNT SPECIFIED FOR
ANY FEE IN THIS SUBSECTION (4), THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY REDUCE
THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY PURSUANT TO
SECTION 2475402 (3), C.R.S., TO REDUCE THE UNCOMMITTED
RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF ONE OR MORE
OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE
FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT
OF ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 112. 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 OR AS OTHERWISE PROVIDED BY
LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY
INCREASE THE AMOUNT OF ONE OR MORE OF THE FEES AS PROVIDED IN
SECTION 2475402 (4), C.R.S.
SECTION 113. 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 OR AS OTHERWISE PROVIDED BY
LAW MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY PURSUANT TO
SECTION 2475402 (3), C.R.S., TO REDUCE THE UNCOMMITTED
RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF THE FEE IS
CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY
REDUCED, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BY RULE OR AS
OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF THE FEE AS
PROVIDED IN SECTION 2475402 (4), C.R.S.
SECTION 114. 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 OR AS OTHERWISE
PROVIDED BY LAW MAY REDUCE THE AMOUNT OF THE FEE IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF THE FEE IS CREDITED. AFTER THE UNCOMMITTED RESERVES OF THE
FUND ARE SUFFICIENTLY REDUCED, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
OF REVENUE BY RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE
THE AMOUNT OF THE FEE AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 115. 426137,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
426137. Fees.
(7) NOTWITHSTANDING THE AMOUNT SPECIFIED FOR ANY FEE
IN THIS SECTION, THE DIRECTOR BY RULE OR AS OTHERWISE PROVIDED
BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE OF THE FEES IF NECESSARY
PURSUANT TO SECTION 2475402 (3), C.R.S., TO REDUCE
THE UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION
OF ONE OR MORE OF THE FEES IS CREDITED. AFTER THE UNCOMMITTED
RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED, THE DIRECTOR BY
RULE OR AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF
ONE OR MORE OF THE FEES AS PROVIDED IN SECTION 2475402
(4), C.R.S.
SECTION 116. 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 OR
AS OTHERWISE PROVIDED BY LAW MAY REDUCE THE AMOUNT OF ONE OR MORE
OF THE FEES IF NECESSARY PURSUANT TO SECTION 2475402
(3), C.R.S., TO REDUCE THE UNCOMMITTED RESERVES OF THE FUND TO
WHICH ALL OR ANY PORTION OF ONE OR MORE OF THE FEES IS CREDITED.
AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE SUFFICIENTLY REDUCED,
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE BY RULE OR
AS OTHERWISE PROVIDED BY LAW MAY INCREASE THE AMOUNT OF ONE OR
MORE OF THE FEES AS PROVIDED IN SECTION 2475402 (4),
C.R.S.
SECTION 117. 2421104
(3) (d), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBPARAGRAPH to read:
2421104. Fees of secretary
of state. (3) (d) (VII) NOTWITHSTANDING
ANY PROVISION OF PARAGRAPH (b) OF THIS SUBSECTION (3) TO THE CONTRARY,
IN ADDITION TO ANY TRANSFERS AUTHORIZED IN HB981234, ON
JULY 1, 1998, THE STATE TREASURER SHALL DEDUCT ONE MILLION DOLLARS
FROM THE DEPARTMENT OF STATE CASH FUND AND TRANSFER SUCH SUM TO
THE STATE PUBLIC SCHOOL FUND CREATED IN SECTION 2254114,
C.R.S.
SECTION 118. Appropriations
adjustments in 1998 long bill. The
appropriation made in the annual general appropriation act for
the fiscal year beginning July 1, 1998, to the department of education,
public school finance, total program, is increased by one million
dollars ($1,000,000). Said sum shall be cash funds exempt from
the state public school fund created in section 2254114,
Colorado Revised Statutes.
SECTION 119. Appropriation. In
addition to any other appropriation, there is hereby appropriated
from the department of state cash fund created in section 2421104
(3), Colorado Revised Statutes, to the department of state, for
reimbursement of county clerk and recorders for 1997 election
costs, for the fiscal year beginning July 1, 1997, the sum of
six hundred thousand dollars ($600,000).
SECTION 120. 2475102,
Colorado Revised Statutes, is amended to read:
2475102. Appropriations
expended, when balance repeal.
(1) Except as otherwise provided by law, all moneys
appropriated by the general assembly may be expended or encumbered,
if authorized by the controller, only in the fiscal year for which
appropriated. and
EXCEPT AS OTHERWISE PROVIDED BY LAW, any moneys unexpended or
not encumbered from the appropriation to each department for any
fiscal year shall revert to the general fund or, if made from
a special fund, to such special fund. Determination of such expenditures
or encumbrances shall be made no later than thirtyfive days
after the close of the fiscal year and pursuant to the provisions
of section 2430202 (11).
(2) ANY MONEYS APPROPRIATED TO ALL DEPARTMENTS
OF STATE GOVERNMENT FOR THE 199798 FISCAL YEAR THAT WOULD
OTHERWISE REVERT TO THE GENERAL FUND PURSUANT TO SUBSECTION (1)
OF THIS SECTION SHALL BE TRANSFERRED BY THE STATE TREASURER TO
THE FAMILY ISSUES CASH FUND CREATED IN SECTION 265.3106,
C.R.S.; EXCEPT THAT THE AMOUNT TRANSFERRED SHALL NOT EXCEED FIVE
MILLION TWO HUNDRED THOUSAND DOLLARS. THIS SUBSECTION (2) IS
REPEALED, EFFECTIVE SEPTEMBER 1, 1998.
SECTION 121. 2490105.5,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
2490105.5. Radio reading
services. (5) THE GENERAL
ASSEMBLY HEREBY RECOGNIZES THE IMPORTANCE OF PRIVATELY OPERATED
READING SERVICES TO ENABLE THOSE PERSONS WHO CANNOT EFFECTIVELY
READ NEWSPAPERS OR OTHER PRINTED DOCUMENTS TO GAIN ACCESS TO SUCH
OTHERWISE INACCESSIBLE PRINT MATERIALS. THE STATE LIBRARIAN SHALL
HAVE THE AUTHORITY TO ADMINISTER FUNDS IN THE READING SERVICES
FOR THE BLIND CASH FUND, WHICH IS HEREBY CREATED, FOR THE SUPPORT
OF SAID PRIVATELY OPERATED READING SERVICES. THE FUND SHALL CONSIST
OF ANY PUBLIC OR PRIVATE MONEYS TRANSFERRED, APPROPRIATED, OR
OTHERWISE CREDITED THERETO. ALL MONEYS CREDITED TO THE FUND AND
ALL INTEREST EARNED ON THE INVESTMENT OF MONEYS IN THE FUND SHALL
BE A PART OF THE FUND AND SHALL NOT BE TRANSFERRED OR CREDITED
TO THE GENERAL FUND OR TO ANY OTHER FUND EXCEPT AS DIRECTED BY
THE GENERAL ASSEMBLY ACTING BY BILL. THE GENERAL ASSEMBLY SHALL
MAKE ANNUAL APPROPRIATIONS FROM THE READING SERVICES FOR THE BLIND
CASH FUND TO THE STATE LIBRARIAN TO CARRY OUT THE PURPOSES OF
THIS SUBSECTION (5).
SECTION 122. 4017104,
Colorado Revised Statutes, is amended to read:
4017104. Colorado disabled
telephone users fund creation purpose.
(1) Except as otherwise authorized to be retained
by section 4017103 (3) (e), all moneys collected by
the local exchange companies in accordance with said section shall
be transmitted to the state treasurer, who shall credit the same
to the "Colorado disabled telephone users fund", which
fund is hereby created and is referred to in this article as the
"fund". On July 1, 1992, any moneys in the "Colorado
Disabled Telephone Users Fund" created by section 4017103,
as said section existed prior to July 1, 1992, shall be credited
to the fund as created by this section. The general assembly
shall make annual appropriations out of such fund for the administration
of the fund. The moneys in such fund not used for administration
of such fund are hereby continuously appropriated to the public
utilities commission for the reimbursement of providers who render
telecommunications services authorized by this article.
(2) NOTWITHSTANDING ANY PROVISION OF SUBSECTION
(1) OF THIS SECTION TO THE CONTRARY, ON JULY 1, 1998, THE STATE
TREASURER SHALL DEDUCT NINETYTHREE THOUSAND EIGHT HUNDRED
DOLLARS FROM THE COLORADO DISABLED TELEPHONE USERS FUND AND TRANSFER
SUCH SUM TO THE READING SERVICES FOR THE BLIND CASH FUND, CREATED
IN SECTION 2490105.5 (5), C.R.S.
SECTION 123. Appropriation. In
addition to any other appropriation, there is hereby appropriated,
out of any moneys in the reading services for the blind cash fund,
created in section 2490105.5 (5), Colorado Revised
Statutes, not otherwise appropriated, to the department of education,
for the fiscal year beginning July 1, 1998, the sum of ninetythree
thousand eight hundred dollars ($93,800), or so much thereof as
may be necessary, for the implementation of section 122 of this
act.
SECTION 124. 2434105
(2) (b), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBPARAGRAPH to read:
2434105. Fee adjustments
division of registrations cash fund created legal
defense account. (2) (b) (III) NOTWITHSTANDING
ANY PROVISION OF THIS PARAGRAPH (b) TO THE CONTRARY, ON JULY 1,
1998, THE STATE TREASURER SHALL DEDUCT ONE MILLION DOLLARS FROM
THE DIVISION OF REGISTRATIONS CASH FUND AND TRANSFER SUCH SUM
TO THE COLORADO ECONOMIC DEVELOPMENT FUND CREATED IN SECTION 2446105.
SECTION 125.
2421104 (3) (d), Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
2421104. Fees of secretary
of state. (3) (d) (VIII) NOTWITHSTANDING
ANY PROVISION OF PARAGRAPH (b) OF THIS SUBSECTION (3) TO THE CONTRARY,
ON JULY 1, 1998, THE STATE TREASURER SHALL DEDUCT ONE MILLION
SEVEN HUNDRED THOUSAND DOLLARS FROM THE DEPARTMENT OF STATE CASH
FUND AND TRANSFER SUCH SUM TO THE CHILDREN'S BASIC HEALTH PLAN
TRUST FUND CREATED IN SECTION 2619105, C.R.S.
SECTION 126. Appropriations
in long bill to be adjusted. (1) For the implementation
of H.B. 971304, as amended by H.B. 981325, appropriations
made in the annual general appropriation act to the department
of health care policy and financing for the fiscal year beginning
July 1, 1998, shall be adjusted as follows:
(a) The appropriation to and the amount
of federal funds anticipated to be received by the department
of health care policy and financing, other medical services, for
H.B. 971304 Children's Basic Health Plan, is increased by
five million fiftysix thousand five hundred fourteen dollars
($5,056,514). Of said sum, one million seven hundred thousand
dollars ($1,700,000) shall be cash funds exempt from the children's
basic health plan trust fund, created in section 2619105,
Colorado Revised Statutes, and three million three hundred fiftysix
thousand five hundred fourteen dollars ($3,356,514) shall be federal
funds.
SECTION 127. 2260.5112,
Colorado Revised Statutes, is amended to read:
2260.5112. Fees.
(1) The fee for the examination and review of an application
for any license, endorsement, certificate, or authorization, or
any renewal or reinstatement thereof, shall be established by
the state board of education and shall be nonrefundable. Upon
determination of eligibility, such license, endorsement, certificate,
or authorization shall be issued without an additional fee. The
state board of education shall adjust if necessary all such fees
annually so that they generate an amount of revenue that approximates
the direct and indirect costs of the state board of education
and of the department of education for the administration of this
article; however, the state board of education shall establish
and adjust such fees for licenses issued pursuant to section 2260.5201
(1) (a) so that the fees generate an amount of revenue that approximates
the direct and indirect costs of the state board of education
and the department of education for the administration of sections
2260.5201 (1) (a) and 2260.5205. All
fees collected under this section shall be transmitted to the
state treasurer and credited to the educator licensure cash fund,
which fund is hereby created. All moneys credited to the teacher
certification cash fund, as created in section 2260106,
as of June 30, 1999, shall be transferred to the educator licensure
cash fund on July 1, 1999. The general assembly shall make annual
appropriations from the educator licensure cash fund for expenditures
of the state board of education and of the department of education
incurred in the administration of this article. At the end of
any fiscal year, all unexpended and unencumbered moneys in the
educator licensure cash fund shall remain therein and shall not
be credited or transferred to the general fund or any other fund.
(2) NOTWITHSTANDING ANY PROVISION OF SUBSECTION
(1) OF THIS SECTION TO THE CONTRARY, ON JULY 1, 1998, THE STATE
TREASURER SHALL DEDUCT TWENTYTWO THOUSAND TWO HUNDRED NINETYTHREE
DOLLARS FROM THE EDUCATOR LICENSURE CASH FUND AND TRANSFER SUCH
SUM TO THE STATE PUBLIC SCHOOL FUND CREATED IN SECTION 2254114.
SECTION 128. Appropriation. In
addition to any other appropriation, there is hereby appropriated,
out of any moneys in the state public school fund created in section
2254114, Colorado Revised Statutes, not otherwise
appropriated, to the legislative department, for the fiscal year
beginning July 1, 1998, the sum of twentytwo thousand two
hundred ninetythree dollars ($22,293) and 0.3 FTE, or so
much thereof as may be necessary, for the implementation of H.J.R.
981008. Of said sum, five thousand nine hundred forty dollars
($5,940) shall be allocated to the general assembly, eleven thousand
seven hundred fiftysix dollars ($11,756) and 0.2 FTE shall
be allocated to the legislative council, and four thousand five
hundred ninetyseven dollars ($4,597) and 0.1 FTE shall be
allocated to the office of legislative legal services.
SECTION 129. Repeal.
2421104 (3) (d) (IV), as enacted by House Bill 981058,
enacted at the Second Regular Session of the Sixtyfirst
General Assembly, is repealed as follows:
2421104. Fees of secretary
of state. (3) (d) (IV) Notwithstanding
any provision of paragraph (b) of this subsection (3) to the contrary,
on July 1, 1998, the state treasurer shall deduct five hundred
thousand dollars from the department of state cash fund and transfer
such sum to the environmental leadership pollution prevention
revolving fund, created in section 256.7109 (2), C.R.S.
SECTION 130. 423134
(26) (a), Colorado Revised Statutes, is amended to read:
423134. Registration fees
passenger and passengermile taxes.
(26) (a) (I) Effective July 1, 1986, in
addition to any other fee imposed by this section, there shall
be collected, at the time of registration, a fee of fifty cents
on every item of class A, B, or C personal property required to
be registered pursuant to this article. Such fee shall be transmitted
to the state treasurer, who shall credit the same to a special
account within the highway users tax fund, to be known as the
AIR account, and such moneys shall be used, subject to appropriation
by the general assembly, to cover the direct costs of the motor
vehicle emissions activities of the department of public health
and environment in the presently defined nonattainment area, and
to pay for the costs of the commission in performing its duties
under sections 257106.1, 257106.3, and
257106.5, C.R.S. In the program areas within counties
affected by this article, the county clerk and recorder shall
impose and retain an additional fee of up to seventy cents on
every such registration to cover reasonable costs of administration
of the emissions compliance aspect of vehicle registration. The
department of public health and environment is hereby authorized
to accept and expend grants, gifts, and moneys from any source
for the purpose of implementing its duties and functions under
this section or sections 257106.1, 257106.3,
and 257106.5, C.R.S.
(II) NOTWITHSTANDING ANY PROVISION OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH (a) TO THE CONTRARY, ON JULY
1, 1998, THE STATE TREASURER SHALL DEDUCT FIVE HUNDRED THOUSAND
DOLLARS FROM THE AIR ACCOUNT AND TRANSFER SUCH SUM TO THE ENVIRONMENTAL
LEADERSHIP POLLUTION PREVENTION REVOLVING FUND, CREATED IN SECTION
256.7109 (2), C.R.S.
SECTION 131. Repeal.
2421104 (3) (d) (V), as enacted by Senate Bill 98152,
enacted at the Second Regular Session of the Sixtyfirst
General Assembly, is repealed as follows:
2421104. Fees of secretary
of state. (3) (d) (V) Notwithstanding
any provision of paragraph (b) of this subsection (3) to the contrary,
on July 1, 1998, the state treasurer shall deduct two hundred
sixtyseven thousand seven hundred fiftysix dollars
from the department of state cash fund and transfer such sum to
the retail electricity policy development fund created in section
404114.
SECTION 132. 2434105
(2) (b), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBPARAGRAPH to read:
2434105. Fee adjustments
division of registrations cash fund created legal
defense account. (2) (b) (IV) NOTWITHSTANDING
ANY PROVISION OF THIS PARAGRAPH (b) TO THE CONTRARY, ON JULY 1,
1998, THE STATE TREASURER SHALL DEDUCT TWO HUNDRED SIXTYSEVEN
THOUSAND SEVEN HUNDRED FIFTYSIX DOLLARS FROM THE DIVISION
OF REGISTRATIONS CASH FUND AND TRANSFER SUCH SUM TO THE RETAIL
ELECTRICITY POLICY DEVELOPMENT FUND CREATED IN SECTION 404114,
C.R.S.
SECTION 133. 2421104
(3) (d), Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SUBPARAGRAPH to read:
2421104. Fees of secretary
of state. (3) (d) (IX) NOTWITHSTANDING
ANY PROVISION OF PARAGRAPH (b) OF THIS SUBSECTION (3) TO THE CONTRARY,
ON JULY 1, 1998, THE STATE TREASURER SHALL DEDUCT ONE MILLION
DOLLARS FROM THE DEPARTMENT OF STATE CASH FUND AND TRANSFER SUCH
SUM TO THE COLORADO TOURISM PROMOTION FUND CREATED IN SECTION
24321306.
SECTION 134. Appropriation. In
addition to any other appropriation, there is hereby appropriated,
out of any moneys in the Colorado tourism promotion fund created
in section 24321306, Colorado Revised Statutes, not
otherwise appropriated, to the Colorado tourism board, for the
fiscal year beginning July 1, 1998, the sum of one million dollars
($1,000,000), or so much thereof as may be necessary, for the
purposes specified in section 24321306, Colorado Revised
Statutes.
SECTION 135. Effective
date. This act shall take effect upon passage;
except that sections 127 and 128 of this act shall only take effect
if H.J.R. 981008 is passed during the second regular session
of the sixtyfirst general assembly; and except that sections
129 and 130 shall only take effect if H.B. 981058 becomes
law; and except that sections 131 and 132 shall only take effect
if S.B. 98152 becomes law.
SECTION 136. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO