Date: 04/16/2012
Final
BILL SUMMARY for HB12-1329
HOUSE COMMITTEE ON LOCAL GOVERNMENT
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01:30 PM
Representative Bradford, committee chair, called the meeting to order.
01:30 PM -- House Bill 12-1329
Representative Scott, prime sponsor, presented House Bill 12-1329, concerning county treasurers becoming the public trustee in certain counties where the public trustee is currently appointed by the Governor. Representative Scott explained that 10 other counties designated as Class II counties have a public trustee who is appointed by the Governor. He talked about the need for the bill to allow El Paso County, Mesa County, and Weld County to be reclassified as a Class III counties, where the county treasurers serve as the public trustee. Representative Scott addressed questions from the committee and distributed newspaper articles to the committee concerning recent problems with the public trustees in Colorado (Attachment A).
01:36 PM
Bruce Eisenhauer, the Deputy Director of the Department of Local Affairs (DOLA), testified against the bill and talked about the important role of public trustees for the larger counties in Colorado. Mr. Eisenhauer explained that the 10 trustees are appointed by the Governor, and discussed the need for public trustees to have performance audits conducted by the State Auditor and follow the State Procurement Code. Mr. Eisenhauer responded to questions from the committee concerning the current oversight of public trustees and discussed the need for public trustees to follow the State Procurement Code. Discussion ensued between Mr. Eisenhauer, Representative Scott, and the committee members concerning the classifications of counties in state law for the purpose of having an appointed public trustee.
01:47 PM
Nicole Myers, Office of Legislative Legal Services, responded to questions from the committee concerning the different classifications of counties set in state statute for the purpose of assigning public trustees to larger counties. Committee discussion ensued concerning the statutory history of county classifications for public trustees and the duties of county treasurers.
01:59 PM
Robert Sweeney, representing the Palisade Tribune and Fruita Times, testified against the bill and explained the benefits of having public trustees to serve larger counties that also have county treasurers. Mr. Sweeney responded to questions concerning the type of information that must be published by county trustees and the publishing costs for public trustees and county treasurers. Committee discussion ensued concerning the duties and accountability of public trustees and county treasurers.
02:12 PM
Dianna Orf, representing the Associated Governments of Northwest Colorado (AGNC), testified in support of the bill and talked about the need for Mesa County to be reclassified as a Class III county to eliminate the position of the public trustee and allow the county treasurer to assume the duties of the public trustee. Ms. Orf responded to questions from the committee concerning the need for the bill and talked about the need to combine the publishing requirements of public trustees under the responsibilities of county treasurers.
02:17 PM
Peggy Littleton, El Paso County Commissioner, testified in support of the bill and talked about the need to eliminate the position of the El Paso County Trustee in order to create a cost savings for El Paso County. Commissioner Littleton explained that El Paso County would save approximately $150,000 each year by eliminating the trustee position and she responded to questions from the committee concerning El Paso County and the qualifications of public trustees and county treasurers.
02:29 PM
Bob Balink, El Paso County Treasurer, testified in support of the bill and talked about the need for the bill to increase efficiency and savings for El Paso County. Treasurer Balink talked about how the duties of the El Paso County Trustee would be incorporated into his office. He responded to questions from the committee concerning the salaries of, and fees collected by, county trustees and county treasurers.
02:47 PM
Barbara Kirkmeyer, Weld County Commissioner and representing the Weld County Board of County Commissioners, testified in support of the bill and explained that the bill would save Weld County approximately $100,000 each year. Commissioner Kirkmeyer talked about the need for accountability and oversight of county trustees and explained that the bill would allow the duties of the Weld County Trustee to be held to the audit requirements and procurement code of the county. She responded to questions concerning the use of foreclosure fees paid to public trustees being used for human service programs and how Weld County would consolidate the duties of the county trustee within the office of the county treasurer.
02:59 PM
Mr. Sweeney addressed the committee to explain the reason for the county trustee system and discussed Senate Bill 12-130, which made several changes to the administrative and notice requirements related to a foreclosure sale. Mr. Sweeney provided examples of when a cure statement for all amounts necessary to satisfy a foreclosure debt and the use of excess foreclosure fees collected by public trustees to be used for human services programs.
03:02 PM
Peg Ackerman, representing the Public Trustee Association of Colorado, addressed the committee to explain why the City and County of Denver was classified as a Class I county, and talked about the foreclosure fees collected by public trustees that are required to revert back to homes and families affected by foreclosures.
03:03 PM
Representative Bradford laid over House Bill 12-1329.
03:04 PM
The committee adjourned.