§ 11-40-106. Annual Fees and Assessments – Fund

1. Every domestic savings and loan association operating in this state shall pay to the division of financial services such fees for administration, supervision, and examination as the commissioner may determine sufficient to meet the budget of the division of financial services as appropriated by the general assembly for the fiscal year commencing July 1. The fees shall be determined as follows:
   1. At least semiannually, the commissioner shall assess each association, based on its total assets, to meet the costs of administration, examination, and supervision by the division for that fiscal year. Such assessments shall be calculated in terms of cents per thousand dollars of total assets but shall in no case exceed in total the costs of administration, examination, and supervision by the division for that fiscal year. The assessment calculation or ratio of the assessment charged to total assets shall be alike in all cases. On or before the dates specified by the commissioner, each association shall pay its assessment.
   2. As of July 1 of each year, the commissioner may estimate a per diem rate to be charged for the examination of each association during the fiscal year. At the conclusion of its examination, each association shall pay the actual cost of the examination, if required by the commissioner.
   3. At least semiannually, the commissioner shall assess each state and federal savings and loan association that has been designated as an eligible public depository, as defined in section 11-47-103 (6), based on its total public deposits held, to meet its share of the division’s supervisory costs of monitoring compliance with the provisions of the “Savings and Loan Association Public Deposit Protection Act”, article 47 of this title, for that fiscal year. Such assessments shall be calculated in terms of cents per thousand dollars of total public deposits held. The assessment calculation, or ratio of the assessment charged to total public deposits held, shall be alike in all cases. On or before the dates specified by the commissioner, each association shall pay its assessment.
   4. In the same manner as specified in paragraph (b) of this subsection (1), the commissioner may charge any state or federal savings and loan association that has been designated as an eligible public depository, as defined in section 11-47-103 (6), for the actual cost of any examination necessary to assure its compliance with article 47 of this title.
2. All fees and collections of every kind shall be transmitted to the state treasurer, who shall credit the same to the division of financial services cash fund, which fund is hereby created in the state treasury. All moneys in the fund shall be subject to appropriation by the general assembly for the direct and indirect costs of the activities of the division of financial services. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any moneys not appropriated shall remain in the fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year.

Source: L. 33: p. 352, § 4. CSA: C. 25, § 72. L. 39: p. 252, § 25. L. 45: p. 240, § 3. L. 47: p. 317, § 2. CRS 53: § 122-1-6. C.R.S. 1963: § 122-1-6. L. 67: p. 892, § 1. L. 81: (1) amended, p. 619, § 1, effective April 30. L. 83: (1)(c) added, p. 487, § 1, effective May 10. L. 84: (1)(d) added, p. 377, § 1, effective May 11. L. 88: IP(1) and (1)(a) amended, p. 455, § 1, effective March 18. L. 89: IP(1) amended, p. 618, § 8, effective July 1. L. 92: (1)(a) and (2) amended, p. 928, § 6, effective February 25. L. 2004: (1)(a)(II) and (1)(a)(III) amended, p. 135, § 12, effective July 1. L. 2005: (1) amended, p. 14, § 1, effective February 23.