(1) All fees collected by the licensing authority pursuant to this part 6 shall be transmitted to the state treasurer, who shall credit them to the department of state cash fund created in section 24-21-104 (3)(b), also referred to in this section as the "fund". The money in the fund is subject to annual appropriation by the general assembly for the purposes of financing the licensing and enforcement activities of the secretary of state as specified in this part 6.
(2) (a) Fees authorized by this part 6 shall be established by the licensing authority, in consultation with the board, in amounts sufficient to ensure that the total revenue generated by the collection of such fees approximates the direct and indirect costs incurred by the licensing authority in carrying out its duties under this part 6. The amounts of all fees shall be reviewed annually. The licensing authority shall furnish to the board both an annual and a quarterly accounting of all fee and fine revenues received and expenditures made pursuant to this part 6, together with a list of all fees in effect.
(b) The cost of implementing the electronic application and report filing system required by section 24-21-605 (1)(c), including the cost of promulgating any new or amended rules for use of the system, shall be recovered through a temporary fee increase or surcharge assessed on licensees during the first five years of operation of the system. The licensing authority shall establish the temporary fee or surcharge on a sliding or graduated scale, based on the quarterly gross receipts of each licensee that is required to file quarterly reports or pay fees under section 24-21-621 (4) or 24-21-622 (6)(b), and in an amount sufficient to recover all of such costs within the five-year period.
(3) All fines assessed pursuant to this part 6 shall be paid to the state treasurer who shall credit the same to the general fund of the state.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p. 918, § 2, effective May 23.
Editor's note: This section is similar to former § 12-9-103.5 as it existed prior to 2017.