2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › COUNTY OFFICERS (§§ 30-10-101 — 30-10-1001) › Article 10 - COUNTY OFFICERS (§§ 30-10-101 — 30-10-1001) › Part 4 - COUNTY CLERK AND RECORDER (§§ 30-10-401 — 30-10-424) › Section 30-10-421 - [Effective Until 7/1/2025] Filing surcharge - definitions

(1)
(a)
(Deleted by amendment, L. 2014.)
(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.
(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.
(1.5)
The surcharge described in subsection (1) of this section shall not be collected on any filing received by the county clerk and recorder as an authorized agent of the executive director of the department of revenue pursuant to section
38-29-128
or
42-6-121
, C.R.S.
(2)
Repealed.
(3)
(a)
A county clerk and recorder shall transmit monthly each surcharge collected in accordance with paragraph (c) of subsection (1) of this section to the state treasurer, who shall credit the same to the electronic recording technology fund created in section
24-21-404
, C.R.S. Any money transmitted to the state treasurer is collected on behalf of the electronic recording technology board and is excluded from the county's fiscal year spending.
(b)
The county clerk and recorder shall retain the proceeds of the surcharge collected pursuant to paragraph (b) of subsection (1) of this section. Such proceeds shall be utilized to defray the costs of establishing, maintaining, improving, or replacing an electronic filing system.
(c)
The county clerk and recorder shall place all surcharges that he or she retains pursuant to this subsection (3) in a separate, segregated account.
(4)
County governments shall be exempt from all fees authorized to be collected under the provisions of this section if the county or any agency thereof is the grantor or grantee of the document being recorded or if a delegate child support enforcement unit files or records documents for the purpose of collecting child support, child support arrears, maintenance, maintenance when combined with child support, retroactive support, or child support debt.
(5)
(Deleted by amendment, L. 2004, p. 748, § 1, effective May 12, 2004.)
(6)
As used in this part 4, unless the context otherwise requires:
(a)
(Deleted by amendment, L. 2016.)
(b)
"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 amendment, L. 2016.)
Amended by 2021 Ch. 289, § 6, eff. 9/7/2021.
Amended by 2016 Ch. 356, § 5, eff. 6/10/2016.
Amended by 2014 Ch. 302, § 36, eff. 5/31/2014.
L. 2002: Entire section added, p. 791, § 5, effective August 7. L. 2003: (1.5) added, p. 966, § 1, effective April 17. L. 2004: (1), (2), (3), and (5) amended, p. 748, § 1, effective May 12; (1)(b), (2), and (3) amended and (6) added, p. 1157, § 2, effective July 1. L. 2006: (1)(b) and (3)(b)(II) amended, p. 298, § 1, effective August 7. L. 2011: (1)(b) amended, (HB 11-1313), ch. 971, p. 971, § 1, effective August 10. L. 2014: (1) and IP(3)(b) amended and (2) and (3)(a) repealed, (HB 14-1363), ch. 1271, p. 1271, § 36, effective May 31. L. 2016: (1)(b), (3)(b), and (6) amended, (1)(c) added, and (3)(a) RC&RE, (SB 16-115), ch. 1482, p. 1482, § 5, effective June 10. L. 2021: (1)(c) amended, (HB 21-1225), ch. 1711, p. 1711, § 6, effective September 7.
2021 Ch. 289, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.