(1) The general assembly hereby declares that the core goals in developing and modernizing electronic filing systems are to:
(a) Assure the security, accuracy, and preservation of public records required to be maintained by a clerk and recorder;
(b) Maintain the privacy of personal identifying information, online public access to which is not necessary to the proper functioning of land title records or other public records required to be maintained by a clerk and recorder;
(c) Assure that the sequence in which documents are received by a clerk and recorder for recording or filing is accurately reflected, to the greatest extent practicable, in the records of the clerk and recorder, regardless of whether documents are received electronically or by other means;
(d) Provide for online public access to public records maintained by a clerk and recorder; and
(e) Assure that electronic filing systems used in different counties are similar so as to facilitate the submission and searching of electronic records.
(2) In order to accomplish its business purpose, the board may impose an electronic filing surcharge of up to two dollars that is uniformly collected on all documents received by a county clerk and recorder for recording or filing on or after January 1, 2017, through April 30, 2029.
(3) The board shall:
(a) Develop a strategic plan that incorporates the core goals;
(b) Determine functionality standards for an electronic filing system that support the core goals;
(c) Issue a request for proposal for electronic filing system equipment and software that the counties may choose to acquire;
(d) Develop best practices for an electronic filing system;
(e) Provide training to clerk and recorders related to electronic filing systems;
(f) Award grants in accordance with section 24-21-404; and
(g) Prepare reports in accordance with section 24-21-406.
(4) The board may:
(a) Issue bonds in accordance with section 24-21-405; and
(b) Promulgate any rules necessary to administer the provisions of this part 4.
Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1479, � 3, effective June 10. L. 2021: (2) amended, (HB 21-1225), ch. 289, p. 1710, � 2, effective September 7. L. 2024: (2) amended, (HB 24-1269), ch. 394, p. 2719, � 9, effective July 1, 2025.
24-21-404. Electronic recording technology fund - electronic filing - grants. (1) (a) The electronic recording technology fund is created in the state treasury and consists of money credited thereto in accordance with section 30-10-421 (3)(a), C.R.S. The money in the fund is continuously appropriated to the board to award grants under subsection (2) of this section and for any other purpose authorized by this part 4, including any direct and indirect administrative expenses.
(b) The money in the fund shall not be deposited in or transferred to the general fund or any other fund. All interest and income derived from the investment and deposit of money in the fund are credited to the fund. Any unexpended and unencumbered money in the fund at the end of a fiscal year shall remain in the fund and not be credited or transferred to the general fund or another fund.
(2) (a) The board shall use money in the fund to award grants to counties to:
(I) Establish, maintain, improve, or replace their electronic filing systems; and
(II) Improve the security of a county's general information technology systems, if the improvement is necessary to improve the security of the county's electronic filing system.
(b) (I) The board shall award grants, whenever possible, in a manner that is designed to achieve the core goals specified in section 24-21-403 (1) over a reasonable period. In making grants to maintain existing electronic filing systems, the board shall give priority to rural counties and to counties that do not have sufficient revenue from the surcharge proceeds retained in accordance with section 30-10-421 (3)(b) to maintain their electronic filing systems. The board shall develop a grant application process and award grants based on a scoring system that incorporates the core goals.
(II) The board may approve a grant application to establish, maintain, improve, or replace an electronic filing system notwithstanding that a portion of the grant will be used to enable the system to receive, store, manage, and provide online access to public documents that are maintained by the county clerk and recorder but that are not related to real property.
(3) A county that receives a grant from the board shall cooperate with the board in its preparation of the report required by section 24-21-406 (1).
Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1480, � 3, effective June 10. L. 2021: (2) amended, (HB 21-1225), ch. 289, p. 1711, � 3, effective September 7.