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Colorado Revised Statutes Title 30. Government County § 30-10-421. Filing surcharge--definitions

Current as of January 01, 2024 | Updated by FindLaw Staff

(1)(a) Deleted by Laws 2014, Ch. 302, § 36, eff. May 31, 2014.

<Text of (1)(b) effective until July 1, 2025>

(b) Beginning July 1, 2004, and through December 31, 2026, the county clerk and recorder shall collect a surcharge of one dollar for each document received for recording or filing in his or her office. The surcharge shall be in addition to any other fees permitted by statute.

<Text of (1)(b) effective July 1, 2025>

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

<Text of (1)(c) effective until July 1, 2025>

(c) Beginning January 1, 2017, and through April 30, 2026, the county clerk and recorder shall collect the surcharge imposed by the electronic recording technology board under section 24-21-403(2) for each document received for recording or filing in his or her office. The surcharge is in addition to any other fees permitted by statute.

<Text of (1)(c) effective July 1, 2025>

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

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

(2) Repealed by Laws 2014, Ch. 302, § 36, eff. May 31, 2014.

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

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

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

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

(5) Deleted by Laws 2004, Ch. 223, § 1, eff. May 12, 2004.

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

(a) Deleted by Laws 2016, Ch. 356, § 5, eff. June 10, 2016.

(b) “Electronic filing system” means the document management system used by the clerk and recorder to comply with the statutory requirements set forth in this part 4 for:

(I) Electronic documents received for recording or filing in his or her office; and

(II) Paper documents received for recording or filing in the clerk and recorder's office that are converted from paper, microfilm, or microfiche into an electronic format.

(c) Deleted by Laws 2016, Ch. 356, § 5, eff. June 10, 2016.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 30. Government County § 30-10-421. Filing surcharge--definitions - last updated January 01, 2024 | https://codes.findlaw.com/co/title-30-government-county/co-rev-st-sect-30-10-421.html

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