(1) (a) All money collected by the state licensing authority pursuant to this article 10 must be transmitted to the state treasurer, who shall credit the same to the marijuana cash fund, which fund is hereby created and referred to in this section as the "fund". The fund consists of:
The money collected by the state licensing authority; and
Any additional general fund money appropriated to the fund that is necessary for theoperation of the state licensing authority.
Money in the fund is subject to annual appropriation by the general assembly to thedepartment for the direct and indirect costs associated with implementing this article 10 and article 28.8 of title 39.
Any money in the fund not expended for these purposes may be invested by the statetreasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and shall not be credited or transferred to the general fund or another fund.
(I) On July 1, 2014, the state treasurer shall transfer to the marijuana tax cash fundcreated in section 39-28.8-501 any money in the fund that is attributable to the retail marijuana excise tax transferred pursuant to section 39-28.8-305 (1)(b), the retail marijuana sales tax transferred pursuant to section 39-28.8-203 (1)(b), or the sales tax imposed pursuant to section 39-26-106, on the retail sale of marijuana products pursuant to this article 10.
On the date on which the state controller publishes the comprehensive annual financial report of the state for the 2013-14 state fiscal year, the state treasurer shall transfer to the marijuana tax cash fund created in section 39-28.8-501 any remaining money in the fund that is attributable to the retail marijuana excise tax transferred pursuant to section 39-28.8-305 (1)(b), the retail marijuana sales tax transferred pursuant to section 39-28.8-203 (1)(b), or the sales tax imposed pursuant to section 39-26-106, on the retail sale of marijuana products under this article 10.
On July 1, 2019, the state treasurer shall transfer nine hundred fourteen thousandfour hundred sixteen dollars from the marijuana cash fund to the marijuana tax cash fund created in section 39-28.8-501. On July 1, 2020, the state treasurer shall transfer eight hundred ninety thousand nine hundred one dollars from the marijuana cash fund to the marijuana tax cash fund.
Notwithstanding any other provision of law, on June 30, 2020, the state treasurershall transfer one million six hundred thousand dollars from the marijuana cash fund to the general fund.
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 24-75-402 (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 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 24-75-402 (4).
(a) The state licensing authority shall establish fees for processing the following types of applications, licenses, notices, or reports required to be submitted to the state licensing authority:
Applications for licenses listed in section 44-10-401 and rules promulgated pursuantto that section;
Applications to change location pursuant to section 44-10-313 (13) and rules promulgated pursuant to that section;
Applications for transfer of ownership pursuant to section 44-10-312 and rules promulgated pursuant to that section;
License renewal and expired license renewal applications pursuant to section 44-10-
314; and
Licenses as listed in section 44-10-401.
The amounts of such fees, when added to the other fees transferred to the fund pursuant to this section, must reflect the actual direct and indirect costs of the state licensing authority in the administration and enforcement of this article 10 so that the fees avoid exceeding the statutory limit on uncommitted reserves in administrative agency cash funds as set forth in section 24-75-402 (3).
The state licensing authority may charge applicants licensed under this article 10 afee for the cost of each fingerprint analysis and background investigation undertaken to qualify new officers, directors, managers, or employees.
At least annually, the state licensing authority shall review the amounts of the feesand, if necessary, adjust the amounts to reflect the direct and indirect costs of the state licensing authority.
Except as provided in subsection (5) of this section, the state licensing authority shallestablish a basic fee that shall be paid at the time of service of any subpoena upon the state licensing authority, plus a fee for meals and a fee for mileage at the rate prescribed for state officers and employees in section 24-9-104 for each mile actually and necessarily traveled in going to and returning from the place 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, there must be paid, in advance, a sum to be established by the state licensing authority for each day of attendance to cover the expenses of the person named in the subpoena.
The subpoena fee established pursuant to subsection (4) of this section is not applicable to any federal, state, or local governmental agency.
Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2926, § 5, effective January 1, 2020; (1)(d)(III) added, (SB 19-213), ch. 139, p. 1741, § 2, effective January 1, 2020. L. 2020: (1)(d)(IV) added, (HB 20-1406), ch. 178, p. 814, § 23, effective June 29.
Editor's note: (1) This section is similar to former § 44-11-501 as it existed prior to 2020.
(2) Subsection (1)(d)(IV) was numbered as § 44-11-501 (1)(d)(IV) in HB 20-1406 but was relocated due to the relocation of § 44-11-501 by SB 19-224, effective January 1, 2020. 44-10-802. Fees - allocation. (1) Except as otherwise provided, all fees and fines provided for by this article 10 shall be paid to the department, which shall transmit the fees to the state treasurer. The state treasurer shall credit the fees to the marijuana cash fund created in section 44-10-801.
(2) The expenditures of the state licensing authority are paid out of appropriations from the marijuana cash fund created in section 44-10-801.
Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2928, § 5, effective January 1, 2020.
Editor's note: This section is similar to former § 44-11-502 as it existed prior to 2020.