NOTE: The governor signed this measure on 5/21/2012.
      
      
      HOUSE BILL 12-1329
      
      
      BY REPRESENTATIVE(S) Scott and Pabon, Sonnenberg, Looper, Barker,
      Nikkel, Liston, Kerr J., Stephens, Vaad, Fields, Gardner B., Labuda,
      Miklosi, Murray, Pace, Waller, Williams A., Vigil, Wilson;
      also SENATOR(S) Nicholson, Harvey, King S.
      
      
      Concerning the county treasurer becoming the public trustee in
           certain counties where the public trustee is currently
           appointed by the governor.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 38-37-104, add (6), (7),
      and (8) as follows:
      
           38-37-104.  Duties of public trustees - fees, expenses, and salaries
      - reports. (6)  The public trustee of each county shall adopt a
      budget pursuant to the requirements of part 1 of article 1 of title
      29, C.R.S., and shall submit the budget to the board of county
      commissioners of the county in which he or she serves for review
      by the board.
      
           (7)  The office of the public trustee is subject to annual
      audit pursuant to the "Colorado Local Government Audit Law",
      part 6 of article 1 of title 29, C.R.S.; except that the office of the
      public trustee of any trustee who is appointed by the governor
      shall instead be subject to an individual annual audit pursuant to
      section 29-1-603 (1.5), C.R.S.
      
           (8)  Each public trustee who is appointed by the governor
      shall be subject to the state "Procurement Code", articles 101 to
      112 of title 24, C.R.S., for any purchase of twenty thousand
      dollars or more and for any multiple year purchase agreement;
      except that, if the procurement rules established for the county
      in which the public trustee serves require an open and competitive
      bidding process, the public trustee may apply the county
      procurement rules.
      
           SECTION 2.  In Colorado Revised Statutes, 29-1-603, add (1.5) as
      follows:
      
           29-1-603.  Audits required. (1.5)  Notwithstanding the
      provisions of this part 6, beginning January 1, 2013, the office of
      the county public trustee of any trustee who is appointed by the
      governor pursuant to section 38-37-102 (1), C.R.S., shall cause to
      be made an annual audit of the financial activities of the office of
      the public trustee that is separate from the audit made pursuant
      to subsection (1) of this section, and such offices of the public
      trustee need not be included in the county audit made pursuant to
      subsection (1) of this section. The office of the county public
      trustee of any trustee who is the county treasurer pursuant to
      section 38-37-102 (2), C.R.S., shall continue to be included in the
      county audit made pursuant to subsection (1) of this section.
      
           SECTION 3.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      8, 2012, if adjournment sine die is on May 9, 2012); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2012
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO